r^ *■■ ■' x. *«N fL t tffl ' / / 1 t> f/ C r y It ^ r c a ' ■ THE j&rttate Correspondence OF BENJAMIN FRANKLIN, LL.D. F.R.S. &c. MINISTER PLENIPOTENTIARY FROM THE UNITED STATES OF AMERICA AT THE COURT OF FRANCE, AND FOR THE TREATY OF PEACE AND INDEPENDENCE WITH GREAT BRITAIN, &C. &C. COMPRISING A SERIES OF LETTERS ON MISCELLANEOUS, LITERARY, AND POLITICAL SUBJECTS! WRITTEN BETWEEN THE YEARS 1753 AND 1790; ILLUSTRATING THE jm*k$ of 8te public ant* prtfcate llife, AND DEVELOPING THE SECRET HISTORY OF HIS POLITICAL TRANSACTIONS AND NEGOCIATIONS. PUBLISHED FROM THE ORIGINALS, BY HIS GRANDSON WILLIAM TEMPLE FRANKLIN. IN TWO VOLUMES. VOL. II. Second Edition, with Additions. LONDON : PRINTED FOR HENRY COLBURN, PUBLIC LIBRARY, CONDUIT STREET, HANOVER SQUARE. 1817. ) ■ •JOiii Ilafflum : PRINTED BY A. J. VALPY, rOOKE'e COURT, CHANCERY LAKE, 1817. F #tttate CotresponDence OF BENJAMIN FRANKLIN. TABLE OF CONTENTS TO VOLUME SECOND. PART III. LETTERS RELATING TO NEGOTIATIONS FOR PEACE, &C. [This Part, consisting entirely of Letters and Documents relative to the same subject, namely — Overtures and Nego- tiations/or Peace and Commerce between Great Britain and the United States of America ; it has been deemed unne- cessary to precede each Letter (as in the former Parts) by a Note of its particular Contents.] PAGF. Dr. Franklin to David Hartley, Esq. M. P. Passy, near Paris, Oct. 14, 1777 . . .1 to Mr. Hutton, Feb. 1, 1778 . „ 6 to ditto, Feb. 12, 1778 . . .8 to David Hartley, Esq. M. P. Feb. 12, 1778 . . . . 8 to ditto, Feb. 26, 1778 . . . M to Mr. Hutton, March 24, 1778 . U to William Pultenev, Esq. M. P. March 30, 1778 . . . .15 885339* * IV CONTENTS. V PAGE William Alexander, Esq. to Dr. Franklin, April 4, 177s 17 Dr. Franklin to Dr. Bancroft, April 16, 1778 .... to His Excellency Jos. Reed, Esq. "J March 19, 178O . . f IS Certificate of William Alexander,/ Esq. March 19, 1780 . J 20 William Alexander, Esq. to Dr. Franklin, March 19, 1780 . . . . ... Dr. Franklin to Count de Vergenues, April 24, 1778 . 21 Count de Vergennes to Dr. Franklin, April 25, 1778 . 23 D. Hartley, Esq. to Dr. Franklin, April 29, 1778 . 24 Dr. Franklin in answer to the foregoing, April 29, 1778 25 Anonymous to Dr. Franklin, May 20, 1778 . .... Dr. Franklin, in answer to a letter from Brussels, July 1, 1778 . . . .26 in answer to the propositions of quitting the alliance with France, Feb. 3, 1779 33 to David Hartley, Esq. Feb. 22, 1779 • 36 to ditto, March 21, 1779 . • ^7 From D. Hartley, Esq. to Dr. Franklin, April 22, 1779 • 38 Dr. Franklin to D. Hartley, Esq. May 4, 1779 • 45 to ditto, Feb. 2, 1780 . . .48 From D. Hartley, Esq. to Dr. Franklin, July 17, 1780 51 Dr. Franklin to His Excellency J. Adams, Esq. April 29, 1781 . . . .54 to D. Hartley, Esq. June 30, 1781 . 55 to His Excellency J. Adams, Esq. Oct. 5,1781 ... to ditto, Oct. 12, 1781 . . .57 William Alexander, Esq. to Dr. Franklin, Dec. 15, 1781 58 Dr. Franklin to Mr. Alexander, in answer, Dec. 1 5, 1 781 59 to D. Hartley, Esq. Dec. 15, 1781 . 59 D. Hartley, Esq. to Dr. Franklin, Jan. 2, 1782 7 60 Conciliatory Bill to Dr. Franklin, P.S. Jan. 8, 1782 Dr. Franklin to D. Hartley, Esq. Jan. 15, 1782 . . 6*8 D. Hartley, Esq. to Dr. Franklin, Jan. 24, 1782 . 72 William Alexander, Esq. to D. Hartley, Esq. Jan. 25, 1782 . . . .77 D. Hartley, Esq. to Dr. Franklin, Feb. 1, 1782 . 78 Dr. Franklin to D. Hartley, Esq. Feb. 16, 1782 . ... D. Hartley, Esq. to Dr. Franklin, Feb. 28, 1782 .81 Col. Hartley, M. P. to Dr. Franklin, Feb. 28, 1782 . 82 Edmund Burke, M. P. to Dr. Franklin, Feb. 28, 1782 84 7 60 > 66 3 ^7 CONTENTS. V PAGE Dr. Franklin to Robert R> Livingston, Esq. March 4, 1782 85 William Alexander, Esq. to Dr. Franklin, March 3, 1782 90 Dr. Franklin to Robert R. Livingston, Esq. March 9, 1782 91 D. Hartley, Esq. to Dr. Franklin, March 11, 1782 . 92 D. Hartley, Esq. M. P. to Dr. Franklin, March 12, 1782) 93 Votes of the Commons, Feb. 27, 1782 > 95 to Dr. Franklin, March 21, 1782 ) 97 Mr. Thomas Digges to Dr. Franklin, March 22, 1782 99 J. Adams, Esq. to Dr. Franklin, March 26, 1782 . 104 Dr. Franklin to Robert R. Livingstou, Esq. March 30, 1782 . . . .107 to J. Adams, Esq. March 31, 1782 . 108 to D.Hartley, Esq. March 31, 1782 . 109 to ditto, April 5, 1782 . . .110 to Robert R. Livingston, Esq. April 8, 1782 113 to ditto, April 12, 1782 . .114 to the Hon. H. Laurens, Esq. April 12," 1782 Commission to Messrs. Adams, Frank- lin, Jay, Laurens, and Jefferson, 15th June, 1781 - . - . J 116 Monsieur de Rayneval to Dr. Franklin, April 12, 1782 118 Dr. Franklin to D. Hartley, Esq. April 13, 1782 . 119 to J. Adams, Esq. April 13, 1782 . 121 D. Hartley, Esq. to Dr. Franklin, May 1, 1782 "J 122 Breviate (inclosed in the above) Feb. > 7, 1782 . . . ) 129 Private Journal of Dr. Franklin, be- gun May 9, 1782 . . . 132 Dr. Franklin to Lord Shelburne, March 22, 17&2 , 133 Lord Shelburne to Dr. Franklin, April 6, 1782 . 134 Henry Laurens, Esq. to ditto, April 7, 1782 . ,135 Dr. Franklin, to Monsieur le Comte de Vergennes, April 15, 1782 . . . .137 to Lord Shelburne, April 18, 1782 . 139 Notes of Conversation . , 144 to J. Adams, Esq. April 20, 1782 . 147 to H. Laurens, Esq. April 20, 1782 . 149 J. Adams, Esq. to Dr. Franklin, April 16, 1782 . 150 Dr. Franklin to J. Adams, Esq. April 20, 1782 . 153 J. Adams, Esq. to Dr. Franklin, May 2, 1782 . 155 H. Laurens, Esq. to Dr. Franklin, April 30, 1782 . 157 Lord Shelburne to Dr. Franklin, April 28, 1782 . 159 VI CONTENTS. Dr. Franklin to the Count de Vergeiraes, May 4, 1782 'li&Z Count de Vergennes to Dr. Franklin, May 5, 1782 . 16*3 Dr. Franklin to J. Adams, Esq. May 8, 1782 . . 164 C. J. Fox, Esq. to Dr. Franklin, May 1, 1782 . 165 Dr. Franklin to the Right Hon. C. J. Fox, Esq. May 10, 1782 . . . "■;. . 171 to Lord Shelburne, May 10, 1782 . 172 to ditto, May 13, 1782 . . 174 D. Hartley, Esq. to Dr. Franklin, (London) May 3, 1782 177 Dr. Franklin to D. Hartley, Esq. May 13, 1782 . 178 Henry Laurens, Esq. to Dr. Franklin, Ostend, May 17, : 1782 . . . . 182 Dr. Franklin to H. Laurens, Esq. May 25, 1782 . 18i D. Hartley, Esq. to Dr. Franklin, May 13, 1782 ) 188 Proposed Preliminaries, May,> 1782 . . ) 191 to Dr. Franklin, May 25, 1782 V 195 Lord Shelburne to Dr. Franklin, May 21, 1782 . 197 to ditto, May 2o\ 1782 . . 198 Dr, Franklin to Mr. Grenville, May 31, 1782 . . 202 to J. Adams, Esq. June 2, 1782 . .203 Lord Shelburne to R. Oswald, Esq. May 21, 1782 . 207 Memorandums written by Lord Shelbnrne 209 Col. Hartley to Dr. Franklin, May 24, 1782 . .213 &. Oswald, Esq. to Dr. Franklin, June 5,1782 . 214 Dr. Franklin to R. Oswald, Esq. June 6, 1782 .215 Extract from the London Evening PostX)f May 30, 1782 . . 216* to R. Oswald, Esq. June 11, 1782 .220 The Marquis* de la Fayette to Dr. Franklin, June 20,1782 231 J. Adams, Esq:, to Dr. Franklin, June 13, 1782 . 233 Dr. Franklin to Robert R. Livingston; Esq. June 25, 1782 . V . . 236 to the Hon. Robert Morris, Esq. ditto . 239 to R. Oswald, Esq. June 27, 1782 .... Dr. Franklin to Robert JL Livingston, Esq. June 28, 1782 241 to DrV dbSoper, June 28, 1782 . " r1?44 to Henry Laurens, Esq. July 2, 1 782 ,.. 246* Governor Pownall to Dr. Franklin, July 5, 1782 - J .^247 to the Hon. Mr, Hobart, JttVy^, 1782 , . 248 Memorandum; ^y f Da,Vrd hartley; Esq. s [emorandum," by : David July 8, 1782 ' "^i-u . The Marquis de la Fayette to Dr. Franklin, July 9, 1782 256* - '-.IVtRr-fl 1TQO ' L'l.-'-L 25 CONTENTS. VII PAGE Dr. Franklin to the Marquis de la Fayette, July 9, 1782 256 to David Hartley, Esq. July 10, 1782 . 257 to Benjamin Vaughan, Esq. July 10, 1782 259 to Benjamin Vaughan, Esq. July 11, 1782 260 to R. Oswald, Esq. July 12, 1782 . 26l to Lord Shelburne, July 12, 1782 . 262 to the Marquis de la Fayette, July 24, 1782 . . . . 263 D. Hartley, Esq. to Dr. Franklin, July 26, 1782 .... Lord Grantham to Dr. Franklin, July 26, 1782 . 265 Lord Shelburne to Dr. Franklin, July 27, 1 782 . 266 Dr. Franklin to R. Oswald, Esq. July 28, 1782 .... to Count de Vergennes, August 8, 1782 268 Count de Vergennes to Dr. Franklin, August 8, 1782 Dr. Franklin to Robert R. Livingston, Esq. August 12, 1782 . ' . . . 269 D. Hartley, Esq. to Dr. Franklin, August 16, 1782 .... Dr. Franklin to John Jay, Esq. Sept. 4, 1782 . 272 R. Oswald, Esq. to Dr. Franklin, Sept. 5, 1782 1 . . . Right Hon. Thomas Townshend to R. Oswald, Esq. V Sept. 1, 1782 . . ) 273 D. Hartley, Esq. to Dr. Franklin, Sept. 7, 1782 .... Dr. Franklin to R. Oswald, Esq. Sept. 8, 1782 . 274 to the Earl of Grantham, Sept. 1 1, 1782 275 to David Hartley, Esq. Sept. 17, 1782 . 276 R. Oswald, Esq. to Dr. Frankliu, Sept. 24, 1782 . 277 Riff^: I en. Thomas Townshend to R. Oswald, Esq. Sept. 20, 1782 . . .277 Dr. Franklin to the Hon. Robert R. Livingston, Esq. ' Sept. 26, 1782 . . ^278 Commission to R. Oswald, Esq. Sept. 21, 1782 . . . to the Hon. Robert R. Livingston, Oct. 14, 1782 . . . .281 to His Excellency J. Adams, Esq. Oct. 15, 1782 . . . .283 Right Hon. Thomas Townshend to Dr. Franklin, Oct. 23, 1782 . . . .284 Dr. Franklin to the Right Hon. T. Townshend, Nov. 4, 1782 . . . .... Henry Strachey, Esq. to the Ministers Plenipotentiary of the United States. Paris, Nov. 5, 1782 . . , . .286 \ YU1 CONTENTS, i 1 PAGE The Ameri- t answer to the foregoing, Nov. 6, 1782 287 can minis- \ to R. Oswald, Esq. Nov. 6, 1782 .... ters in \ Article proposed by the American Plenipotentiaries . . .288 Facts (in support of the foregoing) . 289 Dr. Franklin f to Richard Oswald, Esq. Nov. 26, 1782 290 Resolve of Congress of Sept. 10, f782 291 Bill proposed by the Assembly of the State of Pennsylvania, Sept 18, 1782 292 B. Vaughan, Esq. to Dr. Franklin, Nov. 27, 1782 . 298 Dr. Franklin to Count de Vergennes, Nov. 29, 1782 300 Articles agreed on between R. Oswald, Esq. and the Commissioners of the United States of America, Nov. 30, 1782 301 Separate Article . . . 306 J>r. Franklin / to Robert R. Livingston, Esq. Dec. 5, I 1782 . . . .307 l Proposed Articles inclosed in the v foregoing . . . . 311 British Pass for the ship Washington 315 The American Plenipotentiaries to Robert R. Livingston, . . Esq. Dec. 14, 1782. Containing remarks on the treaty . ',«, . 3l6 Dr. Franklin to Count de Vergennes, Dec. 15, 1782 . 320 Count de Vergennes to Dr. Frauklin, in answer .... Dr. Franklin to Count de Vergennes, Dec. 17, 1782 . 321 Monsieur du Marbois to Count de Vergennes, Philadel- phia, March 13, 1782 . . 324 Count de Vergennes to Dr. Franklin, Dec. 25, 1782 . 325 Dr. Franklin to Richard Oswald, Esq. Jan. 14, 1783 . 329 Proposition relative to Privateering . 330 Count de Vergennes to Dr. Franklin, Jan. 18, 1783 . 333 Dr. Franklin to Count de Vergennes, Jan. 18, 1783 . 334 B. Vaughan, Esq. to Dr. Franklin, Paris i Jan. 18, 1783 . . Dr. Franklin to J. Adams, Esq. Jan. 19, 1783 . 335 Mr. Fitzbearbert's Commission to treat with France . . . . . 336 Declaration by the American Plenipo- tentiaries .... 338 Copy of the first and the twenty-second Ar- ticles of the Preliminary Treaty between France and Great Britain . . 340 CONTENTS. IX PACK American Passport for British ships 341 Proclamation of the King of Great Britain for the Cessation or Hostilities, i4thFeb. 1783 . 342 Allevne Fitzherbert, Esq. to the American Ministers, Feb. 18, 1783 . . . 344 Declaration of the Cessation of Arms on the part of America, 20th Feb. 1783 . . .345 David Hartley, Esq. to Dr. Franklin, March 12, 1783 347 Conciliatory Propositions, March, 1783 .... 348 Sketch of a provisional Treaty of Commerce . . . 351 Br e vi ate of the Treaty . .353 Dr. Franklin to David Hartley, Esq. March 23, 1783 354 D. Hartley, Esq. to Dr. Franklin, March 31, 1783 ") 355 Supplemental Treaty proposed > 356 Paper inclosed in the foregoing Letter j 358 Right Hon. C.J. Fox to B. Franklin, April 10, 1783 359 Three Articles proposed by the Ame- rican Ministers, April 29, 1 783 3rj0 Dr. Franklin to Count de Vergennes, May 5, 1783 362 to D. Hartley, Esq. May 8, 1783 .... Hon. C. J. Fox to David Hartley, Esq. May 9, 1783 "} 364 Memorial to Lord Shelburne, May 3, 1782 . . . Memorial to the Right Hon. C. Fox, April 11, 1783 . J 370 Commission to D. Hartley, Esq. 14th May, 1783 . . . 3~2 Order in Council, May 14, 1783 . 374 Mr. Hartley's Observations and Proposi- tions, May 21, 1783 . . , 376i Proposed Agreement . . 379 Mr. Temple Franklin to David Hartley, Esq. May 21, 1783 . . . .381 Henry Laurens, Esq. to the American Plenipotentiaries, Dover, 10th June, 1783 . . ... Proclamation of the King, 6th June, 1783 . . VOL. II. 3 Y X CONTENTS. PAGE D. Hartley, Esq.* to the American Ministers, June 14, J 1783 . . , f 383 Memorial of David Hartley, Esq. June £ 1,1783, {inclosed in the foregoing) j 390 Henry Laurens, Esq. to the American Plenipotentiaries, London, June 17, 1783 . . 397 From the same to the same, June 20, 1783 399 Mr. Hartley's Six Propositions . .... for the Definitive Treaty . .401 Dr. Franklin to Henry Laurens, Esq. July 6\ 1783 . 402 The American Ministers to D. Hartley, Esq. July 17, 1783 w . . .403 to R. R. Livingston, Esq. July, 1783 . 405 Dr. Franklin to the same, July 22, 1783 ' . . 412 The American Ministers to the same, July 27, 1783 . 418 David Hartley, Esq. to the American Ministers, Paris, August 12, 1783 . . . 419 Answer to the foregoing . . . 420 Dr. Franklin to Count de Vergennes, -August lo, 1783 421 Monsieur de Rayneval to Dr. Franklin, Versailles, Aug. 29, 1783 \/i . . .... D. Hartley, Esq. to the American Ministers, August 29> 1783 \ f . 422 Answer to the foregoing . .... Definitive Treaty between Great Britain and the United States of America, signed at Pa- ris the 3d day of Sept, 1783 . . 423 David Hartley, Esq. to the American Ministers, Sept. 4, 1783 ,' . . .425 Answer to the foregoing, Sept. 5, 1 783 . 426 Dr. Franklin to D. Hartley, Esq. Sept. 7, 1783 . 428 to the same, Sept. 6, 1783 . .... to the Right Hon. C. J. Fox, Esq. Sept. 5, 1783 . . . . 430 to D. Hartley, Esq. Sept. 7, 1783 .... E. Boudinot, Esq. to Dr. Franklin, inclosed in the fore- going . . . . 431 The American Ministers to D.Hartley, Esq. Sept. 7, 1783 . . . to Elias Boudinot, Esq. President of Con- gress Sept. 10, 1783 . .432 D. Hartley, Esq. to Dr. Franklin, Bath, Sept. 24, 1783 439 to the same, Oct. 4, 1783 . . 440 CONTENTS. xi PAGE Dr. Franklin to D. Hartley, Esq. Oct. 16, 1783 . 442 to the same, Oct. 22, 1 783 . . 443 to the Hon. Rob. Morris, Esq. Dec. 25, 1783 . . . .... to His Excellency Thomas Mifflin, President of Congress, Dec. 25, 1783 . .445 to Charles Thomson, Esq. Secretary of Con- gress, May 13, 1784 . . .448 D. Hartley, Esq. to Dr. Franklin, Paris, June 1, 1784 449 Dr. Franklin to D. Hartley, Esq. June 2, 1784 . 45 1 to the same, Jan. 3, 1785 l 5 BO . 455 to the Hon. J. Jay, Esq. Minister for Fo- reign Affairs, Philadelphia, Sept. 19, 1785 . . . .457 to * * * Philadelphia, Jan. 19, 1790 . 459 ,««_r_ .ff^Uiaim osonemA 911I oj ep<_ ^IrisH mvBU I Ua%uA iril ol is wgjpA - ' ■"' "■ *-■ cguA ,*_i&-i9 7 jiilafmn'2 aO ol forsa^&Hf 3b wnmoM ilzQ SUPPLEMENT TO PRIVATE CORRESPONDENCE. ! : \ ' PART II I. CI n* ffi ____-____. PAGE W. Carmichael, Esq. to Dr. Franklin, Madrid, April 27, 1780 . . . .460 to the same, Madrid, July 18, 1780 . 46 1 ^j Memoire de Sir John Dalrymple, ou Projet du Lord Rocheford pour empe- cher la Guerre, [Anecdote Historique.] 462 PRIVATE CORRESPONDENCE OF BENJAMIN FRANKLIN, PART III. LETTERS RELATING TO NEGOTIATIONS FOR PEACE, &c. To David Hartley, Esq. M. P. Dear Sir, Fassy,riear Paris, Oct. 14, 1777. I received duly your letter of May 2, 77, including a copy of one you had sent me the year before, which never came to hand, and which it seems has been the case with some I wrote to you from America. Filled though our letters have always been with sentiments of goodwill to both countries, and earnest desires of prevent- ing their ruin and promoting their mutual felicity, I have been apprehensive that if it were known a correspondence subsisted between us, it might be attended with inconve- nience to you. I have therefore been backward in writ- ing, not caring to trust the post, and not well knowing who else to trust with my letters. But being now assured of a safe conveyance, I venture to write to you, especially as I Vol. ii. A 2 PRIVATE CORRESPONDENCE PART III. think the subject such a one as you may receive a letter upon without censure. Happy should I have been, if the honest warnings I gave of the fatal separation of interests as well as of affec- tions, that must attend the measures commenced while I was in England, had been attended to, and the horrid mis- chief of this abominable war been thereby prevented. I should still be happy in any successful endeavours for re- storing peace, consistent with the liberties, the safety and the honor of .America. As to our submitting to the go- vernment of Great Britain, 'tis vain to think of it. She has given us by her numberless barbarities (by her malice in bribing slaves to murder their masters, and savages to massacre the families of farmers, with her baseness in re- warding the unfaithfulness of servants and debauching the virtue of honest seamen entrusted with our property) in the prosecution of the war, and in the treatment of the prisoners, so deep an impression of her depravity, that we never again can trust her in the management of our affairs and interests. It is now impossible to persuade our peo- ple, as I long endeavoured, that the war was merely mi- nisterial, and that the nation bore still a good will to us. The infinite number of addresses printed in your Gazettes all approving the conduct of your government towards us, and encouraging our destruction by every possible means, the great majority in parliament constantly manifesting the same sentiments, and the popular public rejoicings on oc- casion of any news of the slaughter of an innocent and vir- tuous people fighting only in defence of their just rights ; these, together with the recommendations of the same measures by even your celebrated moralists and divines in their writings and sermons, that are still approved and ap- PART III. OF BENJAMIN FRANKLIN. 3 plauded in your great national assemblies, all join in con- vincing us that you are no longer the magnanimous en- lightened nation we once esteemed you, and that you are unfit and unworthy to govern us, as not being able to go- vern your own passions. But, as I have said, 1 should be nevertheless happy in seeing peace restored. For though if my friends and the friends of liberty and virtue, who still remain in England, could be drawn out of it, a continuance of this war to the ruin of the rest, would give me less concern, I cannot, as that removal is impossible, but wish for peace for their sakes, as well as for the sake of humanity and preventing This wish of mine, ineffective as it may be, induces me to mention to you that between nations long exasperated against each other in war, some act of generosity and kind- ness towards prisoners on one side, has softened resentment and abated animosity on the other, so as to bring on an ac- commodation. You in England, if you wish for peace, have at present the opportunity of trying this means, with regard to the prisoners now in your gaols. They com- plain of very severe treatment. They are far from their friends and families, and winter is coming on in which they must suffer extremely if continued in their present situa- tion, fed scantily on bad provisions, without \\ arm lodging, clothes or fire ; and not suffered to invite or receive visits from their friends, or even from the humane and charitable of their enemies. I can assure you from my own certain knowledge, that your people, prisoners in America, have been treated with great kinduess ; they have been served with the same rations of wholesome provisions with our own troops, comfortable lodgings have been provided for them, 4 PRIVATE CORRESPONDENCE PART 111. and they have been allowed large bounds of villages in the healthy air, to walk and amuse themselves with on their parole. Where you have thought fit to employ contrac- tors to supply your people, these contractors have been protected and aided in their operations. Some consider- able act of kindness towards our people, would take oft* the reproach of inhumanity in that respect from the nation, and leave it where it ought with more certainty to lay, on the conductors of your war in America. This 1 hint to you, out of some remaining good will to a nation I once loved sincerely. But as things are, and in my present temper of mind, not being overfond of receiving obliga- tions, I shall content myself with proposing that your go- vernment would allow us to send or employ a commissary to take some care of those unfortunate people. Perhaps on your representations this might be speedily obtained in England, though it was refused most inhumanly at New- York. If you could have leisure to visit the gaols in which they are confined, and should be desirous of knowing the truth relative to the treatment they receive, I wish you would take the trouble of distributing among the most necessitous according to their wants five or six hundred pounds, for which your drafts on me here shall be punctually honored. You could then be able to speak with some certainty to the point in parliament, and this might be attended with good effects. If you cannot obtain for us permission to send a com- missary, possibly you may find a trusty humane discreet person at Plymouth, and another at Portsmouth, who would undertake to communicate what relief we may be able to afford those unfortunate men, martyrs to the cause PART III. OF BENJAMIN FRANKLIN. 5 of liberty. Your king will not reward you for taking this trouble, but God will. 1 shall not mention the gratitude of America : you will have what is better, the applause of vour own good conscience. Our captains have set at li- berty above two hundred of your people made prisoners by our armed vessels and brought into France, besides a great number dismissed at sea on your coasts, to whom vessels were given to carry them in. But you have npt returned us a man in exchange. If we had sold your people to the Moors at Sallee, as you have many of ours to the African and East India Companies, could you have complained ? In revising what I have written, 1 found too much warmth in it, and was about to strike out some parts. Yet I let them go, as they will afford you this one reflection. " If a man naturally cool, and rendered still cooler by old age, is so warmed by our treatment of his country, how much must those people in general be exasperated against us ! and why are we making inveterate enemies by our bar- barity, not only of the present inhabitants of a great coun- try, but of their infinitely more numerous posterity ; who will in all future ages detest the name of Englishman, as much as the children in Holland now do those of Alva and Spaniard." This will certainly happen unless your conduct is speedily changed, and the national resentment falls, where it ought to fall heavily, on your ministry, or perhaps rather on the whose will they only execute. With the greatest esteem and affection, and best wishes for your prosperity, I have the honor to be, dear Sir, &c. B. Franklin, PRIVATE CORRESPONDENCE PART 111. To Mr. Hutton. 1 My dear old friend, Passy, Feb. 1, 1778. You desired that if I had no proposition to make, I would at least give my advice. I think it is Ariosto who says, that all things lost on earth, are to be found in the moon ; on which somebody remarked, that there must be a great deal of good advice in the moon. If so there is a good deal of mine formerly given and lost in this business. 1 will however at your request give a little more, but without the least expecta- tion that it will be followed ; for none but God can at the same time give good counsel, and wisdom to make use ©fit. You have lost by this mad war, and the barbarity with which it has beeu carried on, not only the government and commerce of America, and the public revenues and pri- vate wealth arising from that commerce, but what is more, you have lost the esteem, respect, friendship, and affection of all that great and growing people, who consider you at present, and whose posterity will consider you, as the worst and wickedest nation upon earth. A peace you may undoubtedly obtain, by dropping all your pretensions to govern us : and by your superior skill in huckstering negociation, you may possibly make such an apparently advantageous bargain as shall be applauded in your par- liament ; but you cannot with the peace recover the affec- tions of that people, it will not be a lasting nor a profit- able one, nor will it afford you any part of that strength which you once had by your union with them, and might 1 See an account of this gentleman, Part I. PART III. OF BENJAMIN FRANKLIN. 7 (if you had been wise enough to take advice) have still re- tained. To recover their respect and affection you must tread back the steps you have taken. Instead of honoring and rewarding the American advi- sers and promoters of this war, you should disgrace them ; with all those who have inflamed the nation against Ame- rica by their malicious writings ; and all the ministers and generals who have prosecuted the war with such inhuma- nity. This would show a national change of disposition, and a disapprobation of what had passed. In proposing terms, you should not only grant such as the necessity of your affairs may evidently oblige you to grant, but such additional ones as may show your genero- sity, and thereby demonstrate your good will. For in- stance, perhaps you might by your treaty retain all Cana- da, Nova Scotia, and the Floridas. But if you would have a real friendly as well as able ally in America, and avoid all occasion of future discord which will otherwise be continually arising on your American frontiers, you should throw in those countries. And you may call it if you please an indemnification for the burning of their towns, which indemnification will otherwise be some time or other demanded. I know your people will not see the utility of such mea- sures, and will never follow them, and even call it inso- lence and impudence in me to mention them. I have however complied with your desire, and am as ever your affectionate friend, B, Franklin* 8 PRIVATE CORRESPONDENCE PART ill. To Mr. Hutton. Dear old Friend, Passy, Feb. 12, 1778. I wrote the above some time before I received yours, acquainting me with your speedy and safe return, which gave me pleasure. I doubted after I had written it, whether it would be well to send it ; for as your proud nation despises us exceedingly, and demands and expects absolute and humble submission, all talk of treaty must appear imprudence, and tend to provoke rather than conciliate. As you still press me by your last to say something ; 1 conclude to send what I had written, for I think the advice is good though it must be useless ; and I cannot, as some amongst you desire, make propo- sitions, having none committed to me to make ; but we can treat if any are made to us ; which however we do not expect. 1 abominate with you all murder, and I may add that the slaughter of men in an unjust cause is nothing less than murder ; I therefore never think of your present ministers and their abettors, but with the image strongly painted in my view, of their hands, red, wet, and dropping with the blood of my countrymen, friends, and relations. No peace can be signed by those hands. Peace and friendship will nevertheless subsist for ever between Mr. Hutton and his affectionate friend, B. Franklin, To D. Hartley, Esq. M. P. Dear Sik, Passy, Feb. 12, 1778. A thousand thanks for your so readily engaging in the means of relieving our poor captives, and the pains you have taken, and the advances you have made for that purpose. I received your kind letter of the 3d PART III. OF BENJAMIN FRANKLIN. 9 instant, and send you enclosed a bill of 100/. I much approve of Mr. Wren's prudent, as well as benevoleut conduct, in the disposition of the money, and wish him to continue doing what shall appear to him and you to be right, which I am persuaded will appear the same to me and my colleagues here. I beg you will present him when you write my respectful acknowledgments. Your " earnest caution and request that nothing may ever persuade America to throw themselves into the arms of France ; for that times may mend, and that an Ame- rican must always be a stranger in France, but that Great Britain may for ages to come be their home/' marks the goodness of your heart, your regard for us, and love of your country. But when your nation is hiring all the cut- throats it can collect of all countries and colours to de- stroy us, it is hard to persuade us not to ask or accept aid from any power that may be prevailed with to grant it ; and this only from the hope that though you now thirst for our blood and pursue us with fire and sword, you may in some future time treat us kindly. This is too much patience to be expected of us ; indeed I think it is not in human nature. The Americans are received and treated here in France with a cordiality, a respect and affection they never experienced in England when they most de- served it ; and which is now (after all the pains taken to exasperate the English against them, and render them odious as well as contemptible) less to be expected there than ever. And I cannot see why we may not, upon an alliance, hope for a continuance of it, at least of as much as the Swiss enjoy, with whom France has maintained a faithful friendship for two hundred years past, and whose people appear to live here in as much esteem as the na- 10 PRIVATE CORRESPONDENCE PART II J. tives. America has been forced and driven into the arms of France. 1 She was a dutiful and virtuous daughter. A cruel mother-in-law turned her out of doors, defamed her, and sought her life. All the world knows her innocence and takes her part ; and her friends hope soon to see her honourably married. They can never persuade her return and submission to so barbarous an enemy. In her future prosperity, if she forgets and forgives, 'tis all that can be reasonably expected of her. 1 believe she will make as good and useful a wife as she did a daughter, that her husband will love and honour her, and that the family from which she was so wickedly expelled, will long regret the loss of her. I know not whether a peace with us is desired in Eng- land. I I'ather think it is not at present, unless on the old impossible terms of submission and receiving pardon. Whenever you shall be disposed to make peace upon equal and reasonable terms, you will find little difficulty if you get first an honest ministry. The present have all along acted so deceitfully and treacherously as well as inhumanly towards the Americans, that I imagine, the absolute want of all confidence in them, will make a treaty at present between them and the Congress impracticable. The subscription for the prisoners will have excellent effects in favour of England and Englishmen. The Scotch subscriptions for raising troops to destroy us, though amounting to much greater sums, will not do their nation half so much good. If you have an opportunity I 1 The Treaty of Commerce and that of eventual alliance with France had both been signed six days prior to the date of this letter, though the fact was then kept secret. PART III. OF BENJAMIN FRANKLIN. 11 wish you would express our respectful acknowledgments and thanks to your Committee and contributors, whose benefactions will make our poor, people as comfortable as their situation can permit. Adieu, my dear friend. Ac- cept my thanks for the excellent papers you inclosed to me. Your endeavours for peace, though unsuccessful, will always be a comfort to you, and in time when this mad war shall be universally execrated, will be a solid addition to your reputation. I am ever with the highest esteem, &c. * ?,nri P. S. An old friend of mine, Mr. Hutton, a chief of the Moravians, who is often at the Queen's palace, and is sometimes spoken to by the King, was over here lately. He pretended to no commission, but urged nw much to propose some terms of peace, which I avoided. He has wrote to me since his return, pressing the same thing, and expressing with some confidence his opinion that we might have every thing short of absolute independence, &c. Inclosed I send my answers ; open, that you may read them, and if you please copy before you deliver or forward them. 1 They will serve to show you more fully my sentiments, though they serve no other purpose. To D. Hartley, Esq. M. P, m gj^ite Dear Sir, Passy, Feb. 26, 1778. I received yours of the 1 8th and 20th of this month, with Lord North's proposed bills. The more I see of the ideas and projects of your ministry, and 1 See the two preceding letters. linuodi t 33«df 12 PRIVATE CORRESPONDENCE PART III. their little arts and schemes of amusing and dividing us, the more I admire the prudent, manly, and magnanimous propositions contained in your intended motion for an address to the King. What reliance can we have on an act expressing itself to be only a declaration of the inten- tion of parliament concerning the exercise of the right of imposing taxes in America, when in the bill itself, as well as in the title, a right is supposed and claimed which never existed ; and a present intention only is declared not to use it, which may be changed by another act next session, with a preamble that this intention being found inexpedient, it is thought proper to repeal this act and re- sume the exercise of the right in its full extent. If any solid permanent benefit was intended by this, why is it confined fo the colonies of North America, and not ex- tended to the loyal ones in the sugar islands ? But it is now needless to criticise, as all acts that suppose your future government of the colonies can be no longer signi*> ficant. In the act for appointing commissioners instead of full powers to agree upon terms of peace and friendship, with a promise of ratifying such treaty as they shall make in pursuance of those powers ; it is declared that their agree-* inents shall have no force nor effect, nor be carried into execution till approved of by parliament ; so that every thing of importance will be uncertain. But they are al- lowed to proclaim a cessation of arms, and revoke their proclamation as soon as in consequence of it our militia have been allowed to go home : they may suspend the operation of acts prohibiting trade, and take off that sus- pension when our merchants in consequence of it have been induced to send their ships to sea ; in short, they t>ART III. OF BENJAMIN FRANKLIN. f§ may do every thing that can have a tendency to divide and distract us, but nothing that can afford us security* In- deed, Sir, your ministers do not know us. We may not be quite so cunning as they, but we have really more sense, as well as more courage than they have ever been willing to give us credit for ; and I am persuaded these acts will rather obstruct peace than promote it, and that they will not answer in America the mischievous and ma- levolent ends for which they were intended. In England they may indeed amuse the public creditors, give hopes and expectations that shall be of some present use, and continue the mis-managers a little longer in their places. Voila tout ! In return for your repeated advice to us not to conclude any treaty with the House of Bourbon, permit me to give (through you) a little advice to the Whigs in England. Let nothing induce them to join with the Tories in sup- porting and continuing this wicked war against the Whigs of America, whose assistance they may hereafter want to secure their own liberties ; or whose country they may be glad to retire to for the enjoyment of them. If peace by a treaty with America upon equal terms, were really desired, your Commissioners need not go there for it, supposing, as by the bill they are empowered " to treat with such person or persons as in their wisdom and discretion they shall think meet," they should happen to conceive that the Commissioners of the Congress at Paris might be included in that description. I am ever, dear Sir, &c. B. Franklin. P. S. Seriously, on farther thoughts, I am of opinion, that if wise and honest men, such as Sir George Saville, 14 PRIVATE CORRESPONDENCE PART III. the Bishop of St. Asaph, 1 and yourself, were to come over here immediately with powers to treat, you might not onlv obtaiu peace with America, but prevent a war with France. To Mr. Hutton. Passy, March 24, 1778. My dear old friend was in the right not " to call in question the sincerity of my words, where I say, February 12, we can treat if any propositions are made to us." They were true then, and are so still, if Britain has not declared war with France ; for in that case we shall undoubtedly think ourselves obliged to con- tinue the war as long as she does. But methinks you should have taken us at our word, and have sent imme- diately your propositions in order to prevent such a war, if you did not chuse it. Still I conceive it would be well to do it, if you have not already rashly begun the war. Assure yourself nobody more sincerely wishes perpetual peace among men than I do ; but there is a prior wish that they would be equitable and just, otherwise such peace is not possible, and indeed wicked men have no right to expect it. Adieu ! I am ever yours most affec- tionately, B. Franklin. Note from William Pultney, Esq. M. P. (under the assumed name of Williams.) Mr. Williams returned this morning to Paris, and will be glad to see Dr. Franklin, whenever it is convenient for the Doctor, at the Hotel Frasiliere, Rue Tournou. It is near the hotel where he lodged when the Doctor saw him a fortnight ago. He does not propose • Dr. Shipley. PART 111. OF BENJAMIN FRANKLIN. 15 to o-o abroad, and therefore the Doctor will find him at any hour. He understands that Mr. Alexander is not yet returned from Dijon, which he regrets. Sunday Morning, March 29, 1778. [The following Letter to Mr. Pultney, was not sent, but contains what teas said in a Conversation Dr. Frank- lin had with him in Paris.] To William Pultney, Esq. Sir, Passy, March 30, 1778. When I first had the honour of conversing with you on the subject of peace, I mentioned it as my opinion that every proposition which implied our volun- tarily agreeing to return to a dependence on Britain was now become impossible ; that a peace on equal terms undoubtedly might be made ; aud that though we had no particular powers to treat of peace with England, we had general powers to make treaties of peace, amity, and com- merce, with any state in Europe, by which I thought we might be authorized to treat with Britain ; who, if sin- cerely disposed to peace, might save time and much blood- shed by treating with us directly. I also gave it as my opinion, that in the treaty to be made, Britain should endeavour bv the fairness and gene- rosity of the terms she offered, to recover the esteem, confidence, and affection of America, without which the peace could not be so beneficial, as it was not likely to be lasting. In this I had the pleasure to find you of my opinion. But I see by the propositions you have communicated to me, that the ministers cannot yet divest themselves of 16 PRIVATE CORRESPONDENCE PART III. the idea, that the power of parliament over us is constitu- tionally absolute and unlimited ; and that the limitations they may be willing now to put to it by treaty, are so many favours, or so many benefits for which we are to make compensation. As our opinions in America are totally different, * treaty on the terms proposed, appears to me utterly im- practicable either here or there. Here we certainly can- not make it, having not the smallest authority to make even the declaration specified in the proposed letter, with- out which, if I understood you right, treating with us can- not be commenced. I sincerely wish as much for peace as you do, and I have enough remaining of good will for England to wish it for her sake as well as for our own, and for the sake of humanity. In the present state of things, the proper means of obtaining it, in my opinion, are to acknowledge the independence of the United States, and then enter at once into a treaty with us for a suspension of arms, with the usual provisions relating to distances ; and another for establishing peace, friendship, and commerce, such as France has made. This might prevent a war between you and that kingdom, which in the present circumstances and temper of the two nations an accident may bring on every day, though contrary to the interest and without the pre- vious intention of either. Such a treaty we might pro- bably now make with the approbation of our friends ; but if you go to war with them on account of their friendship for us, we arc bound by ties, stronger than can be formed by any treaty, to fight against you with them, as long as the war against them shall continue. May God at last grant that wisdom to your national PART III. pF BENJAMIN FRANKLIN.; 17 councils, which he seems long to have denied them, and which only sincere, just, and humane intentions can merit or expect. With great personal esteem, I have the ho- nour to be, Sir, &c. . B. Franklin. From Wm. Alexander, Esq. to Dr. Franklin. My Dear Sir, Upon a night's reflection it is thought right that you be possessed of the inclosed, 1 to be afterwards returned without taking copy, in case no business be done. Will you let me know by the bearer, if we are to see you in town to-day, and when, that I may be at hand ? Saturday morning, April 4, 1778. To Dr. Bancroft,* F. R. S. London. Dear Sir, Passy, April If), 1778. I wish you would assure our friend, that Dr. Franklin never gave any such expectations to Mr. Pult- ney. On the contrary, he told him that the Commis- sioners could not succeed in their mission, whether they went to recover the dependence or to divide. His opinion is confirmed by the inclosed resolves, which perhaps it may not be. amiss to publish in England. Please to send me the newspaper. Yours affectionately, ■•>,*-»-' B. Franklin. 1 Some proposals on the part of the British ministry, even- tually disapproved of by Dr. Franklin, and returned. * An American gentleman of great worth and abilities ; an intimate and much respected friend of Dr. Franklin's, to whom the United States are greatly indebted for his exertion and assist- ance in the cause of tneir independence. Vol. II. B 18 PRIVATE CORRESPONDENCE PART III. To His Excellency Joseph Reed, Esq. President of the State of Pennsylvania, Sir, Passy, March 19, 1780.' I have just received the pamphlet you did me the honour to send me by M. Gerard, and have read it with pleasure j not only as the clear state of facts, it does you honour, but as it proves the falsehood of a man, who also showed no regard to truth in what he said of me, a that I approved of the propositions he carried over" The truth is this, his brother, Mr. Pultney, came here with those propositions ; and after stipulating that if I did not approve of them, I should not speak of them to any person, he communicated them to me. I told him frank- ly, on his desiring to know my sentiments, that I did not approve of them, and that I was sure they would n6t be accepted in America. But I said there are two other Commissioners here. I will, if you please, show your propositions to them, and you will hear their opi- nions. I will also show them to the ministry here, with- out whose knowledge and concurrence we can take no step in such affairs. No, said he ; as you do not approve of them, it can answer no purpose to show them to any body else : the reasons that weigh with you will also weigh with them : therefore, I now pray that no mention may be made of my having been here, or my business. To this I agreed, and therefore nothing could be more astonishing to me, than to see in an American newspaper, . , , ■ This letter is inserted here out of its place, as elucidating tiie foregoing one. FA*T ELI. QF BENJAMIN FRANKLIN, 19 that direct lie, in a letter from Mr. Johnstone, joined with two other falsehoods, relating to the time of the treaty, and to the opinion of Spain ! In proof of the above, I inclose a certificate of a friend of Mr. Pultney's, the only person present at our inter- view ; and I do it the rather at this time, because I am informed that another calumniator (the same who for- merly in his private letters to particular members, accused you, with Messrs. Jay, Duanes, Langdon, and Harrison, of betraying the secrets of Congress in a correspondence with the ministry) has made this transaction with Mr. Pultney, an article of accusation against me, as having approved the same propositions. He proposes, I under- stand, to settle in your government. I caution you to beware of him ; for in sowing suspicions and jealousies, in creating misunderstandings and quarrels among friends, in malice, subtilty, and indefatigable industry, he has, I think, no equal. I am glad to see that you continue to preside in our new State, as it shows that your public conduct is . ap- proved by the people. You have had a difficult time, which required abundance of prudence ; and you have been equal to the occasion. The disputes about the con- stitution seem to have subsided. It is much admired here and all over Europe, and will draw over many fami- lies of fortune to settle under it, as soon as there is a peace. The defects that may on seven years' trial be found in it, can be amended, when the time comes for considering them. With great and sincere esteem and respect, I have the honour to be, &c. B. Fbanklin. 20 PRIVATE CORRESPONDENCE PART III. {Inclosed in the foregoing.) I do hereby certify whom it may concern, that I was with Mr. Pultney and Dr. Franklin at Paris, when in a conversation between them on the subject of certain pro- positions for a reconciliation with America, offered by Mr. Pultney, Dr. Franklin said he did not approve of them, nor did he think they would be approved in Ame- rica, but that he would communicate them to his col- leagues and the French ministry. This Mr. Pultney opposed, saying, that it would answer no good end, as he was persuaded that what weighed with Dr. Franklin would weigh also with them ; and therefore desired that no mention might be made of his having offered such pro- positions, or even of his having been here, on such busi- ness ; but that the whole might be buried in oblivion, agreeable to what had been stipulated by Mr. Pultney, and agreed to by Dr. Franklin, before the propositions were produced, which Dr. Franklin accordingly promised. Paris, March 19, 1780 (Signed) William Alexander. To Dr. Franklin, Passy. ,^-Dear Sir, I send you adjoined, the certificate you de- sire ; and am perfectly convinced from conversations I have since had with Mr. Pultney, that nobody was autho- rized to hold the language which has been imputed to him on that subject ; and as I have a high opinion of, his candour and worth, I know it must be painful to him to be brought into question in matters of fact with persons PART III. OF BENJAMIN FRANKLIN. 21 he esteems. I could wish that this matter may receive no farther publicity than what is necessary for your justifi- cation. I am, &c. W.Alexander. To Count de Vergennes, Minister for Foreign Affairs, Versailles. Sir, P 'assy, April 24, 1778. Mr. Hartley, member of parliament, an old acquaintance of mine, arrived here from London on Sun- day last. He is generally in the opposition, especially on American questions, but has some respect for Lord .North. In conversation he expressed the strongest anx- iety for peace with America, and appeared extremely desirous to know my sentiments of the terms which might probably be acceptable if offered ; whether America would not, to obtain peace, grant some superior advantages in trade to Britain, and enter into ah alliance offensive and defensive ; whether, if war should be declared against France, we had obliged ourselves by treaty to join with her against England. My answers have been, That the United States were not fond of war, and with the advice of their friends would probably be easily prevailed with to make peace on equitable terms, but we had ho terms committed to us to propose, and I did not chuse to «>en- tion any. That Britain having injured us heavily by mak- ing this unjust war upon us, might think herself well off, if on reparation of those injuries, we admitted her to equal advantages with other nations in commerce ; but certainly she had no reason to expect superior. That her known fondness for war, and the many instances of her readiness to engage in wars on frivolous occasions, were probably sufficient to cause an immediate rejection of 22 PRIVATE CORRESPONDENCE PART III. every proposition for an offensive alliance with her. And that if she made war against France on our account, a peace with us at the same time was impossible ; for that having met with friendship from that generous nation when we were cruelly oppressed by England, we were under ties stronger than treaties could form, to make common cause, which we should certainly do to the ut- most of our power. Here has also been with me a Mr. Chapman, who says he is a member of the parliament of Ireland, on his way home from Nice, where he had been for thef recovery of his health. He pretended to call on me only from motives of respect for my character, &c. But after a few compliments he entered on a similar dis- course, urging much to know what terms would satisfy America, and whether on having peace and independence granted to us, we should not be willing to submit to the Navigation Act, or give equivalent privileges in trade to Britain. The purport of my answer to him was, in short, that peace was of equal value to England as to us, and independence we were already in possession of: that therefore England's offer to grant them to us, could not be considered as proposing any favour, or as giving her a right to expect peculiar advantages in commerce. By his importunity I found his visit was not so occasional as he represented it : and from some expressions I conjectured he might be sent by Lord Shelburne, to sound me, and collect some information. On the whole, I gather from these conversations, that the opposition, as well as the ministry, are perplexed with the present situation of affairs, and know not which way to turn themselves, whe- ther it is best to go backward or forward, or what steps FART III, OF BENJAMIN FRANKLIN, 23 to take to extricate that nation from its present dangerous situation. I thought it right to give your Excellency an account of these interviews, and to acquaint you with my intention of avoiding such hereafter, as I see but little prospect of utility in them, and think they are very liable to hurtful misrepresentations. By advices from London we learn, that a fleet for Quebec, with goods valued at 500,000/. sterling, is to sail about the end of this month under convoy only of a single frigate of thirty guns, in which is to go Governor Haldimand. Inclosed I send a paper I have just received from Lon- don. It is not subscribed by any name, but I know the hand. It is from an old friend of general and great acquaintance, and marks strongly the present distress and despair of considerate people in England. I have the honour to be, with the greatest respect, your Excellency's, &c. B. Franklin. ' From Count de Vergennes to Dr. Franklin. M £■*$( tfe M • • A Versailles, April $5, 1778, ,, J'ai rendu compte au Roi, Monsieur, du contenu de la lettre que vous m'avez fait l'honneur de m'ecrire hier, et sa majesty me charge de vous temoigner toute sa satisfaction de votre empressement a nous in~ former de l'objet de vos conferences avec M. Hartley. Le grand art de 1'Angleterre fut toujours de chercher a\ diviser, e'est un bon moyen en effet pour s'assurer l'em- pire ; mais ce nest ni aupres de vous m* aupres de vos collegues qu'il peut etre employe avec succes ; je porte 24 PRIVATE CORRESPONDENCE PART 111, avec confiance le m&me jugement des Etats-Unis. Au reste il n'est pas . possible, Monsieur, de repondre avec plus de noblesse, de franchise et de fermete que vous l'avez fait a M. Hartley : il n'a pas lieu d'etre content de sa mission. J 'ignore si ce membre du parlement en a une pour nous ; il desire de me voir, et je Fattens dans la matinee. Je ne serois pas surpris qu'il ne se proposat de semer la defiance entre nous en introduisant une double n6gociation, mais je saurai y obvier, et vous sefez instruit de ce qui se passera eutre nous pour pen qu'il y ait quelque chose d'interessant. J'ai l'honneur d'etre avec une tres parfaite considera- tion, Monsieur, votre tres humble et ties obeissant servi- teur, De Vergen.nes. To Dp. Franklin, Passy. D e a r S i r, Pa ris> April 29, 1778. J will take care of all your commissions. This moment a second packet of infinite value is received, which I shall cherish as a mark of affection from you. I opened the letter by mistake which came with it, and soon saw it was not for me. 1 hope you will excuse it. I chuse rather to throw myself upon your goodness for the excuse, than any thing else. I shall not set out till be- tween one and two ; therefore if you will be so good as to send me another copy, I will take care of it and deliver it safely. God bless you, my dear friend. No exertion or en- deavour on my part shall be wanting, that we may some time or other meet again in peace. Your powers are in- finitely more influential than mine. To those powers I PART III. OF BENJAMIN FRANKLIN. 25 trust my last hopes. I will conclude, blessed are the peace-makers ! Your affectionate friend, D. Hartley. If tempestuous times should come, take care of your own safety : events are uncertain, and men may be capri- cious. Yours, &c. D. H. infflfttf irfir Answer. I thank you for your kind caution, but hav- ing nearly finished a long life, I set but little value on what remains of it. Like a draper, when one chaffers with him for a remnant, I am ready to say, " -As it is only the fag-end, I will not differ with you about it, take it for what you please." Perhaps the best use such an old fel- low can be put to, is to make a martyr of him. B. F. Endorsement on the Note following it. " An anonymous letter delivered to me at nine in the " evening May 20, 78. It seems intended to draw me out w into those gardens for some bad purpose ; as the person u who pretended to have such urgent business with me has " never since appeared ; though (refusing to go out at that " time of ?iight), 1 appointed the next day at 11 o'clock" B. Franklin. Une personne qui auroit quelque chose de tres intSressant et press£ a vous communiquer, desireroit, Monsieur, que vous vouiussiez bien lui donner un mo- ment pour lui procurer l'agiement de s'entretenir avec vous sur ce dont il s'agit. L'on sait que vous venez quelquefois an jardin des 26 PRIVATE CORRESPONDENCE PART III. eaux,* et comme l'on ne veut etre appercu d'aucun de vos gens (et que Ton a des raisons tres fortes pour cela), Ton s'est transports ici tout expres de Paris, dans l'espoir que Ton aura l'avantage de vous voir et de vous parler d'objet d'autant plus important qu'il concerne des personnes dis- tinguees. -iiwr -Answer to a Letter from Brussels. Sir, Passy, July 1, 1778. I received your letter dated at Brussels the 16th past. My vanity might possibly be flattered by your expres- sions of compliment to my understanding, if your propo- sals did not more clearly manifest a mean opinion Of it. You conjure me in the name of the omniscient and just God before whom I must appear, and by my hopes of fu- ture fame, to consider if some expedient cannot be found to put a stop to the desolation of America, and prevent the miseries of a general war. As I am conscious of hav- ing taken every step in my power to prevent the breach and no one to widen it ; I can appear cheerfully before that God, fearing nothing from his justice in this particu- lar, though I have much occasion for his mercy in many others. As to my future fame I am content to rest it on my past and present conduct, without seeking an addition to it in the crooked, dark paths you propose to me, where I should most certainly lose it. This your solemn address would therefore have been more properly made to your sovereign and his venal parliament. He and they who wickedly began and madly continue a war for the desola- 1 So called as containing the spring of the mineral waters of PASSY. , not attempt to exercise it. That this pretended right is indisputable, as you say, we utterly deny. PART 111. OF BENJAMIN FRANKLIN. 29 Your parliament never had a right to govern us, and your King has forfeited it by his bloody tyranny. But I thank you for letting me know a little of your mind, that even if the parliament should acknowledge our independency, the act would not be binding to posterity, and that your nation would resume and prosecute the claim as soon as they found it convenient from the influence of your passions, and your present malice against us. We suspected before, that you would not be actually bound by your conciliatory acts longer than till they had served their purpose of in- ducing us to disband our forces, but we were not certain that you were knaves by principle, and that we ought not to have the least confidence in your offers, promises or treaties, though confirmed by parliament. I now indeed recollect my being informed long since, when in England, that a certain very great personage, then young, studied much a certain book entitled Arcana imperii. I had the curiosity to procure the book and read it. There are sen- sible and good things in it, but some bad ones ; for if I remember right, a particular king is applauded for his poli- tically exciting a rebellion among his subjects at a time when they had not strength to support it, that he might in subduing them take away their privileges which were troublesome to him : and a question is formally stated and discussed, " Whether a prince, who to appease a revolt, makes promises of indemnity to the revo/ters, is obliged to fulfil those promises f" Honest and good men would say aye : but this politician says, as you say, — no. And he gives this pretty reason, that though it was right to make the promises, because otherwise revolt would not be sup- pressed ; yet it would be wrong to keep them, because revolters ought to be punished to deter future revolts. If '> ,9idfifrjqgfbnf ?j tri^i b 30 PRIVATE CORRESPONDENCE PART 111. these aire the principles of your nation, no confidence cao be placed in you, it is in vain to treat with you, and the wars can only end in being reduced to an utter inability of continuing them. One main drift of your letter seems to be to impress me with an idea of your own impartiality, by just censures of your ministers and measures, and to draw from me pro- positions of peace, or approbations of those you have en- closed me, which you intimate may by your means be con- veyed to the king directly without the intervention of those ministers. Would you have me give them to, or drop them for a stranger I may find next Monday in the church of Notre Dame, to be known by a rose in his hat? You yourself, Sir, are quite unknown to me, you have not trusted me with your name. Our taking the least step to- wards a treaty with England through you, might, if you are an enemy, be made use of to ruin us with our new and good friends. I may be indiscreet enough in many things ; but certainly if I were disposed to make proposi- tions (which I cannot do, having none committed to me to make) I should never think of delivering them to the Lord knows who, to be carried to the Lord knows where ; to serve no one knows what purposes. Being at this time one of the most remarkable figures in Paris, even my ap- pearance in the church of Notre Dame, where I cannot have any conceivable business, and especially being seen to leave or drop any letter to any person there, would be a matter of some speculation, and might from the suspicions it must naturally give, have very mischievous consequences to our credit here. The very proposing of a correspon- dence so to be managed, in a manner not necessary where fair dealing is intended, gives just reason to suppose you PART I IT. Of BENJAMIN FRANKLIK. 31 intend the contrary. Besides, as your court has sent com- missioners to treat with the congress, with all the powers that would be given them by the crown under the act of parliament, what good purpose can be served by privately obtaining propositions from us ? Before those commis- sioners went, we might have treated in virtue of our gene- ral powers, (with the knowledge, advice, and approbation of our friends) upon any propositions made to us. But under the present circumstances for us to make proposi- tions, while a treaty is supposed to be actually on foot with the congress, would be extremely improper, highly presumptuous with regard to our honourable constituents, and answer no good end whatever. 1 write this letter to you notwithstanding, (which I think I can convey in a less mysterious manner ; and think it may come to your hands ;) I write it because I would let you know our sense of your procedure, which appears as insidious as that of your conciliatory bills. Your true way to obtain peace, if your ministers desire it, is to pro- pose openly to the congress fair and equal terms ; and you may possibly come sooner to a resolution, when you find that personal flatteries, general cajolings, and panegy- rics on our virtue and wisdom are not likely to have the effect you seem to expect, the persuading us to act basely and foolishly in betraying our country and posterity into the hands of our most bitter enemies, giving up or selling of our arms, and warlike stores, dismissing our ships of war and troops, and putting those enemies in possession of our forts and ports. This proposition of delivering ourselves bound and gagged, ready for hanging without even a right to complain, and without a friend to be found afterwards among all mankind, you would have us embrace 32 PRIVATE CORRESPONDENCE PART lit. upon the faith of an act of parliament ! Good God ! an act of your parliament ! ! This demonstrates that you do not yet know us, and that you fancy we do not know you : but it is not merely this flimsy faith that we are to act upon ; you offer us hope, the hope of places, pensions and peerages. These, judging from yourselves, you think are motives irresistible. This offer to corrupt us, Sir, is with me your credential, and convinces me that you are no£ a private volunteer in your application. It bears the stamp of British Court intrigue, and the signature of your King. But think for a moment in what light it must be viewed in America. By places which cannot come among us, for you take care by a special article to keep them to yourselves. We must then pay the salaries in order to enrich ourselves with these places. But you will give us pensions ; probably to be paid too out of your expected American revenue ; and which none of us can accept without deserving and perhaps obtaining a suspen- sion. Peerages! alas! Sir, our long observation of the vast servile majority of your peers voting constantly for every measure proposed by a minister, however weak or wicked, leaves us small respect for them, and we con- sider it as a sort of tar-and-feathei honour, or a mixture of foulness and folly ; which every man among us who should accept from your King would be obliged to re- nounce or exchange for that conferred by the mobs of their own country, or wear it with everlasting shame. I am, Sir, your humble servant, B. Franklin. PART III. OF BENJAMIN FRANKLIN. 8$ Letter in answer to the Propositions of quitting the Alliance with France, Supposed to be t > David Hartley, Esq. Dear Sir, Passy, Feb. 3, 1779- I have just received your favour of the 23d past, in which you mention, " that the alliance be- tween France and America is the great stumbling block, in the way of making peace ;* and you go on to observe, that " whatever engagements America may have entered into, they may, at least by the consent of parties, be relin- quished, for the purpose of removing so material an ob- stacle to any general treaty of free and unengaged parties." Adding that " if the parties could meet for the sake of peace upon free and open ground, you should think that a very fair proposition to be offered to the people of Eng- land, and an equitable proposition in itself.'' The long, steady, and kind regard you have shewn for the welfare of America by the whole tenor of your conduct in parliament, satisfies me, that this proposition never took its rise with you, but has been suggested from some other quarter ; and that your excess of humanity, your love of peace, and your fear for us that the destruction we are threatened with, will certainly be effected, have thrown a mist before your eyes v\hich hindered you from seeing the malignity and mischief of it. We know that your K. hates Whigs and Presbyterians; that lie thirsts for our blood; of which he has already drunk large draughts ; that weak and unprincipled ministers are ready to execute the wickedest of his orders, and his venal parliament equally ready to vote them just. Not the smallest appearance of a reason can be imagined capable of inducing us to think of relin- Vol. n. C 34 PRIVATE CORRESPONDENCE PART III. quishing a solid alliance with one of the most amiable as well as most powerful princes of Europe, for the expectation of unknown terms of peace to be afterwards offered to us by such a government. A government that has already shamefully broken all the compacts it ever made with us. This is Worse than advising us to drop the substance for the shadow. The dog after he found his mistake might possibly have recovered his mutton ; but we could never hope to be trusted again by France, or indeed by any other nation under heaven. Nor does there appear any more necessity for dissolving an alliance with France before you can treat with us, than there would of dissolving your al- liance with Holland, or your union with Scotland before we could treat with you. Ours is therefore no material obstacle to a treaty as you suppose it to be. Had Lord North been the author of such a proposition, all the world would have said it was insidious, and meant only to de- ceive and divide us from our friends, and then to ruin us : supposing our fears might be strong enough to procure an acceptance of it. But thanks to God that is not the case ! We have long since settled all the account in our own minds. We know the worst you can do to us, if you have your wish, is to confiscate our estates and take our lives, to rob and murder us ; and this you have seen we are ready to hazard, rather than come again under your detested government. You must observe, my dear friend, that I am a little warm. Excuse me! 'Tis over. Only let me counsel you not to think of being sent hither on so fruitless an errand as that of making such a proposition. It puts me in mind of the comic farce intitled God-send, or the Wreckers. You may have forgotten it ; but I will endeavour to amuse you by recollecting a little of it. PART III. OF BENJAMIN FRANKLIN. 35 Scene. Mount's Bay. A ship riding at anchor in a great storm. A lee shore full of rocks, and lined with peo- ple, furnished with axes and carriages to cut up wrecks, knock the sailors on the head, and carry off the plunder ; according to custom. 1st Wrecker. This ship rides it out longer than I ex- pected. She must have good ground tackle. 26? Wrecker. We had better send off a boat to her, and persuade her to take a pilot, who can afterwards run her a- shore where we can best come at her. 3d Wrecker. I doubt whether the boat can live in this sea. But if there are any brave fellows willing to hazard themselves for the good of the public, and a double share — let them say Aye. Several Wreckers. I, I, 1, I. The boat goes off, and comes under the ship's stem. Spokesman. So ho, the ship, ahoa ! Captain. Hulloa. Sp. Would you have a pilot r* Capt. No, no! Sp. It blows hard, and you are in danger. Capt. I know it. Sp. Will you buy a better cable ? we have one in the boat here. Capt. What do you ask for it ? Sp. Cut that you have, and then we'll talk about the price of this. Capt . I shall do no such foolish thing. I have lived in your parish formerly, and know the heads 6f ye too well to" Trust ye : keep off from my cable there; I see you have a mind to cut it yourselves. If you go any nearer to it, I'll fire into you and sink you. Sp. It is a damn'd rotten French cable, and will part 36 PRIVATE CORRESPONDENCE PART iU. of itself in half an hour. Where will you be then, Cap- tain ? you had better take our offer. Capt. You offer nothing, you rogues, but treachery and mischief. My cable is good and strong, and will hold long enough to baulk all your projects. Sp. You talk unkindly, Captain, to people who came here only for your good. Capt. I know you come for all our goods, but, by God's help, you shall have none of them. You shall not serve us as you did the Indiamen. Sp. Come, my lads, let's be gone. This fellow is not so great a fool as we took him to be. ******* fmvo To David Hartley, Esq. Dear Sir, Passy, Feb. 22, 1779. I received your proposition for re- moving the stumbling-block. Your constant desires of peace ought to endear you to both sides ; but this propo- sition seems to be naturally impracticable. We can never think of quitting a solid alliance made and ratified, in or- der to be in a state for receiving unknown proposals of peace which may vanish in the discussion. The truth is we have no kind of faith in your government, which ap- pears to us as insidious and deceitful as it is unjust and cruel. Its character is that of the spider in Thompson, cunning and fierce, Mixture abhorred I Besides we cannot see the necessity of our relinquishing our alliance with France in order to a treaty, any more FART III. OF BENJAMIN FEANKLl?*. 37 than of your relinquishing yours with Holland. I am, very affectionately, yours, N. A/ To David Habtley, Es$>. M. P. Dear Sir, Passy, March fa, 1779- I received duly yours of the 2d instant. I am sorry you have had so much trouble in the affair of the prisoners. You have been deceived as well as we. No cartel ship has yet appeared, and it is now evident that the delays have been of design, to give more opportunity of seducing the men by promises and hardships to seek their liberty in engaging against their country. For we learn from those who have escaped, that there are persons con- tinually employed in cajoling and menacing them, repre- senting to them that we neglect them, that your govern- ment is willing to exchange them, and that it is our fault it is not done : that all the news from America is bad on their side ; we shall be conquered and they will be hanged, if they do not accept the gracious offer of being pardoned on condition of serving the King, &c. A great part of your prisoners have been kept these six months on board a ship in Brest Road ready to be delivered : where I am afraid they were not so comfortably accommodated as they might have been in the French prisons. They are new ordered on shore. Doctor Bancroft has received your letter here. He did not go to Calais. 2 1 North America. a It had been intended that Dr. Bancroft should proceed to Eng- land with a power from Dr. Franklin to negotiate an exchange of prisoners, but some difficulty having arisen, of which Mr. Hartley's letter contained an intimation, that journey did not take place. S8 PRIVATE CORRESPONDENCE PART ill. . Knowing how earnestly and constantly yon wish for peace, I cannot end a letter to you without dropping a word on that subject, to mark that my wishes are still in unison with } r ours. After the barbarities your nation has exercised against us, I am almost ashamed to own that I feel sometimes for her misfortunes and her insanities. Your veins are open, and your best blood continually run- ning. You have now got a little army into Georgia, and are triumphing in that success. Do you expect ever to see that army again ? I know not what General Lincoln or General Thompson may be able to effect against them ; but if they stay through the summer in that climate, there is a certain General Fever that I apprehend will give a good account of most of them. Perhaps you comfort yourselves that our loss of blood is as great as yours. But as physicians say, there is a great difference in the fa- cility of repairing that loss, between an old body and a young one. America adds to her numbers annually 150,000 souls. She therefore grows faster than you can diminish her, and will out-grow all the mischief you can do her. Have you the same prospects ? But it is unneces- sary for me to represent to you, or you to me, the mischiefs each nation is subjected to by the war : we all see clear enough the nonsense of continuing it ; the difficulty is where to find sense enough to put an end to it. Adieu, my dear friend, and believe me, &c. B. Franklin. From David Hartley, Esq. to Dr. Franklin. > nc My Dear Friend, London, April (22, 1779. The bearer of this and some other pa- pers (Mr. ) is a very sensible and worthy gentleman, PART III. OF BENJAMIN FRANKLIN. 39 with whom I had the pleasure of contracting an acquain- tance since the commencement of the American trouble*, originally upon the business of the American prisoners. It is a satisfaction to me at all times to have found him a friend to the restoration of peace between the two countries. It has likewise been an additional satisfaction and confirma- tion to me in my own thoughts upon that subject, to find that his sentiments, I think upon most, or all of the sub- jects upon which we have conversed, have coincided with mine. We both seem possessed of the opinion, that some plan of opening a negotiation, upon preliminaries, which each side might find to be a sufficient security to itself, might be practicable : and then, your sentiment, which you gave me in a letter some years ago, might have its free scope and effect, viz. A little time given for cooling might have excellent effects. The sentiments I have opened to you in my late letters for some months past, and which I have reduced in an in- closed paper, into a more specific shape, seem to me, upon very repeated reflection, to promise the fairest ground of good expectation. These propositions originate from my- self, as a mediator: I have communications with both sides, but no authority to make proposals from either ; and perhaps neither side, if 1 were to put the propositions separately to each (being myself unauthorized) might give me positive consent. Each side separately might say No, from what is called political prudence ; and yet each side might secretly wish that the offer could be made, with a done first from the other party. I think the proposition of a truce for five or seven years, leaving all things in the present dispute in statu quo, must be advantageous to all parties, if it were, only in consideration that a general satis- 40 PRIVATE CORRESPONDENCE PART 111, factory peace to all parties may come among the excellent effects of time given for cooling. We can but fight it out at last. War never comes too late ; wisdom m»y step in between. These matters have stolen upon us, and have arisen to great and formidable consequences from small and unexpected beginnings ; but henceforward, we should know by experience what to expect. If the rage of war could but be abated, for a sufficient length of time for reason and reflection to operate, I think it would never revive. I cannot pretend to forecast the result of any negociation, but I think war would not revive ; which is all that I want for my argument. Peace is a bonum in &e ; whereas the most favourable events of war are ; but relatively, lesser evils : certainly they are evils : main, in se y not bona in se. I hope that a cessation of hostilities would produce a renewal of reflection ; but even to take the argument at the worst advantage, the two parties are at a cooling dis- tance of three thousand miles asunder. If the flames of war could be but once extinguished, does not the Atlantic ocean contain cold water enough to prevent their bursting out again ? I am very strongly of opinion that the two nations of Great Britain and North America, would accord to the proposition of a truce for cooling. I cannot say whether a British ministry would accord to it, because they wont tell me : nor can I say whether an American plenipotentiary would accord to it, because probably you will not tell me. I put myself into your hands however, when I tell you frankly I am of opinion that both would accord to it, if there could be a done first on either side, to bind the bargain first. You have the odds of me in this matter, because you know one half of the question ; PART 111. OF BENJAMIN FRANKLIN. drive the British ministry totally to abandon the American war, it would become totally a French war. The events of a twelvemonth past seem to bear testimony to this course of reasoning. The disadvantage upon the bargain, to America, is, that the efficacy of the French alliance to them presupposes their continuance in the war. The demur to FVance is, that the liberation of their new ally recoils with double weight of the war upon themselves, without any ulterior points of advantage in view, as de- pendent upon that alliance. I think the interest of all parties coincides with the proposition of preliminaries. The proposed preliminaries appear to me to be just and equitable to all parties ; but the great object with me is to come to some -preliminaries ; I could almost add, what- ever those preliminaries 1 might be, provided a suspension 42 PRIVATE CORRESPONDENCE PART III. .of arms for an adequate term of years were one, I think it would be ten thousand to one against any future renewal of the war. It; is not necessary to enter at large into the reasons which induce me to think, that the British ministry as well as the American plenipotentiary would consent to the terms of the proposed preliminaries ; for indeed I do not know that I am founded in that opinion with respect to either, but still I believe it of both. But what can a private person do in such a case, wishing to be a mediator for peace, having access to both parties, but equally un- certain of the reception of his mediation on either side ? X must hesitate to take any public step, as by a proposi- tion in parliament, or by any other means to drive the parties to an explanation upon any specific proposals: and yet I am very unwilling to let the session pass without some proposition, upon which the parties may meet, if they should be so inclined, as I suspect them to be, > I have been endeavouring to feel pulses for some months, but all is dumb show. I cannot say indeed that I meet with any thing discouraging, to my apprehension, either as to equitableness or practicability of the proposition for preliminaries. If I could but simply receive sufficient encouragement that I should not run any hazard of ob- structing any other practicable propositions, by obtruding mine, 1 should be very much satisfied to come forward, in: that case, with mine, to furnish a beginning at least which might lead to peace. There is nothing that I wish so much as to have an opportunity of seeing and conversing with you, having many things to say to you ; but if that cannot yet happen, 1 have only to say, that whatever communication you may think proper to make to me which may lead to peace, PART III. OF BENJAMIN FRANKLIN. 43 you may be assured that I shall be most strenuous m applying it to that end. La all cases of difficulty in human life, there must be confidence somewhere to enable us to extricate nations from the evils attendant upon national disputes, as they arise out of national passion*, interests, jealousies, and points of honour. I am not sure whether the extreme caution and diffidenoe of persons in political life, be not the cause almost as frequently of the unnecessary protraction of the miseries of war, as of the final production of any superior good to any state. Peace now is better than peace a twelvemonth hence, at least by all the lives that may be lost in the meanwhile, and by all the accumulated miseries that may intervene by that delay. When I speak of the necessity of confidence, I would not have you to think that I trust to all professions, promiscuously, with confidence : my thoughts are free respecting all parties; and for myself, if I thought it necessary for the end of attaining any additional confidence in your esteem to enable me to co-operate the more effectually towards the restoration of peace, there is nothing that I would wish you to be assured of but this ; that no fallacious offers of insincerity, nor any pretexts for covering secret designs, or for obtaining unfair advantages, shall ever pass through my hands. Believe me truly to be, not only a lover of my country, but a sincere friend to peace, and to the rights of mankind ; and ever most affec- tionately yours, D. Hartley. •Lord North consented to Mr. Hartley's proposition for endeavouring to procure from the American plenipoten- tiary or plenipotentiaries some opening that they would be willing to commence a parley, on propositions of peace 44 PRIVATE CORRESPONDENCE PART 111. between Great Britain and America, and supposed the terms which Mr. Hartley had in view would be something like a tacit cession of independence to America, with a truce for a certain term of years, to serve as a basis for a general treaty of accommodation and final settlement, This last application (which was made on the 20th of April, 1779,) of Mr. Hartley's to Lord North, after several previous conferences on the subject, is the ground of the present confidential communication with Dr. Frank- lin, on the part of Mr. Hartley, who states to Dr. Frank- lin as he did to Lord North, that an auspicious beginning of a negociation is dimidium facti. Mr. Hartley's ideas of the probable course of the nego- ciation, would be to the following effect. Five commissioners (or any three of them) to be ap- pointed on the part of his Britannic Majesty to treat, con- sult, and agree upon the final settlement and pacification of the present troubles, upon safe, honourable, and per- manent terms, subject to ratification by parliament. That any one of the aforesaid commissioners be impower- ed to agree as a preliminary, to a suspension of all hostilities by sea and land, for a certain term of five or seven years. That any one of the aforesaid commissioners be xm- powered to agree as a second preliminary, to suspend the operation and effect of any and all acts of parliament re- specting America, for a certain term of five or seven years. That it is expected, as a third preliminary, that America should be released free and unengaged from any treaties with foreign powers, \yhich may tend to embarrass or de- feat the present proposed negociation. That a general treaty for negociation shall be set on foot as soon as may be after the agreement of the foregoing preliminaries. FART III. OF BENJAMIN FRANKLIN. 45 N. B. A doubt seeming to arise from Lord North relative to the probability of any explanatory communica- tion on the part of Dr. Franklin, Mr. Hartley expressed he thought it possible, that as a known friend to peace, he might be considered by Dr. Franklin a3 a depdt of any communications which may serve from time to time to facilitate the terms of peace : which therefore prevents this communication being considered as any direct over- ture from Lord North to Dr. Franklin, or from Dr. Franklin to Lord North, but as it is, merely a mediatorial proposition of Mr. Hartley as a private person, for the fhirpose of bringing the parties to a parley. - To David Hartley, Eso. M. P. Dear Sir, Pussy, May 4, 1779. I received your several favors, viz. one of April the 10th, one of the 20th, and two of the 22d, all on the same day, but by different conveyances. I need not repeat what we have each of us so often repeated, the wish for peace. I will begin by frankly assuring you, that though 1 think a direct, immediate peace, the best mode of present accommodation for Bri- tain as well as for America, yet if that is not at this time practicable, and a truce is practicable, I should not be against a truce ; but this is merely on motives of general humanity, to obviate the evils men devilishly inflict on men in time of war, and to lessen as much as possible the similarity of earth and hell. For with regard to particular advantages respecting the states I am connected with, I am persuaded it is theirs to continue the war, till England shall be reduced to that perfect impotence of mischief, jniojsi*! ari.t to tj it^jFTs. 3d i&m >;*» no SEifittfir 4fr PRIVATE COflRESPORDENCE PART 111. which alone can prevail with her to let other nations enjoy, »ffl /"»♦ 1m£f 'v*»* XtffS'''- V ' too good an opinion of them. Adieu, my dear friend, &c. «"09» B.Franklin. From David Hartley, Esq. M. P. to Doctor mdmn.' aril Jurf* harii^FRANKLiN. ►#&&$ My dear Friend, London, July 17, 1780. Inclosed 1 send you a copy of a conciliatory bill f which was proposed in the house of commons on 'iOVl. * Draught of a proposed Bill for Conciliation with America. A Bill to invest the Crown with sufficient powers to treat, con- sult, and finally to agree upon the means of restoring peace with the Provinces of North America. Whereas many unfortunate subjects of contest have of late 52 PRIVATE CORRESPONDENCE PART ITT. the 27th of last month. It was rejected. You and I have had so much intercourse upon the subject of restor- years subsisted between Great Britain and the several provinces of North America herein after recited, viz. New Hampshire, Massa- chusetts Bay, Rhode- Island, Connecticut, New-York, New- Jersey, Pennsylvania, the Three lower Counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, which have brought on tbe calamities of war between Great Britain and the aforesaid provinces : to the end therefore that the farther effusion of blood be prevented, and that peace may be restored, may it please your Majesty, that it be enacted, and be it enacted by the King's Most Excellent Majesty, by and with the advice and con- sent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same : that it shall and may be lawful for his Majesty by letters patent, under the great seal of Great Britain, to authorise and empower any person or persons, to treat, consult, and finally to agreejwith any person or persons, properly authorised on the part of the aforesaid provinces of North America, upon the means of restoring peace between Great Britain and the aforesaid provinces, accords ing to the powers in this act contained. And be it further enacted, that in order to facilitate the good purposes of this act, his Majesty may lawfully enable any such person or persons, so appointed by his Majesty's letters patent, as aforesaid, to order and proclaim a cessation of hostilities, on the part of his Majesty's forces by sea and land, for any time, and under any conditions or restrictions. And be it further enacted, that in order to lay a good founda- tion for a cordial reconciliation and lasting peace, between Great Britain and the aforesaid provinces of North America, by restoring an amicable intercourse between the same, as soon as possible, his Majesty may lawfully enable any such prrson or persons, so appointed by his Majesty's letters patent, as aforesaid, to enter into, and to ratify from time to time, any article or articles of in- tercourse and pacification, which article or articles, so entered into and ratified from time to time, shall remain in full force and effect PART III. OF BENJAMIN FRANKLIN. .53 ing peace between Great Britain and America, that I think there is nothing farther left to be said upon the for the certain term of ten years, from the first day of August, one thousand seven hundred and eighty. Provided also, and be it further enacted, by the authority afore- said, that in order to remove any obstructions which may arise to the full and effectual execution of any article or articles of inter- course and pacification, as before mentioned ; that it shall and may be lawful for his Majesty, by any instrument under his sign manual, countersigned by one or more of his Majesty's principal secretaries of state, to authorise and empower any such person or persons, so appointed by his Majesty's letters patent, as aforesaid, to suspend for the term of ten years, from the first day of August, one thousand seven hundred and eighty, the operation and effect of any act or acts of parliament, which are now in force, respect- ing the aforesaid provinces of North America, or any clause or clauses, proviso or provisos, in any such act or acts of parliament contained ; in as much as they, or any of them, may obstruct the full effect and execution of any such article or articles of" inter- course and pacification, which may be entered into and ratified as before mentioned, between Gfeat Britain and the aforesaid pro- vinces of North America. And be it further enacted, that in order to establish perpetual reconcilement and peace, between Great Britain and the afore- said provinces of North America, it is hereby required, and be it enacted, that all or any article or articles of intercourse and paci- fication, which shall be entered into, and ratified, for the certain term often years as before mentioned, shall from time to time be laid before the two houses of parliament, for their consideration, as the perpetual basis of reconcilement and peace, between Great Britain and the aforesaid provinces of North America ; and that any such article or articles of intercourse and pacification as be- fore mentioned, when the same shall have been confirmed in par- liament, shall remain in full force and effect for ever. And be it further enacted, that this act shall continue to be in force until the thirty-first day of December, one thousand seven hundred and eighty-one. 54 PRIVATE CORRESPONDENCE PART III, subject. You will perceive by the general tenor of the bill that it proposes a general power to treat. It chalks out a line of negociation in very general terms. I remain in the sentiments which I ever have,, and which I believe I ever shall entertain, viz. those of seeking peace upon honourable terms. I shall always be ready and most de- sirous to conspire in any measures which may facilitate, peace. I am ever, your most affectionate, D. Hartley, To His Excellency J. Adams, Esq. (Extract.) Passy, April QQ, 1761, " I enclose you extracts of two letters ministerial, found in the same pacquet with the former, written in the fond belief that the States were on the. point of submitting, and cautioning the commissioners for peace not to promise too much respecting the future con- stitutions. They are indeed cautiously worded, but easily understood, when explained by two court maxims or assertions, the one of Lord Granville's, late President of the Council, that the King is the legislator of the colonies ; the other of the present Chancellor, when in the House of Commons, that the Quebec constitution was the only pro- per constitution for colonies, ought to have been given to them all when first planted, and zvhat all ought now to be reduced to. We may hence see the danger of listening to any of their deceitful propositions, though piqued by the negligence of some of those European powers who will be much benefited by our revolution. I have the honour to be, Sir. your most obedient and most humble, servant B. Franklin, PART III. OF BENJAMIN FRANKLIN. 55 P. S. This will be handed to you by Major Jackson, a worthy officer in the service of the States, whom I beg leave to recommend to your civilities. To David Hartley, Esq. Passy, June SO, 1781. I received my dear friend's kind letter of the 15th instant, and immediately communicated your request of a passport to M. le Comte de Vergennes. His answer, which I have but just received, expresses an apprehension that the circumstance of his granting a pass- port to you, as you mention the purpose of your coming to be the discoursing with me on the subject of peace, might, considering your character, occasion many incon- venient reports aud speculations ; but that he would make no difficulty of giving it, if you assured me that you were authorised for such purpose by your ministry, which he does not think at all likely ; otherwise he judges it best that I should not encourage your coming. Thus it seems I cannot have at present the pleasure you were so kind as to propose for me. I can only join with you in earnest wishes for peace, a blessing which I shall hardly live to see. With the greatest esteem aud respect, I am ever, dear Sir, &c. B. Franklin. To jjis Excellency J. Adams, Esq. Amsterdam. (Extract.) Sir, Passy, Oct. 5, 1783. I congratulate your Excellency on your re- covery, I hope this seasoning will be the means of 56 PRIVATE CORRESPONDENCE PART III. securing your future health, by accommodating your con- stitution to the air of that country. Since the letter your Excellency honoured me with of the 25th of August, I have learnt nothing new of the mediation. It seems to be at present in a state of stagna- tion ; any farther proceedings in it that may come to my knowledge, shall be immediately communicated to you. This court appears attentive not only to the interest of the United States, but to their honour. England seems not yet tired enough of the war to think seriously of an accommodation, and till then our new commission will hardly afford us much employment, or make it necessary for us to appoint a secretary in its service ; I send how- ever enclosed, a copy of the minute of congress relating to that appointment. I have not heard of Mr. Dana's arrival at Petersburgh : if your Excellency has received any communicable advices from him, I shall be glad to see them, and to know whether he is likely to continue there. Enclosed is a letter for him, and another for your- self : they appear to me to have been opened ; but they are in the state I received them, under cover from Mr. Nesbit of L'Orient. A letter from America that has been shown me, men- tions a resolution of congress to exchange General Bur- goyne for Mr. Laurens ; but I have never seen that reso- lution. Do you know any thing of it ? I have a letter from Mr. Burke on the subject of that General, which X am at a loss to answer. I have the honour to be, &c. B. Franklin. PART III. OF BENJAMIN FRANKLIN. 57 To his Excellency J. Adams., Esq. Sir, Passy, Oct. 12, 1781. I received the letter your Excellency did me the honour of writing to me the 4th instant. I have never known a peace made, even the most ad- vantageous, that wa3 not censured as inadequate, and the makers condemned as injudicious or corrupt. "Blessed are the peace-makers," is, I suppose, to be understood in the other world, for in this they are frequently cursed. Being as yet rather too much attached to this world, I had therefore no ambition to be concerned in fabricating this peace, and know not how I came to be put into the commission. I esteem it, however, as an honour to be joined with you in so important a business ; and if the execution of it shall happen in my time, which I hardly expect, shall endeavour to assist in discharging the duty according to the best of my judgment. Immediately on receipt of the commission of instruc- tions, [ communicated them as directed, to this court. The steps that have been taken in the mediation, were verbally communicated to me, but as yet I have had no copies given me of the papers, I asked if it was not proper to communicate to the ministers of the mediating powers, the commission of congress empowering us to accept their mediation ; and was advised to postpone it a little. I will endeavour on Tuesday next, to obtain for you a copy of the answer of the British court, which you desire, and will consult on the propriety of mentioning our commission in the public papers. I have heard nothing of Mr. Jefferson. I imagine the story of his being taken prisoner is not true. From his 58 PRIVATE CORRESPONDENCE PART III. original unwillingness to leave America when I was sent hither, I think his coming doubtful, unless he had been made acquainted with and consented to the appointment. 1 hope your health is fully established. I doubt not but you have the advice of skilful physicians, otherwise I should presume to offer mine, which would be, though you find yourself well, to take a few doses of bark, by way of fortifying your constitution, and preventing a return of your fever. With the greatest respect, I have the honour to be, &c. B. Franklin. From Wm. Alexander, Esq. to Dr. Franklin. My dear Sir, Paris, Dec. Id, 1781. I told you last time 1 had the pleasure of seeing you at Passy, that I should make a trip to London, but had no notion it would be so soon. On coming to town last evening, I found such pressing letters that I propose setting off this evening or to-morrow at latest. I would have called if possible to receive your commands, but as I am pinched in time, must content myself with sending for them. The bearer will call for them an hour after receiving this letter. 1 shall probably be interrogated about the dispositions in this country to peace. My own idea is, that you seek only your independence, and that (His country, were that secured, will be moderate in other matters, as the object of the war does not seem to be conquest. Let me know if this is proper language. I notice that a courtly argu- ment has been used in parliament for continuing the con- tinental war, that withdrawing would make you insolent PART III. OF BENJAMIN FRANKLIN. 59 and give France exclusive advantages — were it not proper that this were contradicted flatly ? Any commissions you may have will be taken care of, and I shall be back, barr- ing accidents, in three weeks. Wishing you every thing that is good, I remain with equal esteem and respect, dear Sir, your most obedient humble servant, W, Alexander, Answer to Mr. Alexander. Dear Sir, Passy, Dec. 15, 1781. I thank you for informing me of your in- tended journey. You know so well the prevailing senti- ments here, and mine in particular, that it is unnecessary for me to express them ; and having never been believed on that side the water, it would be useless. I will say however, that 1 think the language you mention very pro- per to be held, as it is the truth ; though the truth may not always be proper. Wishing you a jjood voyage, and happy return to your children, I arn with great esteem, dear Sir, yours, &c. g^c, J5. Franklin. To David Hartley, Esq. M. P. [Sent by Mr. Alexander, with a Pamphlet,] My Dear Friend, Passy, Dec. 15, 1781. I received your favour of September 26, containing your very judicious proposition of securing the spectators in the opera and play-houses from the dan- ger of fire. I communicated it where I thought it might be useful. You will see by the inclosed that the subject lias been under consideration here. Your concern for the 60 PRIVATE CORRESPONDENCE PART III* security of life, even the Jives of your enemies, does ho- nour to your heart and your humanity. But what are the lives of a few idle haunters of play-houses compared with the many thousands of worthy men and honest industrious families butchered and destroyed by this devilish war ! O ! that we could find some happy invention to stop the spreading of the flames, and put an end to so horrid a con- flagration ! Adieu, I am ever, yours most affectionately, B. Franklin. From David Hartley, Esq. to Dr. Franklin. My Dear Friend, London, Jan. 2, 17S2. I have received the favour of yours of the 15th of December by Mr. Alexander. I most heartily join with you in the wish that we could find Some means to stop the spreading flames of this devilish war. I will not despair. The communications which he has imparted to me from you, have revived my hopes of peace. I laid them before the minister immediately. We are at a suspense for the present upon a very material pre- liminary. I did intend writing to you at the present pause, that we might make our ground good as we go on, but an incident which has happened obliges me to do it without delay. For having had a most essential question trans- mitted to me from Lord North for explanation, when I would have applied to Mr. Alexander I could not hear of him ; and now I find that he has left his hotel these four or five days, and his return uncertain, I must apply to you. I will state to you what has passed. Upon my first interview with Mr. Alexander, he told me that the late events would make no difference in the PART III. OF BENJAMIN FRANKLIN. 6\ prospect of peace ; that America had no other wish than to see a termination of this war ; that no events would make them unreasonable on that subject, which sentiments likewise your letter expresses ; and that no formal recog- nition of independence would be required. I thought this a very fair opening, but the next point which he explained to me seemed to be still more material towards peace, riz. that America was disposed to enter into a separate treaty with Great Britain, and their allies were disposed to con- sent to it. 1 I believe that it has been the unfortunate union of common cause between America and France, which has for the last three years turned aside the wish of the people of England for peace. I verily believe (so deep is the jealousy between England and France) that this country would fight for a straw to the last man, and the last shilling, rather than be dictated to by France. I therefore consider this as the greatest rub out of the way. I have often argued this point with you upon former oc- casions, having at all times foreseen that it would be the greatest rub in the road to peace, and I have often stated it to you as an act of justice due to America from her allies, not to drag her through a war of European resent- ments and jealousies beyond ber original views and en- gagements, and moreover I think the separation of the causes in the negociation promises much the shortest road to a general peace. Upon Mr. Alexander's opening thus much to me, I told him I would apply for the earliest opportunity of laying these matters before the minister. Accordingly, on Friday morning (December 21), I applied through the means of 1 A great misconception. 02 PRIVATE CORRESPONDENCE PARI Itf* the Earl of Guildford (father to Lord North) a nobleman of a most respectable character, advanced in years, and attached by every possible tie to a son now in a most ar- duous situation. I therefore requested the favour through his hands, as giving me the most conciliatory access to the minister, to whom I was preparing to make an application for peace. After the appointment was made with Lord North for Friday evening, I returned to Mr. Alexander to consider the specific manner and tenns in which I should make my application. It had occurred to me from what Mr. Alexander had stated to me, that the conciliatory bill ' which I had moved in the last parliament, on June 27* 1780, would still serve as a foundation to proceed upon. I therefore carried it with me. lie told me that he and you knew the sense of the bill very Well, and that it would be entirely consonant to your sentiments, that 1 should state it to Lord North, as drawing an outline for negocia- tion of peace. However to avoid all errors, I read the bill through to him, and explained the view of each clause, viz. the style of provinces of North America — a general phrase to avoid any term denoting dependence or indepen- dence. The truce — for an indefinite term. The articles of intercourse for ten years certain — to restore an amicable correspondence — and to abate animosities. The suspen- sion of certain acts of parliament — to avoid every possible question of dependence or independence. And to finish the work by a ratification of each article of intercourse as agreed to, thereby to prevent all possible return of war. 1 compared the articles of intercourse for a short term, and their ratification into a permanent peace, to a well known 1 See Mr. Hartley's letter of July 17, 1780. frART III. Or BENJAMIN FRANKLIN; $3 mode of proceeding in the laws of England, by lease and release, from temporary to perpetual amity and peace. Upon these grounds I took my commission from him for Lord North, viz. the question of dependence or indepen- dence sub silentio — a separate treaty with America, and to state the conciliatory bill of June 1780, as the outline of negociation. I saw Lord North in the evening, and stated the foregoing propositions to him, as I have now stated them to you. After having stated the compromise sub silentio and the separate treaty, I left with Lord North the copy of the bill of June 1780, together with a paper entitled Conciliatory Propositions, as explanatory of that bill (both inclosed with this). The next morning (viz. Saturday, December 22), 1 saw Mr. Alexander and re- ported to him what I had stated to Lord North, and shewed him a copy of the paper entitled conciliatory pro- positions. He told me that I had executed my commis- sion perfectly to his intelligence of the matter. I should tell you that at the conclusion of my conversation with Lord North, we both settled jointly the result thus, " I recommend to your Lordship the propositions which I have had the honour of stating to you, as the general grounds of a proposed negociation leading towards peace, under liberal constructions." Lord North said in answer, (t so I understand them." Upon this footing matters rested for some days. On Sunday last (December SO) I received a message from Lord North through the means of Lord Guildford, re- questing an explanation on this point, viz. " Who is au- thorised to treat on the part of America ? whether you or Mr. Adams, or both jointly, and whether the propositions above stated would be acknowledged as general grounds 64 PRIVATE CORRESPONDENCE PART III. of negociation towards peace, by the person or persons authorised to treat, because it was necessary before he could lay a matter of so great importance before the cabi- net council, that he should be entitled to say, u These pro- positions and general outlines come to me from responsi- ble and authorised persons/' The moment I received the request of Lord North I agreed entirely with the necessity of an explanation on that head. I had partly expected such an enquiry, and it gave me satisfaction when it came, as I thought it the first reply towards a parley. If the propositions had not gained some attention it would have been of very little importance to have enquired whence they came. As to the caution itself, it appears to me not only prudent but indispensable. The forms of caution in such cases are the essentials of caution. I had deter- mined on my own account before this message to have writ to you, that I might have received your sentiments directly from yourself without any other intervention, that we might proceed with caution and certainty in a matter of such infinite importance. This message has only quickened my dispatch. The two points of explanation requested, I take to be these ; whether the outlines above recited are properly stated, always considering that they imply no farther than general grounds of negociation to- wards peace, under liberal constructions; and secondly by what authorised person or persons any answer on this subject would be accepted ; in short a requisition of cre- dentials preparatory to a formal answer, which is so much the more necessary on the supposition of a favourable re- ception of the first hint towards negociation. When I last saw Mr. Alexander, about four or five days ago, he had met with some desponding impressions, as if PART III. OF BENJAMIN FRANKLIN. 65 the ministry were indisposed to peace, and that things would not do, &c. He did not tell me upon what ground he had formed such apprehensions: however, lest he should have imparted any such by letter to you, I will state that point to you, because it may have infinite ill conse- quences to be too touchy on such suspicions. A prema- ture jealousy may create the very evil it suspects. The ministry in this country are not every thing. The sense of the people when really expressed and exerted, would be most prevalent. Suppose then it were a proved point that every man in the ministry were in his heart adverse to peace. What then ! withhold all overtures ! By no means. 1 should advise the very contrary in the strongest manner. I should say, let the overtures be made so much the more public and explicit, by those who do wish for peace. It is the unfortunate state of things which has hitherto bound the cause of France to any possible treaty with America, and which has thereby thrown a national damp upon any actual public exertions to procure a negociation for peace with America. I have the strongest opinion that if it were publicly known to the people of England that a ne- gociation might be opened with America upon the terms above specified, that all the ministry together, if they were ill disposed to a man, would not venture to thwart such a measure. But why should it be supposed that the ministry to a man are ill disposed to a peace ? Suppose them to be half and half, and the public wish and voice of the people in favour of negociation, it is evident on which side the balance would incline . But why should we seek to throw a damp prematurely upon any chance ? Why pre- sume even against any individual ? I grant that it would be a bitter trial of humility to be brought to a formal re- Vol. ii. E 66 PRIVATE CORRESPONDENCE PART III* cognition of independence at the haughty command of France, and I believe every part of the nation would pro- ceed to every extremity before they would submit to that. But if that touchy point can be provided for sub silentio, and if the proposed treaty with America may be earned on free from controul by Fiance, let us give the cause of peace a fair trial ; at the worst we should but be where we were if we should fail. But why should we expect to fail when the greatest rub is removed by the liberty of en- tering separately into a treaty ? I think it a most favour- able event leading towards peace. Give us a truce with its concomitants, and a little time so given for cooling will have most excellent effects on both sides. Eternal peace and conciliation may then follow. I send this to you by the quickest dispatch, that we may bring this point to a fair issue before the meeting of parliament. God prosper the blessed work of peace. I am ever yours most affec- lionately, D. H. CONCILIATORY BILL. In the title and preamble of the bill the words provinces of North America are used as general words, neither im- plying dependence or independence. Clause 1. The Truce is taken from the conciliatory act of 1778, and is indefinite as to the proposed duration of the truce. Under this clause it might be proposed to ne- gociate three points, viz. the removal of the British troop* from the thirteen provinces of North America, and con- nectedly with this article a stipulation for the security of the friends of the British government. The third article mighi be a stipulation that the respective parties during PART III. OF BENJAMIN FRANKLIN. 67 the continuance of the truce should not either directly or indirectly give assistance to the enemies of each other. Clause 1. Articles of intercourse and pacification. Under this clause some arrangements might be settled for establishing a free and mutual intercourse, civil and com- mercial, between Great Britain and the aforesaid provinces of North America. Clauses. Suspension of certain acts of parliament. By this clause a free communication may be kept open be- tween the two countries, during the negociation for peace, without stumbling against any claim of rights which might draw into contest the question of dependence or indepen- dence. Clause 4. The ratification by parliament. The object of this clause is to consolidate peace and conciliation step by step as the negociation may proceed, and to prevent, as far as possible, any return of war, after the first decla- ration of a truce. By the operation of this clause a tem- porary truce may be converted into a perpetual and per- manent peace. Clause 5. A temporary act. This clause creating a temporary act for a specific purpose of negociation in view, is taken from the act of 1778. P. S. January 8, 1 782. Since writing this letter I have seen Mr. Alexander, and shall see him from time to time to communicate with him. I do not suppose I shall have an answer from Lord North till the preliminary points are so settled as to enable him to give an answer in form. Mi- nistry might undoubtedly give a short negative if they thought proper, but I do not expect that. You may be <5&- PRIVATE CORRESPONDENCE PART III. assured that I have and shall continue to enforce every ar- gument in the most conciliatory manner to induce a nego- ciation. I am very sorry for Mr. A.'s confinement on his own account, and on that of his friends, and because probably in the future state of this business, his personal exertions may be very serviceable in the cause of peace. Every assistance and every exertion of mine will always be most heartily devoted to that cause. I have nothing far- ther to add, either upon my own reflections or from my subsequent conversations with Mr. A. to what I have stated in the foregoing letter. If we once make a good beginning upon the plan there stated, I should hope that such a negociation, founded on such principles, would pro- mise fair to produce every salutary and pacific consequence in the event. [Answer to the foregoing.] To D. Hartley, Esq. M. P. Dear Sir, Passy, January 15, 1782. I received a few days since your favour of the 2d instant, in which you tell me, that Mr. Alexan- der had informed you " America wa3 disposed to enter into a separate treaty with Great Britain." 1 am per- suaded that your strong desire for peace has misled you, and occasioned your greatly misunderstanding Mr. Alex- ander, as I think it scarce possible he should have asserted a thing so utterly void of foundation. I remember that you have, as you say, often urged this on former occasions, and that it always gave me more disgust than my friend- ship for you permitted me to express. But since you have now gone so far as to carry such a proposition to PART III. OF BENJAMIN FRANKLIN. 69 Lord North, as arising from us, it is necessary that I should be explicit with you, and tell you plainly, that I never had such an idea, and I believe there is not a man in America, a few English Tories excepted, that would not spurn at the thought of deserting a noble and generous friend for the sake of a truce with an unjust and cruel ene- my. 1 have again read over your Conciliatory Bill, with the manuscript propositions that accompany it ; and am concerned to find that one cannot give vent to a simple wish for peace, a mere sentiment of humanity, without having it interpreted as a disposition to submit to any base conditions that may be offered us rather than continue the war : for, on no other supposition could you propose to us a truce of ten years, during which we are to engage not to assist France while you continue the war with her. A truce too wherein nothing is to be mentioned that may weaken your pretensions to dominion over us, which you may therefore resume at the end of the term or at plea- sure ; when we have so covered ourselves with infamy by our treachery to our first friend, as that no other nation can ever after be disposed to assist us, how cruelly soever you might think fit to treat us. Believe me, my dear friend, America has too much understanding and is too sensible of the value of the world's good opinion to forfeit it all by such perfidy. The Congress will never instruct their Commissioners to obtain a peace on such ignominious terms ; and though there can be but few things in which I should venture to disobey their orders, yet if it were possible for them to give me such an order as this, I should certainly refuse to act, I should instantly renounce their commission and banish myself for ever from so infamous a country. 70 PRIVATE CORRESPONDENCE PART III. We are a little ambitious too of your esteem ; and as I think we have acquired some share of it, by our manner of making war with you, I trust we shall not hazard the loss of it by consenting meanly to a dishonourable peace. Lord North was wise in demanding of you some autho- rized persons. He justly thought it too improbable to be relied on, so as to lay it before the privy council. You can now inform him that the whole has been a mistake, and that no such proposition as that of a separate peace has been, is, or is ever likely to be made by me, and I believe by no other authorized person whatever in behalf of America. You may farther, if you please, inform his Lordship, that Mr, Adams, Mr. Laurens, Mr. Jay and myself, have long since been empowered by a special commission to treat of peace, whenever a negociation shall be opened for that purpose : but it must always be understood that this is to be in conjunction with our allies, conformably to the so- leniti treaties made with them. You have, my dear friend, a strong desire to promote peace, and it is a most laudable and virtuous desire. Per- mit me then to wish that you would, in order to succeed as a mediator, avoid such invidious expressions as may have an effect in preventing your purpose. You tell me that no stipulation for our independence must be in the treaty, because you "verily believe (so deep is the jea- lousy between England and France) that England would fight for a straw to the last man and the last shilling, ra- ther than be dictated to by France." And again, that, " the nation would proceed to every extremity rather than be brought to a formal recognition of independence at the haughty command of France/' My dear Sir, if every, proposition of terms for peace that may be made by one PART III. OF BENJAMIN FRANKLIN. 71 of the parties at war is to be called and considered by the other as dictating, and a haughty command, and for that reason rejected with a resolution of fighting to the last man rather than agree to it, you see that in such case no treaty of peace is possible. In fact we began the w ar f°r independence on your government, which we found tyran- nical, and this before France had any thing to do with our affairs ; the article in our treaty whereby the u two parties engage that neither of them shall conclude either truce or peace with Great Britain without the formal consent of the other first obtained ; and mutually engage not to lay down their arms until the independence of the United States shall have been formally or tacitly assured by the treaty or treaties that shall terminate the war," was an article inserted at our instance, being in our favour. And you see by the article itself, that your great difficulty may be easily got over, as a formal acknowledgment of our independence is not made necessary. Jkit we hope by God's help to enjoy it, and I suppose we shall fight for it as long as we are able. I do not make any remarks on the other propositions, because I think that unless they were made by authority, the discussion of them is unne- cessary and may be inconvenient. The supposition of our being disposed to make a separate peace, I could not be silent npon, as it materially affected our reputation an» ,Ji'*uu -«ta li.^yai Iau To R. R. Livingston, Esq. o x r ti • ait • secretary of foreign Affairs. S i R, Passy, March 9, 1 782. I have just received the honour of yours, dated January the 7th. Your communication of the sen- timents of congress with respect to many points that may come under consideration in a treaty of peace, gives me great pleasure, and the more as they agree so perfectly with my own opinions, and furnish me with additional ar- guments in their support. I shall be more particular on this subject in my next ; for having notice from captain Barry last night, that he will not go to Brest, as I ex- pected, to take in some of our goods, but will sail imme- diately on the return of the post, which sets out to-day ; I am obliged to be short. You will see in the enclosed newspapers, the full debate in the House of Commons, on 92 PglVATE CORRESPONDENCE PART 111. the subject of declining the war with North America. By private advices, I learn, that the whole opposition now become the majority, went up in a body with the address to the King, who answered that he would pay a due re- gard to the advice of his faithful Commons, and employ his forces with more vigour against the ancient enemies of the nation, or to that purpose ; and that orders were im- mediately "§iv en for taking up a great number of large transports, among which are many old India ships, whence it is conjectured that they intend some great effort in the West Indies, and perhaps mean to carry off their troops and stores from New York and Charleston. I hope however, that we shall not, in expectation of this, relax in our preparations for the approaching campaign. I will procure the books you write for, and send them as soon as possible. Present my duty to the congress, and believe me to be with sincere esteem, &c. B. Franklin. From David Hartley, Esr>. M. P. to Dr. Franklin. My Dear Friend, London, March 11, 1782. Mr. Digges who will deliver this to you informs me that having been applied to for the pur- pose of communicating with Mr. Adams on the subject of his commission for treating of peace, he is now setting out for Amsterdam, and that he intends afterwards to go to Paris to wait upon you. I understand the occasion Jo have arisen, by some mention having been made in parlia- ment by General Conway of persons not far off having au- thority to treat of peace, which was supposed to allude to PART III. OF BENJAMIN FRANKLIN. 93 Mr. Adams, and some friends of his in London. Minis- try were therefore induced to make some enquiries them- selves. This is what I am informed of the matter. When the proposal was made to Mr. Digges, he consulted me, I believe from motives of caution, that he might know what ground he had to stand upon, but not in the least apprized that I had been in any degree in course of cor- responding with you on the subject of negociation. As I had informed the ministry from you that other persons be- sides yourself were invested with powers of treating, T have nothing to say against their consulting the several respective parties. That is their own concern. I shall at all times content myself with observing the duties of my owu conduct, attending to all circumstances with circum- spection, and then leaving the conduct of others to their own reasons. I presume that ministry have only done what others would have done in their situation, to pro- cure the most ample information that the case will admit. I rest contented to act in my own sphere, and if my exer- tions can be applied to any public good, I shall always be ready to take my part with sincerity and zeal. I am, my dear friend, your ever affectionate, D. Hartley. From David Hartley, Esq. M. P. to Dr. Franklin. My Dear Friend, London, March 12, 1782. Enclosed with this I transmit to you the public parliamentary proceeding respecting the American war. If you will compare these proceedings with some others in several of the counties of this king- dom about two years ago, you will at once see the reason 94 PRIVATE COKRESPONDENCE PART Itl. why many persons who from principles of general and en- larged philanthropy do most certainly wish universal peace to mankind yet seem restrained in their mode of endeavour- ing to obtain that object. We must accommodate our endeavours to practicabilities, in the strong hope that if the work of peace was once begun, it would soon become general. Parliament having declared their sentiments by their public proceedings ; a general bill will soon pass to enable administration to treat with -America and to conclude. As to the sincerity of ministry that will be judged of by their conduct in any treaty. The first object is to procure a meeting of qualified and authorised persons. You have told me that four persons are em- powered by a special commission to treat of peace. Arc we to understand that each separately has power to con- clude, or in what manner ? The four persons whom you have mentioned are in four different parts of the world, viz. three of them in hostile states, and the fourth - under circumstances very peculiar for a negociator. When I told Mr. Laurens that his name was in the commission, I found him entirely ignorant of every circumstance relating to it. I understand that the ministry will be ready to pro- ceed towards opening a negociation as soon as the bill shall pass, and therefore it is necessary to consult of time, and place and manner and persons on each side. The negociation itself will speak the rest. I have been in- formed that some gentlemen in this country (not in admi- nistration) have lately entered into a correspondence with Mr. Adams relating to his commission of treating for peace, and that their previous enquiries having been spoken of in public, the ministry have been induced to make some enquiry themselves from Mr. Adams on that sub- PART III. OF BENJAMIN FRANKLIN. Qj ject. In whatever way a fair treaty may be opened, by whomsoever or with whomsoever, I shall heartily wish good success to it for the common good and peace of mankind. I know these to be your sentiments, and I am confident that they will ever remain so, and hope that you will believe the same of me. I am ever, your most affec- tionate, D. Hartley. Copy from the printed votes of the Commons, 27 Feb. 1782. • Resolved. That it is the opinion of this House that the farther prosecution of offensive war on the continent of North America, for the purpose of reducing the revolted colonies to obedience by force, will be the means of weak- ening the efforts of this country against her European enemies, tends, under the present circumstances, danger- ously to increase the mutual enmity so fatal to the inte- rests both of Great Britain and America, and by prevent- ing an happy reconciliation with that country, to frustrate the earnest desire graciously expressed by his Majesty to restore the blessings of public tranquillity. Resolved. That an humble address be presented to his Majesty, that jthe further prosecution of offensive war on the continent of North America, tends, &c. &c. March 4. Mr. Speaker reported to the House, that the House attended his Majesty on Friday last with their address ; to which his Majesty was pleased to give his most gracious answer : Gentlemen of the House of Commons, There are no objects nearer my heart than the ease, happiness, and prosperity of my people. ,. qog 96 PRIVATE CORRESPONDENCE PART III. You may be assured that, in pursuance of your advice, I shall take such measures as shall appear to me most conducive to the restoration of harmony between Great Britain and the revolted colonies, so essential to the pros- perity of both ; and that my efforts shall be directed in the most effectual manner against our European enemies, until such a peace can be obtained as shall consist with the interests aud permanent welfare of my kingdoms. Resolved, nemine contradicenle, That an humble address be presented to his Majesty, to return his Majesty the thanks of this House, for his most gracious answer to their address presented to his Majesty on Friday last, and for the assurances his Majesty has most graciously been pleased to give them of his intention in pursuance of the advice of this House, to take such measures as shall appear most conducive to the restora- tion of harmony between Great Britain and the revolted colonies ;, and that his efforts shall be directed in the most effectual manner against our European enemies, until such a peace can be obtained as shall consist with the perma- nent welfare and prosperity of his kingdoms: this House being convinced that nothing can, in the present circum- stances of this country, so essentially promote those great objects of his Majesty's paternal care for his people, as the measures which his faithful Commons have most hum- bly recommended to his Majesty. Ordered, that the said address be presented, &c. Resolved. That, after the solemn declaration of the opinion of this House, in their humble address presented to his, Majesty on Friday last, and his Majesty's assurance of his gracious intention in pursuance of their advice, to take such measures as shall appear to his Majesty to be most PART III, OF BENJAMIN FRANKLIN. 97 conducive to the restoration of harmony between Great Britain and the revolted Colonies, so essential to the pros- perity of both, this House will consider as enemies to his Majesty and this country, all those who shall endeavour to frustrate his Majesty's paternal care for the ease and happiness of his people, by advising, or by any means at- tempting, the farther prosecution of offensive war on the continent of North America, for the purpose of reducing the revolted Colonies to obedience by force. From David Hartley, Esq. to Dr. Franklin. My Dear Friend, London, March %% 1782. You will have heard before this can reach you, that Lord North declared yesterday in the House of Commons, that his Majesty intended to change his ministers. The House is adjourned for a few days to give time for the formation of a new ministry. Upon this occasion therefore I must apply to you to know whether you would wish me to transfer the late negociation to the successors of the late ministry ; in these terms ; (vide yours to me of January 15, 1782) viz. " that you are em- powered by a special commission to treat of peace when- ever a negociation for that purpose shall be opened. That it must always be understood that it is to be in conjunc- tion with your allies conformable to the solemn treaties made with them. That the formal acknowledgment of the Independence of America is not made necessary ." And may I add that upon these terms you are disposed to enter into a negociation ? It is not known who will suc- ceed the late ministry, but from the circumstances which preceded its dissolution we are to hope that they will be Vol. ii. G 98 PRIVATE CORRESPONDENCE PAKT III, disposed to enter into a negociation of peace upon fair and honourable terms. I have no doubt that there were some persons in the late ministry of that disposition. I told you in my last letters to you of the 1 1 th and 1 2th instant, that I had received information, whilst I was in the course of correspondence with the ministry myself on the subject of peace, that some part of the ministry were transmitting some communications or enquiries upon that subject with Mr. Adams,, unknown to me. I had inform- ed the ministry from you the names of the four persons empowered to treat. I saw the minister upon the occa- sion (I should now call him the late miuister.) I took the liberty of giving him my opinion upon the matter itself. So far as it related personally to me, I expressed myself fully to him that there was no occasion that such a step should have beeu taken unknown to me, for that I was very free to confess that if they thought my partiality towards peace was so strong that they could drive a better bargain through another channel, I could not have any right of exclusion upon them. I relate this to you because I would wish to have you make a corresponding application to your own case. If you should think that my strong desire for peace, although most laudable and virtuous in itself, should mislead me, and that my being so as you may suppose misled, may be of any prejudice to the cause committed to your trust, I desire by no means to embar- rass your free conduct, by any considerations of private or personal regard to myself. Having said thus much, I will now add that 1 am not unambitious of the office of a peace-maker, that I flatter myself the very page which I now am writing will bear full testimony from both sides of the impartiality of my eouduct. And I will add ouce PART HI. OF BENJAMIN FRANKLIN. ' 99 more what I have often said and repeated to each side, viz. that no fallacy or deception, knowing or suspecting it to be such, shall ever pass through my hands. Believe me I sympathize most cordially and sincerely with you in every anxiety of yours for peace. I hope things are tending (although not without rubs) yet in the main to that end. Soon ! as soon as the course of human life may be expected to operate on the great scale and course of national events, or rather in the creation and establishment of a new world. I am sometimes tempted to think myself in patient expectation the elder sage of the two. I say the elder, not the better. Yours, &c. D. Hartley. From Mr. T. Digges to Dr. Franklin. Sir, Amsterdam, March Q.2, 1782. I left England a few days back, and until my conversation and some consultations with Mr. Adams on a matter which will be mentioned to you by him, and more particularly explained in this letter, my determina- tion was to have seen you, as well on that business as on a matter of much consequence to my private reputation. I feel the disadvantages under which I labour when writing to you on a matter which cannot be explained or cleared up but by personal conversation. 1 do not give up my intended purpose of personally speaking to you, but it being found better and more convenient to my purpose to return immediately hence to England, and thence to Paris, in preference of going first to Paris, it must be unavoidably delayed for some days. It would take up more than the length of a letter to ex- 100 PRIVATE CORRESPONDENCE PART III. plain the whole opening and progression of a matter I am here upon, which was and is meant to be jointly commu- nicated to you with Mr. Adams ; I will therefore take the liberty to give you an abbreviation of it in as few words 4s I can. About a fortnight ago a direct requisition from minis- try, through Lord Beauchamp, was made to Mr. R. Perm to know if he could ascertain that any person or persons in Europe were commissioned by Congress to treat for peace, whether they mere now willing to avail themselves &f-mch commission, and of the present sincere disposition in ministry to treat, and whether they would receive an appointed commissioner to speak for a truce, and men- tion a place for the meeting, fyc. Mr. Penn's referring Lord Beauchamp to me, as know- ing the nature of Mr. Adams's former commission, was the sole cause of my being privy to, or a party in, the matter. I had various meetings with Lord Beauchamp in company with Mr. Penn on the subject ; the particular memorandums of which, and Lord B.'s statement of what the ministry wanted to obtain, together with every other circumstance relative to the matter, I regularly consulted Mr. Laurens and Mr. D. Hartley upon ; and the result was my taking the journey hither, and to Paris, in order to put the questions (as they are before stated from Lord B. to Mr. Penn) and to bring an answer thereto. I am well convinced by Lord Beauchamp's pledge of his personal honour, as well as from Mr. Hartley's telling me he knew the matter to come directly from Lord North (for he visit- ed him more than once to ascertain the fact) that it is a serious and sincere requisition from ministry, and that they will immediately take some steps to open a treaty, pro- PART fit. OF BENJAMIN FRANKLIN. 101 vided I go back with assurances that there is a power vested in Americans in Europe to treat and conclude, and that they are willing to avail themselves of such power when properly applied to. I have stated the whole transaction to Mr. Adams, read every memorandum I had made, informed him of every circumstance I knew, and when I put the questions (as they are before stated from Lord B. to Mr. Penn) be replied, " that there were certainly commissioners iii Eu- rope, of which body he was one, who had powers to treat and conclude upon peace ; that he believed them willing to enter into such a treaty, provided a proper offer was made ; but that no questions now or to be made in future could be answered by him without previously consulting his colleagues, and afterwards acquainting the ministers of the belligerent powers thereof.** Mr. Adams recom- mended that any future questions might be made directly to you, for that the present, as well as any subsequent pro- positions, would be immediately communicated to you and Mons. de Vergennes. His answers to my questions were nearly what I fore- told and expected, and is substantially what Lord Beau- champ seemed so anxious to procure. When I relate this answer to his Lordship my business will be finished in that quarter. I will here explain to you my only motive for being a messenger from him whom I had never known or been in company with before. It will enable me to say, I have done one favour for you, and I claim of you ano- ther, viz. to obtain a restoration of my papers from Lord Hillsborough's office, which were jn a most illegal and un- justifiable manner seized from me near a twelvemonth ago, and are yet withheld notwithstanding the personal ap~ 102 PRIVATE CORRESPONDENCE PART III. plications for them from Lord Coventry, Lord Nugent, and Mr. Jackson, each of whom have explained the injury and very extraordinary mischief the want of my papers for so long a time has and is now doing me. On my first conversation with Mr. Adams I had con- cluded to go to you, partly by his advice to do so ; but as the expence of two journies where one may serve is of some import to me, and from supposing your answer would be substantially the same as that from Mr. Adams, I have thought it better to go back immediately to Lon- don, and then set out for Paris with the probability of be- ing able to bear my papers. I will take the liberty to trouble you with another letter if any thing occurs on my arrival in London. I am to leave this with Mr. Adams for forwardance ; and for the present I have only to beg a line acknowledging the re- ceipt of it. If your letter is put under a cover to Mr. Stockdale, Bookseller, Piccadilly, London, it will the more readily get to hand. I am, with great respect, Sir, your very obedient servant, T. Digges. Ostend, 9.6th March. On my last visit to Mr. Adams, Friday evening, to explain to him the substance of the foregoing letter, and ask his forwardance of it to you, we had some farther conversation on the matter, the ultimate conclu- sion of which was, that it was thought better I did not send the annexed letter to you, or mention my business with him until my going in person from England. Mr. Adams's reasons were these. That if I made the commu- nication then he should be necessitated to state the matter in a long letter to you and others of his colleagues ; that PART III. OF BENJAMIN FRANKLIN. 103 the matter as it then stood was not of such importance but he could save himself the trouble of the explanation ; and that as he recommended any future questions or ap- plications to be made directly to you, your situation mak- ing it more convenient sooner to inform the French court thereof, he thought my letter had better be postponed, and the substance of it given in person as soon as I could possibly get from London to Paris. I acquiesced, though reluctantly, and having thought much on the matter on my journey hither, I have at length determined to forward the foregoing letter with this postscript, and at the same time to inform Mr. Adams of my exact feelings on the matter, viz. that my wishes and intentions when I left England were to see, and make known the matter to you ; that through Mr. Hartley or some other channel you must hear that I had been at Amsterdam, and my seemingly turning my back upon you might be thought oddly of ; and finally that I could not answer for carrying the inclosure from Mr. Hartley back to England, not knowing the conse- quence it might be of. I hope and think I have done right in this matter. The purpose for my moving in the business I went to Mr. A. upon, has, I own, been with a double view of serving myself in a matter of much conse- quence to me, for after delivering the explanations I carry, 1 can with some degree of right and a very great probabi- lity of success, claim as a gratuity for the trouble and ex- pence I have been at, the restoration of my papers; the situa- tion of which I have already explained to Lord Beauchamp, in order to get him to be a mover for them, and I have very little doubt that a few days will restore them to me, and give me an opportunity to speedily speak to you on a mat- ter which gives me much uneasiness, vexation, and pain. Excuse the hurry in which I write, for 1 am very near the 104 PRIVATE CORRESPONDENCE PART 111. period of embarkation. Paul Wentworth embarked this day for England : I trod on his heels chief of the way from the Hague which he left suddenly. General Faucit is on his road hence to Hanover, B From His Excellency J. Adams, Esq. to Dr. Franklin. Sir, The Hague, March 26, 1732. One day last week, I received at Amster- dam a card from Digges, inclosing two letters to me, from Mr. David Hartley. The card desired to see me, upon business of importance; and the letters from Mr. Hartley contained an assurance, that to his knowledge, the bearer came from the highest authority. I answered the card, that in the present situation of affairs here and elsewhere, it was impossible for me to see any one from England without witness ; but if he were willing to see me in presence of Mr. Thaxter, my Secretary, and that I should communicate whatever he should say to me to Dr, Franklin, and the Comte de Vergennes, I would wait for him at home at ten o'clock ; but that I had rather he should go to Paris without seeing me, and communicate what he had to say to Dr. Franklin, whose situation en- abled him to consult the Court without loss of time. At ten however he came, and told me a long story about con- sultations with Mr. Penn, Mr. Hartley, Lord Beauchamp, and at last Lord North, by whom he was finally sent, to enquire of me, if I or any other had authority to treat with Great Britain of a truce. I answered, that " 1 came to Europe with full powers to make peace, that those powers had been announced to the public upon my arri- PART III. OF BENJAMIN PRANKLIN. Y05 val, and continued in force until last summer, when Con* gress sent a new commission, containing the same powers to four persons, whom 1 named : that if the King of Eng* land were my father, and I the heir apparent to his throne, I could not advise him ever to think of a truce, because it would be but a real war, under a simulated appearance of tranquillity, and would end in another open and bloody war, without doing any real good to any of the parties." He said that " the ministry would send some person of consequence over, perhaps GeneraT Conway, but they were apprehensive, th,at he would be ill-treated or ex- posed." I said, " that if they resolved upon such a mea- sure, I had rather they would send immediately to Dr. Franklin because of his situation near the French court. But there was no doubt, if they sent any respectable per- sonage properly authorized, who should come to treat honourably, he would be treated with great respect. But that if he came to me, I could give him no opinion upon any thing without consulting my colleagues, and should reserve a right of communicating every thing to them, and to our allies/' ■ He then said that 6( his mission was finished. That the fact to be ascertained was simply, that there was a com- mission in plurope to treat and conclude : but that theie was not one person in Great Britain who could affirm or prove that there was such a commission, although it had been announced in the gazettes." I desired him, and he promised me, not to mention Mr. Laurens to the ministry without his consent (and with- out informing him that it was impossible he should say any thing in the business, because he knew nothing of our instructions) because, although it was possible that his 106 PRIVATE CORRESPONDENCE PART ill. being in such a commission might induce them to release him, yet it was also possible it might render them more difficult, concerning his exchange. The picture he gives of the situation of things in Eng- land is gloomy enough for them. The distresses of the people, and the distractions in administration and parlia- ment, are such as may produce any effect almost that can be imagined. The only use of all this I think is to strike decisive strokes at New York and Charlestown. There is no po- sition so advantageous for negociation, as when we have all an enemy's army prisoners. I must beg the favour of you, Sir, to send me, by one of the Count de Vergennes's couriers to the Due de la Vauguion, a copy in letters of your peace instructions. I have not been able to decy- pher one quarter part of mine. Some mistake has cer- tainly been made. Ten or eleven cities of Holland have declared them- selves in favour of American Independence, and it is ex- pected that to-day or to-morrow this province will take the decisive resolution of admitting me to my audience. Perhaps some of the other provinces may delay it for three or four weeks. But the Prince has declared, that he has no hopes of resisting the torrent, and therefore that he shall not attempt it. The Due de la Vauguion has acted a very friendly and honourable part in this business, with- out, however, doing any ministerial act in it. With great respect, I have the honour to be, Sir, your most obedient and most humble servaut, J. Adams. PART III. OF BENJAMIN FRANKLIN. 10/ To Robert R. Livingston, Esq. Secretary for Foreign Affairs. Sir, Passy, March 30, 178&. The newspapers which I send you by this conveyance, will acquaint you, with what has since my last passed in parliament. You will there see a copy of the Bill brought in by the Attorney-General, for empow- ering the King to make peace with the Colonies. They still seem to flatter themselves with the idea of dividing us ; and rather than name the Congress they empower him generally to treat with any body or bodies of men, or any person or persons, fyc. They are here likewise endea- vouring to get us to treat separately from France, at the same time they are tempting France to treat separately from us, equally without the least chance of success* I have been drawn into a correspondence on this subject, which you shall have with my next. I send you a letter of Mr. Adams's just received, which shows also that they are weary of the war, and would get out of it if they knew how. They had not then received certain news of the loss of St. Christopher's, which will probably render them still more disposed to peace. I see that a bill is also passing through the House of Commons for the exchange of American prisoners, the purport of which I do not yet know. In my last I promised to be more particular with re- spect to the points you mentioned as proper to be insisted on in the treaty of peace. My ideas on those points, I assure you, are full as strong as yours. I did intend to have given you my reasons for some addition, and if the 106 PRIVATE CORRESPONDENCE PART III. treaty were to be held on your side the water, I would do it : otherwise it seems on second thoughts to be unneces-* sary, and if my letter should be intercepted may be incon- venient. Be assured I shall not willingly give up any im-r portant right or interest of our country, and unless this campaign should afford our enemies some considerable advantage, I hope more may be obtained than is yet ex-r pccted. Our affairs generally go on well in Europe. Holland has been slpw, Spain slower, but time will 1 hope smooth away all difficulties. Let us keep up not only our courage but our vigilance, and not be laid asleep by the pretended half peace the English make with us without asking our consent. We cannot be safe while they keep armies in our country. With great esteem I have the honour to be, Sir, your most obedient and most humble servant, B. Franklin. To J. Adams, Esq. Sir, Pussy, March 31, 1782. I received yours of the 10th instant, and am of opinion with you, that the English will evacuate New York and Charlestown, as the troops there after the late resolutions of parliament must be useless, and are necessary to defend their remaining islands, where they have not at present more than 3000 men. The prudence of this operation is so obvious, that I think they can hardly miss it ; otherwise I own, that considering their conduct for several years past, it is not reasoning conse- quentially to conclude they will do a thing, because the doing it is required by common sense. *ART I1L. O* BENJAMIN FRANKUK. 109 Yours of the 26th is just come to hand. I thank you for the communication of Digges's message. He has also sent me a long letter, with two from Mr. Hartley. I shall see M. de Vergennes to-morrow and will acquaint you with every thing material that passes on the subject. But the ministry by whom Digges pretends to be sent being changed; we shall by waiting a little see what tone will be taken by their successors. You shall have a copy of the instructions by the nest courier* I congratu* late you cordially on the progress you have made among those slow people. Slow however as they are, Mr. Jay finds his 1 much slower. By an American, who goes in about ten days to Holland, I shall send you a packet of correspondence with Mr. Hartley, though it amounts to little. With great esteem, 1 have the honour to be your Excellency's most obedient and most humble servant, B. Franklin. To David Hartley, Esq* M. P* Dear Sir, Pussy, March 31, 1782. I have just received your favours of March 11 and 12, forwarded to me by Mr. Digges, and another of the 2 1 st per post. I congratulate you on the returning good disposition of your nation towards America, which appears in the resolutions of parliament, that you have sent me : and I hope the change of your ministry will be attended with salutary effects. I continue in the same sentiments expressed in my former letters ; but as I am but one of five in the commission, and have no knowledge "■■'■'"•••' ■ , t ..: ' The Spaniards. 110 PRIVATE CORRESPONDENCE PART III. of the sentiments of the others, what has passed between us is to be considered merely as private conversation. The five persons are Messrs. Adam, Jay, Laurens, Jefferson, and myself ; and in case of the death or absence of any, the remainder 'have power to act and conclude. I have not written to Mr. Laurens, having constantly expected him here, but shall write to him next post ; when I shall also write more fully to you, having now only time to add, that I am ever with great esteem and affection, dear Sir, your most obedient and most humble servant, B. Franklin. To David Hartley, Esq. M.P. My Dear Friend, Passy, April 5, 1782. I wrote a few lines to you the 31st past, and promised to write more fully. On perusing again your letters of the 1 1th, 12th, and 21 st, 1 do not find any notice taken of one from me dated February 16. I there- fore now send you a copy made from it in the press. The uncertainty of free transmission discourages a free com- munication of sentiments on these important affairs ; but the inutility of discussion between persons, one of whom is not authorized, but in conjunction with others, and the other not authorized at all, as well as the obvious incon- veniences that may attend such previous handling of points, that are to be considered when we come to treat regular- ly, are with me a still more effectual discouragement, and determine me to waive that part of the correspondence. As to Digges, I have no confidence in him, nor in any thing he says or may say of his being sent by ministers. Nor will I have any communication with him, except in PART III. OF BENJAMIN FRANKLIN. ]U receiving and considering the justification of himself which he pretends he shall be able and intends to make, for his excessive drafts on me on account of the relief I ordered to the prisoners, and his embezzlement of the money. You justly observe in yours of the 12th, that the first ob- ject is to procure a " meeting of qualified and authorized persons," and that you <( understand ministry will be ready to proceed towards opening a negociation as soon as the bill shall pass, and therefore it is necessary to consult of time and place* and manner and persons on each side." This you wrote while the old ministry existed. If the aevv have the same intentions, and desire a general peace, they may easily discharge Mr. Laurens from those engage- ments which make his acting in the commission improper, and except Mr. Jefferson who remains in America and is not expected here, we the Commissioners of Congress can be easily got together ready to meet yours at such place as shall be agreed to by all the powers at war, in order to form the treaty. God grant that there may be wisdom enough assembled to make, if possible, a peace that shall be perpetual, and that the idea of any nations being natu- ral enemies to each other may be abolished for the honor of human nature. With regard to those who may be commissioned from your government, whatever personal preferences I may conceive in my own mind, it cannot become me to express them. I only wish for wise and honest men. With such, a peace may be speedily concluded. With contentious wranglers the negociation may be drawn into length and finally frustrated. I am pleased to see in the votes and parliamentary speeches, and in your public papers, that in mentioning 112 PIUVATE CORRESPONDENCE PART HI- America the word reconciliation is often used. It cer- tainly means more than a mere peace. It is a sweet ex-> pression. Revolve in your mind, my dear friend, the means of bringing about this reconciliation. When you consider the injustice of your war with us, and the bar- barous manner in which it has been carried on, the many suffering families among us from your burning of towns, scalping by savages, &c. &c* will it not appear to you, that though a cessation of the war may be a peace, it may not be a reconciliation ? Will not some voluntary acts of justice and even of kindness on your part have excellent effects towards producing such a reconciliation?- Can you not find means of repairing in some degree those injuries ? You have in England and Ireland twelve hundred of our people prisoners, who have for years bravely suffered all the hardships of that confinement rather than enter into your service to fight against their country. Methinks you ought to glory in descendants of such virtue. What if you were to begin your measures of reconciliation by setting them at liberty ? I know it would procure for you the liberty of an equal number of your people, even without a previous stipulation ; and the confidence in our equity, with the apparent good will in the action, would give very good impressions of your change of disposition towards us. Perhaps you have no knowledge of the opinions lately conceived of your king and country in America; the en- closed copy of a letter will make you a little acquainted with them, and convince you how impossible must be every project of bringing us again under the dominion of such a sovereign. With great esteem, I am, dear Sir, your most obedient and most humble servant, B. Franklin. PART III. OF BENJAMIN FRANKLIN. 113 To the Hon. Robert R. Livingston, Esq. Sir, Passy, April 8, 1782. Since my last an extraordinary revolution has taken place in the court of England. All the old ministers are out, and the chiefs of the opposition are in their places. The newspapers that I send will give you the names as correctly as we yet know them. Our last advices mention their kissing hands; but they had yet done nothing in their respective offices, by which one might judge of their projected measures ; as whether they will ask a peace of which they have great need, the nation having of late suffered many losses, men grown extremely scarce, and Lord North's new taxes proposed as funds for the loan, meeting with great opposition ; or whether they will strive to find new resources, and obtain allies to enable them to please the king and nation by some vigorous exertions against France, Spain, and Holland. With re- gard to America, having while in opposition carried the vote for making no longer an offensive war with us, they seem to have tied their own hands from acting against us. Their predecessors had been tampering with this court, for a separate peace. The king's answer gave me, and will give you great pleasure. It will be sent to M. de la Luzerne, and by him be communicated to congress. None of their attempts to divide us met with the least encouragement : and I imagine the present set will try other measures. With great esteem, I have the honour to be, &c. B. Franklin. Vol. II. H 114 PRIVATE CORRESPONDENCE PART III. To the Hon. Robert R. Livingston, Esq. Sir, Passy, April 12, 1782. Being at court on Tuesday, I learnt from the Dutch minister, that the new English ministry have offered, through the minister of Russia, a cessation of arms to Holland, and a renewal of the treaty of 1674. M. de Berkenroode seemed to be of opinion that the offer was intended to gain time, to obstruct the concert of operations with France for the ensuing campaign, and to prevent the conclusion of a treaty with America : it is apprehended that it may have some effect in strengthening the hands of the English party in that country, and retard affairs a little, but it is hoped that the proposal will not be finally agreed to. It would indeed render the Dutch ridiculous. A. having a cane in his hand meets his neigh- bour B. who happens to have none, takes the advantage, and gives him a sound drubbing : B. having found a stick, and coming to return the blows he received ; A. says, my old friend, why should we quarrel ? We are neighbours, let us be good ones) and live peaceably by each other as we used to do. ff B. is so easily satisfied, and lays aside his stick, the rest of the neighbours as well as A. will laugh at him. This is the light in which I stated it. Enclosed I send you a copy of the proposition. I see by the newspapers that the Spaniards having taken a little post called St. Joseph, pretend to have made a conquest of the llinois country. In what light does this proceeding appear to congress ? While they decline our offered friendship, are they to be suffered to encroach on our bounds, and shut us up within the Apalachian moun- tains ? I begin to fear they have some such project. PART III, OF BENJAMIN FRANKLIN. 115 With great esteem, I have the honour to be, Sir, ybur most obedient and most humble servant, B. Franklin. To the Hon. Henry Laurens, Esg. Sir, Passy, April 12, 1782. 1 should sooner have paid my respects to you by letter, if I had not till lately expected you here, as 1 understood it to be your intention. Your enlargement gave me great pleasure ; and I hope that the terms exacted by the late ministry, will now be relaxed ; especially when they are informed that you are one of the commissioners appointed to treat of peace. Herewith I send you a copy of the commission ; the purport of which you can com- municate to the ministers, if you find it proper. If they are disposed to make peace with us and our allies at the same time, I will on notice from you send to Mr. Jay, to prepare for meeting at such time and place as shall be agreed on. As to our treating separately and quitting our present alliance, which the late ministry seemed to desire, it is impossible. Our treaties, and our instructions, as well as the honour and interest of our country forbid it. I will communicate those instructions to you as soon as I have the pleasure of seeing you. If you have occasion for money, please to acquaint me with the sum you desire, and I will endeavour to supply you. With very great esteem and respect, I have the honour to be, Sir, &c. B. Franklin. 116 PRIVATE CORRESPONDENCE PART III. COMMISSION to Messrs. Adams, Franklin, Jay, Laurens, and Jefferson. The United States of America in Congress assembled ; To all to whom these presents shall come, send greeting. Whereas these United States from a sincere desire of putting an end to the hostilities between his most Christian Majesty and these United States on the one part, and his Britannic Majesty on the other, and of terminating the same by a peace founded on such solid and equitable principles as reasonably to promise a permanency of the blessings of tranquillity, did heretofore appoint the Hon. John Adams, late a commissioner of the United States of America at the Court of Versailles, late delegate in Congress from the state of Massachusetts, and chief justice of the said state, their minister plenipotentiary, with full powers, general and special, to act in that quality, to confer, treat, agree and conclude with the ambassadors or plenipotentiaries of his most Christian Majesty, and of his Britannic Majesty, and those of any other princes or states whom it might concern, relating to the re- establishment of peace and friendship. And whereas, the flames of war have since that time been extended, and other nations and states are involved therein : Now know ye, that we still continu- ing earnestly desirous as far as depends upon us, to put a stop to the effusion of blood, and to convince the powers of Europe that we wish for nothing more ardently than to terminate the war by a safe and honorable peace, have thought proper to renew the powers formerly given to the said John Adams, and to join four other persons in commission with him, and having full confidence in the integrity, prudence, and ability of the Hon. Benjamin Franklin, our minister plenipotentiary at the Court of Versailles ; and the Hon. John Jay, late president of Congress, and chief jus- tice of the state of New-York, and our minister plenipotentiary at the Court of Madrid ; and the Hon. Henry Laurens, formerly president of Congress, and commissionated and sent as our agent to the United Provinces of the Low Countries ; and the Hon. Thomas Jefferson, governor of the commonwealth of Virginia ; PART III. OF BENJAMIN FRANKLIN. 117 have nominated, constituted, and appointed the said Benjamin Franklin, John Jay, Henry Laurens, and Thomas Jefferson, in addition to the said John Adams, giving and granting to them the said John Adams, Benjamin Franklin, John Jay, Henry Laurens, and Thomas Jefferson, or the majority of them, or of such, of them as may assemble, or in case of the death, absence, indisposition, or other impediment of the others, to any one of them, full power and authority, general and special commission to repair to such place as may be fixed upon for opening the negotiations for peace, and there for us, and in our name, to confer, treat, agree, and conclude, with the ambassadors, commissioners, and plenipoten- tiaries of the princes and states whom it may concern, vested with equal powers, relating to the establishment of peace; and what- soever shall be agreed and concluded for us and in our name, to sign, and thereupon make a treaty or treaties, and to transact every thing that may be necessary, for completing, securing, and strengthening the great work of pacification, in as ample form and with the same effect as if we were personally present and acted therein ; hereby promising in good faith, that we will accept, ratify, fulfil and execute, whatever shall be agreed, concluded, and signed by our said ministers plenipotentiary, or a majority of them, or of such of them as may assemble, or in case of the death, absence, indisposition, or other impediment of the others, by any one of them ; and that we will never act, nor suffer any person to act contrary to the same, in whole or in any part. In witness whereof we have caused these presents to be signed by our presi- dent, and sealed with his seal. Done at Philadelphia the fifteenth day of June, in the year of our Lord one thousand seven hundred and eighty-one, and in the fifth year of our independence, by the United States in Congress assembled. (Signed,) Samuel Huntington, (L. S.) President. Attest. (Signed,) Charles Thomson, Secretary. 118 PRIVATE CORRESPONDENCE PART III, Communication from the Court of France to Dr. Frank- lin, on the overtures for a separate Treaty. A Versailles, le 12 Avril, 1782. J'ai mis sous les yeux de M. le Comte de Vergennes, Monsieur, les differentes lettres que M. Hart- ley vous a ecrites ainsi que votre projet de r6ponse ; ce ministere a donne une entiere approbation & la maniere dont vous vous exprimez. Je joins iei un post-scriptum concernant M. Forth ; M. le Comte de Vergennes, qui en a pris lecture, trouve que vous pouvez sans inconve- nient le transmettre a votre correspondant. J'ai Thonneur d'etre avec un tres sincere attachement, Monsieur, votre tres humble et tres obeissant serviteur, (signe) De Rayneval. P. S. Depuis ma lettre ecrite, Monsieur, j'ai pes6 de nouveau les differentes ouvertures qu'elle renferme. Se- lon vous Pancien ministere Anglois desiroit sincerement une reconciliation avec nous, et il nous proposoit dans cette vue une paix separ6e. Tandis que vous me trans- mettiez ce voeu du Lord North, cet ex-ministre avoit ici un 6missaire charg6 de sonder le ministere Francois sur ses dispositions pacifiques, et de lui faire des propositions fort avantageuses. Vous pouvez juger par-la, Monsieur, de Topinion que je dois avoir des intentions du Lord North et de ses collegues. Pour vous convaincre de la verite de la notion que je vous transmets, je vous contierai que P6missaire 6toit un M. Forth, et qu'on Pa charge ici de repondre aux ministres Anglois, que le Roi de France desiroit la paix autant que le Roi d'Angleterre ; qu'il s'y preteroit des qu'il le pourroit avec dignity et surete ; mais PART III. OF BENJAMIN FRANKLIN. 119 qu'il importoit avant tout a S. M. T. C. de savoir si la cour de Londres 6toit disposee a traiter 6galement avec les Allies de la France. M. Forth est parti avec cette reponse pour Londres ; mais il y a apparence qu'il ne sera arrive qu'apr^s la r^traite des ministres qui l'avoient en- voy^. Vous pourrez, Monsieur, sans aucun inconvenient faire usage de ces details, si vous le jugez a propos : ils feront connoitre au ministere actuel les principes de la cour de France, et ils le convaincront, j'espere, que le projet de nous desunir seroit aussi illusoire qu'il nous seroit injurieux. Quant au probleme remis a M. Forth, je ne saurois prevoir (si les nouveaux ministres en sont instruits) de quelle maniere ils croiront devoir le resoudre ; s'ils aiment la paix, comme ils l'ont persuade a la nation Angloise et a toute TEurope, ils ne doivent pas etre em- barrasses : la France leur a ouvert une voie qu'ils peuvent, selon moi, suivre sans blesser la dignite de leur maitre ; s'ils ne la suivent pas, ils se flattent sans doute que le sort des armes procurera a TAngleterre des succes qu'il leur a refus6 jusqu'a present ; ce sera a la Providence a cou- ronner ou a frustrer leurs esperances. To David Hartley, Esq. M. P. Dear Sir, Passy, April IS, 1782. Since mine of the 5th I have thought far- ther of the subject of our late letters. You were of opinion, that the late minister desired sincerely a recon- ciliation with America, and with that view a separate peace with us was proposed. It happened that at the same time Lord North had an emissary here to sound the French ministers with regard to peace, and to make them 1'20 PRIVATE CORRESPONDENCE PART 111. very advantageous propositions in case they would aban- don America. You may hence judge, my dear friend, what opinion I must have formed of the intentions of your ministers. To convince you of the truth of this, I may acquaint you that the emissary was a Mr. Forth ; and that the answer given him to carry back to the English ministers was, que h rot de France desiroit la paix autant que le rot d 'Angleterre ; qu'il sy priteroil des qu'il le pourroit avec dignite et surete ; mais qu'il importoit avant tout a S. M. T. C. de savoir si la cour de Londres eloit disposee a traiter egalement avec les allits de la France. Mr. Forth went off with this answer for London, but probably did not arrive till after the dismission of the ministers that sent him. You may make any use of this information as you judge proper. The new ministry may see by it the principles that govern this court ; and it will convince them, I hope, that the project of dividing us is as vain as it would be to us injurious. I cannot judge what they will think or do in consequence of the answer sent by Mr. Forth (if they have seen it.) If they love peace, as they have persuaded the English nation and all Europe to believe, they can be under no difficulty. France has opened a path which in my opinion they may use, without hurting the dignity of their master, or the honour of the nation. If they do not choose it, they doubtless flatter themselves that war may still produce successes in favour of England that have hitherto been withheld. The crowning or frustrating such hopes belongs to Divine Providence : may God send us all more wisdom ! I am ever, my dear friend, yours most affectionately, B. Franklin. PART III. OF BENJAMIN FRANKLIN. 121 To his Excellency John Adams, Esq. Sir, Passy, Jpril 13, 1782. Inclosed with this X send to your Excel- lency the packet of correspondence between Mr. Hartley and me, which 1 promised in my last. You will see that we held nearly the same language, which gives me pleasure. While Mr. Hartley was making propositions to me, with the approbation or privity of Lord North to treat separately from France, that minister had an emissary here, a Mr. Forth, formerly a secretary of Lord Sformont's, making proposals to induce this court to treat without us. I understand that several sacrifices were offered to be made, and among the re6t Canada to be given up to France. The substance of the answer appears in my last letter to Mr. Hartley. But there is a sentence omitted in that letter which I much liked, viz. " that whenever the two crowns should come to treat, his Most Christian Majesty would show how much the engagements he might enter into, were to be relied on, by his exact observance of those he already had with his present allies." If you have received any thing in consequence of your answer by Digges, you will oblige me by communicating it. The ministers here were much pleased with the ac- count given them of your interview by the ambassador. With great respect, I am, Sir, your Excellency's, &c. B. Franklin. I 122 PRIVATE CORRESPONDENCE PART III. From David Hartley, Esq. M. P. to Dr. Franklin. My Dear Friend, London, May 1, 1782. I have received a packet from you con- taining several letters of various dates. As I shall pro- bably have a safe opportunity of conveyance to you when Mr. Laurens leaves this country, I am now sitting down to write to you an omnium kind of letter of various matters as they occur. The late ministry being departed, I may now speak of things more freely. I will take a sentence in one of your letters for my text. Vide yours of April 13, 1782, in which you say : you was of opinion that the late ministry desired sincerely a reconciliation with America, and with that view a separate peace with us was proposed. I must qualify this sentence much, before I can adopt it as my opinion. As to reconciliation , I never gave much credit to them for that wish. 1/ is a sweet expression. It certainly means more than peace. The utmost I ever gave the late ministry credit for, was a wish for peace. And I still believe that the wisest among them grew from day to day more disposed to peace or an abatement of the war, in proportion as they became more alarmed for their own situations and their respopsibility. Had the war been more successful, I should not have expected much relenting towards peace or reconciliation. That this has always been the measure of my opinion of them, I refer you to some words in a letter from me to you, dated January 5, 1780, for proof — " but for the point of sin- cerity ; why as to that I have not much to say ; I have at least expected some hold upon their prudence. My argu- ment runs thus : It is a bargain for you (ministers) to be PART HI. OF BENJAMIN FRANKLIN. 123 sincere now. Common prudence may hint to you to look to yourselves. It has amazed me beyond measure, that this principle of common selfish 'prudence has not had the effect which I expected. " I have not been disposed to be deceived by any conciliatory professions which I con- sidered only as arising from prudence, and 1 hope that I have not led you into any deception, having so fully ex- plained myself to you on that head. Had the American war been more prosperous on the part of the late ministry, 1 do not believe the late resignation would have taken place. But it is evident from the proposition to the court of France which you have communicated to me, (and which I have communicated to the present ministry with your letter) that even to the last hour, some part of the late ministry were still set upon the American war to the last extremity ; and probably another more prudent part of the ministry would proceed no farther ; which, if it be so, may reasonably be imputed as the cause of the dissolution of the late ministry. These have been the arguments which I have always driven and insisted upon with the greatest expectation of success, viz. prudential arguments from the total impracticability of the war ; responsibility, &c. I have been astonished beyond mea- sure, that these arguments have not sooner had their effect. If I could give you an idea of many conferences which I have had upon the subject, I should tell you, that many times Felix has trembled. When reduced by the terror of responsibility either to renounce the American war, or to relinquish their places, they have chosen the latter ; which is a most wretched and contemptible retribution either to their country or to mankind, for the desolation in which they have involved every nation that they have 124 PRIVATE CORRESPONDENCE PART 111. ever been connected with. Peace they would not leave behind them. Their legacy to their country, and to man- kind has been ; let darkness be the burier of the dead ! As to the proposal of a separate peace arising from a desire Of reconciliation, it certainly was so on the part of the people of England, but on the part of the late ministry, it probably arose from the hopes of suggesting to France ideas of some infidelity on the part of America towards them. If you should ask me, why I have seemed to con- spire with this, my answer is very plain. In the first place, if I could have prevailed with the late ministry to have actually made an irrevocable offer, on their own parts, of a separate peace to America, that very offer would in the same instant have become on their part also a consent to a general peace ; because they never had any wish to a separate contest with France, and America being out; of the question, they would have thought of nothing after that but a general peace. I never could bring them even to this. They wished that America should make the offer of a separate treaty (for obvious views). My proposal was, that they should offer irrevocable terms of peace to America. If they had meant what they pretended, and what the people of England did really desire, they would have adopted that proposition. Then the question would have come forward upon the fair and honourable construc- tion of a treaty between France and America, the essential and direct end of which was fully accomplished. When I speak of Great Britain offering irrevocable terms of peace to America, I mean such terms as would have effectually satisfied the provision of the treaty, viz. tacit independence. I send you a paper intitled a Breviate, 1 which I laid be- -■ . , - i 1 M " 1 Vide the same following this letter. PART III. OF BENJAMIN FRANKLIN. ]<25 fore the late ministry, and their not having acted upon it, was a proof to me that the disposition of their heart to America was not altered, but that all their relenting arose from the impracticability of that war, and their want of success in it. But desponding as they were at last, it was not inconsistent with my expectations of their conduct, that they should make great offers to Fiance to abandon America. It was the only weapon left in their hands. In course of negociating with the late ministry I perceived their courage drooping from time to time, for the last three or four years, and it was upon that ground I gave them credit for an increasing disposition towards peace. Some dropped off ; others sunk under the load of folly ; and at last they all failed. My argument ad homines to the late ministry, might be stated thus. If you don't kill them, 1 they will kill you. But the war is impracticable on your part ; ergo, the best thing you can do for your own sake is to make peace. This was reasoning to men, and through men to things. But there is no measure of rage in pride and disappointment, Spicula caca relinquunt Infixa vents, animasquc in vulnere ponunt. So much for the argument of the Breviate as far as it re- spected the late ministry. It was a test which proved that they were not sincere to their professions. If they had been in earnest to have given the war a turn towards the house of Bourbon, and to have dropped the American war, a plain road lay before them. The sentiment of the people of England was conformable to the argument of that breviate ; or rather I should say what is the real truth, that the argumeut of the breviate was dictated by the no- 126 PRIVATE CORRESPONDENCE PART III. toriety of that sentiment in the people of England. My object and wish always has been to strike at the root of the evil, the American war. If the British nation have jealousies and resentments against the house of Bourbon, yet still the first step in every case would be to rescind the American war, and not to keep it lurking in the rear, to become hereafter, in case of certain events, a rever- sionary war with America for unconditional terms. This reversionary war was never the object of the people of England : therefore the argument of the breviate was calculated bona fide to accomplish their views, and to dis- criminate the fallacious pretences of the late administra- tion from the real wishes of the country, as express- ed in the circular resolution of many counties in the year 1780, first moved at York on March 28, 1780. Every other principle and every mode of conduct only imply, as you very justly express it, a secret hope that war may still produce successes, and then — . The designs which have been lurking under this pretext could not mean any thing else than this. Who knows but that we may still talk to America at last. The only test of clear inten- tions would have been this, to have cut up the American war and all possible return to it for any cause, or under any pretext. I am confident that the sentiment of the people of England is and always has been to procure peace and reconciliation with America, and to vindicate the na- tional honour in the contest with the house of Bourbon. If this intention had been pursued in a simple and direct manner, I am confident that the honour and safety of the British nation would long ago have been established in a general peace with all the belligerent powers. These are the sentiments to which I have always acted in those ne- PART III. OF BENJAMIN FRANKLIN. 127 gociations which I have had upon the subject of peace with the late ministry. Reconciliation with America and peace with all the world upon terms consistent with the honour and safety of my own country. Peace must be sought in such ways as promise the greatest degree of practicability. The sentiments of indi- viduals as philanthropists may be overborne by the power of ancient prejudices which too frequently prevail in the aggregates of nations. In such case the philanthropist who wishes the good of his own country, and of mankind, must be the bull-rush bending to the storm, and not the sturdy oak unavailingly resisting. National prejudices are, I hope, generally upon the decline. Reason and hu- manity gain ground every day against their natural ene- mies, folly and injustice. The ideas of nations being natural enemies to each other are generally reprobated. But still jealousies and ancient rivalships remain, which obstruct the road to peace among men. If one bellige- rent nation will entertain a standing force of three or four hundred thousand fighting men, other nations must have defended frontiers and barrier towns, and the barrier of a neighbouring island whose constitution does not allow a standing military force, must consist in a superiority at sea. It is necessary for her own defence. If all nations bj mutual consent will reduce their offensive powers, which they only claim under the pretext of necessary defence, and bring forward the reign of the Millenium ; then away with your frontiers and barriers, and your Gibraltars, and the key of the Baltic, and all the hostile array of na- tions. Aspera compositis mitescant sacula btllii. These must be the sentiments of every philanthropist in 128 PRIVATE CORRESPONDENCE PART HI. his interior thoughts. But if we are not to seek peace by some practicable method accommodated to the remaining prejudices of the multitude, we shall not in our time, I fear, see that happy day. If Great Britain and France are ancient rivals ; then, until the reign of the Millenium shall approach, arrange that rivalship upon equitable terms; as the two leading nations of Europe, set them in balance to each other ; the one by land, the other by sea. Give to Fiance her elevated rank among the nations of Europe. Give to Great Britain the honour of her flag,and the secu- rity of her island by her wooden walls, and there would be no obstruction to general and perpetual peace. The pre- judices of disrespect between nations prevail only among the inferior ranks. Believe me, for one at least, I have the highest sentiments of respect for the nation of France. I have no other sentiments of hostility but what are ho- nourable towards them, and which as a member of a rival state at war with them, consists in the duty of vigilance which I owe towards the honour and interests of my own country. I am not conscious of a word or a thought which on the point of honour 1 would wish to have con- cealed from a French minister. In the mode which I have proposed of unravelling the present subjects of jea- lousy and contest, I would make my proposals openly to Frauce herself. Let America be free, and enjoy happi- ness and peace for ever. If France and Great Britain have jealousies or rivalships between themselves as Euro- pean nations, I then say to France ; let us settle these points between ourselves ; if uufortunately we shall not be able by honourable negociation to compromise the indis- pensable points of national honour and safety. This would be my language to France, open and undisguised. PART III. OF BENJAMIN FRANKLIN. 129 In the mean while I desire you to observe that it would not be with reluctance that I should offer eternal freedom, happiness and peace to America. You know my thoughts too well to suspect that. I speak only as in a state of war desirous to arrange the complicated interests and to secure the respective honour of nations. My wishes are and always have been for the peace, liberty and safety of mankind. In the pursuit of those blessed objects not only this country and America, but France herself and the house of Bourbon, may justly claim the conspiring exer- tions of every free and liberal mind, even among their temporary enemies and rivals. I am, &c. D. Hartley. [Inclosed in the Letter of D. Hartley, Esq. of May 1, 1782.] Breviate, Feb. 7, 1782. \t is stated that America is disposed to en- ter into a negociation of peace with Great Britain with- out requiring any formal recognition of Independence ; always understood that they are to act in conjunction with their allies, conformable to treaties. It is therefore recommended to give for reply that the ministers of Great Britain are likewise disposed to enter into a negociation for peace, and that they are ready to open a general treaty for that purpose. If the British ministers should see any objection to a ge- neral treaty, but should still be disposed to enter into a separate treaty with America, it is then recommended to them to offer such terms to America as shall induce her to apply to her allies for their consent that she should be permitted to enter into a separate treaty with Great Britain. The Vol. ii. 1 130 PRIVATE CORRESPONDENCE PART lit, condition of which being the consent of allies, no propo- sition of any breach of faith can be understood to be re- quired by them by the requisition of a separate treaty. The British ministers are free to make any propositions to America which they may think proper, provided they be not dishonourable in themselves, which in the present case is barred by the supposition of consent being obtained. In this case therefore if they should be inclined to offer a separate treaty it is recommended to them to offer such terms to America, as should induce her to be desirous of closing with the proposal of a separate treaty on the grounds of national security and interests, and likewise such as may constitute to them a case of reason and justice upon which they may make requisition to their allies for their consent. It is suggested that the offer to America of a truce of sufficient length, together with the removal of the British troops, would be equivalent to that case which is provided for in the treaty of February 6, 1778, between America and France, viz. tacit independence ; and the de- clared ends of that alliance being accomplished it would not be reasonable that America should be dragged on by their allies in a war, the continuance of which between France and Great Britain could only be caused by sepa- rate European jealousies and resentments (if unfortunately for the public peace any such should arise) between them- selves, independent and unconnected with the American cause. It is to be presumed that France would not in point of honour to their allies refuse their consent so re- quested, as any rivalship or punctilios between her and Great Britain, as European nations (principles which too frequently disturb the peace of mankind), could not be considered as casus fader is of the American alliance ;. and PART III. OF BENJAMIN FRANKLIN. 131 their pride as a belligerent power would not permit them to claim the assistance of America as necessary to their support, thereby proclaiming their nation unequal to the contest in case of the continuance of a war with Great Britain after the settlement and pacification with America. Their consent therefore is to be presumed. But if they should demur on this point, if Great Britain should be dis- posed to concede tacit independence to America by a long truce and the removal of the troops, and if the obstruction should evidently occur on the part of France, under any equivocal or captious construction of a defensive treaty of alliance between America and France, Great Britain would from thenceforward stand upon advantage ground, either in any negociation with America, or in the continuance of a war including America, but not arising from any farther resentments of Great Britain towards America, but im- posed reluctantly upon both parties by the conduct of tke Court of France. These thoughts are not suggested with any view of giv- ing any preference in favour of a separate treaty above a general treaty, or above any plans of separate but con- comitant treaties, like the treaties of Munster and Osna- burgh, but only to draw out the line of negociating a sepa- rate treaty in case the British ministry should think it ne- cessary to adhere to that mode. But in all cases it should seem indispensable to express some disposition on the part of Great Britain to adopt either one mode or the other. An absolute refusal to treat at all must necessarily drive America into the closest connexion with France and all other foreign hostile powers, who would take that advan- tage for making every possible stipulation to the future disadvantage of British interests, and above all things Avduld 132 PRIVATE CORRESPONDENCE PART III. probably stipulate that America should never make peace with Great Britain without the most formal and explicit recognition of their Independence, absolute and unlimited. Private Journal of Proceedings, as kept by Dr. Franklin, relative to the Negociations for Peace between Great Britain and the United States of America, in the period between the 2 1 st March and 1st July 1782. • Passy, May 9, 1782. As since the change of ministry in England, some serious professions have been made of their disposi- tion to peace, and of their readiness to enter into a general treaty for that purpose ; and as the concerns and claims of five nations are to be discussed in that treaty, which must therefore be interesting to the present age and to posterity, I am inclined to keep a journal of the proceedings as far as they come to my knowledge, and to make it more com- plete will first endeavour to recollect what has already past. Great affairs sometimes take their rise from small cir- cumstances. My good friend and neighbour Madame Brillon being at Nice all last winter for her health, with her very amiable family, wrote to me that she had met with some English gentry there whose acquaintance proved agreeable ; among them she named Lord Cholmondeley, who she said had promised to call in his return to Eng- land,, and drink tea with us at Passy. He left Nice sooner than she supposed, and came to Paris long before her. On the 21st of March I received the following note. " Lord Cbolmondeley's compliments to Dr. Franklin, y> ART III. OF BENJAMIN FRANKLIN. 133 he sets out for London to-morrow evening, and should be glad to see him for five minutes before he went. Lard C. will call upon him at any time in the morning he shall please to appoint. Thursday Evening, Hotel de Chartres." I wrote for answer that I should be at home all the next morning, and glad to see his Lordship, if he did me the honor of calling upon me. He came accordingly. I had before no personal knowledge of this nobleman. We talked of our friends whom he left at Nice, then of affairs in England, and the late resolutions of the Commons on Mr. Conway's motion. He told me that he knew Lord Shelburne had a great regard for me, and he was sure his Lordship would be pleased to hear from me, and that if 1 would write a line he should have a pleasure in carrying it. On which I wrote the following. l± < To Lord Shelburne. ■ Passy, March 9,% 1782. Lord Cholmondeley having kindly offered to take a letter from me to your Lordship, I embrace the opportunity of assuring the continuance of my ancient respect for your talents and virtues, and of congratulating you on the returning good disposition of your country in favour of America, which appears in the late resolutions of the Commons. I am persuaded it will have good effects. I hope it will tend to produce a general peace, which I am sure your Lordship with all good men desires, which I wish to see before I die, and to which I shall with infinite pleasure contribute every thing in my power* 134 PRIVATE CORRESPONDENCE PART III. Your friends the Abbe Morellet, and Madame Helvetius are well. With great and sincere esteem, I have the honour to be, my Lord, your Lordship's most obedient and most humble servant, B. Franklin. Soon after this we heard from England that a total change had taken place in the ministry, and that Lord Shelburne was come in as Secretary of State. But I thought no more of my letter till an old friend and near neighbour of mine, many years in London, 1 appeared at Passy, and introduced a Mr. Oswald, who he said had a great desire to see me ; and Mr. Oswald after some little conversation gave me the following letters from Lord Shelburne, and Mr. Laurens. Dear Sir, London, April 6, 1782. I have been favoured with your letter, and am much obliged by your remembrance. I find myself returned nearly to the same situation, which you remember me to have occupied nineteen years ago, and should be very glad to talk to you as I did then, and afterwards in 1767, upon the means of promoting the happiness of mankind ; a subject much more agreeable to my nature, than the best concerted plans for spreading misery and de- vastation. I have had a high opinion of the compass of your mind, and of your foresight. 1 have often been beholden to both, and shall be glad to be so again, so far as is compa- tible with your situation. Your letter discovering the same disposition has made me send to you Mr. Oswald. I have had a longer acquaintance with him, than even I have had the pleasure to have with you. I believe him an honest man, * Caleb Whiteford, Esq. I»ART III. OF BENJAMIN FRANKLIN. ]$» and after consulting some of our common friends, I have thought him the fittest for the purpose. He is a practical man, and couversant in those negociations, which are most interesting to mankind. This has made me prefer him to any of our speculative friends, or to any person of higher rank. He is fully apprized of my mind, and you may give full credit to every thing he assures you of. At the same time if any other channel occurs to you, I am ready to embrace it. I wish to retain the same simplicity and good faith, which subsisted between us in transactions of less importance. I have the honour to be, with great and sincere esteem, dear Sir, your faithful and most obedient servant, Shelburne. From Henry Laurens, Esq. to Dr. Franklin. Dear Sir, London, April 7, 1782. Richard Oswald, Esq. who will do me . the honour of delivering this, is a gentleman of the strict- est candor and integrity. I dare give such assurance from an experience little short of thirty years ; and to add, you will be perfectly safe in conversing freely with him on the business which he will introduce ; a business in which Mr. Oswald has disinterestedly engaged from motives of bene- volence ; and from the choice of the man a persuasion follows that the electors meau to be in earnest. Some people in this country, who have too long indulged them- selves in abusing every thing American, have been pleased to circulate an opinion that Dr. Franklin is a very cunning man ; in answer to which I have remarked to Mr. Oswald, " Dr. Franklin knows very well bow to manage a cunning man, but when the doctor converses or treats with a man 156 PRIVATE CORRESPONDENCE PART 111. of candor, there is no man more candid than himself." 1 do not know whether you will ultimately agree in political sketches, but I am sure, as gentlemen, you will part very well pleased with each other. ::;*>J*iixujd. Should you, Sir, think it proper to communicate to me your sentiments and advice on our affairs, the more ample the more acceptable, and probably the more serviceable. Mr. Oswald will take charge of your dispatches, and afford a secure means of conveyance ; to this gentleman I refer you for general information of a journey which I am immediately to make partly in his company ; at Ostend to file off for the Hague. I feel a willingness, infirm as I am, to attempt doing as much good as can be expected from such a prisoner on parole. As General Burgoyne is certainly exchanged, (a circumstance by the bye which possibly might have embarrassed us had your late propo- sition been accepted,) may I presume at my return to offer another Lieutenant General now in England a prisoner upon parole, in exchange ; or, what shall I offer in Eng- land for myself, a thing in my own estimation of no great value? I have the honour to be, with great respect, and permit me to add, great reverence, Sir, your faithful fel- low labourer and obedient servant, Henry Laurens. I entered into conversation with Mr. Oswald. He was represented in the letter as fully apprized of Lord Shel- burne's mind, and I was desirous of knowing it. All I could learn was, that the new ministry sincerely wished for peace; that they considered the object of the war to France and America as obtained. That if the Indepen- dence of the United States was agreed to, there was no PART III. OF BENJAMIN FRANKLIN. 137 other point in dispute, and therefore nothing left to hinder a pacification. That they were ready to treat of peace, but intimated that if France should insist upon terms too humiliating to England, they could still continue the war, having yet great strength and many resources left. I let him know that America would not treat but in concert with France, and that my colleagues not being here, I could do nothing of importance in the affair ; but that if he pleased I would present him to M. de Veigennes, Secretary of State for Foreign Affairs. He consenting, I wrote and sent the following letter. a»o ftfirtrf lii&m .ajM To M. LE COMTE DIE VeRGENNES, Minister for Foreign Affairs, #c. Versailles. Sir, P assy, April 15, 1782. An English nobleman, Lord Cholmondeley, lately returning from Italy called upon me here, at the time when we received the news of the first resolutions of the House of Commons relating to America. In conver- sation he said, that he knew his friend Lord Shelburne had a great regard for me, that it would be pleasing to him to hear of my welfare, and to receive a line from me, of which he, Lord Cholmondeley, should like to be the bearer ; adding, that if there should be a change of minis- try he believed Lord Shelburne would be employed. I thereupon wrote a few lines of which I inclose a copy." This day I received an answer which I also inclose,* to- gether with another letter from Mr. Laurens. 3 They both, as your Excellency will see, recommend the bearer Mr. ..' See Page 133. * Page 134. 3 Page 135. 138 PRIVATE CORRESPONDENCE PART III. Oswald, as a very honest sensible man. I have had a little conversation with him. He tells me, that there has been a desire of making a separate peace with America, and of continuing the war with France and Spain, but that now all wise people give up that idea as impracticable, and it is his private opinion that the ministry do sincerely desire a general peace, and that they will readily come into it, provided France does not insist upon conditions too humiliating for England ; in which case she will make great and violent efforts rather than submit to them, and that much is still in her power, &c. I told the gentle- man that 1 could not enter into particulars with him, but in concert with the ministers of this Court, and I pro- posed introducing him to your Excellency after communi- cating to you the letters he had brought me in case you should think fit to see him ; with which he appeared to be pleased. I intend waiting on you to-morrow, when you will please to acquaint me with your intentions and favour me with your counsels. He had heard nothing of Forth's mission and imagined the old ministry had not acquainted the new with that transaction. Mr. Laurens came over with him in the same vessel, and went from Ostend to Holland. I have the honor to be, &c. B. Franklin. The next day being at Court with the foreign ministers as usual on Tuesdays, I saw M. de Vergennes, who ac- quainted me that he had caused the letters to be translated, had considered the contents, and should like to see Mr. Oswald. We agreed that the interview should be on Wednesday at 10 o'clock. Immediately on my return home, I wrote to Mr. Os- PART III. OF BENJAMIN FRANKLIN. 139 wald, acquainting him with what had passed at Versailles, and proposing that he should be with me at half-past eight the next morning in order to proceed thither. I received from him the following answer. Sir, I have the honor of yours by the bearer, and shall be sure to wait on you to-morrow at half-past eight, i am with much respect, Sir, your most obedient humble servant, Richard Oswald. Paris, \6th ApriL He came accordingly, and we arrived at Versailles punctually. M. de Vergennes received us with much civility. Mr. Oswald not being ready in speaking French, M. de Rayneval ' interpreted. The conversation continued near an hour. Mr. Oswald at first thought of sending an express with an account of it, and was offered a passport, but finally concluded to go himself ; and I wrote the next day to Lord Shelburne the letter following. My Lord, Passy, April 18, 1782. I have received the letter your Lordship did me the honor of writing to me the 6th instant. I con- gratulate you on your new appointment to the honorable and important office you formerly filled so worthily ; an office which must be so far pleasing to you as it affords you more opportunities of doing good and of serving your country essentially in its great concerns. I have con- versed a good deal with Mr. Oswald, and am much pleased with him. He appears to me a wise and honest man. I acquainted him, that I was commissioned with — . t 1 Under Secretary for foreign affairs. 140 PRIVATE CORRESPONDENCE PART II. others to treat of and conclude a peace. That full powers were given us for that purpose, and that the Congress promised in good faith to ratify, confirm, and cause to be faithfully observed, the treaty we should make : but that we would not treat separately from France, and I pro- posed introducing him to M. le Comte de Vergennes, to whom I communicated your Lordship's letter containing Mr. Oswald's character, as a foundation for the interview. He will acquaint you that the assurance he gave of his Britannic Majesty's good dispositions towards peace, was well received, and assurances returned of the same dispo- sitions in his most Christian Majesty. With regard to circumstances relative to a treaty, M. de Vergennes ob- served, that the King's engagements were such as that he could not treat without the concurrence of his allies ; that the treaty should therefore be for a general not a partial peace ; that if the parties were disposed to finish the war speedily by themselves, it would perhaps be best to treat at Paris, as an ambassador from Spain was already there, and the Commissioners from America might easily and soon be assembled there. Or if they chose to make use of the proposed mediation, they might treat at Vienna ; but that the King was so truly willing to put a speedy end to the war, that he would agree to any place the King of England should think proper. I leave the rest of the con- versation to be related to your Lordship by Mr. Oswald, and that he might do it more easily and fully than he could by letter, I was of opinion with him that it would be best to return immediately, and do it viva voce. Being myself but one of the four persons now in Europe commissioned by the Congress to treat of peace, I can make no propo- sition of such importance without them ; I can only ex- PART III. OF BENJAMIN FRANKLIN. 141 press my wish, that if Mr. Oswald returns hither, he may bring with him the agreement of your court to treat for a general peace, and the proposal of place and time, that I may immediately write to Messrs. Adams, Laurens, and Jay. I suppose that in this case your Lordship will think it proper to have Mr. Laurens discharged from the en- gagements he entered into when he was admitted to bail.* I desire no other channel of communication between us than Mr. Oswald, which I think your Lordship has chosen with much judgment. He will be witness of my acting with all the simplicity and good faith which you do me the honour to expect from me ; and if he is enabled when he returns hither to communicate more fully your Lordship's mind on the principal points to be settled, I think it may contribute much to the blessed work our hearts are en- gaged in. . By the act of parliament relative to American prisoners, I see the King is empowered to exchange them. I hope those you have in England and Ireland may be sent home soon to their country in flags of truce, and exchanged for an equal number of your people ; permit me to add that I think it would be well if some kindness were mixed in the transaction, with regard to their comfortable accommoda- tion on ship board ; as those poor unfortunate people have been long absent from their families and friends, and rather hardly treated. With great and sincere respect, I have the honour to be, my Lord, your Lordship's, &c. &c. B. Franklin. To the account contained in this letter of what passed in the conversation with the minister, 1 should add his frank declaration, that as the foundation of a good aud 142 PRIVATE CORRESPONDENCE PART 111. durable peace should be laid in justice, whenever a treaty was entered upon, he had several demands to make of justice from England. Of this, said he, 1 give you pre- vious notice. What those demands were, he did not par- ticularly say ; one occurred to me, viz. reparation for the injury done in taking a number of French ship* by sur- prize before the declaration of the preceding war, contrary to the law of nations. Mr. Oswald seemed to wish ob- taining some propositions to carry back with him, but M. de Vergennes said to him very properly ; n there are four nations engaged in the war against you, who cannot till they have consulted and know each other's minds, be ready to make propositions. Your court being without allies and alone, knowing its own mind, can express it immediately. It is therefore more natural to expect the first propositions from you." On our return from Versailles, Mr. Oswald took occa- sion to impress me with ideas, that the present weakness Of the government in England with regard to continuing the war, was owing chiefly to the division of sentiments about it. That in case Fiance should make demands too humiliating for England to submit to, the spirit of the nation would be roused, unanimity would prevail, and resources would not be wauting. He said there was no want of money in the nation ; that the chief difficulty lay in the finding out new taxes to raise it ; aud perhaps that difficulty might be avoided by shutting up the Exchequer, stopping the payment of the interest of the public funds, and applying that money to the support of the war. I made no reply to this, for I did not desire to discourage their stopping payment, which I considered as cutting the throat of their public credit, and a means of adding fresh PART III. OF BENJAMIN FRANKLIN. 143 exasperation against them with the neighbouring nations : such menaces were besides an encouragement with me, remembering the adage, that they who threaten are afraid. The neKt morning, when I had written the above letter to Lord Shelburne, I went with it to Mr. Oswald's lodg- ings, and gave it him to read before I sealed it, that in case any thing might be in it with which he was not satis- fied, it might be corrected ; but he expressed himself much pleased. Tn going to him, I had also in view the entering into a conversation, which might draw out some- thing of the mind of his court on the subject of Canada and Nova Scotia. I had thrown out some loose thoughts on paper, which I intended to serve as memorandums for my discourse, but without a fixed intention of showing them to him. On his saying that he was obliged to me for the good opinion I had expressed of him to Lord Shelburne in , my letter, and assuring that he had enter- tained the same of me ; I observed, that I perceived Lord S. placed great confidence in him, and as we had happily the same in each other, we might possibly by a free com- munication of sentiments, and a previous settling of our own minds on some of the important points, be the means of great good, by impressing our sentiments on the minds of those with whom they might have influence, and where their being received might be of importance. I then re- marked that his nation seemed to desire a reconciliation with America ; that 1 heartily wished the same thing ; that a mere peace would not produce half its advantages if not attended with a sincere reconciliation ; that to ob- tain this the party which had been the aggressors, and had cruelly treated the other, should show some marks of con- cern for what was past, and some disposition to make re- 144 PRIVATE CORRESPONDENCE PART III. paration : that perhaps there were things which America might demand by way of reparation, and which England might yield, but that the effect would be vastly greater if they appeared to be voluntary, and to spring from return- ing good-will ; that I therefore wished England would think of offering something to relieve them who had suf- fered by its scalping and burning parties ; lives indeed could not be restored nor compensated, but the villages and houses wantonly destroyed might be rebuilt, &c. I then touched upon the affair of Canada, and as in a former conversation he had maintained his opinion, that the giving up of that country to the English at the last peace had been a politic act in France, for that it had weakened the ties between England and her colonies, and that he him- self had predicted from it the late revolution ; I spoke of the occasions of future quarrels that might be produced by her continuing to hold it ; hinting at the same time, but not expressing it too plainly, that such a situation, to us so dangerous, would necessarily oblige us to cultivate and strengthen our union with France. He appeared much struck with my discourse ; and as I frequently looked at my paper, he desired to see it. After some little delay, I allowed him to read it. The following is an exact copy. NOTES OF CONVERSATION. te To make a peace durable, what may give occasion for future wars, should, if practicable, be removed. The territory of the United States and that of Ca- nada by long extended frontiers touch each other. The settlers on the frontiers of the American pro- PART III. OF BENJAMIN FRANKLIN. 145 vinces are generally the most disorderly of the people, who being far removed from the eye and controul of their respective governments, are more bold in committing offences against neighbours, and are for ever occasioning complaints, and furnishing matter for fresh differences between their states. By the late debates in parliament, and public writings, it appears that Britain desires a reconciliation with the Americans. It is a sweet word. It means much more than a mere peace, and it is heartily to be wished for. Nations make a peace whenever they are both weary of making war. But if one of them has made war upon the other unjustly, and has wantonly and unnecessarily done it great injuries, and refuses reparation ; though there may for the present be peace, the resentment of those injuries will remain, and will break out again in vengeance, when occasions offer. Those occasions will be watched for by one side, feared by the other ; and the peace will never be secure ; nor can any cordiality subsist between them. Many houses and villages have been burnt in Ame- rica, by the English and their allies the Indians. I do not know that the Americans will insist on reparation. Per- haps they may. But would it not be better for England to offer it ? Nothing would have a greater tendency to conciliate. And much of the future commerce and re- turning intercourse between the two countries may depend on the reconciliation. Would not the advantage of re- conciliation by such means be greater than the expence ? If then a way can be proposed which may tend to efface the memory of injuries, at the same time that it takes away the occasions of fresh quarrels and mischief, Vol. II. K 346 PRIVATE CORRESPONDENCE PART III. will it not be worth considering, especially if it can be done not only without expence, but be a means of saving. Britain possesses Canada. Her chief advantage from that possession consists in the trade for peltry. Her ex- pences in governing and defending that settlement must be considerable. It might be humiliating to her to give it up on the demand of America. Perhaps America will not demand it. Some of her political rulers may consider the fear of such a neighbour as a means of keeping the thirteen States more united among themselves, and more attentive to military discipline. But in the mind of the people in general, would it not have an excellent effect if Britain should voluntarily offer to give up that province ; though on these conditions, that she should in all time coming have and enjoy the right of free trade thither unin- cumbered with any duties whatsoever ; that so much of the waste lands there shall be sold as will raise a sum suf- ficient to pay for the houses burnt by the British troops and their Indians, and also to indemnify the Royalists for the confiscation of their estates. This is mere conversation matter between Mr. O. and Mr. F. as the former is not empowered to make pro- positions, and the latter cannot make any without the con- currence of his colleagues." He then told me that nothing in his judgment could be clearer, more satisfactory, and convincing than the reasonings in that paper ; that he would do his utmost to impress Lord Shelburne with them ; that as his memory might not do them justice, and it would be impossible for him to express them so well, or state them so clearly as I had written them, he begged I would let him take the PART III. OF BENJAMIN FRANKLIN. 147 paper with him, assuring me that he would return it safely into my hands. I at length complied with this request also. We parted exceeding good friends, and he set out for London. By the first opportunity afterwards. I wrote the follow- ing letter to Mr. Adams, and sent the papers therein men- tioned, that he might be fully apprized of the proceedings. I omitted only the paper of notes for conversation with Mr. Oswald, but gave the substance as appears in the letter. The reason of my omitting it was, that on reflec- tion, I was not pleased with my having hinted a reparation to the Tories for their forfeited estates ; and I was a little ashamed of my weakness in permitting the paper to go out of my hands. Sir, Passy, April 20, 1782. I hope your Excellency received the copy of our instructions which I sent by the courier from Ver- sailles some weeks since. I wrote to you on the 13th to go by Capt. Smedley, and sent a packet of correspondence with Mr. Hartley. Smedley did not leave Paris so soon as I expected : but you should have it by this time. With this I send a fresh correspondence which I have been drawn into, viz. 1 . A letter I sent to Lord Shelburne before he was minister. 2. His answer by Mr. Oswald since he was minister. 3. A letter from Mr. Laurens. 4. My letter to M. de Vergennes. 5. My answer to Lord Shelburne. 6. My answer to Mr. Laurens. 7- Copy of Digges's report. These papers will inform you pretty well of what passed between me and Mr. Oswald, except that in a conversation at parting I mentioned to him, that I observed they spoke much in England of ob- 148 PRIVATE CORRESPONDENCE PART III. taining a reconciliation with the colonies ; that this was more than a mere peace ; that the latter might possibly be obtained without the former ; that the cruel injuries wantonly done us by burning our towns, &c. had made deep impressions of resentment that would long remain ; that much of the advantage to the commerce of England from a peace, would depend on a reconciliation ; that the peace without a reconciliation would probably not be durable ; that after a quarrel between friends, nothing tended so much to conciliate, as offers made by the aggressor of reparation for injuries done by him in his passion. And I hinted if England should make us a voluntary offer of Canada expressly for that purpose, it might have a good effect. Mr. Oswald liked much the idea, said they were too much straitened for money to make us pecuniary reparation, but he should endeavour to persuade their doing it in this way. He is furnished with a passport to go and return by Calais, and I expect him back in ten or twelve days. I wish you and Mr. Laurens could be here whea he arrives : for I shall much want your advice, and cannot act without your concurrence. If the present crisis of your affairs prevents your coming, L hope at least Mr. Laurens will be here, and we must communicate with you by expresses, for your letters to me per post are generally opened. I shall write per next post requesting Mr. Jay to be here also as soon as pos- sible. I received your letter advising of a draft on me for a quarter's salary, which will be duly honoured. With great esteeni, I have the honour to be your Excellency's, &c. &c. B. Franklin. PART III. OF BENJAMTN FRANKLIN. 149 Supposing Mr. Laurens to be in Holland with Mr. Adams, I at the same time wrote the following letter : — To Henry Laurens, Esq. &c. Sir, Passy, Jpril 20, 1782. I received by Mr. Oswald the letter you did me the honour of writing to me the 7th instant ; he brought me also a letter from Lord Shelburne, which gave him the same good character that you do, adding, a he is fully apprized of my mind, and you may give full credit to every thing he assures you of." Mr. Oswald, however, could give me no other particulars of his Lordship's mind, but that he was sincerely disposed to peace. As the message seemed therefore rather intended to procure or receive propositions than to make any, I told Mr. Oswald that I could make none but in concurrence with my col- leagues in the commission, and that if we were together we should not treat but in conjunction with France, and 1 proposed introducing him to M. de Vergennes, which he accepted. He made to that minister the same declaration qf the disposition of England to peace, who replied that France had already the same good dispositions ; that a treaty might be immediately begun, but it must be for a general, not particular peace. That as to the place, he thought Paris might be most convenient, as Spain had here already an ambassador, and the American commis- sioners could easily be assembled here : this upon a sup position of the parties treating directly with each other without the intervention of mediators. But if the media- tion was to be used, it might be at Vienna. The King his master however was so truly disposed to peace, that he would agree to any place the King of England should chuse ; and would at the treaty give proof of the confi- IjO private correspondence part m. dence that might be placed in any engagements he should enter into, by the fidelity and exactitude with which he should observe those he already had with his present allies. Mr. Oswald is returned with these general answers, by the way of Calais, and expects to be here again in a few days. I wish it might be convenient for you and Mr. Adams to be here at the same time : but if the present critical situation of affairs there, make his being in Hol- land necessary just now, I hope you may nevertheless be here, bringing with you his opinion and advice. I have proposed to Lord Shelburne to discharge you from the obligations you entered into at the time of your enlarge- ment, that you may act more freely in the treaty he desires. I had done myself the honour of writing to you a few days before the arrival of Mr. Oswald. My letter went by Mr. Young, your secretary, and inclosed a copy of our commission, with an offer of money if you had occasion for any. Hoping that you will not return to England be- fore you have been at Paris, I forbear enlarging on the state of our affairs here and in Spain. M. de Vergennes told me he should be very glad to see you here. I found Mr. Oswald to answer perfectly the character you gave me of him, and was much pleased with him. I have the honour to be, with great esteem and respect, Sir, &c. &c. B. Franklin. Just after I had dispatched these letters, I received the following from Mr. Adams. Sir, Amsterdam, April 16, 1782. Yesterday noon, Mr. William Vaughan of London, came to my house with, Mr. Laurens a son of PART III. OF BENJAMIN FRANKLIN. 151 tlie President, and brought me a line from the latter, and told me that the President was at Haerlem, and desired to see me. I went out to Haerlem, and found my old friend at the Golden Lion. He told me he was come partly for his health, and the pleasure of seeing me, and partly to converse with me, and see if he had at present just ideas and views of things ; at least to see if we agreed in sentiment, and having been desired by several of the new ministry to do so. ' 1 asked him if he was at liberty ? He said, No, that he was still under parole, but at liberty to say what he pleased to me. I told him that I could not communicate to him, being a prisoner, even his own instructions, nor enter into any consultations with him as one of our colleagues in the commission for peace : that all I should say to him would be as one private citizen conversing with another : but that upon all such occasions 1 should reserve a right to communicate whatever should pass to our colleagues and allies. He said, that Lord Shelburne and others of the new ministers were anxious to know whether there was any authority to treat of a separate peace, and whether there could be an accommodation upon any terms short of in- dependence ; that he had ever answered them, that nothing short of an express or tacit acknowledgment of our inde- pendence in his opinion would ever be accepted, and that no treaty ever would or could be made separate from France. He asked me if his answers had been right ? I told him, I was fully of that opinion. He said, that the new ministers had received Digges's report, but his character was such that they did not chuse 152 PRIVATE CORRESPONDENCE PART III. to depend upon it : that a person by the name of Oswald, I think, set off for Paris to see you, about the same time that he came away to see me. I desired him, between him and me, to consider, with- out saying any thing of it to the ministry, whether we could ever have a real peace with Canada and Nova Scotia in the hands of the English ? And whether we ought not to insist at least upon a stipulation, that they should keep no standing army or regular troops, nor erect any fortifica- tions on the frontiers of either ? That at present I saw no motive that we had to be anxious for a peace, and if the nation was not ripe for it upon proper terms, we might wait patiently till they should be so. I found the old gentleman perfectly sound in his system of politics. He has a very poor opinion both of the in- tegrity and abilities of the new ministry, as well as the old. He thinks they know not what they are ahout ; that they are spoiled by the same insincerity, duplicity, falsehood, and corruption, with the former. Lord Shelburne still flatters the king with ideas of conciliation and separate peace, &c. Yet the nation and the best men in it are for an universal peace, and an express acknowledgment of American independence, and many of the best are for giving up Canada and Nova Scotia. His design seemed to be solely to know how far Digges's report was true, After an hour or two of con- versation, I returned to Amsterdam, and left him to return to London. These are all but artifices to raise the stocks, and if you think of any method to put a stop to them, I will cheer- fully concur with you. They now know sufficiently, that our commission is to treat of a general peace, and with PART III. OF BENJAMIN FRANKLIN. 153 persons vested with equal powers : and if you agree to it, I will never see another messenger that is not a plenipo- tentiary. It is expected that the seventh province, Guelderland, will this day acknowledge American independence. I think we are in such a situation now that we ought not upon any consideration to think of a truce, or any thing short of an express acknowledgment of the sovereignty of the United States. 1 should be glad, however, to know your sentiments upon this point. I have the honour to be, Sir, your most obedient and most humble servant, John Adams. | To the above, I immediately wrote the following an- swer. Sir, Passy, April 20, 1782. I have just received the honour of yours dated the 16th instant, acquainting me with the interview between your Excellency and Mr. Laurens. I am glad to learn that his political sentiments coincide with ours, and that there is a disposition in England to give us up Canada and Nova Scotia. I like your idea of seeing no more messengers that are not plenipotentiaries ; but I cannot refuse seeing Mr. Os- wald again, as the minister here considered the letter to me from Lord Shelburne as a kind of authority given that messenger, and expects his return with some explicit pro- positions. L shall keep you advised of what passes. The late act of parliament for exchanging American prisoners as prisoners of war, according to the law of nations, any thing in their commitments notwithstanding, 154 PRIVATE CORRESPONDENCE PART itfi seemed a renunciation of their pretensions to try our people as subjects guilty of high treason, and to be a kind of tacit acknowledgment of our independence. Having taken this step, it will be less difficult for them to acknowledge it expressly. They are now preparing trans- ports to send the prisoners home. I yesterday sent the passports desired of me. Sir George Grand showed me a letter from Mr. Fizeaux in which he said, that if advantage is taken of the present enthusiasm in favour of America, a loan might be obtained in Holland of five or six millions of florins for America ; and if their house is impowered to open it, he has no doubt of success ; but that no time is to be lost. I earnestly recommend this matter to you, as extremely necessary to the operations of our financier Mr. Morris, who not knowing that the greatest part of the last five millions had been consumed by purchase of goods, &c. in Europe, writes me advice of large drafts that he shall be obliged to make upon me this summer. This court has granted us six millions of livres for the current year ; but it will fall vastly short of our occasions, there being large orders to fulfil, and near two millions and a half to pay M. Beaumarchais, besides the interest of bills, &c. The house of Fizeaux and Grand is now appointed banker for France, by a special commission from the king, and will on that as well as other accounts, be in my opinion the fittest for this operation. Your Excellency being on the spot, can better judge of the terms, &c. and manage with that house the whole business, in which I should be glad to have no other concern, than that of re- ceiving assistance from it when pressed by the dreaded drafts. PART III. OF BENJAMIN FRANKLIN. 155 With great respect, I am, your Excellency's &c. B. Franklin. In reply to this Mr. Adams wrote to rne as follows. Sir, Amsterdam, May 2, 1782. I am honoured with your favour of the 20th April, and Mr. Laurens's son proposes to carry the letter to his farther forthwith. The instructions by the courier from Versailles came safe, as also other dispatches by that channel no doubt will do. The correspondence with Mr. Hartley, I received by Captain Smedley, and will take the first good opportunity by a private hand to return it, as ' well as that with the Earl of Shelburne. Mr. Laurens and Mr. Jay will I hope be able to meet at Paris, but when it will be in my power to go I know not. Your present negociation about peace falls in very well to aid a proposition which I am instructed to make, as soon as the court of Versailles shall judge proper, of a triple or quadruple alliance. This matter, the treaty of commerce which is now under deliberation, and the loan will render it improper for me to quit this station unless in case of necessity. If there is a real disposition to per- mit Canada to accede to the American association, I should think there could be no great difficulty in adjusting all things between England and America, provided our allies are contented too. In a former letter 1 hinted that I thought an express acknowledgment of our indepen- dence might now be insisted on : but I did not mean that we should insist upon such an article in the treaty. If they make a treaty of peace with the United States of America, this is acknowledgment enough for me. The 156 PRIVATE CORRESPONDENCE PART III. affair of a loan gives me much anxiety and fatigue. It is true I may open a loan for five millions, but I confess I have no hopes of obtaining so much. The money is not to be had. Cash is not infinite in this country. Their profits by trade have been ruined for two or three years ; and there are loans open for France, Spain, England, Russia, Sweden, Denmark, and several other powers, as well as their own national, provincial and collegiate loans. The undertakers are already loaded with burthens greater than they can bear, and all the brokers in the republic are so engaged, that there is scarcely a ducat to be lent but what is promised. This is the true cause why we shall not succeed ; yet they will seek an hundred other pretences. It is consi- dered such an honour and such an introduction to Ameri- can trade to be the House/ that the eagerness to obtain the title of American banker is prodigious. Various houses have pretensions which they set up very high, and let me chuse which I will, I am sure of a cry and a clamour. I have taken some measures to endeavour to calm the heat and give general satisfaction, but have as yet small hopes of success. 1 would strike with any house that would in- sure the money, but none will undertake it now it is offer- ed, although several were very ready to affirm that they could when it began to be talked of. Upon enquiry they do not find the money easy to obtain, which I could have told them before. It is to me personally perfectly indiffe- rent which is the house, and the only question is, which will be able to do best for the interest of the United States. This question however simple is not easy to answer. But I think it clear, after very painful and laborious enquiries for a year and a half, that no house whatever w ; ill be able PART III. OF BENJAMIN FRANKLIN. 157 to do much. Enthusiasm at some times and in some countries may do a great deal, but there has as yet been no enthusiasm in this country for America, strong enough to untie many purses. Another year, if the war should continue, perhaps we may do better. I have the honour to be, Sir, your most obedient and most humble servant, J. Adams. During Mr. Oswald's absence I received the following from Mr. Laurens. Sir, London, April 30, 1782. I writ to you on the 7 th instant by Mr. Oswald, siuce which, that is to say on the 28th, I was ho- noured with the receipt of your letter of the 12th, inclosing a copy of the commission for treating for peace, by the hands of Mr. Young. The recognizance exacted from me by the late ministry has been vacated and done away by the present. These have been pleased to enlarge me without formal conditions, but as I would not consent that the United States of Ame- rica should be outdone in generosity, however late the marks appeared on this side, I took upon me to assure Lord Shelburne in a letter of acknowledgment for the part which his lordship had taken for obtaining my release, that Congress would not fail to make a just and adequate return, — the only return in my view is Lieutenant Gene- ral Lord Cornwallis ; Congress were pleased to offer some time ago a British Lieutenant General for my ransom, and as I am informed the special exchange of Lord Corn- wallis for the same subject was lately in contemplation, it would afford me very great satisfaction to know that you 158 PRIVATE CORRESPONDENCE PART III. will join me in cancelling the debt of honour which we have impliedly incurred, by discharging his lordship from the obligations of his parole ; for my own part, though not a bold adventurer, I think 1 shall not commit myself to the risque of censure by acting conjunctly with you in such a bargain. I intreat you, Sir, at least to reflect on this matter ; I shall take the liberty of requesting your de- termination when I reach the continent, which will pro- bably happen in a few days. Lord Cornwallis, in a late conversation with me, put the following case. Suppose, said his lordship, it shall have been agreed in America that Lord Cornwallis should be offered in exchange for Mr. Laurens, do not you think, although you are now dis- charged, I ought to reap the intended benefit ? A reply from the feelings of my heart, as I love fair play, was prompt. Undoubtedly, my Lord, you ought to be, and shall be in such case discharged, and I will venture to take the burthen upon myself. Certain legal forms I appre- hend rendered the discharge of me without conditions un- avoidable, but I had previously refused to accept of my- self for nothing, and what I now aim at was understood as an adequate return ; 'tis not to be doubted, his Lord- ship's question was built on this ground. I had uniformly and explicitly declared to the people here, people in the first rank of importance, that nothing short of independence in terms of our alliances could in- duce America to treat for a truce or a peace, and that no treaty could be had without the consent of our ally first obtained : in a word, if you mean to have a peace you must seek for a general peace. The doctrine was ill re- lished, especially by those, whose power only could set the machine in motion, but having since my return from Haer- PART III. OF BENJAMIN FRANKLIN. 159 lem asserted in very positive terms, that I was confirmed in my former opinions, the late obduracy has been more than a little softened, as you will soon learn from the wor- thy friend by whom I addressed you on the 7th, who two days ago set out on his return to Passy and Versailles with (as I believe) more permanent commission than the former. Accept my thanks, Sir, for the kind offer of a supply of money. I know too well how much you have been ha- rassed for that article, and too well, how low our Ameri- can finances in Europe are : therefore, if I can possibly avoid it, 1 will not further trouble you, nor impoverish them, or not till the last extremity : hitherto I have sup- ported myself without borrowing from any body, and I am determined to continue living upon my own stock while it lasts. The stock is indeed small ; my expenses have been and shall be in a suitably modest stile. I pray God to bless you : I have the honour to be, Sir, your most obe- dient servant, Henry Laurens. . P. S. I judged it proper not only to show the peace commission to Lord Shelburne^ but to give his Lordship a copy of it, from an opinion that it would work no evil being shown elsewhere. On the 4th May Mr. Oswald returned and brought me the following letter from Lord Shelburne. Dear Sir, Shelburne House, Aprils, 1782. I have received much satisfaction in being assured by you, that the qualifications of wisdom and integrity, which induced me to make choice of Mr. 160 PRIVATE CORRESPONDENCE PART III. Oswald, as the fittest instrument for the renewal of our friendly intercourse, have also recommended him so effec- tually to your approbation and esteem. I most heartily wish that the influence of this first communication of our mu- tual sentiments may be extended to a happy conclusion of all our public differences. The candour with which M. le Comte de Vergennes expresses his most Christian Majesty's sentiments and wishes on the subject of a speedy pacification, is a pleas- ing omen of its accomplishment. His Majesty is not less decided in the same sentiments and wishes, and it confirms his Majesty's ministers in their intention to act in like manner, as most consonant to the true dignity of a great nation. In consequence of these reciprocal advances Mr. Os- wald is sent back to Paris, for the purpose of arranging and settling with you the preliminaries of time and place : and, 1 have the pleasure to tell you, that Mr. Laurens is already discharged from those engagements, which he en- tered into, when he was admitted to bail. It is also determined that Mr. Fox, from whose depart- ment that communication is necessarily to proceed, shall send a proper person, who may confer and settle imme- diately with M. de Vergennes the further measures and proceedings which may be judged proper to adopt to- wards advancing the prosecution of this important busi- ness. In the mean time Mr. Oswald is instructed to communicate to you my thoughts upon the principal ob- jects to be settled. Transports are actually preparing for the purpose of conveying your prisoners to America, to be there ex- changed, and we trust, that you will learn, that due atten- PART III. OF BENJAMIN FRANKLIN. l6l tion has not been wanting to their accommodation and good treatment. I have the honour to be with very sincere respect, dear Sir, your faithful and obedient servant, Shelburne. Having read the letter, I mentioned to Mr. Oswald the part which refers me to him for his Lordship's sentiments. He acquainted me that they were very sincerely disposed to peace ; that the whole ministry concurred in the same dispositions ; that a good deal of confidence was placed in my character for open honest dealing ; that it was also generally believed I had still remaining some part of my ancient affection and regard for Old England, and it was hoped it might appear on this occasion. He then showed me an extract from the minutes of council, but did not leave the paper with me. As well as I remember it was to this purpose. At a Cabinet Council held April 27, 1782, present — Lord Rockingham, Lord Chancellor, Lord President, Lord Camden, &c. &c. (to the number of fifteen or twen- ty, being all ministers and great officers of state.) " It was proposed to represent to his Majesty, that it would be well for Mr. Oswald to return to Dr. Franklin and acquaint him, that it is agreed to treat for a general peace, and at Paris ; and that the principal points in con- templation are, the allowing of American independence, on condition that England be put into the same situation that she was left in by the peace of 1763." Mr. Oswald also informed me, that he had conversed with Lord Shelburne on the subject of my paper of notes relating to reconciliation. That he had shown him the paper, and had been prevailed on to leave it with him a Vol. ii. L 162 PRIVATE CORRESPONDENCE PART Hit night, but it was on Ins Lordship's solemn promise of re- turning it, which had been complied with, and he now re- turned it to me. That it seemed to have made an im- pression, and he had reason to believe that matter might be settled to our satisfaction towards the end of the treaty ; but in his mind he wished it might not be mentioned at the beginning. That his Lordship indeed said, he had not imagined reparation would be expected ; and he won- dered I should not know whether it was intended to de- mand it. Finally Mr. Oswald acquainted me, that as the business, now likely to be brought forward, more particu- larly appertained to the department of the other secretary, Mr. Fox, he was directed to announce another agent com- ing from that department, who might be expected every day, viz. the Honourable Mr. Grenville, brother of Lord Temple, and son of the famous Mr. George Grenville, formerly Chancellor of the Exchequer. I immediately wrote the following note to M. le Cotnte de Vergennes. Sir, Passy, May 4, 1782. I have the honour to acquaint your Excel- lency that Mr. Oswald is just returned from London, and 4»ow with me. He has delivered me a letter from Lord Sjielburne which I inclose for your perusal, together with a copy of my letter to which it is an answer. He tells me, that it has been agreed in council to treat at Paris, and to treat of a general peace ; and that as it is more particu- larly in the department of Mr. Fox, to regulate the cir- cumstantials, a gentleman, (Mr. Grenville) to be sent by him for that purpose, may be daily expected here. Mr. PART III. OF BENJAMIN FRANKLIN. 163 Oswald will wait on your Excellency whenever you shall think fit to receive him. I am with respect your Excel- lency's most obedient and most, &c. &c. B. Franklin. And the next day 1 received the following answer. a Versailles, le 5 May, 1782. J'ai regu, Monsieur, la lettre que vous m'ave^ fait l'honneur de m^crire le 4 de ce mois, ainsi que celles qui y etoient jointes. Je vous verrai avec pla- sir avec votre ami demain matin & onze heures. J'ai l'honneur d'etre sincerement, Monsieur, votre tres humble et tr£s ob6issant serviteur, De Vergennes. - Accordingly on Monday morning I went with Mr. Oswald to Versailles, and we saw the minister. Mr. Os- wald acquainted him with the disposition of his court to treat for a general peace and at Paris ; and he announced Mr. Grenville, who he said was to set out about the same time with him, but as he would probably come by way of Ostend, might be a few days longer on the road. Some general conversation passed, agreeable enough, but not of importance. In our return Mr. Oswald repeated to me his opinion, that the affair of Canada would be settled to our satisfaction, and his wish that it might not be men- tioned till towards the end of the treaty. He intimated too, that it was apprehended the greatest obstructions in the treaty might come from the part of Spain ; but said if she was unreasonable, there were means to bring her to reason ; that Russia was a friend to England, had lately made great discoveries on the back of North America, 164 PRIVATE CORRESPONDENCE . PART III. could make establishments there, and might easily trans- port an army from Kamschatka to the Coast of Mexico, and conquer all those countries. This appeared to me a little visionary at present, but I did not dispute it. On the whole I was able to draw so little from Mr. O. of the sentiments of Lord S. who had mentioned him as entrust- ed with the communication of them, that I could not but wonder at his being sent again to me, especially as Mr. Grenville was so soon to follow. ■ On Tuesday I was at court as usual on that day, M. de Vergennes asked me if Mr. Oswald had not opened him- self farther to me. I acquainted him with the sight I had had of the minute of council, and of the loose expressions contained in it of what was in contemplation. He seemed to think it odd that he bad brought nothing more explicit. I supposed Mr. Grenville might be better furnished. The next morning Iwrote the-following letter to Mr. .Adams. Sir, Passy, May 8, 1782. Mr. Oswald, whom I mentioned in a former letter which I find you have received, is returned, and brought me another letter from Lord Shelburne of which the above is a copy. It says, Mr. Oswald is instructed to communicate to me his Lordship's thoughts. He is however very sparing of such communication. All I have got from him is that the ministry have in contemplation the u allowing Inde- pendence to America on condition of Britain being put tigain into the state she was left in by the peace of 1763," winch I suppose means being put again in possession of the islands France has taken from her. This seems to me V AJW III. OF BENJAMIN FRANKLIN. 1 6.5 a proposition of selling to us a thing that is already our own, and making France pay the price they are pleased to ask for it. Mr. Grenville, who is sent by Mr. Fox, is ex- pected here daily. Mr. Oswald tells me that Mr. Lau- rens will soon be here also. Yours of the 2nd instant is just come to hand. I shall write to you on this affair hereafter by the Court couriers, for I am certain your let- ters to me are opened at the post office either here or in Holland. 1 suppose mine to you are treated in the same manner. I enclose the cover of jour last that you may see the seal. With great respect I am, Sir, your Excel- lency's, &c. &c. B. Franklin. I had but just sent away this letter, when Mr. Oswald came in, bringing with him Mr. Grenville, who was recently arrived. He gave me the following letter from Mr. Se- cretary Fox. Sir, ' St. James's, May, ], 1782. Though Mr. Oswald will no doubt have informed you of the nature of Mr. Grenville's commission, yet I cannot refrain from making use of the opportunity his going offers me, to assure you of the esteem and re- spect which I have borne to your character, and to beg you to believe, that no change in my situation has made any in those ardent wishes for reconciliation which I have invariably felt from the very beginning of this unhappy contest. Mr. Grenville is fully acquainted with my sentiments upon this subject, and with the sanguine hopes which 1 have conceived that those with whom we are contending 166 PRIVATE CORRESPONDENCE PART 111. are too reasonable to continue a contest, which has no lon- ger any object either real or even imaginary. I know your liberality of mind too well to be afraid lest any prejudices against Mr. Grenville's name may pre- vent you from esteeming those excellent qualities of heart and head which belong to him, or from giving the fullest credit to the sincerity of his wishes for peace, in which no man in either country goes beyond him. I am, with great truth and regard, Sir, your most obedient humble servant, C. J. Fox. I imagined the gentlemen had been at Versailles, as I supposed Mr. G. would first have waited on M. de Ver- gennes, before he called on me. But finding in conver- sation that he had not, and that he expected me to intro- duce him, I immediately wrote to that minister, acquaint- ing him that Mr. G. was arrived, and desired to know when his Excellency would think fit to receive him : and I sent an express with my letter. I then entered into con- versation with him on the subject of his mission, Mr. Fox having referred me to him as being fully acquainted with his sentiments. He said that peace was really wished for by every body, if it could be obtained on reasonable terms ; and as the idea of subjugating America was given up, and both France and America had thereby obtained what they had in view originally, it was hoped that there now re- mained no obstacle to a pacification. That England was willing to treat of a general peace with all the powers at war against her, and that the treaty should be at Paris. I did not press him much for farther particulars, supposing they were reserved for our interview with M. de Ver- gennes. The gentlemen did me the honour of staying PART III. OF BENJAMIN FRANKLIN. iC? dinner with me, on the supposition which I urged that my express might be back before we parted. This gave me an opportunity of a good deal of general conversation with Mr. Grenville, who appeared to me a sensible, judicious, intelligent, good-tempered, and well-instructed young man, answering well the character Mr. Fox had given me of bim. They left me however about six o'clock, and my messenger did not return till near nine. He brought me the answer of M. le Comte de Vergennes, that he was glad to hear of Mr. Grenville's arrival, and would be ready to receive us to-morrow at half-past 10 or 11 o'clock. I immediately inclosed his note in one to Mr. Grenville, re- questing him to be with me at Passy by eight, that we might have time to breakfast, before we set out. I have preserved no copy of these three last mentioned notes, or I should have inserted them, as I think that though they seem of almost too trifling a nature, they serve usefully sometimes to settle dates, authenticate facts, and show something of the turn and manner of thinking of the writers, on particular occasions. The answer I received was as follows : " Mr. Grenville presents his compliments to Mr. Franklin, and will certainly do himself the honour of wait- ing upon Mr. Franklin to-morrow morning at 8 o'clock. Rue de Richelieu, Wednesday Night." We set out accordingly the next morning in my coach from Passy, and arrived punctually at M. de Vergennes', wno received Mr. Grenville in the most cordial manner, on account of the acquaintance and friendship that had formerly subsisted between his uncle and M. de Vergennes 168 PRlVATfl CORRESPONDENCE PART 111. when they were ambassadors together at Constantinople. After some little agreeable conversation, Mr. Gren- ville presented his letters from Mr. Secretary Fox, and 1 think from the Duke of Richmond. When these were read the subject of peace was entered on. What my me- mory retains of the discourse amounts to little more than this, that after mufual declarations of the good disposition of the two Courts, Mr. Grenville having intimated that in case England gave America independence, France, it was expected, would restore the conquests she had made of British Islands, receiving back those of Miquelon and St. Pierre. And the original object of the war being obtain- ed, it was supposed that France would be contented with that. The minister seemed to smile at the proposed ex- change. America, said he, does not ask it of you ; there is Mr. Franklin, he will answer you as to that point. To be sure, I said, we do not consider ourselves as under any necessity of bargaining for a thing that is our own, which we have bought at the expence of much blood and trea- sure, and which we are in possession of. As to our be- ing satisfied with the original object of the war, continued he, look back to the conduct of your nation in former wars. In the last war, for example, what was the object ? It was the disputed right to some waste lands on the Ohio, and the frontier of Nova Scotia ; did you content your- selves with the recovery of those lands ? No, you retained at the peace all Canada, all Louisiana, all Florida, Grena- da, and other West India islands, the greatest part of Northern Fisheries ; with all your conquests in Africa and the East Indies. Something being mentioned of its not being reasonable that a nation, after making an unprovoked and unsuccessful war upon its neighbours, should expect PART III. OF BENJAMIN FBANKjilN. 169 to sit down whole, and have every thing restored which she had lost in such a war, I think Mr. Grenville remark- ed that the war had been provoked by the encouragement given by France to the Americans to revolt. On which M. de Vergennes grew a little warm, and declared firmly, that the breach was made and pur independence declared long before we received the least encouragement from France ; and he defied the world to give the smallest proof of the contrary. There sits, said he, Mr. Franklin who knows the fact and can contradict me, if I do not speak the truth. He repeated to Mr. Grenville, what he had before said to Mr. Oswald, respecting the King's intention of treating fairly, and keeping faithfully the conventions he should enter into ; of which disposition he should give at the treaty convincing proofs by the fidelity and exactitude with which he should observe his engagements with his present allies; and added that the points which the King had chiefly in view were justice and dignity ; these he could not depart from. He acquainted Mr. Grenville that he should immediately write to Spain, and Holland, communicate to those Courts what had passed, and report their answers; that in the mean time he hoped Mr. Gren- ville would find means of amusing himself agreeably, to which he should be glad to contribute, that he would com- municate what had passed to the King, and he invited him to come again the next day. On our return Mr. G. expressed himself as not quite satisfied with some part of M. de Vergennes* discourse, and was thoughtful. He told me that he had brought two state messengers with him, and perhaps after he had had another interview with the minister, he might dispatch one of them to London : [ then requested leave to answer by 170 PRIVATE CORRESPONDENCE PART III. that opportunity the letters I had received from Lord Shelburne and Mr. Fox ; and he kindly promised to ac- quaint me the time of the messenger's departure. He did not ask me to go with him the next day to Versailles, and I did not offer it. The coming and going of these gentlemen was observed, and made much talk at Paris ; and the Marquis de la Fayette having learned something of their business from the ministers, discoursed with me about it. Agreeable to the resolutions of Congress directing me to confer with him, and take his assistance in our affairs, I communicated to him what had passed. He told me that, during the treaty at Paris for the last peace, the Duke de Nivernois had been sent to reside in London, that this Court might through him state what was from time to time transacted in the light they thought best, to prevent misrepresenta- tions and misunderstandings. That such an employ would be extremely agreeable to him on many accounts ; that as he was now an American citizen, spoke both languages, and was well acquainted with our interests, he believed he might be useful in it ; and that as peace was likely from appearances to take place, his return to America was per- haps not so immediately necessary. He then wished I would make him acquainted with Messrs. Oswald and Grenville, and for that end promised meeting them at breakfast with me, which I proposed to contrive if I could, and endeavour to engage them for Saturday. Friday morning the 10th of May, I went to Paris and visited Mr. Oswald. I found him in the same friendly dispositions, and very desirous of doing good, and of see- ing an end put to this ruinous war. But I got no farther light as to the sentiments of Lord S. respecting the terms. PART 111. OF BENJAMIN FRANKLIN. 171 I told him the Marquis de la Fayette would breakfast with me to-morrow, and as he, Mr. Oswald, might have some curiosity to see a person, who had in this war ren- dered himself so remarkable, I proposed his doing me the same honour. He agreed to it cheerfully. I came home intending to write to Mr. Grenville, whom I supposed might stay and dine at Versailles, and therefore did not call on him. But he was returned, and I found the fol- lowing note from him. Paris, May 10. H Mr. Grenville presents his compliments to Mr. Franklin : he proposes sending a courier to England, at 10 o'clock this night, and will give him in charge any letters Mr. Franklin may wish to send by him." I sat down immediately and wrote the two short letters following, to the Secretaries of State. To the Right Hon. C. J. Fox, Esq. Secretary of State. Sir, Passy, May 10, 1782. I received the letter you did me the honour of writing to me by Mr. Grenville, whom I find to be a very sensible, judicious, and amiable gentleman. The name, I assure you, does not with me lessen the regard that his excellent qualities inspire. I introduced him as soon as possible to M. de Vergennes ; he will himself give you an account of his reception. I hope his coming may forward the blessed work of pacification, in which for the sake of humanity no time should be lost ; no reason- able cause, as you observe, existing at present, for the 172 PRIVATE CORRESPONDENCE PART III. continuance of this abominable war. Be assured of my endeavours to put an end to it. I am much flattered by the good opinion of a person whom I have long highly esteemed, and I hope it will not be lessened by my con- duct in the affairs that have given rise to our correspon- dence. With great respect, I have the honour to be, Sir, &c. &c. B.Franklin. To Lord Shelbtjrne. My Lord, Passy, May 10, 1782. I have received the honour of your Lord- ship's letter dated the 28th past, by Mr. Oswald, inform- ing me that he is sent back to settle with me the prelimi- naries of time and place. Paris, as the place, seemed to me yesterday to be agreed on between Mr. Grenville and M. de Vergennes, and it is perfectly agreeable to me. The time cannot well be settled till this court has received answers from Madrid and the Hague, and until my col- leagues are arrived. I expect daily Messrs. Jay and Lau- rens : Mr. Adams doubts whether he can be here, but that will not hinder our proceeding. . It gave me great pleasure to hear that Mr. Laurens is discharged entirely from the obligations he had entered into. I am much obliged by the readiness with which your Lordship has conferred that favour. Please to accept my thankful acknowledgments. I am happy too in understanding from your letter, that transports are actually preparing to convey our prisoners to America, and that attention will be paid to their accom- modation and good treatment. Those people on their return will be dispersed through every part of America, PART III. OF BENJAMIN FRANKLIN. 173 and the accounts they will have to give of any marks of kindness received by them under the present ministry, will lessen much the resentment of their friends against the nation for the hardships they suffered under the past. Mr. Oswald rests here awhile by my advice, as I think his presence likely to be useful. With great and sincere respect, I have the honour to be, my Lord, your Lord- ship's, &c. &c. B. Franklin. And I sent them to Mr. Grenville with the following note. u Mr. Franklin presents his compliments to Mr. Grenville, with thanks for the information of his courier's departure, and his kind offer of forwarding Mr. F.'s letters, who accepts the favour, and encloses two. The Marquis de la Fayette and Mr. Oswald will do Mr. Franklin the honour of breakfasting with him to- morrow between 9 and 10 o'clock. Mr. Franklin will be happy to have the company also of Mr. Grenville, if agreeable to him. He should have waited on Mr. Gren- ville to-day at Paris, but he imagined Mr. G. was at Versailles. Passy, Friday evening, May 10." To which Mr. G. sent me this answer. " Mr. Grenville presents his compliments to Mr. Franklin, and will with great pleasure do himself the honour of breakfasting with Mr. Franklin to-morrow between 9 and 10 o'clock. Mr. Grenville was at Versailles to-day, and should 174 PRIVATE CORRESPONDENCE PART III. have been sorry that Mr. Franklin should have given himself the trouble of calling at Paris this morning. The courier shall certainly take particular care of Mr. Frank- lin's letters. Paris, Friday evening. ,, The gentlemen all met accordingly, had a good deal of conversation at and after breakfast, staid till after one o'clock, and parted much pleased with each other. The Monday following I called to visit Mr. G. and found him with Mr. Oswald, who told me, he was just about returning to London. I was a little surprized at the suddenness of the resolution he had taken, it being as he said to set out the next morning early. I conceived the gentlemen were engaged in business, so 1 withdrew, and went to write a few letters, among which was the fol- lowing to Lord Shelburne, being really concerned at the thought of losing so good a man as Mr. Oswald. To Lord Shelburne. My Lord, Passy, May 13, 1782. I did myself the honour of writing to your Lordship a few days since by Mr. Grenville's courier, acknowledging the receipt of yours of the 28th past by Mr. Oswald. I then hoped that gentleman would have remained here some time, but his affairs it seems recal him sooner than he imagined. I hope he will return again, as I esteem him more, the more I am acquainted with him, and believe his moderation, prudent counsels, and sound judgment may contribute much, not only to the speedy conclusion of a peace, but to the framing such a PART III. OF BENJAMIN FRANKLIN. 1^5 peace as may be firm and long-lasting. With great re- spect, I am, your Lordship's most obedient and most hum- ble servant, B.Franklin. I went in the evening to Mr. Oswald's lodging with my letters ; when he informed me his intention was to return immediately hither from England ; and to make the more dispatch in going and returning, he should leave his car- riage at Calais, as the embarking and debarking of car- riages in the packet-boats often occasioned a tide's delay. I did not enquire the reason of this movement. We had but little conversation, for Mr. Grenville coming in, I soon after wished him a good journey and retired, that I might not interrupt their consultations. Since his departure Mr. Grenville has made me a visit ; and entering into a conversation with me, exactly of the same tenor with the letters I formerly received from Mr. Hartley, stating suppositions that France might insist on points totally different from what had been the object of our alliance, and that in such case he should imagine we were not at all bound to continue the war to obtain such points for her, 8cc. I thought I could not give him a better answer to this kind of discourse than what [ had given in two letters to Mr. Hartley, and therefore calling for those letters I read them to him. He smiled, and would have turned the conversation : but I gave a little more of my sentiments on the general subject of benefits, obligation, and gratitude. I said I thought people had often imperfect notions of their duty on those points, and that a state of obligation was to many so uneasy a state, that they became ingenious in finding out reasons and arguments to prove they hid been laid under no obligation 176 PRIVATE CORRESPONDENCE PART l!i> at all, or that they had discharged it : and they too easily satisfied themselves with such arguments. To explain clearly my ideas on the subject, I stated a case. A. a stranger to B. sees him about to be imprisoned for debt by a merciless creditor. He lends him the sum necessary to preserve his liberty. B. then becomes the debtor of A. and after some time repays the money. Has he then dis- charged the obligation ? No. He has discharged the money debt, but the obligation remains, and he is debtor for the kindness of A. in lending the same so seasonably. If B. should afterwards find A. in the same circumstance?, that he, B., had been in when A. lent him the money, he may then discharge this obligation or debt of kindness in part by lending him an equal sum. In part, I said, and not 'wholly, because when A. lent B. the money, there had been no prior benefit received to induce him to it. And therefore, if A. should a second time need the same assistance, I thought B., if in his power, was in duty bound to afford it to him. Mr. Grenville conceived that I was carrying gratitude very far, to apply this doctrine to our situation in respect to Fiance ; who was really the party served and obliged by our separation from England, as it lessened the power of her rival and increased her own. I told him 1 was so strongly impressed with the kind assistance aftorded us by France in our distress, and the generous and noble manner in which it was granted with- out exacting or stipulating for a single privilege or parti- cular advantage to herself in our commerce or otherwise ; that I coukl never suffer myself to think of such reasonings for lessening the obligation, and I hoped, and indeed did not doubt, but my countrymen were all of the same sen- timents. Thus he gained nothing of the point he came to PART III. OF BENJAMIN FRANKLIN. 177 push ; we parted however in good humour. His conversa- tion is always polite and his manner pleasing. As he expressed a strong desire to discourse with me on the means of a reconciliation with America, 1 promised to consider the subject, and appointed Saturday the 1st of June, for our conversation, when he proposed to call on me., The same day I received another letter from my old friend Mr. Hartley. Our former correspondence on the subject of peace since the beginning of this year, I have kept by itself, as it preceded this, was in the time of the old ministry, and consisted wholly of letters unmixed with personal conversation. This being the first letter from him under the new ministry, and as it may be followed by others which may relate to the negociation, I insert it here, with my answer, and shall continue to insert the future letters I may receive from him relative to the same subject. To Dr. Franklin, My dear Friend, London , May 3, 17 '82. I write to you only one line, just to inform you that a general order is issued, by our government, for the release of all the American prisoners every where. I have had this from Lord Shelburne, who informed me that the ortjer was not partial or conditional, but general anc* absolute. I heartily congratulate you upon tbis first step towards sweet reconciliation. I hope other things will follow. 1 have had a long conversation with Lord Shel- burne, relating to America, in which he expressed himself in most favorable terms. I shall have the honour of seeing Vol. II. M 17S PRIVATE CORRESPONDENCE PART III. and conversing with him again. But, at present, as you know, certain matters are depending from your side of the water. Mr. Laurens is entirely at liberty. I see him very frequently, and when you see him he will tell you many things from me, which have occurred to me in the course of my poor endeavours to promote the cause of peace. Da pacem, Domine, in diebus nostris. Your affectionate, &c. D. Hartley. To David Hartley, Esq. M. P. My dear Friend, Passy, May 13, 1782. I have just received your favour of the 3rd instant. I thank you much for the good news you give me, that " an order is issued by your government for the release of all the American prisoners every where, an order not partial or conditional, but general and absolute." 1 1 rejoice with you in this step not only on account of the unhappy captives, who by it will be set at liberty, and restored to their friends and families, but as I think it will tend greatly towards a reconciliation, on which alone the hope of a durable peace can be founded. I am much indebted to your good brother, for a very kind and obliging letter, which was mislaid when it should have been answered. I beg you would present to him my thankful acknowledgments, and my very sincere respects. I join with 70U most heartily in the prayer that ends your letter, Da pacem, Domine, in diebus nostris ! I am ever, my friend, yours most affectionately, B. Franklin. Our business standing still at present till the return of Mr. Oswald, gives me a void that I may fill up with two PART III. OF BENJAMIN FRANKLIN. 179 or three circumstances, not at present connected with this intended treaty, but which serve to show something of the disposition of courts, who have, or may have, a con- cern in it. Mr. Jay had written to me from time to time of the unaccountable delays he had met with since his residence at the court of Spain, and that he was now no nearer in the business he had been charged with than when he first arrived. Upon the first coming of Mr. Oswald, and the apparent prospect of a treaty, I wrote to press his coming hither, and being a little out of humour with that court, I said, they have taken four years to consider whether they should treat with us, give them forty, and let us mind our own business ; and I sent the letter under cover to a per- son at Madrid, who I hoped would open and read it. It seems to me that we have in most instances hurt our credit and importance, by sending all over Europe begging alliances, and soliciting declarations of our independence. The nations, perhaps, thence seem to think, that our independence is something they have to sell, and that we do not offer enough for it. Mr. Adams has succeeded in Holland, owing to their war with England, and a good deal to the late votes in the Commons towards a recon- ciliation ; but the ministers of the other powers refused, as 1 hear, to return his visits, because our independence was not yet acknowledged by their courts. I had heard here by good luck, that the same resolution was taken by several of them not to return the visits I should make them (as they supposed) when I was first received here as Minister Plenipotentiary, and I disappointed their project by visiting none of them. In my private opinion the first civility is due from the old resident to the stranger and 180 PRIVATE CORRESPONDENCE PART Ilf* new corner. My opinion indeed is good for nothing against custom, which I should have obeyed, but for the circumstances, that rendered it more prudent to avoid dis* putes and affronts, though at the hazard of being thought rude or singular. While I am writing, something ridi- culous enough on this head has happened to me. The Comte du Nord, who is son to the Empress of Russia, arriving at Paris, ordered, it seems, cards of visit to be sent to all the foreign ministers. One of them, on which was written Le Comte du Nord et le Prince Bariatinski, was brought to me. It was on Monday evening last. Being at court the next day I enquired of an old minister, my friend, what was the etiquette, and whether the Comte jeceived visits. The answer was, Non. On se fait tcrire. Voild lout. This is done here by passing the door, and ordering your name to be written in the porter's book. Accordingly, on Wednesday I passed the house of Prince Bariatinski, ambassador of Russia,, where the Comte lodged, and left my name on the list of each. I thought no more of the matter. But this day, May 24, comes the servant who brought, the card, and in a great affliction, saying he was like to be ruined by his mistake in bringing, the card here, and wishing to obtain from me some paper of I know not what kind, for I did not see him. In the afternoon came my friend, Mr. Le Roy, who is also a friend of the Prince's, telling me how much he, the Prince, was concerned at the accident ; that both himself and the Comte had great personal regard for me, and my character, but that our independence not yet being acknowledged by the court of Russia, it was impossible for him to permit himself to make me a visit as minister. 1 told Mr. Le Roy it was not my custom to seek such PART III. OF BENJAMIN FRANKLIN. 181 honours, though 1 was very sensible of them when con- ferred upon me ; that I should not have voluntarily in- truded a visit ; and that in this case I had only done what 1 was informed the etiquette required of me. But if it would be attended with any inconvenience to Prince Bariatinski, whom I much esteemed and respected, I thought the remedy was easy ; he had only to raze my name out of his book of visits received, and I would burn their card. All the northern princes are not ashamed of a little civility committed towards an American. The King of Denmark travelling in England under an assumed name, sent me a card expressing in strong terms his esteem for me, and inviting me to dinner with him at St. James's. And the ambassador from the King of Sweden lately asked me whether I had powers to make a treaty of com~ merce with their kingdom, for he said his master was desirous of such a treaty with the United States, had directed him to ask me the question, and had charged him to tell me, that it would flatter him greatly to make it with a person whose character he so much esteemed, &c. Such compliments might probably make me a little proud ? if we Americans were not naturally as much so already as the porter, who being told he had wijth his burthen jostled the great Czar Peter (then in London, walking the street) poh ! said he, we are all Czars here. I did not write by Mr. Oswald to Mr. Laurens, be- cause from some expressions in his last to me, I expected him here, and I desired Mr. Oswald, if he found him still in London, or met him on the road, to give him that rea- son. I am disappointed in my expectation, for I have now received (May 25) the following letter from him. 182 PRIVATE CORRESPONDENCE PART III. Sir, Ostend, May 17, 1782. I had the honour of addressing you under the 30th ultimo by post, a duplicate of which will accom- pany this in order to guard against the effect of a miscar- riage in the first instance, and I beg leave to refer to the contents. On the 10th current, and no sooner, your very obliging favour of the 20th preceding reached me in London. Being then on the point of leaving that place, I deferred a reply until my arrival on this side ; this happened yester- day too late to catch the post of the day, except by a single letter, put into my hands, I believe, by Doctor Price, which I sent forward. I sincerely and heartily thank you, Sir, for the cordial contents of your last letter, but from the most mature reflection, and taking in consideration my present very infirm state of health, I have resolved to de- cline accepting the honour intended me by congress in the commission for treating with Great Britain, and I find the less difficulty in coming to this determination from a persuasion in my own mind that my assistance is not essential, and that it was not the view or expectation of our constituents that every one named in the commission should act. I purpose to repair to, or near to, Mr. Adams, and enquire of him whether I may yet be service- able under the commission to which I had been first appointed, that for borrowing money for the use of the United States ; if he speaks in the affirmative, I shall, though much against my own grain, as is well known at our little court, proceed in the mission with diligence and fidelity ; otherwise I shall take a convenient opportunity of returning to give an account there, of having in the course of two years and upwards done nothing, excepting PART IU. OF BENJAMIN FRANKLIN. 183 only the making a great number of rebels in the enemy's country, and reconciling thousands to the doctrine of ab- solute and unlimited independence — a doctrine which I asserted and maintained with as much freedom in the Tower of London, as^ ever I had done in the State House at Philadelphia, and having contentedly submitted to the loss of my estate, and being ready to lay down my life in support of it, I had the satisfaction of perceiving the com- ing in of converts every day. I must not however con- clude this head without assuring you, that should you think proper to ask questions respecting American com- merce, or the interest of any particular state, I will answer with candour, and the best judgment I am possessed of, but of that judgment I sincerely protest I have the utmost diffidence. God prosper your proceedings in the great work'; you shall be called blessed by all the grateful of the present generation, and your name will be celebrated by posterity. I feel myself happy in reflecting that in th# great outlines for treaty our opinions exactly coincide, that we shall not want the countenance and assistance of our great and good ally, and that you have so honest a man as Mr. Oswald to deal with for preliminaries : 1 know him to be superior to all chicanery, and am sure he will not defile his mind by attempting any dirty thing. I intreat you, Sir, to present my humble respects to M. de Vergennes, and thank his Excellency for his polite ex- pressions respecting me, and be so good as to say all that shall appear necessary in excuse for my non-appearance at his court. Lord Cornwallis called on me the day before 1 left London, and was, as you may suppose, very anxious to know when he might probably hear from me on the 184 PRIVATE CORRESPONDENCE PART III. subject of his release : let me therefore request your opinion in answer to what 1 had the honour of writing in my last concerning that affair. I wish it may prove satis* factory to his lordship, by enabling me, with your consent and concurrence, to cancel a debt which does not sit easy upon, and which cannot, with honour to our country, re- main unpaid. I think we shall not, 'tis impossible we should, incur displeasure, by doing an act of common justice, and our authority may be fairly implied. His lordship declares he has no intention of returning to America, but desires to be reinstated in his legislative and military characters in his own country, and I am of opinion that in the former station he will be rather friendly to us than otherwise : for my own part, if the war continues, I should not be uneasy if his lordship were to go to Chesar peke again. I have a thousand compliments and good wishes to present to you from friends in England, where males and females I am sure you have at least so many, your own remembrance will lead you to individuals of your old acquaintance. To-morrow I intend to proceed for Brus- sels, and thence probably to the Hague and Amsterdam. My. movements must unavoidably be as slew as water carriage. My weak under-limbs cannot bear continual thumping on the pavement in the rough machines of this country, aud the feebleness of my pocket will not admit the indulgence of a more convenient vehicle. I beg, Sir, you will write to me at the house of Mr. Edmund Jen- nings, or under the protection of any other friend in that city, who will be at the trouble of finding out a voyageur who is at all times and in all places, with the highest esteem and respect, Sir, your obedient and most humble servant, Henry Laurens. PART III. OF BENJAMIN FRANKLIN. 185 To the above I wrote the following answer* To President Henry Laurens, Esq. Sir, Pa$sy 9 May%5, 1782. I am now honoured with yours of the 17th. I had before received one of the 7th, which remained unan- swered, because from the words in it, " when I reach the continent, which will probably happen in a few days," I flattered myself with the pleasure of seeing you here. That hope is disappointed by your last, in which you tell rne you are determined not to act in the commission for treating of peace with Britain. I regret your taking this resolution ; principally because I am persuaded your as- sistance must have been of great service to your country. But I have besides some private or particular reasons that relate to myself. To encourage me in the arduous task, you kindly tell me I shall be called bles.sed, fyc. I have never yet known of a peace made, that did not occasion a great deal of popular discontent, clamour and censure on both sides. This is perhaps owing to the usual manage- ment of the ministers and leaders of the contending na- tions, who, to keep up the spirits of their people for con- tinuing the war, generally represent the state of their own affairs in a better light, and that of the enemy in a worse, than is consistent with the truth : hence the populace on each side expect better terms than really can be obtained ; and are apt to ascribe their disappointment to treachery. Thus the peace of Utrecht, and that of Aix la Chapelle were said in England to have been influenced by French gold, and in France by English guineas. Even the last peace, the most advantageous and glorious for England that ever she made, was, you may remember, violently de- 186 PRIVATE CORRESPONDENCE PART III. cried, and the makers as violently abused. So that the blessing promised to peace-makers, I fancy, relates to the next world, for in this they seem to have a greater chance of being cursed. And as another text observes that "in the multitude of counsellors there is safety" which 1 think may mean safety to the counsellors as well as to the counselled, because if they commit a fault in counselling, the blame does not fall on one or a few, but is divided among many, and the share of each is so much the lighter, or perhaps because when a number of honest men are concerned, the suspicion of their being biassed is weaker as being more improbable ; or because defendit numerus ; for all these reasons, but especially for the support your established character of integrity would afford me against the attacks of my enemies, if this treaty takes place, and I am to act in it, I wish for your presence, and for the presence of as many of the commissioners as possible, and I hope you will re-consider and change your resolution. In the meau time, as you have had opportunities of conversing with the new ministers, and other leading people in England, and of learning their sentiments relating to terms of peace, &c, I request you would inform me by letters of what you think important. Letters from you will come safer by the court courier than by the post ; and I desire you would, if you should determine not to act, communicate to me your ideas of the terms to be insisted on, and the points to be attended to, respecting commerce, fisheries, boundaries, &c, every other material circumstance, that may be of im- portance to all or any of the United States. Lord Shelburne having written to me on the subject of the wished for peace, I acquainted him in my answer sent by our friend, Mr. Oswald, that you were one of the com- PART III. OF BENJAMIN FRANKLIN. 187 missioners appointed by Congress, to treat with Britain, and that I imagined his Lordship would therefore think it proper to discharge you entirely from the obligations you entered into when you were admitted to bail, that you might be at liberty to act freely in the commission. He wrote to me in reply that you were accordingly discharged immediately. His lordship mentioned nothing of any ex- change being expected for you ; nevertheless I honour your sensibility on the point, and your concern for the cre- dit of America, that she should not be outdone in genero- sity by Britain, and will cheerfully join with you in any act that you may think proper to discharge in return for the parole of Lord Cornwaliis, as far as in our power may lie ; but as we have no express authority for that purpose, and the Congress may possibly in the mean time have made some other arrangement relative to his exchange, I conceive that our act should contain a clause reserving to Congress the final approbation or disallowance of the pro- ceeding. And I have some doubt whether Lord Corn- waliis will think himself well freed from his engagement and at liberty to exercise his military employments, by vir- tue of any concessions in his favour, made by persons who are not vested with authority for that purpose. So that on the whole perhaps the best and surest way will be our writing immediately to Congress, and strongly recommend- ing the measure. However, I will do what you shall think best. I heartily wish you success in any endeavours you may use in Holland for raising a loan of money. We have pressed rather hard on this court, and we still want more than they can conveniently spare us. But I am sorry that too scrupulous a regard to our wants and difficulties should 188 PRIVATE CORRESPONDENCE PART III, induce you under the present infirmity of your lower limbs, to deny yourself the necessary comfort of an easy carriage, rather than make any use of the public assistance, when the public must be in your debt. 1 beg you would get over that difficulty and take of me what you may have oc- casion for. The letter you forwarded to me, was from America's constant friend the good Bishop of St. Asaph. He speaks of you in terms of the highest esteem and respect. Mr. Oswald is gone back to London, but intended to return immediately. Mr. Grenville remains here, and has received power to treat, but no farther steps can be taken till Spain and Holland have impowered ministers for the same purpose. I shall inform you and Mr. Adams (if he does not come) of the proceedings from time to time, and request your counsels in case of any difficulty. I hope you will not think of hazarding a return to Ameri- ca, before a peace, if we find any hopes of its being soon obtained. And that if you do not find you can be useful in the manner you wish in Holland you will make me happy by your company and counsels here. With great and sincere esteem, I have the honour to be, Sir, &c. &c, B. Franklin. i May 26, L received the following from Mr. Hartley. From David Hartley, Esq. M. P. to Dr, Franklin, My Dear Friend, London, May 13, 1782. I writ to you a long letter dated May 1, 1 7S2> by Mr. Laurens who left London on Saturday last, but I will add a few lines now by a conveyance whieh will I be- *ART III. OF BENJAMIN FRANKLIN. 189 lieve overtake him, just to tell you two or three things which I believe I omitted in my last. Perhaps they may not be of any consequence^ but as they relate to my own conduct I would wish to have you understand them. After several conferences with the late ministry I gave in the paper called the breviate on the 7th of February ; but I never received any answer from them. They resigned on the 20th of March. Upon the accession of the new ministry I heard nothing from them upon the subject ; nor did 1 apply to them. I did not know whether that paper would not come into their hands by succession, and I doubted whether it might not be more proper for me to wait till I heard from them. While I remained doubtful about this, I received your letters which determined me to go to Lord Shelburne. (This was about the beginning of the present month.) J communicated to him some extracts such as those about the prisoners, &c, and likewise the whole of your letter of the 13th of April, containing the offer of the late ministry, the King of France's answer, together with your reflections on the conclusion respecting peace. As you had given me a general permission I left with him a copy of the whole letter. Upon the occasion of this in- terview Lord Shelburne told me that he had made much enquiry in the offices for the correspondences and papers which had passed between the late ministry and me, but that he could not meet with them. He expressed a re- gret that he had not conversed with me at an earlier day ; with many civilities of that kind. In short I had been backward to intrude myself, and he expressed regret that he had not sent to me. Upon this opening on his part, I stated to him the substance of what had passed between the late ministry and myself, and I left a copy of the Bre- 190 PRIVATE CORRESPONDENCE PART III. viate with him. He gave me a very attentive audience, and I took that opportunity of stating my sentiments to him, as far as I could, upon every view of the question. Upon his expressing regret that he had not seen me sooner, I told him that I always had been, and always should be, most ready to give any assistance in my power towards the work of peace. I say the same to you. I do not be- lieve thait there is any difference in sentiment between you and me personally, in our own minds upon independence, &c. &c. But we belong to different communities, and the right of judgment or of consent and dissent is vested m the community. Divide independence into six millions of shares, and you should have been heartily welcome to my share from the very beginning of the war. Divide Canada into six millions of shares, 1 could find a better method of disposin g of my share, than by offering it to France to abandon. America. Divide the rock of Gibraltar into six millions of pieces, I can only answer for one portion. Let reason aiad equity decide in any such case, as universal umpires between contending parties, and those who wish well to tl le permanent peace of mankind, will not refuse to give andUo receive equal justice. I agree- with you, that the equitable and philosophical principles of politics can alone form a solid foundation of permanent peace, and that the contraries to them, though highly patronized by nations themselves, and their minis- ters, are nc» better than vulgar errors. But nations are slow to conviction from the personal arguments of indivi- duals. Thoy are "jealous in honour, seeking that bubble reputation e ven in the cannon's mouth/' But until a con- firmed Millennium founded upon wiser principles shall be generally esta frlished, the reputation of nations is not PART III. OF BENJAMIN FRANKLIN. 191 merely a bubble. It forms their real security. To apply this all in one word, let all nations agree with one accord to beat their swords into plough-shares, and their spears into pruning hooks — or — give me wooden walls to Great Britain. I have nothing farther to add. My reason for writing this was just to communicate to you, in what posi- tion I had delivered over my conference and arguments with the late ministry into the hands of the present. And I will conclude with your own words : may God send us all more wisdom. I am ever most affectionately yours, D. Hartley. . P. S. "May 17, 1782. Since writing the above, I have likewise left a copy df the enclosed preliminaries with Lord Shelburne." May, 1782. PRELIMINARIES. 1. !? That the British troops shall be withdrawn from the thirteen provinces of North America, and a truce made between Great Britain and the said provinces, for years. (Suppose ten or twenty years.) 2. " That a negociation for peace shall bona fide be opened between Great Britain and the allies of America. 3 " If the proposed negociation between Great Britain and the allies of America, should not succeed so far as to produce peace, but that war should continue between the said parties, that America should act and be treated as a neutral nation. 4. u That whenever peace shall take place between Great Britain and the allies of America, the truce between Great 102 PRIVATE CORRESPONDENCE PART III. Britain and America shall be converted into a perpetual peace. The independence of America shall be admitted and guaranteed by Great Britain, and a commercial treaty settled between them. 5, " That these propositions shall be made to the court of France for communication to the American commis- sioners, and for an answer to the court of Great Britain. " The same day Mr. Grenville visited me. He ac- quainted me that his courier was returned, and had brought him full powers to treat for a peace with France and her allies. That he had been to Versailles and had shown his power to M. de Vergennes, and left a copy with him. That he had also a letter of credence which he was not to deliver 'till France should think tit to send a minister of the same kind to London ; that M. de Vergennes had told him he would lay it before the King, and had desired to see him again on Wednesday. That Mr. Oswald had arrived in London about an hour before the courier came away. That Mr. Fox in his letter had charged him to thank me for that which I had written, and to tell me he hoped I would never forget that he and 1 were of the same country. I answered that I should always esteem it an honour to be owned as a countryman by Mr. Fox. He had requested at our last interview that if I saw no impro- priety in doing it, I would favor him with a sight of the treaty of alliance between France and America. I ac- quainted him that it was printed, but if he could not rea- dily meet with a copy, I would have one written for him. And as he had not been able to find one, I this day gave it to him: He lent me a London Gazette, containing Admi- ral Rodney's account of his victory over M. de Grasse, PART III. OF BENJAMIN 1RANKL1N. 193 and the accounts of other successes in the East Indies, as- suring me however that those events made not the least change in the sincere desire of his court to treat for peace. In the afternoon the Marquis de la Fayette called upon me. I acquainted him with what Mr. Grenville had told me respecting his confidential letter, and the expectation that a person on the part of this court would be sent to London with a commission similar to his. The Marquis told me that he was on his way to Versailles, and should see M. de Vergennes. We concluded that it would now be proper for him to make the proposition we had before talked of, that he should be the person employed in that service. On Monday the 27th I received a letter from Mr. Jay dated the 8th, acquainting me, that he had received mine of the 21st and 22d past, and had concluded to set out for Paris about the 19th, so that he may be expected in a few days. I dined this day with Count d'Estaing, and a number of brave marine officers that he had invited. We were all a little dejected and chagrined with the news. I mentioned by way of encouragement the observation of the Turkish Bashaw who was taken with his fleet at Lepanto by the Venetians, " Ships," says he, " are like my master's beard, you may cut it, but it will grow again. He has cut off from your government all the Morea, which is like a limb that you will never recover." And his words proved true. On Tuesday I dined at Versailles with some friends, so was not at home when the Marquis de la Fayette called to acquaint me, that M. de V. informed him that the full Vol. II. N 194 PRIVATE CORRESPONDENCE PART ITT. power received by Mr. Grenville from London, related to France only. The Marquis left for me this information, which T could not understand. On Wednesday I was at court and saw the copy of the power. It appeared full with regard to treating with France, but mentioned not a word of her allies. And as M. de Vergennes had explicitly and constantly from the beginning declared to the several messengers, Mr. Forth, Mr. Oswald, and Mr. Grenville, that France could only treat in concert with her allies, and it had in consequence been declared on the part of the British ministry, that they consented to treat for a general peace, and at Paris, the sending this partial power appeared to be invidious, and a mere invention to occasion delay, the late disaster to the French fleet having probably given the court of England fresh courage, and other views. M. de Vergennes said he should see Mr. Grenville on Thursday, and would speak his mind to him on the subject very plainly. " They want," says he, " to treat with us for you ; but this the King will not agree to. He thinks it not consistent with the dignity of your state. You will treat for yourselves : and every one of the powers at war with England will make its own treaty. All that is necessary to be observed for our common security is, that the treaties go hand in hand, and are signed all on the same day." Prince Bariatinski, the Russian ambassador, was parti- cularly civil to me this day at court ; apologized for what had passed relating to the visit, expressed himself ex- tremely sensible of my friendship in covering the affair, which might have occasioned to him very disagreeable consequences, &c. The Comte du Nord came to M^ de Vergenues's while we were taking coffee after dinner. PART III. OF BENJAMIN FRANKLIN. lfjo He appears lively and active. There was an opera at night for his entertainment. The house being richly finished with abundance of carving and gilding, well illu- minated with wax tapers, and the company all superbly dressed, many of the men in cloth of tissue, and the ladies sparkling with diamonds, formed altogether the most splendid spectacle my eyes ever beheld. I had some little conference to-day with M. M. IJer- kenrode, Vanderpierre, and Boeris, the ambassadors of Holland, and the agents of the Dutch East India Com- pany. They informed me that the second letter of Mr. Fox to the mediating minister of Russia, proposing a se- parate peace with Holland, made no more impression than the first, and no peace would be made but in concurrence with France. The Swedish minister told me, he expected orders from his court relative to a treaty, &c. - I had at our last interview given Mr. Grenville a ren- dezvous for Saturday morning, and having some other en- gagements for Thursday and Friday, though I wished to speak with him on the subject of his power, I did not go to him, but waited his coming to me on Saturday. On Friday May 31, Mr. Oswald called on me, being just re- turned, and brought me the following letter from D. Hartley, Esq. and two letters from Lord Shelburae, the first of which had been written before Mr. O/s arrival in London. From David Hartley, Esq. M. P. to Dr. Franklin. My dear Friend, London, May 25, 17 '82. Yours of the 13th instant I received by Mr. Oswald. I did not doubt but that the news of a general 196 PRIVATE CORRESPONDENCE PART III. and absolute release of the American prisoners which Lord Shelburne was so good to communicate to me, in answer to that part of your^etler of the 5th of April, in which you speak so pathetically of sweet reconciliation, would give you much sincere and heartfelt pleasure. God send that it may be the happy omen of final reconciliation and durable peace. I should be very happy to hear that good news from you, and in any way to contribute to it. Having on that subject communicated the preliminaries dated May, 1782, 1 to Lord Shelburne, you may be assured that I have no reservations upon that head respecting America, in any circumstances or condition whatever. You know all my thoughts upon that subject, and the principles upon which they are founded, and therefore that they are not changeable. It would give me the greatest pleasure if I could hope for any opportunity of seeing you. I could say many things which are otherwise incommunicable, and which perhaps would contribute to facilitate the road to peace. I think I see, in many parts, much matter to work with, out of which a peace, honourable to all parties, and upon durable principles, might be established. — No degrading or mortifying conditions, to shorten peace and rekindle war. Perhaps I might not say too much if I were to add that simply the adoption *>f reason among nations, and the mere rectification of obsolete and gothic absurdities, which carry no gratification, would afford a fund of remuneration to all parties for renouncing those objects of mutual con- tention, which, in the eye of reason, are no better than creatures of passion, jealousy and false pride. Until the See P. S. to D. Hartley's Letter of May 17, 1782. PART III. OF BENJAMIN FRANKLIN. l$T principles of reason and equity shall be adopted in na- tional transactions, peace will not be durable amongst men. These are reflectioas general to all nations. As to the mutual concerns between G. B. and N. A., 1 reconciliation is the touch-stone to prove those hearts which are without alloy. If I can be of any assistance to you in any com- munications or explanations conducive to peace, you may command my utmost services. Even if a French minister were to overhear such an offer, let him not take it in jealous part. Zealously and affectionately attached to my own country and to America, I am nevertheless most per- fectly of accord with you, that justice and honour should be observed towards all nations. Mr. Oswald will do me the favour to convey this to you. I heartily wish him success in his pacific embassy. Yours ever most affec- tionately, G. B. Fkom Lord Shelburne, to B. Franklin, Esq. Sir, Whitehall, May 21, 1782. I am honoured with your letter of the 1 1th instant, and am very glad to find, that the conduct which the king has empowered me to observe towards Mr. Laurens and the American prisoners, has given you plea- sure. I have signified to Mr. Oswald his Majesty's pleasure, that he shall continue at Paris till he receives orders from hence to return. ' Initials for Great Britain, and North America, and sometimes used as signatures by Mr. Hartley and Dr. Franklin in their cor- respondence. 198 PRIVATE CORRESPONDENCE PART III. In the present state of this business there is nothing left for me to add but my sincere wishes for a happy issue, and to repeat my assurances, that nothing shall be wanting on my part, which can contribute to it. I have the honour to be, with very great regard, Sir, your most obedient humble seivant, Shelburne. From Lord Shelburne to B. Franklin, Esq, Sir, Whitehall, May 26, 1 782. I have the honour to receive your letter of the 1.3th May by Mr, Oswald. It gives me great pleasure to find my opinion of the moderation, prudence, and judgment of that gentleman, confirmed by your concurrence. For I am glad to assure you, that we likewise concur in hoping that those qualities may enable him to contribute to the speedy conclusion of a peace, and such a peace as may be firm and long lasting. In that hope he has the king's orders to return imme- diately to Paris, and you will find him, I trust, properly instructed to co-operate to so desirable an object. I have the honour to be, with very sincere respect and esteem, dear Sir, your most obedient, humble servant, Shelburne, I had not then time to converse with Mr. Oswald, and he promised to come and breakfast with me on Monday. Saturday, June 1st, Mr. Grenville came according to appointment. Our conversation began by my acquainting him that 1 had seen M, de Vergennes, and had perused the copy left with him of the power to treat. That after what Mr. Grenville had told me, of its being to treat with PART III. OF BENJAMIN FRANKLIN. 19£ France and her allies, I was a little surprized to find iu it no mention of the allies, and that it was only to treat with the king of France and his ministers : that at Versailles there was some suspicion of its being intended to occasion delay,, the professed desire of speedy peace being perhaps abated in the British court since its late successes ; but that I imagined the words relating to the allies might have been accidentally omitted in transcribing, or that perhaps he had a special power to treat with us distinct frorn the other. He answered, that the copy was right, and that he had no such special power in form, but that his in- structions were full to that purpose, and that he was sure the ministers had no desire of delay, nor any of excluding us from the treaty, since the greatest part of those in- structions related to treating with me. That to convince me of the sincerity of his court respecting us, he would acquaint me with one of his instructions, though perhaps the doing it now was premature, and therefore a little inconsistent with the character of a politician, but he had that confidence in me, that he should not hesitate to inform me, (though he wished that., .at present it should go no far- ther) he was instructed to acknowledge the independence of America, previous to the commencement of the treaty. And he said, he could only account for the omission of America in the power, by supposing that it was an old official form copied from that given to Mr. Stanley when he came over hither before the last peace. Mr. Grenville added, that he had, immediately after his interview with M. de Vergennes, dispatched a courier to London, and hoped that with his return the difficulty would be removed. That he was perfectly assured their late success had made no change in the disposition of his court to peace ; and 200 PRIVATE CORRESPONDENCE PART III, that he had more reason than M. de Vergennes to com- plain of delay, since five days were spent before he could obtain a passport for his courier, and then it was not to go and return by way of Calais, but to go by Ostend, which would occasion a delay of five days longer. Mr. Gren- ville then spoke much of the high opinion the present ministry bad of me, and their great esteem for me ; their desire of a perfect reconciliation between the two coun- tries, and the firm and general belief in England, that no man was so capable as myself of proposing the proper means of bringing about such a reconciliation ; adding, that if the old ministers had formerly been too little atten- tive to my counsels, the present were very differently dis- posed, and he hoped that in treating with them I would totally forget their predecessors. The time has been when such Battering language from great men, might have made me vainer, and had more effect on my conduct than it can at present, when I find myself so near the end of life, as to esteem lightly all personal interests and concerns, except that of maintaining to the last, and leaving behind me, the tolerably good character 1 have hitherto sup- ported. - efioH Mr. G. then discoursed of our resolution not to treat w iihout our allies. This, says he, can properly only relate to France, with whom you have a treaty of alliance, but you have none with Spain, you have none with Holland. If Spain and Holland, and even if France should insist on unreasonable terms of advantage to themselves, after you have obtained all you want, and are satisfied, can it be right that America should be dragged on in u war of their interests only ? He stated this matter in various lights, and pressed it earnestly. I resolved from various reasons to PART III. OF VENJAfcUN FBANKtIN. 201 evade the discussion, therefore answered, that the intended treaty not being yet begun, it appeared unnecessary to enter at present into considerations of that kind. The preliminaries being once settled and the treaty commenced, if any of the other powers should make extravagant de- mands on England, and insist on our continuing the war till those were complied with, it would then be time enough for us to consider what our obligations were, and how far they extended. The first thing necessary was for him to procure the full powers, the next for us to assemble the plenipotentiaries of all the belligerent parties, and then propositions might be mutually made, received, con- sidered, answered, or agreed to. In the mean time I would just mention to him, that though we were yet under no obligations to Spain by treaty, we were under obliga- tions of gratitude for the assistance she had afforded us ; and as Mr. Adams had some weeks since commenced a treaty in Holland, the terms of which I was not yet acquainted with, I knew not but that we might have al- ready some alliance and obligations contracted there. And perhaps we ought however to have some consideration for Holland on this account ; that it was in vengeance for the friendly disposition shown by some of her people to make a treaty of commerce with us, that England had declared the war against her. He said, it would be hard upon England, if having given reasonable satisfaction to one or two of her four enemies, she could not have peace with those till she had complied with whatever the others might demand, however unreasonable ; for so she might be obliged to pay for every article four-fold. I observed that when she made her propositions, the more advantageous they were to each, the more it would be the interest of 202 PRIVATE CORRESPONDENCE PART 111. each to prevail with the others to accept those offered to them. We then spoke of the reconciliation, but his full power not being yet come, I chose to defer entering upon that subject at present. I told him I had thoughts of putting down in writing the particulars that I judged would conduce to that end, and of adding my reasons ; that this required a little time and I had been hindered by accidents, which was true, for I had begun to write, but had postponed it on account of his defective power to treat. But I promised to finish it as soon as possible. He pressed me earnestly to do it, saying, an expression of mine in a former conversation, that " there still remained roots of good will in America towards England, which if properly taken care of might produce a reconciliation," had made a great impression on his mind, and given him infinite pleasure, and he hoped I would not neglect fur- nishing him with the information of what would be neces- sary to nourish those roots, and could assure me, that my advice would be greatly regarded. Mr. Grenville had shown me at our last interview a letter from the Duke of Richmond to him, requesting him to prevail with me, to disengage a Captain Macleod of the artillery from his parole, the Duke's brother, Lord George Lenox, being appointed to the command of Ports- mouth, and desiring to have him as his aide-de-camp. I had promised to consider of it, and this morning I sent him the following letter. Sir, Passy, May 3 1 , 1 782. I do not find that I have any express authority to absolve a parole given by an English officer iu America. But desirous of complying with a request of PART III. OF BENJAMIN FRANKLIN. 203 the Duke of Richmond as far as in my power, and being confident that the Congress will be pleased with whatever may oblige a personage they so much respect, I do hereby consent that Captain Macleod serve in his military capa- city, in England only, till the pleasure of the Congress is known, to whom I will write immediately, and who I make no doubt will discharge him entirely. I have the honour to be, &c. &c. B. Franklin. America had been constantly befriended in parliament by the Duke of Richmond, and I believed the Congress would not be displeased that this opportunity was taken of obliging him, and that they would by their approbation supply the deficiency of my power. Besides, I could not well refuse it after what had passed between Mr. Laurens and me, and what I had promised to do for the satisfac- tion of that gentleman. Sunday, June 2. The Marquis de la Fayette called and dined with me. He is uneasy about the delay, as he cannot resolve concerning his voyage to America, till some certainty appears of there being a treaty, or no treaty. This day, I wrote the following letter to Mr. Adams. Sir, Passy, June 2, 1782, Since mine of May 8, I have not had any thing material to communicate to your Excellency. Mr. Grenville indeed arrived just after I had dispatched that letter, and 1 introduced him to M. de Vergennes ; but as his mission seemed only a repetition of that by Mr. Os- wald, the same declarations of the King of England's sin- cere desire of peace, and willingness to treat of a general pacification with all the powers at war, and to treat at 204 PRIVATE CORRESPONDENCE PART III. Paris, which were answered by the same declarations of the good dispositions of this court ; and that it could not treat without the concurrence of its allies, I omitted writ- ing till something should be produced from a kind of agree- ment, that M. de Vergennes would acquaint Spain and Holland of the overture, and that Mr. Grenville would write for full powers to treat and make propositions, &c. nothing of importance being in the mean time to be trans- acted. Mr. Grenville accordingly dispatched a messenger for London, who returned in about twelve days. Mr. G. called on me after having been at Versailles, and acquainted me, that he had received the power, and had left a copy of it with M. de Vergennes, and that he was thereby autho- rized to treat with France and her allies. The next time > I went to Versailles I desired to see that copy, and was surprized to find in it no mention of the allies of France or any one of them ; and on speaking with M. de Ver- gennes about it, I found he began to look upon the whole as a piece of artifice to amuse us, and gain time, since he had uniformly declared to every agent who had appeared here, viz. to Forth, Oswald, and Grenville, that the King would not treat without the concurrence of his allies, and yet England had given a power to treat with France only, which showed that she did not intend to treat at all, but meant to continue the war. I had not till yesterday an opportunity of talking with Mr. Grenville on the subject, and expressing my wonder, after what he told me, that there should be no mention made of our states in his com- mission ; he could not explain this to my satisfaction, but said he believed the omission was occasioned by their copying an old commission given to Mr. Stanley at the PART 111. OF BENJAMIN FRANKLIN. 205 last treaty of peace, for that he was sure the intention was, that he should treat with us, his instructions being fully to that purpose. I acquainted him that I thought a special commission was necessary, without which we could not treat with him. I imagine that there is a reluctance in their King to take this first step, as the giving such a com- mission would itself be a kind of acknowledgment of our independence ; their late success against Count de Grasse may also have given them hopes that by delay, and more successes, they may make that acknowledgment* and a peace less necessary. Mr. Grenville has written to his court for farther in- structions. We shall see what the return of his couriers will produce. If full power to treat with each of the powers at war against England does not appear, I imagine the negociation will be broken off. Mr. G. in his conversations with me, insists much on our being under no engagements not to make peace with- out Holland. I have answered that I know not but you may have entered into some, and that if there should be none, a general pacification made at the same time, would be best for us all ; and that 1 believe neither Holland nor We could be prevailed on to abandon our friends. What happens farther shall be immediately communicated. Be pleased to present my respects to Mr. Laurens, to whom I wrote some days since. Mr. Jay I suppose is on his way hither. With great respect, I have the honour to be, Sir, your Excellency's, &c. &c. &c. JB. Franklin. On Monday the 3rd, Mr. Oswald came according to appointment. He told me he had seen and had conversa- tions with Lord Srlelburne, Lord Rockingham, and Mr. 206 PRIVATE CORRESPONDENCE PART III. Fox. That their desire of peace continued uniformly die same, though he thought some of them were a little too much elated,with the late victory in the West Indies ; aud when observing his coolness they asked him, if he did not think it a very good thing ; yes, says he, if you do not rate it too high. He went on with the utmost frankness to tell me, that the peace was absolutely necessary for them. That the nation had been foolishly involved in four wars, and would no longer raise money to carry them on, so that if they continued it would be absolutely necessary to stop payment of the interest money on the funds, which would ruin their future credit. He spoke of stopping on all sums above 1000/. and continuing to pay on those below ; because the great sums belonged to the rich, who could better bear the delay of their interest; and the smaller sums to poorer persons, who would be more hurt, and make more clamour ; and that the rich might be quieted by promising them interest upon their interest. All this looked as if the matter had been seriously thought on : Mr. Oswald has an air of great simplicity and honesty, yet I could hardly take this to be merely a weak confes- sion of their deplorable state ; and thought it might be intended as a kind of intimidation, by showing us that they had still that resource in their power, which he said would furnish five millions a year. But he added, our enemies may now do what they please with us, they have the ball at their foot t was his expression, and we hope they will show their moderation, and their magnanimity. He then repeatedly mentioned the great esteem the ministers had for me, that they with all the considerate people of Eng- land looked to and depended on me for the means of ex- tricating the nation from its present desperate situation, PART 1 1 T. OF BENJAMIN FRANKLIN. 207 and that perhaps no single man had ever in his hands an opportunity of doing so much good, as I had at thi« pre- sent, with much more to that purpose : he then showed me a letter to him from Lord Shelburne, partly J suppose that 1 might see his Lordship's opinion of me, which, as it has some relation to the negociation, is here inserted. He left it with me, requesting that I would communicate it to Mr. Walpole. Sir, Whitehall, May 21, 1782. It has reached me that Mr. Walpole esteems himself much injured by your going to Paris, and that he conceives it was a measure of mine intended to take the present negociation with the court of France out of his hands, which he conceives to have been previously com- menced through his channel by Mr. Fox. I must desire that you will have the goodness to call upon Mr. Walpole, and explain to him distinctly, how very little foundation there is for so unjust a suspicion, as I know of no such intercourse. Mr. Fox declares, he considered what had passed between him and Mr. W^alpole of a mere private nature, not sufficiently material to mention to the King or the cabinet, and will write to Mr. Walpole to explain this distinctly to him. 1 But if you find the least suspicion of 1 Since the publication of the first edition of this volume, a very intimate friend of Mr. Walpole's has suggested to the editor, that Lord Shelburne must have been misinformed in regard to Mr. W.'s thinking himself aggrieved by Mr. Oswald's mission. But that Mr. W. had been authorized by a letter from Mr. Fox to negociate respecting a claim made by the French government in behalf of the inhabitants of St. Eustatia, for a compensation for the merchandize, &c. of which they had been plundered by Ad- 208 PRIVATE CORRESPONDENCE PART 111. this kind has reached Dr. Franklin, or M. Je Comte de Vergennes, 1 desire this matter may be clearly explained to both. I have too much friendship for Dr. Franklin, and too much respect for the character of M. le Comte de Vergennes with which I am perfectly acquainted, to be so indifferent to the good opinion of either, as to suffer them to believe me capable of an intrigue, where I have both professed and observed a direct opposite conduct. In truth I hold it in such perfect contempt, that however proud I may be to serve the King hi my present station or in any other, and however anxious I may be to serve my country, I should not hesitate a moment about retiring from any situation which required such services. But I must do the King the justice to say, that his Majesty abhors them, and I need not tell you, that it is my fixed principle that no country in any moment can be advan- taged by them. I am, with great truth and regard, Sir, your most obedient humble servant, Shelburne. Richard Oswald, Esq. In speaking farther of the ministry's opinion of the great service it might be in my power to render, Mr. Oswald said he had told them in one of his conversations, that nothing was to be expected of me but consistence, nothing unsuitable to my character, or inconsistent with miral, afterwards Lord Rodney. That in Mr. Fox's letter (which this friend actually saw) there was a general intimation of a wish for peace, but that Mr. W. did not consider himself as authorized to take any step towards obtaining it ; and that he is confident he did not expect to be employed for the purpose which occa- sioned Mr. Oswald's mission. PART III. OF BENJAMIN FRANKLIN. <20g my duty to my country ; I did not ask hint the particular occasion of his saying this, but thought it looked' a little as if something inconsistent with my duty had been talked of or proposed. Mr. Oswald also gave me a copy of a paper of memo- randums written by Lord Shelburne, viz. 1 . That I am ready to correspond more particularly with Dr. Franklin if wished. 2. That the enabling act is passing with the insertion of commissioners recommended by Mr. Oswald, and on our part commissioners will be named, or any character given to Mr. Oswald, which Dr. Franklin and he may judge conducive to a final settlement of things between Great Britain and America. Which Dr. Franklin very properly says requires to be treated in a very different manner from the peace between Great Britain and France, who have been always at enmity with each other. 3. That an establishment for the loyalists must always be upon Mr. Oswald's mind, as it is uppermost in Lord Shelburne's, besides other steps in their favour, to in- fluence the several States to agree to a fair restoration or compensation for whatever confiscations have taken place. 4. To give Lord Shelburne's letter about Mr. Walpule to Dr. Franklin. •',.;,; On perusing this paper, I recollected that a bill had been some time since proposed in parliament to enable his Majesty to conclude a peace or truce with the revolted Colonies in America, which 1 supposed to be the enabling bill mentioned ; that had hitherto slept, and not having been passed was perhaps the true reason why the colonies were not mentioned in Mr. GrenvihVs commission. Mr, Oswald thought it likely, and said that the words is inser- Vol. II. O 210 PRIVATE CORRESPONDENCE PART III. tion of commissioners recommended by Mr. Oswald " related to his advising an express mention in the bill of the commissioners appointed by congress to treat of peace, instead of the vague denominations of any person or per- sons, &c. in the first draft of the bill. As to the loyalists, I repeated what I said to him when first here, that their estates had been confiscated by the laws made iii the par- ticular States where the delinquents had resided, and not by auy law of congress, who indeed had no power either to make such laws, or to repeal them, or to dispense with them, and therefore could give no power to their commis- sioners to treat of a restoration for those people : that it was au affair appertaining to each State. That if there were justice in compensating them, it must be due from England rather than from America ; but in my opinion, England was not under any very great obligations to them, since it wa3 by their misrepresentations and bad counsels that she had been drawn into this miserable war. And that if an account was to be brought against us for their losses, we should more than balance it, by an account of the ravages they had committed all along the coasts of America. Mr. Oswald agreed to the reasonableness of all this, and said he had, before he came away, told the ministers, that he thought no recompence to those people was to be expected from us ; that he had also, in conse- quence of our former conversation on that subject, given it as his opinion that Canada should be given up to the United States, as it would prevent the occasions of future difference, and as the government of such a country was worth nothing, and of no importance if they could have there a free commerce ; that the Marquis of Rockingham and Lord Shelburne, though they spoke reservedly, did PART III. OF BENJAMIN FRANKLIN. 21 \ not seem very averse to it : but that Mr. Fox seemed startled at the proposition. He was, however, not with- out hopes that it would be agreed to. We now came to another article of the note, viz. " On our part commissioners will be named, or any character given to Mr. Oswald which Dr. Franklin and he may judge conducive to a final settlement of things between Great Britain and America." This he said was left en- tirely to me, for he had no will in the affair ; he did not desire to be farther concerned than to see it en train ; he had no personal views either of honour or profit. He had now seen and conversed with Mr. Grenviile, thought him a very sensible young gentleman, and very capable of the business ; he did not therefore see any farther occa- sion there was for himself; but if I thought otherwise, and conceived he might be farther useful, he was content to give his time and service in any character or manner I should think proper. I said his knowledge of America, where he had lived, and with every part of which and of its commerce and circumstances he was well acquainted, made me think that in persuading the ministry to things reasonable relating to that country, he could speak or write with more weight than Mr. Grenviile, and therefore I wished him to continue in the service : and I asked him whether he would like to be joined in a general commis- sion for treating with all the powers at war with England, or to have a special commission to himself for treating with America only : he said he did not chuse to be con- cerned in treating with the foreign powers, for he was not sufficiently a master of their affairs, or of the French Ian* guage, which probably would be used in treating ; if there- fore he accepted of any commission it should be that of 212 PRIVATE CORRESPONDENCE PART III. treating with America. I told him I would write to Lord Shelburne on the subject, but Mr. Grenville having some time since dispatched a courier (partly on account of the commission,) who was not yet returned, I thought it well to wait a few days till we could see what answer he would bring, or what measures were taken ; this he approved of. The truth is, he appears so good and so reasonable a man, that though I have no objection to Mr. Grenville, I should be loth to lose Mr. Oswald. He seems to have nothing at heart but the good of mankind, and putting a stop to mischief; the other, a young statesman, may be supposed to have naturally a little ambition of recom- mending himself as an able negociator. In the afternoon Mr. Boeris of Holland, called on me and acquainted me that the answer had not yet been given to the last memorial from Russia, relating to the media- tion ; but it was thought it would be in respectful terms to thank her imperial Majesty for her kind offers, and to represent the propriety of their connection with France in endeavours to obtain a general peace, and that they con- ceived it would be still more glorious for her Majesty to employ her influence in procuring a general, th*an a partial pacification. Mr. Boeris farther informed me, that they were not well satisfied in Holland with the conduct of the Russian court, and suspected views of continuing the war for particular purposes. Tuesday, June 4. I received another packet from Mr. Hartley. It consisted of duplicates of the former letters and papers already inserted, and contained nothing new but the following letter from Colonel Hartley, his brother, viz. PA.RT III. OF BENJAMIN FRANKLIN. 213 Dear Sir, Soho Square, May 24, 1782. It is with the greatest pleasure I take up my pen to acknowledge your remembrance of me in yours to my brother, and to thank you for those expressions of regard which I can assure you are mutual. My brother has desired me to copy some letters and papers by way of sending you duplicates. I am particularly happy at the employment, because the greatest object of my parlia- mentary life has been to co-operate with him in his endeavours to put a period to this destructive war, and forward the blessed work of peace. I hope to see him again in that situation where he can so well serve his country with credit to himself, and while I have the honour of being in parliament, my attention will be continued to promote the effects, which will naturally flow from those principles of freedom and universal philanthropy you have both so much supported. While I copy his words, my own feelings and judgment are truly in unison, and I have but to add the most ardent wish that peace and happiness may crown the honest endeavours towards so desirable an end. I am, dear Sir, with the greatest respect and esteem, yours sincerely, W. H. Hartley. Dr. Franklin. Wednesday, June 5. Mr. Oswald called again to acquaint me that Lord Cornwallis being, very anxious to be discharged from his parole as soon as possible, has sent me a Major Ross hither to solicit it, supposing Mr. Laurens might be here with me. Mr. Oswald told me, what I had not before heard, that Mr. Laurens while prisoner in the Tower, had proposed obtaining the dis- charge of Lord Cornwallis in exchange for himself, and 214 PRIVATE CORRESPONDENCE PART III. had promised to use his utmost endeavours to that purpose, in case he was set at liberty, not doubting the success. I communicated to Mr. Oswald what had already passed be- tween Mr. Laurens and me respecting Lord Cornwallis ; which appears in the preceding letters, aud told him, I should have made less difficulty about the discharge of his parole, if Mr. Laurens had informed me of his being set at liberty in consequence of such an offer and promise ; and I wished him to state this in a letter to me, that it might appear for my justification in what I might with Mr. Laurens do in the affair; and that he would procure for me from Major Ross a copy of the parole, that I might be better acquainted with the nature of it. He ac- cordingly in the afternoon sent me the following letter. ni at. Sir, . Paris, June 5, 1782. ^y[ While Mr. Laurens was under confine- ment in England, he promised, that on condition of his be- ing liberated upon his parole, he would apply to you for an exchange in favour of my Lord Cornwallis, by a dis- charge of his Lordship's granted upon the surrender of his garrison at the village of York in Virginia : and, in case of your being under any difficulty in making such exchange, he undertook to write to the Congress, and to request it of that Assembly ; making no doubt of obtaining a favour- able answer without loss of time. This proposal, signed by Mr. Laurens's hand, I carried and delivered, I think, in the month of December last, to his Majesty's then Secretaries of State, which was duly at- tended .to ; and in consequence thereof, Mr. Laurens was soon after set at full liberty. And though not a prisoner PART III. OF BENJAMIN FRANKLIN. 215 under parole, yet it is to be hoped a variation in the mode of discharge will not be supposed of any essential diffe- rence. And with respect to Mr. Laurens, I am satisfied he will consider himself as much interested in the success of this application as if his own discharge had been obtained un- der the form as proposed by the representation which I delivered to the Secretaries of State ; and I make no doubt will sincerely join my Lord Cornwallis in an acknowledg- ment of your favour and good offices in granting his Lord- ship a full discharge of his parole abovementioned. I have the honour to be, with much respect, Sir, your most obedient humble servant, Richard Oswald. P. S. Major Ross has got no copy of Lord Corn- wallis's parole. He says it was in the common form, as in like cases. Since writing the above, 1 recollect I was under a mis- take, as if the proposal of exchange came first from Mr. Laurens ; whereas it was made by his Majesty's Secreta- ries of State to me, that Mr. Laurens shouW endeavour to procure the exchange of Lord Cornwallis, so as to be dis- charged himself. Which proposal I carried to Mr. Lau- rens, and had from him the obligation abovementioned, upon which the mode of his discharge was settled. R.O. To the foregoing I wrote this answer. Sir, Passy, June 6, 1782. I received the letter you did me the honour of writing to me, respecting the parole of Lord Cornwallis. 216 PRIVATE CORRESPONDENCE PART III. You are acquainted with what I wrote some time since to Mr. Laurens. To-morrow is post day from Holland, when possibly I may receive an answer, with a paper drawn up by him for the purpose of discharging that pa- role, to be signed by us jointly. I suppose the staying at Paris another day will not be very inconvenient to Major Ross ; and if I do not hear to-morrow from Mr. Laurens, I will immediately, in compliance with your request, do what I can towards the liberation of Lord Cornwallis. I have the honour to be, with great respect, Sir, your most obedient humble servant, R. Oswald, Esq. B. Franklin. * • . . Friday, June 7- Major Ross called upon me, to thank me for the favourable intentions I had expressed in my letter to Mr. Oswald respecting Lord Cornwallis, and to assure me his Lordship would for ever remember it with gratitude, &c. I told him it was our duty to alleviate as much as we could the calamities of war ; that I expected letters from Mr. Laurens relating to the affair, after the receipt of which I would immediately complete it. Or if I did not hear from Mr. L. I would speak to the Marquis de la Fayette, get his approbation, and finish it without farther waiting. Saturday, June 8. 1 received some newspapers from England, in one of which is the following paragraph. ■ Extract from the London Evening Post of May 30, 1782. " If reports on the spot speak truth, Mr. Grenville, in his first visit to Dr. Franklin, gained a considerable point of information as to the powers America had retained PART III. OF BENJAMIN FRANKLIN. 217 for treating separately with Great Britain, in case her claims or demands were granted. The treaty of February 6, 1778, was made the basis of this conversation ; and by the spirit and meaning of this treaty, there is no obligation on America not to treat sepa- rately for peace, after she is assured England will grant her independence, and a free commerce with all the world. The first article of that treaty engages America and France to be bound to each other as long as circumstances may require ; therefore the granting America all that she asks of England, is breaking the bond by which the cir- cumstances may bind America to France. The second article says, the meaning and direct end of the alliance is, to ensure the freedom and independence of America. Surely, then, when freedom and independence are allowed by Britain, America may or may not, as she chuses, put an end to the present war between England and America, and leave France to war on through all her mad projects of reducing the power and greatness of England, while America feels herself possessed of what she wishes. By the eighth article of the treaty neither France or America can conclude peace without the assent of the other ; and they engage not to lay down their arms, until the independence of America is acknowledged ; but this article does not exclude America from entering into a se- parate treaty for peace with England, and evinces more strongly than the former article, that America may enter into a separate treaty with England, when she is convinced that England has insured to her, all that she can reason- ably ask." -telo JHioq £18 PRIVATE CORRESPONDENCE PART III. I conjecture that this musjt be an extract from a letter of Mr. Grenville's. But it carries an appearance as if he and I had agreed in these imaginary discourses of Ameri- ca's being at liberty to make peace without France, &c. Whereas my whole discourse in the strongest terms de- clared our determinations to the contrary, and the impos- sibility of our acting not only contrary to the treaty, but the duties of gratitude and honour, of which nothing is mentioned. This young negociator seems to value him- self on having obtained from me a copy of the treaty. I gave it him freely, at his request ; it being not so much a secret as he imagined, having been printed, first in all the American papers, soon after it was made ; then at London in Almon's Remembrancer, which I wonder he did not know : and afterwards in a collection of the American Constitutions published by order of Congress. As such imperfect accounts of our conversations find their way into the English papers, I must speak to this gentleman of its impropriety. to do, and he will do nothing that a mau of honour ought not to do. I have desired him to give a paper of queries, respect- ing modes and terms of settling in America, which people of this old world, and of the old country may in future be admitted to receive. I am, not only for my friends, but personally interested to gain information on that head : and as 1 wish that which will not deceive them or myself, I apply to you. May God send peace on earth. I hope among the general blessings it will bring, it will restore me to the communication and enjoyment of my old and long valued friendship with you. May you live to see, and have health to enjoy, the blessings which T hope it may please God to make you the instrument of communicating to mankind. I am, dear Sir, your friend and very humble servant, T. Pownall. P. M. To the Hon. Mr. Hobart. When I published the memorials which I had prepared for the King, January 1, 1782, I prefixed a PART III. OF BENJAMIN FRANKLIN. 249 prefatory explanation of the publication, stating, as far as was safe so to do, the state of the propositions of treaty, and the circumstances attending the reception and final refusal of them. I could not think it proper to name the person with whom I had corresponded, who was authorized to treat of peace, and was willing to promote it, because I knew the insidious falsehood of those who both hate and fear him, would, when once his name was committed with the pub- lic, represent him in any light that might tend to diminish and destroy the trust and confidence which he so de- servedly has from his employers. The memorials there- fore speak of persons in the plural, and the preface in its communications to the public keeps close to that ex- pressed. ? c I could not venture to tell the public, nor could I ven- ture to write to this person, the fact that he specifically and personally was excepted to, in an opprobrious manner. Because the safrie persons who are his enemies, having pro- scribed me, would have been glad of making such my com- munications an occasion of charging me with crimes, which, notwithstanding they have been in constant watch, they have never yet been able to do. For although I know they have whispered such in the closet, they never have dared to assert any such matter as fact in public. What I did, I thought right in point of honour to all concerned or in- terested, and I went as far as I dared venture to go in the publications which 1 made. As this exception to the integrity and good faith of my correspondent, was made upon the very first overture which I made by all the ministers, I made a point, in all the memorials which I drew up for presentation (had the 250 PRIVATE CORRESPONDENCE PART hi. offers been admissible,) of founding my offers on the in- tegrity and good faith of this person (p. 32), and in this communication to the public of marking him (preface, p. 10), as a man of honour and good faith. I could not venture to communicate to my correspon- dent, much less to the public, those matters, which, though not officially communicated to me, these my ene- mies would have represented as a betraying to the enemy the secrets of government. But it is fit, if not absolutely necessary, to make this memorandum of these things, that the truth, when the proper time shall come, may be known to all whom it doth concern ; and it is further fit that this memorandum should be communicated to you now, as the proposing of your services was included in the offers made as a condition sine qua non. Between the 6th of December, 1781, and the end of January, 1782, during which time the ministry kept me in suspense as to what resolution tfoey would take, as to what answer they would give ; or whether they would give me any answer at all ; or whether they would deign to admit me and my propositions to a hearing ; they dishonourably towards me, and as I think towards my correspondent also, profited of the fact communicated by me to them, viz. " that there were persons authorized to treat of peace ; and, that these persons were disposed to give such treaty every assistance in their power :" — and sent one person (i have been told it was Mr. Oswald,) to Holland, a per- son, if not actually the same person, to Ghent, and a Mr. Forth to France, to try if they could not get upon the same ground by other ways, and through other persons. 1 have been told and believe it, that they understood that Mr. Adams was (disgusted with the Dutch government) VART III. OF BENJAMIN FRANKLIN. 2M ready to accede to ours. Also that Mr. -at Ghent was already gained. This person they hurried off to America ; and they gave instructions to General Carleton to open the ground of treaty in America. In short they tried any ground and every person except him who was excepted to. And when they found that they could not. get in at any door in Europe, they affected to interpret this disappointment into a fact, " That the American ministers were either not empowered or not willing to treat ; that the offer was now clearly a trap laid by a faithless and decided enemy." When I first made my offer I was asked whether I would go to Ghent or Holland, which I peremptorily re- fused. I was then asked why I would not, 1 said I knew, nothing of the person in Holland, and as to the person at Ghent, I would have no communications there. The only person I would have communications with, was him that I knew had powers, whom 1 knew to be, notwith- standing all provocations to the contrary, invariably con- sistent with his duty to his own country, a well-wisher and friend to this, whom from experience I knew to be a man of honour and good faith, whom I could trust, and who would trust me. This person and this line was rejected ; I will not aggravate the colour of facts by saying how. J was informed that during this period they were talking with Mr. Laurens as a more practicable man, as one who had by acknowledging himself amenable to the laws and courts of this country, and by the act of giving bail had by implication acknowledged (at least de facto), the sove- reignty of Great Britain, and that the ministers of the States were criminals against this country. This gentle^ man therefore, and his surety Mr. Oswald, were fixed 252 PRIVATE CORRESPONDENCE PART III. upon as the persons through whom business might go. What was the nature of the matters of business on which they were communicated with, I do not know. Notwithstanding the change of the ministry which took place at this period, there were some in the new compo- sition of ministers, who partook of the spirit and influence of the old ones, and the same line of motion, and the same persons, were in like manner, as before, adopted for treaty. The memorial, January 1, 1782, (p. 22), declares spe- cifically and definitively what was the proposition I made, viz. to open a " negociation J or the purpose only of set- tling such a truce with the Americans, as a preliminary measure, in order the better to treat of peace in future, either separately, or in any general Congress of the powers of Europe." And this on a ground of uti possidetis, both as to rights as well as territories possessed, which I explain- ed an acknowledgment of the independence of America, with a sauf d'honneur to the British sovereign, and a re- moving of all obstacles from the way of such other sove- reigns in Europe as had not yet brought themselves to ac- knowledge the American sovereignty, (p. 22.) I never pretended to talk of peace, much less of a separate peace, but definitely declared that whatever was undertaken " must not contravene, (Mem. Jan. 1782. p. 21), nor ever bring into question, treaties already subsisting." On this ground it was, that upon my first overtures I proposed that while I was treating with the American ministers, Mr. Hobart might be authorised to treat with French ministers as the properest man then in England, as living with the men of business of that Court ; as known to them ; as knowing them ; and between whom and him PART III. OF BENJAMIN FRANKLIN. 253 there was that degree and those habits of acquaintance and good opinion, which is the only soil out of which practical confidence in negociation can grow ; as one with whom I could communicate with the most perfect confidence, as one in whose hands I would repose my life and honour. I said first that if these two lines of treaty were not insti- tuted at the same time ; and secondly, that if Mr. Hobart was not the person joined with me, I would not engage in what 1 had offered. This gentleman, a man of honour, brother to the Earl of Buckingham, of a noble distinct landed estate of his own ; a man designed by his education at the Court of Vienna, under former ministers in a former reigu, for the corps diplomatic, and actually having served in Russia, was also inadmissible. And they thus ended all matters in which I had made my offers. Having thus found the ministers with whom I had com- municated, impracticable towards peace in the only line in which l thought it might be obtained, and seeing an op- portunity in which I could be principally instrumental in turning them out, I seized the occasion, and effectuated the purpose. General Conway had commuuicated to me a measure which he was to take of moving an address of the House of Commons, to pray his Majesty to relinquish the farther prosecution of the War. I stated to him the following difficulty which might be thrown on the ground of his motion, so as to obstruct his proceeding in it. The mi- nisters might in general terms, and equivocal assertions, say, that they were trying the ground of treaty, and that propositions towards negociation were afloat, &c. &c, and then if on this ground they called upon him, not at such a juncture to bring forward measures which might 254 PRIVATE CORRESPONDENCE PART TIT. obstruct their endeavours, and destroy all hopes and views of peace, he would be puzzled what to answer and how to proceed. But, that if he could have it in his power to say, That so far from opening the ground of negociation, or being disposed to take a way to such $ which offers had opened to them ; that they had offers made by persons communicating with other persons actually authorised and willing to treat of peace, and had rejected those offers ; I thought the ministers would not know how to oppose his motion. He said, that indeed would be strong ground, from whence if the ministry were attacked, he did not see how they could maintain their ground. I then proceeded in my communications to him, without naming my corres- pondent, nay absolutely refusing to name when earnestly pressed, and told him, that 1 was the person to whom communications had come, " that there were in Europe persons authorized to treat of peace, and who had de- clared that any reasonable measures to that end, should have every assistance in their power." That I had com- municated this to the ministry, that after delaying all an- swer from December 6th to the end of January, to offers which I had made them on that ground, they had finally and absolutely rejected the persons and the offers. He said if this could be proved it must turn them out. I then authorised him to make those assertions ■ which he made in the House, aad that we might not misunderstand one another, 1 desired they might be written down : and far- ther authorised him, if the ministry by denying the asser- tions should render it necessary, to name me, as ready to come and declare the same at the bar of the House of Which were not those the news-papers published. PART III. OF BENJAMIN FRANKLIN. 9.5') Commons ; and that m tlie mean while lie need not make anv secret of me on this matter. The ministers could not, and did not venture to deny it, and were forced to quit their ground and their places/ Upon the change of mi- nisters, I by letter to General Conway made an offer of mv services to open the same negociation which I had proposed to the late ministers ; but from that hour to this day have never heard from him : and soon after found that Lord Shelburne had employed Mr. Oswald, who was Mr. Laurens's surety, and that bis Lordship had seen Mr. Laurens. Richmond, July 2, 1732miU natimum I oi efloi... Memorandum by David Hartley, Eso. July 8, 1782. • ' .9uio9 bini gii-. * 7 To a person who no longer thinks of Ame- rican dependence, what disadvantage can there be in mak- ing its independence a fixed article (whether the treaty succeeds or no) instead of making it a first article of the treaty, and so to depend on the success of that which may miscarry ? To a person indeed who looks on it as an evil, aud as an evil which there are yet some hopes to avoid, it is a rational proceeding to provide for all possibilities of realizing those hopes ; and the case of the treaty not suc- ceeding is that reserved possibility. Were I treating with an enemy indeed for a barrier town (which I certainly wish to keep or to get something for), nothing I own would be 1 The country gentlemen tired of the war, and grown impatient for peace, left the old ministry on this question, and declared themselves the supporters of those who promised to end the war, and give peace to the country. c 256 PRIVATE CORRESPONDENCE PART III. so absurd as to give up at starting, as aJLied article before the treaty, instead of making it the first article of a. treaty, and dependent on the success of the rest. But 1 had ra- ther have American independence (for one reason amongst others), because the bolder way of giving it up, will secure a greater certainty of peace ; I would then be for giving. It up in that bolder way; nay, had I some reluctance to Ame- rican independence, I should still think the smallest pro- bability added of peace, would over-balance the whole va- lue of a mere reserved possibility of dependence, which could only, after all, arise from the failure of the treaty-. Note from Le Marquis de la Fayette to Dr. Franklin. " Paris, July Q, 1782. I have the honour to inform you, my dear Sir, that Mr. Grenville's express is arrived this morning by way of Ostend. That gentleman is- gone to Versailles. I fancy he will wait upon you, and I shall be much obliged to you, to let me know what your opinion is. I am going to Saint Germains, but if any intelligence comes to hand will communicate it as soon as possible. I rest respect- fully and affectionately, yours, La Fayette. The Answer. Dear Sir, Passy, July 9, 1782. Mr. Grenville has been with me in his return from Versailles. He tells me that Lord Rocking- ham being dead, Lord Shelburne is appointed first Lord of the Treasury ; and that Mr. Fox has resigned ; so that both tjie Secretaryships are vacant. That his communica- PART III. OF BENJAMIN FRANKLIN. 2.37 tion to M. de Vergennes, was only that no change was thereby made in the dispositions of that Court for peace, Sec, and he expects another courier with fuller instructions in a few days. As soon as I hear more I shall acquaint you with it. 1 am ever with great respect and affection, your most obedient humble servant, Marquis de la Fayette. B. Franklin. To David Hartley, Esq. M.P. Dear Sir, Passy, July 10, 1782. 1 received your favour of the 26th past by Mr. Young, and am indebted to you for some preced- ing. I do not know why the good work of peace goes on so slowly on your side. Some have imagined that your ministers since Rodney's, success are desirous of trying for- tune a little further before they conclude the war : others, that they have not a good understanding with each other. What I have just heard seems to countenance this opinion. It is said Mr. Fox has resigned. We are ready here on the part of America to enter into treaty with you, in con- currence with our allies ; and are disposed to be very rea- sonable ; but if your plenipotentiary, notwithstanding that character, is upon every proposition obliged to send a courier and wait an answer, we shall not soon see the happy conclusion. It has been suspected too, that you wait to hear the effect of some overtures sent by General Carieton for a separate peace in America. A vessel just arrived from Maryland, brings us the unanimous resolu- tions of their assembly for continuing the war at all hazards rather than violate their faith with Fiance. This is a sample of the success to be expected from such a mea- Vol. ii. n 258 PRIVATE CORRESPONDENCE PART HI sure ; if it has really been taken ; which I hardly be- lieve. There is methinks a point that has been too little consi- dered in treaties, the means of making them durable. An honest peasant from the mountains of Provence, brought me the other day a manuscript he had written on the sub- ject, and which he could not procure permission to print. It appeared to me to have much good sense in it ; and therefore I got some copies to be struck off for him to dis- tribute where he may think fit. I send you one enclosed. This man aims at no profit from his pamphlet or his pro- ject, asks for nothing, expects nothing, and does not even desire to be known. He has acquired he tells me a for- tune of near 1.50 crowns a year (about 18/. sterling) with which he is content. This you may imagine would not afford the expence of riding to Paris, so he came on foot ; such was his zeal for peace and the hope of forwarding and securing it by communicating his ideas to great men here. His rustic and poor appearance has prevented his access to them ; or obtaining their attention ; but he does not seem yet to be discouraged. I honour much the cha- racter of this veritable philosopke. I thank you much for your letters of May 1, 13, and 25, with your proposed preliminaries. It is a pleasure to me to find our sentiments so concurring on points of im- portance : it makes discussions as unnecessary as they might, between us, be inconvenient. I am, my dear Sir, with great esteem and affection, your's ever, B. Franklin. PART 111. OF BENJAMIN FRANKLIN. 259 (MI Extract of a Letter to B. Vaughan, Esq. Passy, July 10, 1782. 4t By the original law of nations, war and extirpation was the punishment of injury. Humanizing by degrees, it admitted slavery instead of death. A far- ther step was, the exchange of prisoners instead of slavery. Another, to respect more the property of private persons under conquest, and to be content with acquired dominion. Why should not this law of nations go on improving? Ages have intervened between its several steps ; but as knowledge of late increases rapidly, why should not those steps be quickened ? Why should it not be agreed to as the future law of nations that in any war hereafter the following descriptions of men should be undisturbed, have the protection of both sides, and be permitted to follow their employments in surety ; viz. 1 . Cultivators of the earth, because they labour for the subsistence of mankindf* 6 *^ 8 " 100 *! tow $wa 2. Fishermen, for the same reason. 3. Merchants and traders, in unarmed ships, who ac- commodate different nations by communicating and ex- changing the necessaries and conveniences of life. 4. Artists and mechanics, inhabiting and working in open towns. ^nmnDfloa oa ztabtatimz mo bwj. cram It is hardly necessary to add that the hospitals of ene- mies should be unmolested ; they ought to be assisted. In short, I would have nobody fought with but those who are paid for fighting. If obliged to take corn from the farmer, friend or enemy, I would pay him for it ; the same for the fish or goods of the others. This once established, that encouragement to war which 260 PRIVATE CORRESPONDENCE PART III, arises from a spirit of rapine, would be taken away, and peace therefore more likely to continue and be lasting." ' B. Franklin. To B. Vaughan, •" Dear Sir, Passy,Julg 11, 1782. In mine of yesterday which went by Mr. Young 1 made no mention of yours of May 11, it not being before me. I have just now found it. qoo ^ You speak of a H proposed dependent state of America, which you thought Mr. Oswald would begin with." . As yet 1 have heard nothing of it. I have all along under- stood (perhaps I have understood more than was intended) that the point of dependence was given up, and that we were to be treated with as a free people. I am not sure that Mr." Oswald has explicitly said so, but I know that Mr. Grenvillehas, and that he was to make that declara- tion previous to the commencement of the treaty. It is now intimated to me from several quarters that Lord Shel- burne's plan is to retain sovereignty for the king, giving us otherwise an independent parliament, and a government similar to that of late intended for Ireland. If this be really his project, our negociation for peace will not go very far ; the thing is impracticable and impossible, being inconsistent with the faith we have pledged, to say nothing of the general disposition of our people. Upon the whole I should believe that though Lord S. might formerly have entertained such an idea, be had probably dropped it before 1 See Letter and propositions to Richard Oswald, Esq. Jan. 14, 1783. PART III. OF BENJAMIN FRANKLIN. 26l he sent Mr. Oswald here : your words above cited do however throw a little doubt into my mind, and have with the intimations of others, made me less free in communi- cation with his lordship, whom I much esteem and honour, than I should otherwise have been. I wish therefore you would afford me what you can of eclaircissement. This letter goiug by a courier will probably get to hand long before the one (preceding in date) which went by Mr. Young, who travels on foot. I therefore inclose the copy of it which was taken in the press. You may re- turn it to me when the other arrives. By the return of the courier, you may much oblige me, by communicating, what is fairly communicable, of the his- tory of Mr. Fox's and Lord J. Cavendish's resignation, with any other changes made or likely to be made. With sincere esteem, 1 am ever, my dear friend, your's most affectionately, B. Franklin. i Letters to Richard Oswald, Esq. and to Lord Shelburne. .. Sir, Passy, July 12, 1782. I inclose a letter for Lord Shelburne, to go by your courier, with some others of which I request his care. They may be put into the penny post. I have re- ceived a note informing me that " some opposition given by his lonjship to Mr. Fox's decided plan, of unequivo- cally acknowledging American independence, was one cause of that gentleman's resignation jV this, from what you have told me, appears improbable. It is farther said " that Mr. Grenville thinks Mr. Fox's resignation will be fatal to the present negociation." This perhaps is as 262 PRIVATE CORRESPONDENCE PART III. groundless as the former. Mr. Grenville's next courier will probably clear up matters. I did understand from him that such an acknowledgment was intended previous to the commencement of the treaty ; and until it is made, and the treaty formally begun, propositions and discus- sions seem in consideration, to be untimely; nor can 1 en- ter into particulars without Mr. Jay, who is now ill with the influenza. My letter therefore to his Lordship, is merely complimentary on his late appointment. I wish a continuance of your health, in that at present sickly city, being with sincere esteem, Sir, your most obedient and most humble servant, B.Franklin. ^ )l> R. Oswald, Esq. nossai J«s • I send you inclosed the late resolutions of the State of Maryland ; by which the general disposition of people in America may be guessed, respecting any treaty to be pro- posed by General Carleton if intended, which I do not believe. rrabnxsO **o sf* i&i ' jpisiiomq i Elsies *b*f My Lord, Passy, July 12, 1782. Mr. Oswald informing me that he is aWut to dispatch a courier, I embrace the opportunity of congratulating your Lordship on your appointment to the Treasury. It is an extension of your power to do good, and in that view, if in no other, it must increase your hap- piness which I heartily wish ; being with great and sincere respect, my Lord, your Lordship's most obedient and most humble servant, JO y B. Franklin. ' Right Honourable the Earl of §helburne. iod d&ansmA. arto ffoiriw oi tadoriifiqdb J«rf* iot :> PART III. OF BENJAMIN FRANKLIN. 263 Extract of a Letter to le Marquis de la Fayette. *bsw»ri,t I must repeat my opinion that it is best for you to drop all mention of the refugees. We have proposed indeed £98 PRIVATE CORRESPONDENCE PART III. nothing but what we think best, both for you as well as ourselves. But if you will have them mentioned, let it be in an article which may provide that they shall exhibit accounts of their losses, to commissioners heieafter to be appointed, who shall 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 favour 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 enquiry. I have the honour to be, &c. B. Franklin. B. Vaughan, Esq. to Dr. Franklin. My Dearest Sir, Paris, Nov. 27, 1782. I am so agitated with the present crisis, that I cannot help writing you, to beseech you again and again to meditate upon some mild expedient about the refugees, or to give a favourable ear, and helping hand to such as may turn up. Both sides agree that the matter of expence is nothing ; and the matter of honour in my opinion is, least to that side, which has most sense and most justice on its side. It seems to me that the matter of present peace, and future happiness, are the only points of true concern to either. PART III. OF BENJAMIN FRANKLIN. 299 If I can judge of favourable moments, the present is of all others most favourable to our views of reconciliation. We have liberal American Commissioners at Pans, ja liberal English Commissioner, and a liberal first minister for England. All these circumstances may vanish to- morrow, if this treaty blows over. ■' ■ • , If you wanted to break off your treaty, I am perfectly sensible that you could not do it on grounds in which America would more join with you, than this of the refugees. On the other hand, if England wanted to break, she could not wish for better ground on her side. You do not break ; and therefore I conclude you both sincere. But in this way, I see the treaty is likely of itself to break. I pray then, my dearest, dearest Sir, that you would a little take this matter to heart. If the refugees are not silenced, you must be sensible what constant prompters to evil measures you leave us, what perpetual sources of bad information. If the minis- ter is able, on the other hand, to hold up his head on this one point, you must see how much easier it will be for you both to carry on the great work of reunion, as far as relates to prince and people. We are not well informed about the deeds of the refugees in England ; and we can only now be well informed by publications that would do irreparable mischief. Besides, you are the most magnanimous nation ; and can excuse things to your people, which we can less excuse to ours. Not to mention, that when Congress sent you her last resolutions, she was not aware that you would be so near a settlement, as you are at present. To judge which is the hardest task, yours, or England's, 300 PRIVATE CORRESPONDENCE PART HI. put yourself in Lord Shelburne's place. The only marks of confidence shown him at Paris, are such as he dares not name; and the only marks promised him, are future national ones. England has given much ground of confi- dence to America. In my opinion England will do her business in the way of reconciliation, very much in proportion, as you do your business generously at the present peace, England is to be won, as well as America is to be won ; and I beg you would think with yourself and your colleagues about the means. Excuse this free- dom, my dearest Sir ; it is the result of a very warm heart, that thinks a little property nothing, to much happi- ness. 1 do not however ask you to do a dishonourable thing, but simply to save England ; and to give our English ministry the means of saying on the 5th December, we have done more than the last ministry have done, I hope you will not think this zeal persecution ; for I shall not mention this subject to you again,, of my own accord. I know you have justice on your side ; I know you may talk of precedents ; but there is such a thing as forgive- ness, as generosity, and as a manly policy, that can share a small loss rather than miss a greater goad. Yours, my dearest Sir, most devotedly, most gratefully, most afFecr tionately, Benjamin Vaughan. To M. LE COMTE DE VeRGENNES. Sir, Passy, Nov. 29, 1/82, *5j v i« 1 have the honour to acquaint your Excellency, that the Commissioners of the United States have agreed with Mr. Oswald on the preliminary articles of the peace PART III* OF BENJAMIN FRANKLIN* 301 between those States and Great Britain. To-morrow I hope we shall be able to communicate to your Excellency a copy of them. With great respect, I have the honour to be, Sir, your Excellency's most obedient and most humble servant, B. Franklin. ARTICLES agreed upon by and between Richard Oswald, Esquire, the Commissioner of his Britannic Majesty, for treating of peace with the Commissioners of the United States of America, in behalf of his said Majesty on the one part, and John Adams, Benjamin Franklin, John Jay, and Henry Laurens, four of the Commissioners of ministers of their said Majesties : and whereas prelimina- ries for restoring peace between his said Majesty the King of Great Britain and his Majesty the King of Spain, were also signed at Versailles on the twentieth day of January last, by their respective ministers : and whereas, for putt- ing an end to the calamity of war, as soon and as far as possible, it hath been agreed between the King of Great Britain, his most Christian Majesty, the King of Spain, the States General of the United Provinces, and the United States of America, as follows, that is to say ; That such vessels and effects as should be taken in the Channel and the North Seas, after the space of twelve days, to be computed from the ratification of the said preliminary articles, should be restored on all sides ; that the term should be one month from the Channel and North Seas as far as the Canary Islands inclusively, whe- ther in the Ocean or the Mediterranean ; two months from the said Canary Islands, as far as the equinoctial line or equator ; and lastly, five months in all other parts of the world, without any exception, or any other more parti- cular description of time or place. And whereas the ratifications of the said preliminary articles between his said Majesty the King of Great Bri- tain and his most Christian Majesty, in due form were exchanged by their ministers on the third day of this in- stant February, from which day the several terms above- mentioned, of twelve days, of one month, of two months, and of five months, are to be computed, relative to all British and American vessels and effects. Now therefore, we the ministers plenipotentiary from the United States of America for making peace with Great Britain, do notify to the people and citizens of the PART III. OF BENJAMIN FRANKLIN. 347 said United States of America, that hostilities on their part against his Britannic Majesty, both by sea and land, are to cease at the expiration of the terms herein before specified therefor, and which terms are to be computed from the third day of February instant. And we do, in the name and by the authority of the said United States, accordingly warn and enjoin all their officers and citizens, to forbear all acts of hostility whatever, either by land of by sea, against his said Majesty the King of Great Britain or his subjects, under the penalty of incurring the highest displeasure of the said United States. Given at Paris the twentieth day of February, in the year of our Lord one thousand seven hundred and eighty- three, under our hands and seals. (Signed,) John Adams. (L. S.) B. Franklin. (L. S.) John Jay. (L. S.) David Hartley, Esq. M. P. to Dr. Franklin. With propositions. My dear Friend, London, March 12, 1783. It is a long while since I have heard from you, or indeed since I writ to you. I heartily congratu- late you on those pacific events which have already hap- pened, and I wish to see all other final steps of concilia- tion succeed speedily. I send you copies of two papers which I have already communicated to Mr. Laurens ; the One called Conciliatory Propositions in March, 1 78S ; 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 348 PRIVATE CORRESPONDENCE PART III. 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 Shelbume'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 under- stood 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 honour 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 connections. 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 affec- tionate, D. Hartley. CONCILIATORY PROPOSITIONS, March, 1783. Terms of peace having been agreed upon between Great Britain and France on 20th January, PART III* OF BENJAMIN FBANKUN. 349 1 783, there need not be any farther 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 Nov. 1782. It is to be observed that none of the articles of the pro- visional 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 ft should be wished on the part of Great Britain to bring forward the 5th article respecting th$ 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 dispatch. 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 pro<»- secutions at present subsisting are not to be stopped be- fore 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 prosec itions should be immediately abated on the part of America, and to facilir tate the removal of the troops, the loyalists may be per- mitted to remain in safety and unmolested (if they chuse 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 350 PRIVATE CORRESPONDENCE PART III. release of prisoners of war on both sides. As this is an article of reciprocity, both sides from principles of huma- nity 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 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. TL t the commissioners do speedily negociate a pro- visional \ onvention of commerce (hereunto annexed) to take p)ftce immediately. The terms of this temporary convention not to be pleaded on either side in the nego- ciatjon of a final and perpetual treaty of commerce be- tween Great Britain and the United States. 4. That the commissioners do negociate 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 endeavours to obtain restitution of their estates. 6. That all prisoners on both sides be immediately re- leased. 7. That intercourse of amity and commerce do imme- diately take place between Great Britain and the United States of America. PART III. OF BENJAMIN FRANKLIN. 351 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 ex- cepted. The case between Great Britain and America is different, because America, from a dependent nation be- fore the war, emerges an independent nation after the war. The basis therefore of 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 com- merce for a specified period. By this means all difficul- ties 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 think proper to introduce on its own part any new condi- tions or regulations, even previous to the intended treaty 352 PRIVATE CORRESPONDENCE PART III. 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 correspond- ing 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 Bri- tain. By the proposition above stated, Great Britain and France, and Great Britain and the United States respec- tively on the subject of intercourse of commerce, would emerge again after the war, into situations relatively sinnV lar to their situation before the war. The crown of Great Britain is enabled by the con- ciliatory act of 1782 to repeal, annul, make void, or sus- pend 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 there- fore the crown is not only competent to conclude, but likewise to carry into effect any provisional treaty of com- merce 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 ob- tained 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 PART III. OF BENJAMIN FRANKLIN. 353 customs to dispense with bonds, certificates, &c. which by the old laws are required to be discharged or attested by supposed governors, naval or custom-house officers in America. The questions of drawbacks, bounties, &c. after opening the ports, may remain free points of discus- sion and regulation, as between states having no commer- cial 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 bar- gain, which no act of parliament can do. Breviate of the treaty, viz. provisional for inter- course and commerce between Great Britain and the Unit- ed States of America. 1 . That all ports shall be mutually open for intercourse and commerce. 2. And therefore the King of Great Britain agrees for the repeal of the prohibitory acts, viz. 16 Geo. III. 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 par- liament heretofore regulating the commerce of the Ame- rican 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. Vol. II. Z 35*4 PRIVATE CORRESPONDENCE PART ill. S. 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 regu- lations 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 with Great Britain shall be repealed. 5. Agreed upon the same part, that all ships and mer- chandize 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 American States respec- 6. The principles and spirit of this treaty to be sup- ported on either side by any necessary supplemental arrangements. No tacit compliance on the part of Ame- rica in any subordinate points to be argued at any time hereafter to the prejudice of their independence. To David Hartley, Esq* M. P. Dear Sir, Passy, March 23, 1783. I received the letter you did me the honour 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 geueral proclamations you wished for, suspending PART III. OF BENJAMIN FRANKLIN. So.5 or rather putting an end to hostilities, are now published ; so that your u heart is at rest," and mine with it. You may depend on my joining my hearty endeavours 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 com- merce had passed as at first proposed, a stipulation on ©ur 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 es- teem, I am ever, &c. B. Franklin. ioqr D. Hartley, Esq. M. P. to Dr. Franklin. My dear Friend, London, March SI, 1783. 1 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 Com- mons. I have given a copy of it to Mr. L., as the grounds upon which my friend the Duke of P. would have wished that any administration in which he might have taken a part should have treated with the American ministers. Ail negociations for the formation of a minis- try in concert with the Duke of P. are at an end. The 10th 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 S$6 PRIVATE CORRESPONDENCE PART IIT. this principle between all the nations upon earth. 1 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 hap- piness, 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 re- specting the principles of some late negociations, drawn up in the shape of parliamentary motions 1 by my brother, who joins with me in 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. SnjpPLEiMENTAL Treaty between Great Britain and the United States of North America., iiai i^jWi 1. That the British troops be withdrawn from the United States with all convenient speed. 2. That all farther 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 endeavours to obtain restitution of their estates. 3. That all ports shall be mutually opened for inter- course and commerce, between Great Britain and the TT • 1 O ***** United htates. 4. Agreed on the part of Great Britain that all prohi- bitory acts shall be repealed, and that all obstructions to See the same, following the Supplemental Treaty. PART III. OF BENJAMIN FRANKLIN. 357 American ships either entering inwards or clearing out- wards, 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 regu- lations 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 merchandize 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 sup- ported 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. 358 PRIVATE CORRESPONDENCE PART III. Separate article to be referred to the definitive Treaty. 10. Neither shall the independence of the United States be construed any farther than as independence, absolute and unlimited in matters of government as well as com- merce. 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 accuse tomed. { tm m 7J8iC , Paper mentioned in the close of Mr. Hartley's Letter of March 31, 1783. 1 . Tf »at it is the opinion of this house, that whenever Great Britain thought proper to acknowledge the inde- pendence of America, the mode of putting it into effect most honourably 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 sen- timents of this country, as to the object and continuance of the American war. 3. That when this house by its vote against the farther prosecution of offensive war in America, had given up the point of contest and adopted a conciliatory disposi- tion, the pursuing those principles by an immediate and liberal negociation upon the basis of independence, at the same time expressing a readiness to conclude a general PART III. OF BENJAMIN FRANKLIN. 3.59 peace with the allies of America upon honourable 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 farther obligations from America, as the assert- ory of their independence. 4. That the minister who advised the late negociations for peace has neglected to make use of those advantages which the determination of the House put him in posses- sion of : that, by his delay in authorizing persons properly to negociate 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 ques- tion ; and has by such methods given advantage to the enemies of this country to promote and confirm that com- merce and connection between the United States of Ame- rica and themselves, which during the contest have been turned from thek natural channel with this country, and which this peace so concluded has not yet contributed tq restore. '08 ^6 The Right Hon* C. J. Fox, Secretary of State, to his Excellency B. Franklin, Esq. Sir, St. James's, April 19, 1783. Although it is unnecessary for me to introduce to your acquaintance a gentleman so well known to you as Mr. Hartley, who will have the honour of delivering to you this letter, yet if may be proper for me to inform you 560 PRIVATE CORRESPONDENCE PART III. 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 sub- stantial 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 honour to be, with every sentiment of regard and esteem, Sir, your most obedient humble servant, C. J. Fox. Three Articles proposed by the American Ministers, and delivered to David Hartley, Esq. the British Envoy. Aprils, 1783. Art. 1. It is agreed that so soon as his Britannic Majesty shall have withdrawn all his armies, garrisons, and fleets from the United States of America, and from every port, post, place, and harbour within the same, as stipulated by the 7th article of the provisional treaty of 30th of November, 1782, then and thenceforth, for and during the term of years, all rivers, harbours, lakes, ports, and places, belonging to the United States, or any of them, shall be open and free to the merchants and other subjects of the crown of Great Britain, and his trading vessels ; who shall be received, treated, and pro- tected, like the merchant and trading vessels of the state PART III. OF BENJAMIN FRANKLIN. 36l in which they may be liable to no other charges or duties. And reciprocally all rivers, harbours, lakes, ports, and places, under the dominion of his Britannic Majesty, shall thenceforth be open and free to the merchants and trading vessels of the said United States, and of each and every of them who shall be received, treated, and protected, like the merchants and trading vessels of Great Britain, and be liable to no other charges or duties : saving always to the chartered trading companies of Great Britain, such exclusive use and trade of their respective ports and establishments, as neither the other subjects of Great Britain, nor any of the most favoured nation, partici- pate in. Art. 2. It is agreed that such persons as may be in confinement in the United States of America for or by reason of the part which they may have taken in the late war, shall be set at liberty immediately on the evacuation of the, said states by the troops and fleets of his Britannic Majesty. And it is likewise agreed that all such persons who may be in confinement in any parts under the dominion of his Britannic Majesty, for or by reason of the part which they may have taken in the late war, shall at the same time be also immediately set at liberty. Art. 3* The prisoners made respectively by the arms of his Britannic Majesty, and those of the United States of America both by land and sea, shall be immediately set at liberty without ransom, on paying the debts they may have contracted during their captivity : and each contracting party shall respectively reimburse the sums which shall have been advanced for the subsistence and 36% PRIVATE CORRESPONDENCE PART lit. maintenance of their prisoners by the sovereign of the country where they shall have been detained according to the receipts and attested accounts, and other authentic titles which shall be produced on each side. To his Excellency the Count de Vergennes. Sir, Passy, May 5, 1783. rfaifi It was my intention to pay my devoirs at Ver- sailles to-morrow. 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 Excel- lency's most obedient, and most humble servant, B, Franklin. m* ,biwni To David Hartley, Esq. M.P. Dear Friend, Pa$$y, May 8, 1783, : I send you enclosed the copies you desired of the papers I read to you yesterday. 1 I should be happy if I could see, before I die, the proposed improvement of the law of nations established. The miseries of mankind ; —^ — : — , i ' ■ 1 See the Proposition about Privateering, annexed to Letter to R. Oswald Esq. January 14, 1783. PART III. OF BENJAMIN FRANKLIN. 363 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 cruizes, 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 expence to look for them. 1 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 affec- tion, lam ever, my dear friend, yours most sincerely, B. Franklin. 364 PRIVATE CORRESPONDENCE PART 111. [The following Papers were delivered to the American Commissioners by David Hartley, Esq. the \5th of May, 1783.] Extract of a Letter from the Hon. C. J. Fox to David Hartley, Esq. May 9, 1783. u I send you enclosed the copy of a memorial I have received from the merchants trading to South Caro- lina and Georgia, as also the duplicate of one presented by them to Lord Shelburne in May 1782. I am to desire you will endeavour to obtain for them of the ministers plenipotentiary of the United States of America, such representations of their case, as it appears on the consi- deration of it justly to deserve, and I shall be much obliged to you, if you will inform me, as soon as you can, of the manner in which they receive these papers, and how far they think the persons interested may hope to obtain relief, that I may acquaint them therewith." To the Right Hon. William, Earl of Shel- burne, &c. One of his Majesty's principal Secretaries of State. r : The Memorial of the subscribing Merchants trading to South Carolina and Georgia in behalf of themselves and others. Most humbly sheweth, That in the year 1770, the Cherokee Indians, being considerably indebted to the traders, who supplied PART III. OF BENJAMIN FRANKLIN. 365 them with goods, and finding it impossible from the de- creased number of deer to pay their debts as usual with skins, proposed to their said traders the cession of a very large body of land claimed by that nation as their pro- perty, and situated to the southward of the river Savan- nah, such cession to be taken by the traders as a full payment of all debts and claims whatever against the Cherokees. That the traders having agreed the proposed cession, the Indians by some of their headmen, authorized for that purpose, formally executed the necessary deeds. That Sir James Wright, governor of the province of Georgia, in which province the lands so ceded were situated, and the late John Stuart, Esq. the superintendant of Indian affairs for the south district of America, disap- proved of the conduct of the said traders in accepting the said cession, as being contrary, not only to his Majesty's instructions, but to the several provincial laws which strictly prohibit private persons from making any pur- chase of lands from Indians. That in consequence of such disapprobation the Indians persisting in their resolution of ceding the lands in ques- tion, and being thereby released from their debt, offered to make the cession to Governor Wright for that purpose, and named a day for running lines, but he declining their offer, desired they would defer their intentions until his Majesty's pleasure should be known on them. That the ensuing year, Sir James Wright being then in England, stated the several matters above mentioned in a memorial to the Earl of Hillsborough, and proposed certain measures by which the cession of the said lands, if approved by his Majesty, might be the means not only S66 PRIVATE CORRESPONDENCE PART 1-1 f. of answering the proposed end of the Indians, and the traders, but of bringing in a number of valuable settlers to the great advantage of the province; and consequently of the mother country. ^ £givr That the said Memorial having been referred to the consideration of the lords of trade, they in a representa- tion, dated Nov. 9, 1772, advised his Majesty to accept of the proposed cession for the intended purpose of pay- ing the debts due to the traders from the Indians by the sale of the lands, ceded at the same time, proposing that the crown should not stand pledged either to the Indians or the traders for the payment of any part of the debts, that the debts should be fairly liquidated and confined to those contracted within certain periods, and that all monies arising from the sale of the lands so ceded should be placed in the hands of a receiver to be appointed by the governor, and after payment of the debts -so to be liqui- dated, together with the expences of survey and means of protection to the persons settling; the same be subject to such payments upon warrant of the governor for the service of the province as his Majesty should approve and direct. That in consequence of the above representation his Majesty was graciously pleased to give conformable in- structions to Sir James Wright, who arrived in Georgia for the purpose of putting them in execution in March 1773. That it appearing the Creek Indians had a claim upon the lands proposed to be ceded by the Cherokees as aforesaid, alledging that their ancestors had heretofore conquered those lands from that nation, that the Chero- kees had acknowledged that right of conquest by abandon- PART III. OP BENJAMIN FRANKLIN. ing the possession to them, and which possession they had uniformly held, and it also appearing that the Creeks being also considerably indebted to their traders were inclined to join in the cession upon being freed from their debts, a Congress was appointed to be held at Augusta with both nations in the Month of May following for finally adjusting the terms, and formally accepting the cession of the express purpose upon which it was to be made, namely the discharge of the debts due from the Cherokees and Creeks to their respective traders. That a Congress was accordingly held at Augusta in May 1773, by Sir James Wright and the superintendant on the part of the Crown, at which a very considerable number of the headmen of both nations attended, who after having previously deliberated upon the matter be- tween themselves joined in a solemn and formal cession of the lands in question to his Majesty, for the purpose of paying the debts due from their respective nations to their traders, and the said traders appearing by themselves or their attornies did at the same time release and discharge their several debtors of both nations from all debts, claims and demands whatever. That it must be supposed such considerable debts being due from the Indians to their traders, the latter must have been proportionably indebted to the Merchants who supplied them with goods ; this in fact was the case and the merchants were obliged to take assignments from the traders of their claims, and the debts to be liquidated in payment of their several demands, and to give them a full discharge of their respective debts. That after the lands had been ceded as aforesaid steps were taken by Sir James Wright for surveying the said 308 PRIVATE CORRESPONDENCE PART III. lands, settling them in distinct allotments for protecting the purchases, settling the same and particularly for adjusting and liquidating the debts claimed within certain fixed periods agreeable to his Majesty's instructions. That in consequence of these necessary measures a progress was made in the liquidation of the debts, and certificates of the sums allowed were given to the claim- ants, when the disturbances in America, and particularly in Georgia prevented any further proceedings being taken therein, and your memorialists are either on their own accounts or their correspondents interested in those claims either liquidated or to be liquidated to a very considerable amount and without any dependence for reimbursement, but on the produce of the lands so ceded. >i nta* Your memorialists further beg leave to represent to your Lordship, that prior to the unhappy disputes in America several allotments o£ the said ceded lands were sold, but as they were given to understand, the charge of surveying, the raising and maintaining a troop of Rangers and other expences, whether necessary or not your memo- rialists will not take upon themselves to determine, have amounted to more than the sums received, no part of the sums due to your memorialists or their correspondents upon such of their claims as have been settled, liquidated and certified as aforesaid have been paid. Having thus fully stated to your Lordship the circum- stances that attended the cession of the lands in question, the actual ground upon which that cession was made, the motives and conditions upon which his Majesty was graciously pleased to accept the same and upon which instructions were given to Sir James Wright, it remains PART 111. OF BENJAMIN FRANKLIN. 369 for your memorialists humbly to submit to your Lordship's consideration. ;Cf to« 9*1** a«t fl Mi That although the cession of those lands was expressly made to the Crown by the Cherokee and Creek nations, yet that it was for a particular and declared purpose, not only clearly acknowledged in the act of cession itself, but in his Majesty's instructions to his Governor ; and that the Crown in this instance stands in fact in trust for the several creditors of those nations whose debts have been or maybe fairly liquidated and certified by them or their assigns. The lands therefore so ceded in trust, cannot be deemed the property of the Crown unless it is at the same time acknowledged that they must stand charged with and liable to the several uncertified claims of your memoria- lists and their correspondents. That the present situation of affairs affords your memo- rialists reason to presume that some accommodation may soon take place with the revolted colonies ; upon this supposition, they have taken the liberty to trouble your Lordship with this full state of their situation, and they beg leave to assure your Lordship of their entire reliance upon your attention to it ; and they are persuaded that in every event of negociation which may happen, the circum- stances attending the cession made by the Cherokee and Creek Indians to his Majesty at the* Congress of Augusta in May 1773, of the lands to the southward of the River Savannah, for the sole purpose of paying the debts due from their respective nations to the British traders, will be duly attended to, and that those lauds will be deemed as charged with and made liable to the payment of those debts, or that some other mode of payment will be adopted Vol. ii. 2 A 370 PRIVATE CORRESPONDENCE PART III* to the satisfaction of your memorialists and correspon- dents. London, May 3, 1782. To the Right Honourable Charles James Fox, One of his Majesty's principal Secretaries of State, #c. fyc. The Memorial of the subscribing Merchants trading to South Carolina and Georgia in behalf of themselves and others. That on the third day of May last your memorialists had the honor to present to the Earl of Shelburne, then one of his Majesty's principal Secretaries of state, a memorial of which the annexed is a copy. That your memorialists having as they humbly appre- hend clearly demonstrated therein, that certain lands on the western frontiers of the province of Georgia, were vested in the Crown by cession from the Creek and Chero- kee Indians in trust for the payment of their debts, which debts have been assigned to your memorialists and their correspondents, they had entertained the most sanguine hopes and expectations that those lands would have, by the preliminary articles lately concluded between the commissioners of his Majesty and those on the part of the United States of America, been deemed subject and bound to the payment of the several demands and claims of your memorialists, but to their great surprise they find no notice taken therein of the conditions upon which those lands were vested in the Crown. Your memorialists, as the Crown at the time of the PART III. OF BENJAMIN FRANKLIN. 3/1 cession, did not stand pledged either to the Indians or their creditors for the payment of the debts, upon which condition the cession was made, could not expect or claim any right of receiving payment from the Crown, while lands ceded to his Majesty for that purpose were liable to the said payment ; they humbly presume to say, that the independency of the United States of America being now acknowledged and the boundaries of those states ascer- tained, all lands heretofore vested in the Crown within those boundaries, and which the different Indian nations do not claim as their property, must be deemed as vested in the respective states within whose limits they are situated : and as the Indians have formally ceded the lands in ques- tion to his Majesty, and thereby renounced all right thereto, and property therein, they are to all intents and purposes a part of the state of Georgia, without any condition or being bound to make good any payment, for the purpose of which alone they were ceded to and vested in his Majesty ; and your memorialists are thereby effectu- ally barred from any claim or expectation of being paid their several demands, to which payment those lands while vested in his Majesty were liable. Your memorialists humbly conceive that his Majesty having conceded to the State of Georgia the lands in question, without any stipulation in favour of your memo- rialists, that they are fully warranted in their humble expecta- tions that some mode of payment will be adopted or other expedient proposed for their relief. And they therefore earnestly request, that taking the merit of their case into consideration, you will be pleased to lay this their humble 372 PRIVATE CORRESPONDENCE PART III, representation before his Majesty for his gracious pleasure therein. Greenwood and Higginson. John Bult. Graham Simpson. Clark and Milligan. James Jackson. London, April 11, 1783. Com mission of D. Hartley, Esq. presented to the American Plenipotentiaries, May 19, 1783. George R. George the third, by the Grace of God King of Great Britain, France and Ireland, defender of tlie Faith, Duke of Brunswick and Lunenburg, Arch treasurer and Prince Elector of the Holy Roman Empire, &c. To all to whom these Presents shall come greeting. Whereas for the perfecting and establishing the peace and friendship and good understanding so happily com- menced by the provisional articles signed at Paris the thirtieth day of November last, by the commissioners of us and our good friends the United States of America, viz. New Hampshire, Massachusets Bay, Rhode Island, Cou- necticut, New York, New Jersey, Pennsylvania, the three lower counties on Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia in North America, and for opening, promoting and rendering perpetual the mutual intercourse of trade and commerce between our kingdoms and the dominions of the said United States, we have thought proper to invest some fit person with full powers on our part to meet and confer with the ministers PART III. OF BENJAMIN FRANKLIN. 373 of the said United States now residing at Paris, duly authorized for the accomplishing of such laudable and salutary purposes. Now know ye, that we reposing special trust and confidence in the wisdon, loyalty, dili- gence and circumspection of our trusty and well beloved David Hartley, Esq. on whom we have therefore conferred the rank of our minister plenipotentiary, have nominated, constituted and appointed, and by these presents do nominate, constitute and appoint him our true, certain and undoubted commissioner, procurator and plenipotentiary ; giving and granting to him all and all manner of faculty, power and authority, together with general as veil as special order (so as the general do not derogate from the special, nor on the contrary) for us and in our name, to meet, confer, treat and conclude with the minister or ministers furnished with sufficient powers on the part of our said good friends the United States of America, of and concerning all such matters and things as may be requisite and necessary for accomplishing and completing the several ends and purposes herein before mentioned, and also for us and in our name to sign such treaty or treaties, conven- tion or conventions, or other instruments whatsoever, as may be agreed upon in the premises, and mutually to deliver and receive the same in exchange and to do and perform all such other acts, matters and things as may be any ways proper and conducive to the purposes above mentioned, in as full and ample form and manner and with the like validity and effect, as we ourself, if we were present, could do and perform the same : engaging and promising, on our royal word, that we will accept, ratify and confirm in the most effectual manner all such acts, matters and things, as shall be so transacted and concluded by our 374 PRIVATE CORRESPONDENCE PART III. aforesaid commissioner, procurator and plenipotentiary, and that we will never suffer any person to violate the same, in the whole or in part, or to act contrary thereto. In testimony and confirmation of all which, we have caused our great seal of Great Britain to be affixed to these presents signed with our royal hand. Given at our palace at St. James's fourteenth day of May in the year of our Lord one thousand seven hundred and eighty three, and in the twenty third year of our reign. I David Hartley the minister above named certify the foregoing to be a true copy from my original commission, delivered to the American ministers, this 19th day of May, 1783. * (signed) D. Hartley. Order in Council May 14, 178S read to and left with the American Ministers this Twenty-First Day of May, 178S, by D. Hartley, Esq. At the Court at St. James's, May 14, 1783. Present, the King's most excellent Majesty in Council. Whereas by an act of parliament passed this session, intituled, " An Act for preventing certain Instru- ments from being required from Ships belonging to the United States of America, and to give to his Majesty, for a limited time, certain powers, for the better carrying on Trade and Commerce between the Subjects of his Majesty's Dominions and the Inhabitants of the said United States," it is among other things enacted that during the continuance of the said act, it shall and may be lawful for his Majesty in council, by order or orders PAKT III. OF BENJAMIN FRANKLIN. 375 to be issued and published from time to time, to give such directions, and to make such regulations with respect to duties, drawbacks or otherwise, for carrying on the trade and commerce between the people and territories belong- ing to the crown of Great Britain, and the people and territories of the said United States, as to his Majesty in council shall appear most expedient and salutary ; any law, usage or custom to the contrary notwithstanding ; his Majesty doth, therefore, by, and with the advice of his privy council, hereby order and direct, that any oil or any unmanufactured goods or merchandizes, being the growth or production of any of the territories of the said United States of America, may (until further order) be imported directly from thence into any of the ports of this kingdom, either in British or American ships, by British subjects, or by any of the people inhabiting in and belonging to the said United States, or any of them, and such goods or merchandizes, shall and may be entered and landed in any port in this kingdom, upon payment of the same duties as the like sort of goods are or may be subject and liable to, if imported by British subjects in British ships from any British island or plantation in America, and no other, notwithstanding such goods or merchandizes, or the ships in which the same may be brought, may not be accompanied with the certificates or other documents heretofore required by law, and it is hereby further ordered and directed that there shall be the same drawbacks, exemptions, and bounties on merchan- dizes and goods exported from Great Britain into the territories of the said United States of America or any of them, as are allowed upon the exportation of the like goods or merchandize, to any of the islands, plantations 376 PRIVATE CORRESPONDENCE PART III. or Colonies belonging to the Crown of Great Britain in America ; and it is hereby farther ordered and directed, that all American ships and vessels which shall have volun- tarily come into any port of Great Britain since 20th of January, 1783, shall be admitted to any entry made, shall be entitled, together with the goods and merchandizes on board the same ships and vessels, to the full benefit of this order ; and the Right Honorable the Lords Commission- ers of his Majesty's Treasury ana 1 the Lords Commis- sioners of the admiralty, are to give the necessary direc- tions herein, as to them may respectively appertain. Wm. Fawkner. Mr. Hartley's Observations and Propositions, left zviththe American Ministers the 2\st May, 1783. A proposition having been offered by the Ame- rican Ministers, for the consideration of his Britannic Majesty's Ministers, and of the British nation, for an entire and reciprocal freedom of intercourse and commerce be- tween Great Britain and the American United States, in the following words, viz. " That all rivers, harbours, lakes, ports and places be- longing to the United States, or any of them, shall be open and free to the merchants and other subjects of the Crown of Great Britain, and their trading vessels, who shall be received, treated and protected, like the merchants and trading vessels of the State in which they may be, and be liable to no other charges or duties. " And reciprocally that all rivers, harbours, lakes, ports, and places under the dominion of his Britannic Majesty, shall be open and free to the merchant and trading vessels of the said United States, and of each and every of them, PART III. OF BENJAMIN FRANKLIN. 377 who shall be received, treated and protected, like the merchants and trading vessels of Great Britain, and be liable to no other charges and duties, saving always to the chartered companies of Great Britain, and such exclusive use and trade of their respective ports and establishments, as neither the other subjects of Great Britain, or any of the most favoured nation participate in." It is to be observed that this proposition implies a more ample participation of British commerce than the American States possessed even under their former connexion of de- pendence upon Great Britain, so as to amount to an entire abolition of the British Act of Navigation with respect to the thirteen United States of America ; and although pro- ceeding on their part from the most conciliator)' and liberal principles of amity and reciprocity, nevertheless it comes from them as newly established States, and who, in conse- quence of their former condition of dependence, have never yet had any established system oi national commercial Jaws, or of commercial connexions by treaties with other nations, free and unembarrassed of many weighty conside- rations, which require the most scrupulous attention and investigation on the part of Great Britain, whose ancient system of national and commercial policy is thus suddenly called upon to take a new principle for its foundation, and whose commercial engagements with other ancient States, may be most materially affected thereby. For the purpose therefore of giving sufficient time for the consi- deration and discussion of so important a proposition, re- specting the present established system of the commercial policy and laws of Great Britain, and their subsisting commercial engagements with sovereign powers, it is proposed that a temporary intercourse of commerce shall 378 PRIVATE CORRESPONDENCE PART III. be established between Great Britain and the American States, previously to the conclusion of any final and per- petual compact. In this intervening period, as the strict line and measure of reciprocity from various circumstances cannot be absolutely and completely adhered to, it may be agreed that the commerce between the two countries shall revive, as nearly as can be upon the same footing and terms as formerly subsisted between them ; provided always, that no concession on either side in the proposed temporary convention, shall be argued hereafter in support of any future demand or claim. In the mean time the proposition abovfc stated may be transmitted to London requesting (with his Majesty's consent) that it may be laid before Parliament for their consideration. It is proposed therefore, that the unmanufactured pro- duce of the United States should be admitted into Great Britain without any other duties (those imposed during the war excepted) than those to which they were formerly liable. And it is expected in return that the produce and manufactures of Great Britain should be admitted into the United States in like manner. If there should appear any want of reciprocity in this proposal, upon the grounds of asking admission for Bri- tish manufactures into America, while no such indulgence is given to American manufactures in Great Britain ; the answer is obvious, that the admission of British manufac- tures into America is an object of great importance, and equally productive of advantage to both countries ; while on the other hand, the introduction of American manufac- tures into Great Britain, can be of no service to either, and may be productive of innumerable frauds, by enabling persons so disposed, to pass foreign European goods, PART III. OF BENJAMIN FRANKLIN. 379 either prohibited or liable to great duties by the British laws, for American manufactures. With regard to the West Indies, there is no objection to the most frte intercourse between them and the United States. The only restriction proposed to be laid upon that intercourse, is prohibiting American ships carrying to those colonies any other merchandize than the produce of their own country. The same observation may be made upon this restriction as upon the former. It is not meant to affect the interest of the Unjted States, but it is highly necessary, lest foreign ships should make use of the American flag to carry on a trade with the British West Indian Islands. mi ^ It is also proposed upon the same principle to restrain the ships that may trade to Great Britain from America, from bringing foreign merchandise into Great Britain, the necessity of this restriction is likewise evident, unless Great Britain meant to give up her whole navigation act. There is no necessity of any similar restrictions on the part of the American States, those States not having as yet any Acts of Navigation. Proposed Agreement. Whereas it is highly necessary that an intercourse of trade and commerce should be opened between the people and territories belonging to the Crown of Great Britain and the people and territories of the United States of America. And whereas it is highly expedient that the in- tercourse between Great Britain and the said United States should be established on the most enlarged principles of reciprocal benefit to both countries ; but, from the dis- tance between Great Britain and America, it must be a 380 PRIVATE CORRESPONDENCE PART III. considerable time before any convention or treaty for establishing and regulating the trade and intercourse between Great Britain and the said United States of America, upon a permanent foundation, can be concluded. Now, for the purpose of making a temporary regulation of the commerce and intercourse between Great Britain and the said United States of America, it is agreed that all citizens of the United States of America shall be per- mitted to import into, and export from any part of his Britannic Majesty's Dominions, in American ships, any goods, wares, and merchandise, which have been so im- ported or exported by the inhabitants of the British Ame- rican colonies, before the commencement of the war, upon payment of the same duties and charges, as the like sort of goods or merchandise are now or may be subject and liable to, if imported by British subjects, in British ships, from any British island or plantation in America ; and that all the subjects of his Britannic Majesty shall be permitted to import from any part of the territories of the thirteen United States of America, in British ships, any goods, wares and merchandise which might have been so import- ed or exported by the subjects of his Britannic Majesty, before the commencement of the war, upon payment of the same duties and charges, as the like sort of goods, wares, and merchandises are now, or may be subject and liable to, if imported in American ships by any of the citizens of the United States of America. This agreement to continue in force until ... Provided always, that nothing contained in this agree- ment shall at any time hereafter be argued on either side in support of any future demand or claim. PART III. OF BENJAMIN FRANKLIN. 381 Mr. Temple Franklin to D. Hartley, Esq. Sir, Paris, May 21, 1783. The American ministers direct me to present you their compliments, and to desire to be informed, whe- ther the proposition you made them this evening is such as you can agree to and subscribe, without further instruc- tions or information from your Court ? I have the honour tobe,&c. W.T.Franklin, To the Commissioners Plenipotentiary of the United States, &c. Dover, Tuesday morning, 4 o'clock, Gentlemen, 10th June, 1783. This moment landed, — as a boat is going over to Calais, the inclosed proclamation may possibly arrive new to you. To me it wears the aspect of one part of a commercial treaty, I shall not wonder should I see our friend D. Hartley in London this week. I purpose lodging there to-night. There and every where I shall be as I am, your faithful however feeble aid, and obedient servant, Henry Laurens. At the Court at St. James's, the 6th of June, 1783. Present — the King's most Excellent Majesty in Council. Whereas by an Act of Parliament passed this Session, intituled, " An Act for preventing certain instru- ments from being required from ships belonging to the United States of America, and to give to his Majesty, for 382 PRIVATE CORRESPONDENCE PART lit. a limited time, certain powers for the better carrying on trade and commerce between the subjects of his Majesty's dominions and the inhabitants of the said United States," it is, among other things, enacted, that during the conti- nuance of the said Act, it shall and may be lawful for his Majesty in Council, by order or orders to be issued and published from time to time, to give such directions and to make such regulations with respect to duties, drawbacks, or otherwise, for carrying on the trade and commerce be- tween the people and territories belonging to the Crown of Great Britain, and the people and territories of the said United States, as to his Majesty in Council shall appear most expedient and salutary, any law, usage, or custom, to the contrary notwithstanding. His Majesty doth therefore, by and with the advice of his privy Council hereby order and direct, that pitch, tar, turpentine, indigo, masts, yards, and bowsprits, being the growth or produc- tion of any of the United States of America, may (until further order) be imported directly from thence into any ports of this kingdom, either in British or American ships, by British subjects, or by any of the people inhabiting in, and belonging to the said United States, or any of them ; and that the articles above recited shall and may be entered and landed in any port of this kingdom upon payment of the same duties, as the same are or may be subject and liable to, if imported by British subjects in British ships from any British island or plantation in America, and no other, notwithstanding such pitch, tar, turpentine, indigo, masts, yards, and bowsprits, or the ships in which the same may be brought, may not be accompanied with the certificates or other documents heretofore required by law ; and his Majesty is hereby further pleased, by and PART III. OF BENJAMIN FRANKLIN. 383 with the advice aforesaid, to order and direct that any tobacco, being the growth or production of any of the ter- ritories of the said United States of America, may like- wise (until further order) be imported directly from thence, in manner above-mentioned, and may be landed in this kingdom, and upon the importer paving down in ready money the duty commonly called the Old Subsidy, such tobacco may be warehoused under his Majesty's locks, upon the importer's own bond, for payment of all the farther duties due for such tobacco, within the time limited by law, according to the net weight and quantity of such tobacco, at the time it shall be so landed, with the same allowances for the payment, or such farther duties, and under the like restrictions and regulations in all other respects, not altered by this order, as such tobacco is and may be warehoused by virtue of any Act or Acts of Par- liament in force. — And the Right Honorable the Lords Commissioners of his Majesty's treasury, and the Lords Commissioners of the Admiralty, are to give the necessary directions herein, as to them may respectively appertain. Steph. Cottrel. To the American Ministers. Gentlemen, Paris, June 14, 1783. Permit me to address the enclosed memo- rial to your Excellencies, and to explain to you my reasons for so doing. It is because many consequences now at great distance, and unforeseen by us, may arise between our two countries, perhaps from very minute and inci- dental transactions which, in the beginning, may be im- perceptible and unsuspected as to their future effects. 384 PRIVATE CORRESPONDENCE PAUT III.' Our respective territories are in vicinity, and therefore we must be inseparable. Great Britain, with the British power in America, is the only nation with whom by abso- lute necessity you must have the most intimate concerns, either of friendship or hostility. All other nations are 3000 miles distant from you. You may have political connexions with any of these distant nations, but with regard to Great Britain it must be so. Political inter- course and interests will obtrude themselves between our two countries, because they are the two great powers di- viding the Continent of North America. These matters are not to come into discussion between us now. They are of too much importance either to be involved or evert glanced at, in any present transaction. Let every eventual principle be kept untouched, until the two nations shall have recovered from the animosities of the war. Let them have a pacific interval to consider deliberately of their mutual and combined interests, and of their engagements with other nations. Let us not at the outset of a temporary convention, adopt the severe principle of reducing every transaction between the two countries to the footing of exact reciprocity alone. Such a principle would cast a gloom upon conciliatory projects*. America is not restrained from any conciliation with Great Britain, by any treaty with any other power. The princi- ples of conciliation would be most desirable between Great Britain and America ; and forbearance is the road to con- ciliation. There are all reasonable appearances of con- ciliatory dispositions on all sides, which may be perfected in time. Let us not therefore at such a moment as this, and without the most urgent necessity, establish a morose principle between us. If it were a decided point against PART III. OR BENJAMIN FRANKLIN. 385 amity and conciliation, it would be time enough to talk of partition and strict reciprocity. To presume in favour of conciliation may help it forward ; to presume against it, may destroy that conciliation which might otherwise have taken place. But in the present case there is more than reason to presume conciliation. I think myself happy that I have it in my power to assure you from authority, that it is the fundamental principle of the British Councils to establish amity and confidence between Great Bri- tain and the American States, as a succedaneum for the relation in which they formerly stood one to the other. The proof of this consists not in words but in substantial facts. His Britannic Majesty has been gra- ciously pleased to send orders to his Commanders in North America for the speedy and complete evacuation of ail the territories of the United States. His Majesty has given orders in Council on the 14th of the last month, for the admission of American ships and cargoes into Great Britain ; and on the 6th instant he has given further orders, permitting the importation from America, of several articles, which have been usually considered as manufactures. He has likewise provided for the conve- nience of American merchants, who may wish to land tobacco in Great Britain for re-exportation, upon the same principle. Mr. Fox, the Secretary of State cor- responding with America, has moved for and received the leave of the House of Commons, (nern. con.) to bring in a Bill, that any American merchants importing rice into Great Britain, may, upon re-exportation, draw back the whole duty paid on its first importation. All these cir- cumstances put together, undoubtedly form the most in- Vol. II. 2 B 586 PRIVATE CORRESPONDENCE PART 111. disputable evidence of the disposition which prevails in the British Councils to give every facility to the re-esta- blishment of that intercourse which must be so beneficial to both nations. I am ordered to inform you, that his Majesty entirely approves of the plan of making a temporary convention for the purpose of restoring immediate intercourse and commerce, and more particularly for the purpose of put- ting off for a time, the decision of that important question how far the British Acts of Navigation ought to be sacri- ficed to commercial considerations, drawn from the parti- cular circumstances of the present crisis; a question which will require much deliberation and very much en- quiry before it can be determined. I am sure, gentlemen, you will see and admit the reasonableness of our proceed- ing in such a case with deliberation and discretion, more especially when these acts of prudence do not proceed from any motives of coolness or reserve towards you. In the mean time the temporary convention may proceed, upon principles of real and accommodating reciprocity. For instance, we agree to put you upon a more favourable footing than any other nation. We do not ask a rigid reciprocity for this, because we know by your present subsisting treaties, it is not in your power to give it to us. We desire only to be put upon the footing of other na- tions with you, and yet we consent that you shall be upon a better footing with us than any other nation. Thus far we must be allowed to be giving something more than reciprocity, and this we do, as I said before, because we are unwilling to ask what you are unable to give. Surely it is not unreasonable, nor more than from principles of reciprocity we have a right to expect, that PART III. OF BENJAMIN FRANKLIN. 387 you should imitate our conduct in this particular, and that you should abstain from asking things under the title of exact and literal reciprocity, which, upon the consideration of our cause, you must know that we cannot give ; virtual and substantial reciprocity, we are willing to give, literal reciprocity is impossible, as much from your engagements as from our system of navigation. If we can agree upon an article of intercourse and com- merce, in the nature of a temporary convention, on the basis of the memorial which I had the honor of giving lately to you, bearing date 19th of May, 1783/ no time need be lost in finishing this business ; but with this expla- nation, that although it is proposed that the commerce between the United States and the British West Indies should be free with regard to their respective productions, yet that we are not bound to admit the importation of West Indian commodities into Great Britain, in American vessels. Believe me, gentlemen, that this restriction does not proceed from any invidious disposition towards the American States. It is imposed by indispensable pru- dence and necessity upon the British ministers, who, in the present state of things, could not be justified to their own country to go hastily to a larger extent of concession. This point is not to be looked upon merely as commercial, but as affecting fundamentally the great political system of British Navigation ; and you are to consider that the principle upon which the whole of our proposed tempo- rary convention is to stand, is, that the commerce between the two countries is to be revived, nearly upon the old footing ; but that each nation is to keep in its own hands, the power of making such regulations respecting naviga- 1 Supposed to allude to his Observations and Propositions deli- vered to the American Commissioners, the 21sf Jli«y, 1783. See page 376. 388 PRIVATE CORRESPONDENCE PART fll. /ion, as shall seem fit. I assure you that this point has been discussed by the ministers of the British cabinet, with infinite caudour, and with every possible disposition of amity and favour towards your country ; but the more they have enquired upon this subject, the more they are overborne by conviction, that the prejudices upon this matter y (if that be the name these opinions deserve) are so strong, that such a measure as a relaxation of the Act of Navigation in this instance never can be taken, but upon such a full and solemn parliamentary enquiry as it is im- possible to go into at this time of the year, and in this stage of the. Sessions. I cannot, therefore, gentlemen, help flat- tering myself, that you who are so well acquainted with the difficulties which must embarrass an English administra- tion, iu a business of this sort, will rather endeavour to remove them, than to increase them ; and I am sure that such a plan on your part would ultimately be most con- ducive to your own objects. When an amicable intercourse is once opened, and when conciliatory confidence comes to take place of those jealousies which have lately sub- sisted, you may easily conceive in how different a manner the whole of this matter will be considered. I am con* fident that this will be the case, but if it is not, the provi- sions being only temporary, it will be in the power of the United States to take up any hostile mode of proceeding, by restraints and prohibitions, &c. whenever they may- think fit. I have made use above of the word prejudices in speak- ing of the principles of the British Act of Navigation. I hope you will accept that term from me, as proceeding so far in compliance towards the future consideration of the points now between us, as to keep the question open and free for discussion. If Great Britain should, in any case. PART III. OF BENJAMIN FRANKLIN. 389 throw down the barriers of her Act of Navigation to- wards America, she should be very secure, against the possible case of future enmity or alliance against her. Such considerations as these lead to objects far beyond our present scope or powers. But I must still add one word more upon this article of prejudices. Such 'preju- dices (if they are so) are not confined to Great Britain. By your commercial treaty with France, article 4th, you are only entitled to an European trade with that kingdom ; and not even by that treaty, to any direct commerce be- tween their West Indian Islands and the ports of the American States, much less to the immediate communi- cation' between the French Islands and the Dominions of the Crown of France in Europe. Every public proceeding in England since the com- mencement of our present negociation, for opening inter- course and commerce between our two countries will, I am sure, support me in saying that we have very liberally taken the lead, that we have not waited for any assurance of reciprocity, but have given orders for almost an univer- sal admission of American articles before we even know that any vessel of Great Britain will find admission into American ports. What do we ask in return ? No more than this : that while we, gratuitously and with- out stipulation, give advantages and favours to the Ame- rican States, which we deny to all other nations, they would so far justify our liberal way of proceeding, as to receive us in the same manner as other nations, which are foreign, and to permit us to carry to North America what it is evidently for their interest that we should carry thither. I need hardly add, that it is of infinite importance that 390 PRIVATE CORRESPONDENCE PART III. some temporary convention should be finished without loss of time. I hope and trust we shall not find much more difficulty in this business. You must see the ad- vantage of an immediate renewal of intercourse, and from the candour of your dispositions I am sure you must like- wise be convinced, that to give us some facility in the outset, is the sure road to such an equitable arrangement for the future, as \ou must have at heart. The reasons which 1 have given in the memorial dated the first of June instant, appear to me to be cogent and convincing upon the natural alliance between our two countries, and when the intercourse has once begun, every thing will go in its natural road. It is therefore of infinite consequence to begin that intercourse. Great Britain, by all public pro- ceedings of repeals, proclamations, &c. &c. has made the first advances with warmth and confidence, and therefore I conclude, with the fullest assurance, that you will meet those advances with cordial reciprocity. I have the honor to be, gentlemen, with the greatest respect and consideration, your most obedient and humble servant, D. Hartley. ■ MEMORIAL, June 1, 1783. The proposition which has been made for an uni- versal and unlimited reciprocity of intercourse and com- merce between Great Britain and the American United States, requires a very serious consideration on the part of Great Britain, for the reasons already stated in a memorial dated May 19, 1783, and for many other reasons which, in the future discussion of the proposition, will appear. To the American States likewise it is a matter of the PART III. OF BENJAMIN FRANKLIN. S91 deepest importance, not only as a proposition of com- mercial intercourse, which is the least part, but most principally as a political basis and guarantee for their newly established constitutions. The introduction of British interests into a communion of intercourse will bring forward an universal guarantee on the part of Great Britain, in the future progress of political events, which may affect the United States of America in their national capacity. The proposition is fertile in future prospects to Great Britain, and America also may wisely see in it a solid foundation for herself. A}.\ circumstances are most fortunately disposed between Gre^t Britain and the American States, to render them useful friends and allies to each other, with a higher degree of suitableness between themselves than any other nations can pretend to. France cannot interchange reciprocities with the American States, by reason of numberless impe- diments in her system of government, in her monopolies, and in her system of commerce. France has the great disability of difference in language to contend with, and the institution of the present French manufactures has never at any time heretofore been trained or adapted to American commerce. The only particular and specific facility which France ever possessed for American inter- course has, for many years, been transferred into the British scale by the cession of Canada to Great Britain. The future commerce between France and America will chiefly be regulated by such conveniences as France can draw to herself from America, without much aptitude on the part of France to accommodate her manufactures and commerce to American demands. In short, an inter- change of reciprocities between France and America 392 PRIVATE CORRESPONDENCE PART 111. would run against the stream on both sides, and all esta- blished habit3, manners, language, together with princi- ples of government and commerce, would militate against such a system. ,v, *,<.>«..; o,l f .. .-■«*• Conformably to this reasoning it appears that France has not at any time entertained any systematical design of forming any union or consolidation of interests with Ame- rica. She took up the American cause, as instrumental to her political views in Europe. America likewise ac- cepted the alliance with France for her separate views, viz. for the establishment of her independence The al- liance therefore is completed and terminated, without leav- ing behind it any political principle of the future perma- nent connexion between them. Occasional circumstances produced a temporary alliance. Similar circumstances may on any future occasion produce a similar event of a temporary compact. Dissimilar circumstances, arising from any future political views of the court of France in Europe, may without any inconsistency of principle throw the power of that kingdom into a scale adverse to the future interests of the American States. In such case therefore, where there cannot exist any permanent poli- tical connexion between France and America, and where the commercial attachments can be but feeble, it would be vain to expect in the French nation any such ally, as newly established States ought to look out for, to give maturity and firmness to their constitutions. As to Spain, every argument, which has been stated, respecting diversity of language, manners, government, monopolies, and system of commerce, from those which prevail in the United States of America, obtains in a supe- rior degree. And much more to add besides ; for Spain is PART 111. OF BENJAMIN FRANKLIN. 39^ not only incompetent to interchange reciprocities with the American States, but likewise her own situation in Ame- rica will at all times render her extremely jealous of her neighbours. The only activity which Spain has exerted in the war, has been to procure a barrier against the Ame- rican States, by annexing West Florida to her former ac- quisition of New Orleans ; thereby embracing the mouth of the Mississipi, and by means of that river jointly with her landed possessions, establishing a strong and jealous boundary against any future progress of the American States in those parts. Spain therefore cannot be looked upon by the American States as a suitable object of their election to become a permanent ally and friend to them. Portugal likewise labors under all the disabilities of lan- guage, manners, monopolies, government, and system of commerce. Her national power and importance would be likewise insufficient to constitute a strong and perma- nent ally to the American States. All these nations will undoubtedly be found to have many commodious quali- ties for participation in commerce, but the preeminent faculties necessary to constitute a firm and permanent ally to the American States will be found deficient in them. As to the Italian States, or any other powers in the Mediterranean, they are certainly not adequate to any competition of political alliance with the rising States of America. They will also form very commodious links and connexions in the general circuit of commerce, but beyond these considerations they have no share in the pre- sent question. The several States of the Germanic body are in the same predicament. As to the Northern powers, viz. those in the Baltic, 394 PRIVATE CORRESPONDENCE PART III. they are not favored either by vicinity or climate, for a frequent or facile intercourse of commerce with America. And even respecting several material articles of com- merce, jealousies and competitions might arise. As to political alliances, there are no such in prospect from them to the American States, even if there were any su- perfluity of force in any of them, beyond the necessities of their respective domestic situations. The extreme dis- tance would be conclusive against any possible applica- tion of such power as a political alliance favorable to the establishment and confirmation of the American States. The only maritime State on the continent of Europe remaining to be discussed as a competent candidate for commerce or connexion with America, is the republic of the United Netherlands, commonly called Holland. In respect to American commerce, the Dutch have among themselves every facility combined, which the separate States of Europe possess distinctively in their own con- cerns, or nearly. Their industry, frugality, and habits of commerce may even carry them so far as to make them rivals to the Americans themselves, in the transportation of European merchandise to America. These faculties of commerce would have been of infinite importance to the American States, if the war had continued between Great Britain and them. But upon the event of peace it be- comes a matter of the most perfect indifference to Ame- rica, whether each European State navigates its own commerce into the ports of America, which will be open to all, or whether the commercial faculties of Holland enable her to exceed in rivalship her European neighbours, and thereby to navigate European goods to America beyond the proportion of her national share. The faculties of PART III. OF BENJAMIN FRANKLIN. 3<)5 a nation of carriers may be fortunate for the marine of that nation, but considered in themselves, and with res- pect to other nations, they are but secondaries in com- merce. They give no ground of reciprocities, or partici- pation. That one nation should say to another, You shall navigate all our rivers, harbours, lakes, ports, and places, if we may do the same in yours, is a proposition of reciprocity, but that Holland should say to America, We will bring European goods to you, or you may be your own carriers, is neither concession nor reciprocity. Hoi- land is not a nation of rivers, harbours, lakes, ports, and places, for the distribution of goods and manufactures for internal consumption, and therefore her reciprocities must be very scanty. Holland is the market place of Europe, and the Dutch seamen are the carriers appertaining to that market place. The admission of American ships to that market place, freely to import and to export, is undoubt- edly an act of reciprocity on the part of Holland, as far as it goes, but in no degree adequate to the unlimited par- ticipation of American commerce, throughout all the rivers, harbours, lakes, ports, and places of that vast con- tinent. The commercial reciprocities of Holland there- fore being inferior on her part towards America, the next point of view, in which Holland is to be considered, as relevant to this question, is as a nation of power, capa- ble of becoming an effectual and permanent ally and gua- rantee to the American States ; for that is the great ob- ject, which America, as a wise nation, recently arisen into independence, ought to keep in view. Holland has cer- tainly been a nation of great and celebrated naval force. She remains so still, but having for many years suspended her exertions of force, and having directed the faculties of 396 PRIVATE CORRESPONDENCE PART III. her people into the commercial line, she seems not to have any superfluity of force beyond the necessity of providing for her own security, and certainly no such redundance of power as to extend to the protection of distant nations as allies, or guarantees. It appears therefore upon the whole of this argument, that Holland, although a commercial nation, cannot even interchange commercial reciprocities with America, upon an equal footing, and that her facul- ties of force are inadequate to those which America ought to expect in the permanent allies and guarantees of her country. The independence of the American States being es- tablished, their first consideration ought to be, to deter- mine with what friendships and alliances they will enter into the new world of nations. They will look round them, and cast about for some natural permanent and powerful ally, with whom they may interchange all ce- menting reciprocities, both commercial and political. If such an ally be to be found any where for them, it is still in Great Britain ; at least it is certain that, in looking round Europe, no other is to be found. There is no in- herent impossibility to prevent such a connexion from taking place, it must depend upon the free will and com- mon interest of the parties. There are all possible facul- ties on both sides to give and to receive all adequate and beneficial reciprocities, which are practicable, and more likely to be permanent between independent parties, than between two parties of which one is dependent on the other. Great Britain is undoubtedly the first of European nations in riches, credit, faculties, industry, commerce, manufactures, internal consumption and foreign export, together with civil liberty, which is the source of PART 111. * OF BENJAMIN FRANKLIN. 397 all, and naval power, which is the support of all. The dominions appertaining to the crown of Great Britain are large and fertile, its colonies still extensive and in close vicinity to the American States ; Great Britain being an American as well as an European power, and all her em- pire connected by her naval force. The territories of the American States, from the At- lantic Ocean to the Mississippi, contain an inexhaustible source of riches, industry, and future power. These will be the foundation of great events in the new page of life. Infinite good or infinite evil may arise according to the principles upon which the intercourse between Great Bri- tain and America shall be arranged in its foundation. Great Britain and America must be still inseparable, either as friends or foes. This is an awful aud important truth. These are considerations not to be thought of slightly, not to be prejudged in passion, nor the arrangements of them to be hastily foreclosed. Time given for consideration may have excellent effects on both sides. The pause of peace, with friendly intercourse, returning affection and dispassionate inquiry, can alone decide these important events, or do justice to the anxious expectations of Great Britain and America. Henry Laurens, Esq. to the American Minis- ters Plenipotentiary. Gentlemen, London, June 17, 1783. I had the honor of addressing you the 10th, immediately after my landing at Dover. As early as pos- sible after my arrival here I obtained an interview with Mr. Secretary Fox, who was pleased to read to me part of his latest dispatches to Mr. Hartley, which he supposed 398 PRIVATE CORRESPONDENCE 'PART III. Would reach Paris on the 14th; 'tis probable therefore that before this time, as much of the contents as is pro- per for your knowledge has been communicated. " Reciprocity" since the 10th of April has undergone a certain degree of refinement ; the definition of that term appears now to be possession of advantages on one side, and restrictions on the other. The Navigation Act is the vital of Great Britain u too delicate to bear a touch." The sudden and unexpected, perhaps illicit ar- rival of ships and cargoes from America, may have caused this change of tone. But you have heard in detail and are more competent to judge. From a desire of forming an opinion, I asked Mr. Fox whether he thought 1 might venture for a few days to take the benefit of Bath, and yet be time enough at Paris for the intended commercial agreement ? He replied, u I rather think you may." One need not be a conjurer to draw an inference : you will either have finished the busi- ness before I could travel to Paris, or without being missed there, I may go to Bath and repair my nerves. In this state of uncertainty, when 'tis easy to perceive affections are not as we could wish them, nor quite so warm as we had been taught to believe, it would not be wise to commit the United States, wherefore I shall rest the business till I hear from you, or until a more favora- ble prospect, flattering myself with hopes of your sur- mounting the late seeming difficulties ; an inconveni- ence on your side is preferable to the hazard of a dis- grace. I am with great regard and respect, &c. H. Laurens. part iii. of benjamin franklin. 399 Henry Laurens, Esq. to the American Minis- ters. Gentlemen, London, June 20, 1783. Permit me to refer to what I had the honor of writing to you the 17th. You will recollect my suggestions, as soon as we perceived the falling off from those warm assurances which had been pressed in March and April — they were not ill founded; I delayed a week in hopes of intelligence and left you with reluctance; the temper of the times forbids even an essay. What a happy country is this, where every thing pertaining to the public, is rendered to them in public newspapers ; see the en- closed, containing nearly as accurate an account of cer- tain recent occurrences, as if it had been penned by one of the parties. It might indeed have been made a little stronger. Modest men are sometimes restrained from at- tempting a public good, from a dread of the effects of envy, of being held up in an invidious light. It would be cruel to disturb them. I have learned nothing from Ame- rica, save what you may have read in the prints. To mor- row I shall proceed to Bath and be waiting for intelligence as well from yourselves as from Congress. Some conso- lation arises from reflecting that while I am endeavouring to mend my health, you surfer no inconvenience from my absence. With sincere regard and respect, I have the honor to be, Gentlemen, your obedient and most humble servant, Henry Laurens. Mr. Hartlej/'s Six Propositions. 1 . That lands belonging to persons of any description 4(X> PRIVATE CORRESPONDENCE PARTUS which have not actually been sold, shall be restored to the old possessors without price. 2. That an equal and free participation of the different carrying places, and the navigation of all the lakes and rivers of that country, through which the water line of division passes between Canada and the United States, shall be enjoyed fully and uninterruptedly by both par- lies. 3. That in any such places within the boundaries as- signed generally to the American States, as are adjoining to the w rater line of division, and which are not specifically under the dominion of any one State, all persons at pre- sent resident, or having possessions or occupations as merchants or otherwise, may remain in peaceable enjoy- ment of all civil rights and in pursuit of their respective occupations. 4. That in all such places adjoining to the water line of division, as may be under the specific dominion of any particular State, all persons at present resident or having possessions or occupations as merchants or otherwise, may remain in the peaceable enjoyment of all civil rights* and in pursuit of their occupations, until they shall receive notice of removal from the state to which any such place may appertain, and that upon any such notice of removal, a term of three years shall be allowed for selling or with- drawing their valuable effects, and for settling their affairs. 5. That his Britannic Majesty's forces not exceeding . . . in number may continue in the ports now occupied by them contiguous to the water line, for the term of three years, for the purpose of securing the lives, property and peace of any persons settled in that country, against the, invasion or ravages of the neighbouring Indian nations who PART III. OF BENJAMIN FRANKLIN. 401 may be suspected of retaining resentments in consequence of the late war. 6. That no tax or impost whatsoever shall be laid on any articles of commerce passing or repassing through the country, but that the trade may be left entirely, open for the benefit of all parties interested therein. Answers to Mr. Hartley's six Propositions for the definitive Treaty. To the 1st. This matter has been already regulated in the oth and 6th articles of the provisional treaty to the utmost extent of our powers : the rest must be left to the several States. 2. All the Lakes, Rivers and waters divided by the boundary line or lines, between the United States and his Britannic Majesty's territories, shall be freely used and navigated by both parties during the whole extent of such division. Regulations concerning roads, carrying places and any land communications between said waters, whether within the line of the United States or that of his Majesty, together with the navigation of all waters and rivers in America belonging to either party, may be made in a negociation of a treaty of commerce. 3. That in all places belonging to the United States in the country, adjoining to the water line of division, and which during the war were in his Majesty's possession, all persons at present resident, or having possessions or occupations, as merchants or otherwise, may remain in the peaceable enjoyment of all civil rights, and in pursuit of their occupations until they shall receive notice of removal from Congress, or the state to which any such place may Vol. II. % C 402 PRIVATE CORRESPONDENCE PART HI. appertain, and that upon any such notice of removal, a term of two years shall be allowed for selling or withdraw- ing their effects and for settling their affairs. 4. That his Britannic Majesty's forces not exceeding ... . . in number, may continue in the posts now occupied by them, contiguous^ to the water line, until Congress shall give notice to evacuate the said posts ; and garrisons of their own shall arrive at said posts for the purpose of securing the lives, property and peace of any persons settled in that country, against the invasion or ravages of the neighbouring Indian nations, who may be suspected of retaining resentments in consequence of the late war. 5. The consideration of this proposition may be left to the treaty of commerce. To Henry Laurens, Esq. Deah Sir, Passy, July 6, 1783. We have been honoured 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 dispatches for us as late as the first of June. The preliminary articles are ratified. But General Carle- ton, in violation of those articles, has sent away a great number of negroes, alledging that freedom having been promised them by a proclamation, the honour of the nation was concerned, &e. Probably another reason may be, PART III. OF BENJAMIN FRANKLIN. 403 that if they had been restored to their masters, Britain could not have hoped any thing from such another procla- mation 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 desi- rous 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 the American Ministers, to D. Hart- ley, Esc;. Sir, Passy, July 17, 1783. We have the honour to inform you that we have just received from Congress their ratification in due form, of the provisional articles of the 30th Nov. 1782, and we are ready to exchange ratifications with his Britannia Majesty's ministers as soon as may be. By the same articles it is stipulated, that his Britannic Majesty shall with all convenient speed, and without 404 PRIVATE CORRESPONDENCE PART 111. causing any destruction or carrying away any negroes or other property of the American inhabitants, withdraw all his armies, garrisons and fleets from the United States, and from every post, place and harbour within the same. But by intelligence lately received from America, and by the enclosed copies of letters and conferences between General Washington and Sir Guy Carleton, it appears that a considerable number of negroes belonging to the citizens of the United States, have been carried off from New York, contrary to the express stipulation contained in the said article. We have received from Congress their instructions to represent this matter to you, and to request that speedy and effectual measures be taken to render that justice to the parties interested, which the true intent and meaning of the article in question plainly dictates. We are also instructed to represent to you, that many of the British debtors in America have in the course of the war sustained such considerable and heavy losses by the operation of the British arms in that country, that a great number of them have been rendered incapable of immediately satisfying those debts. We refer it to the justice and equity of Great Britain, so far to amend the article on that subject, as that no execution shall be issued on a judgment to be obtained in any such case, but after the expiration of three years from the date of the definitive treaty of peace. Congress also think it reasonable that such part of the interest which may have accrued on such debts during the war shall not be payable, because all intercourse between the two countries, had, during that period, become impracticable as well as improper ; it does not appear just that individuals in America should pay for delays in payment which were occasioned by the PART III. OF BENJAMIN FRANKLIN. 405 civil and military measures of Great Britain. In our opinion the interest of the creditors as well as the debtors, requires that some tenderness be shewn to the latter, and that they should be allowed a little time to acquire the means of discharging debts, which in many instances exceed the whole amount of their property. As it is necessary to ascertain an epocha for the restitu- tions and evacuations to be made, we propose that it be agreed, that his Britannic Majesty shall cause to be evacuated the posts of New York, Penobscot and their dependencies, with all other posts and places in possession of his Majesty's arms, within the United States, in the space of three months after the signature of the definitive treaty, or sooner if possible, excepting those posts conti- guous to the water line mentioned in the 4th proposition, and those shall be evacuated, when Congress shall give the notice therein mentioned. We do ourselves the honour of making these communi- cations to you, Sir, that you may transmit them and the papers accompanying them to your court, and inform us of their answer. We have the honour to be, Sir, your most obedient and most humble servants. John Adams. B. Franklin. John Jay. To U.K. Livingston, Eso. . Sir, July, 1783. We have had the honour of receiving by Captain Barney your two letters of the 25th of March and (21st of April, with the papers referred to in them. 406 PRIVATE CORRESPONDENCE PART III. We are happy to find that the provisional articles have been approved and ratified by Congress, and we regret that the manner in which that business was conducted, does not coincide with your ideas of propriety. We are persuaded however that this is principally owing to your being necessarily unacquainted with a number of circum- stances, known to us who were on the spot, and which will be particularly explained to you hereafter, and we trust to your satisfaction, and that of the Congress. Your doubts respecting the separate article we think are capable of being removed, but as a full statement of the reasons and circumstances which prompted that measure would be very prolix, we shall content ourselves with giving you the general outlines, Mr. Oswald was desirous to cover as much of the eastern shores of the Mississippi with British claims as possible, and for this purpose we were told a great deal about the ancient bounds of Canada and Louisiana, &c, &c. &c. the British court who had probably not yet adopted the idea of relinquishing the Floridas, seemed desirous of annexing as much territory to them as possible, even up to the mouth of the Ohio. Mr. Oswald adhered strongly to that object, as well to render the British countries there of sufficient extent to be (as he expressed it) worth keeping and protecting ; as to afford a convenient retreat to the Tories, for whom it would be difficult otherwise to provide. And among other arguments he finally urged his being willing to yield to our demands to the east, north and west, as a further reason for our gratify- ing liim on the point in question. He also produced the commission of Governor Johnson extending the bounds of his government of W f Florida up to the river Yassous PART III. OF BENJAMIN FRANKLIN. 407 and contended for that extent as a matter of right upon various principles ; which however we did not admit ; the king not being authorized in our opinion to extend or contract the bounds of the colonies at pleasure. We were of opinion that the country in contest was of great value, both on account of its natural fertility and of its position ; it being in our opinion the interest of America to extend as far down towards the mouth of the Mississippi as she possibly could. We also thought it advisable to impress Britain with a strong sense of the importance of the navigation of that river, to their future commerce on the interior waters from the mouth of the St. Laurence to that of the Mississippi; and thereby render that court averse to any stipulations with Spain to relinquish it. These two objects militated against each other ; became to enhance the value of the navigation was also to enhance the value of the countries contiguous to it, and thereby disincline Britain to the dereliction of them. We thought therefore that the surest way to reconcile and obtain both objects would be by a composition beneficial to both parties. We therefore proposed that Britain should with^ draw her pretensions to all the country above the Yassous ; and that we would cede all below it to her in case she should have the Floridas at the end of the war ; and at all events that she should have a right to navigate the river throughout its whole extent. This proposition was accepted, and we agreed to insert the contingent part of it in a separate article, for the express purpose of keeping it secret for the present. That article ought not therefore to be considered as a mere matter of favour to Britain, but as the result of a bargain in which that article was a " quid pro quo." 408 PRIVATE CORRESPONDENCE PART III. It was in our opinion both necessary and justifiable to keep this article secret. The negociations between Spain, France and Britain were then in full vigor, and embarrassed by a variety of clashing demands. The publication of this article would have irritated Spain, and retarded, if not have prevented, her coming to an agreement with Britain. Had we mentioned it to the French minister, he must have not only informed Spain of it, but also been obliged to act a part respecting it that would probably have been disagreeable to America ; and he certainly ha$ reason to rejoice that our silence saved him that delicate and disagree- able task. This was an article in which France had not the smallest interest, nor is there any thing in her treaty with us, that restrains us from making what bargain we pleased with Britain about those or any other lands, without rendering account of such transaction to her or any other power whatever. The same observation applies with still greater force to Spain, and neither justice nor honor forbid us to dispose as we pleased of our own lands, without her knowledge or consent. Spain at that very time extended her pretensions and claims of dominion not only over the tract in question, but over the vast region lying between the Floridas and Lake Superior ; and this court was also at that very time soothing and nursing of those pretensions by a proposed conciliatory line for splitting the difference. Suppose therefore we had offered this tract to Spain in case she retained the Floridas, should we even have had thanks for it ? or would it have abated the chagrin she experienced from being disap- tfAHT III. OF BENJAMIN FRANKLIN. 409 pointed in her extravagant and improper designs on that whole country ? — we think not. We perfectly concur with you in sentiment, Sir, " that honesty is the best policy" but- until it be shewn that we have trespassed on the rights of any man or body of men, you must excuse our thinking that this remark, as applied to our proceedings, was unnecessary. Should any explanations either with France or Spain become necessary on this subject ; we hope and expect to meet with no embarrassments. We shall neither amuse them nor perplex ourselves with ostensible and flimsy ex- cuses, but tell them plainly that as it was not our duty to give them the information ; we considered ourselves at liberty to withold it ; and we shall remind the French minister that he has more reason to be pleased than displeased with our silence. Since we have assumed a place in the political system of the world, let us move like a primary and not like a secondary planet. We are persuaded, Sir, that your remarks on these subjects resulted from real opinion, and were made with candor and sincerity. The best men will view objects of this kind in different lights even when standing on the same ground, and it is not to be wondered at that we who are on the spot and have the whole transaction under our eyes should see many parts of it in a stronger point of light, than persons at a distance, who can only view it through the dull medium of representation. It would give us great pain if any thing we have written or now write respecting this court, should be construed to impeach the friendship of the king and nation for us. We also believe that the minister is so far our friend, and is disposed so far to do us good offices as may correspond 410 PRIVATE CORRESPONDENCE PART 'HI. with and be dictated by his system of policy for promo- ting the power, riches and glory of France. God forbid that we should ever sacrifice our faith, our gratitude or our honour to any considerations of convenience; and may he also forbid that we should ever be unmindful of the dignity and independent spirit which should always characterise a free and generous people. We shall immediately propose an article to be inserted in the definitive treaty for postponing the payment of British debts for the time mentioned by Congress. There are no doubt certain ambiguities in our articles, but it is not to be wondered at when it is considered how exceedingly averse Britain was to expressions which explicitly wounded the Tories ; and how disinclined we were to use any that should amount to absolute stipula- tions in their favour. The words for restoring the property of real British subjects, were well understood and explained between us not to mean or comprehend American refugees. Mr. Oswald and Mr. Fitzherbert know this to have been the case, and will readily confess and admit it. This mode of expression was preferred by them as a more delicate mode of excluding those refugees, and of making a proper distinction between them and the subjects of Britain whose only particular interest in America consisted in holding lands or property there, jiow *jflU The 6th article, viz. where it declares that do future confiscations shall be made, &c. ought to have fixed the time with greater accuracy. We think the most fair and true construction is, that it relates to the date of the cessation of hostilities : That is the time when peace in fact took place, in consequence of prior un formal though PART III. OF BENJAMIN FRANKLIN. 411 binding contracts to terminate the war. We consider the definitive treaties as only giving the dress of form to those contracts and not as constituting the obligation of them. Had the cessation of hostilities been the effect of a truce, and consequently not more than a temporary suspension of war, another construction would have been the true one. We are officially assured by Mr. Hartley that positive orders for the evacuation of New York have been dispatched, and that no avoidable delay will retard that event. Had we proposed to fix a time for it, the British commissioner would have contended that it should be a time posterior to the date of the definitive treaty, and that would have been probably more disadvantageous to us than as that article now stands. We are surprized to hear that any doubts have arisen in America respecting the time when the cessation of hostilities took place there. It most certainly toojt place at the expiration of one month after the date of that declaration in all parts of the world, whether land or sea, that lay north of the latitude of the Canaries. The ships afterwards taken from us in the more northerly latitudes ought to be reclaimed and given up. We shall apply to Mr. Hartley on this subject, and also on that of the transportation of negroes from New York, contrary to the words and intention of the provisional articles. We have the honor to be, &c. J. ApAMS. B. Franklin, J. Jay. H. Laurens. 412 PRIVATE CORRESPONDENCE PARTIII. Extract of a Letter to R. R. Livingston, Esq. Passy,July 22, 17S3. " You have complained sometimes with re v asoo of not hearing often from your foreign ministers ; we have had cause to make the same complaints ; six full mouths having intervened between the latest date of your preced- ing letters and the receipt of those per Captain Barney. During all this time we were ignorant of the reception of the provisional treaty, and the sentiments of Congress upon it, which if we had received sooner might have for- warded the proceedings on the definitive treaty, and perhaps brought it to a conclusion at a time more favour- able than the present. But these occasional interruptions of correspondence are the inevitable consequences of a state of war, and of such remote situations. Barney bad a short passage, and arrived some days before Colonel Ogden, who also brought dispatches from you ; all of which are come safe to hand. We the Commissioners have in our joint capacity written a letter to you, which you will receive with this. 1 I shall now answer yours of March 26, May 9, and May 31* It gave me great pleasure to learn by the first, that the news of the peace diffused general satisfaction. I will not now take upon me to justify the apparent reserve respect- ing, this Court at the signature, which you disapprove. We have touched upon it in our general letter. I do not see, however, that they have much reason to complain of that transaction. Nothing was stipulated to their pre- judice, and none of the stipulations were to have force 1 See the preceding letter, p, 40$. PART 1H. OF BENJAMIN FRANKLIN. 41S but by a subsequent act of their own. I suppose, indeed, that they have not complained of it, or you would have sent me a copy of the complaint, that we might have answered it. I long since satisfied Count de Vergennes about it here. We did what appeared to all of us best at the time, and if we have done wrong, the Congress will do right, after hearing us, to censure us. Their nomina- tion of five persons to the service, seems to mark that they had some dependence on our joint judgment, since one alone could have made a treaty by direction of the French ministry as well as twenty. I will only add, that with respect to myself, neither the letter from Mr. Mar- bois/ handed to us through the British negotiators, (a suspicious channel) nor the conversations respecting the fishery, the boundaries, the royalists, &c. recommending moderation in our demands, are of weight sufficient in my mind, to fix an opinion that this court wished to restrain us in obtaining any degree of advantage we could prevail on our enemies to accord; since those discourses are fairly resolvable by supposing a very natural appre- hension, that we relying too much on the ability of France to continue the war in our favour, and supply us constantly with money, might insist on more advan- tages than the English would be willing to grant, and thereby lose the opportunity of making peace, so necessary to all our friends. When the commercial article mentioned in yours of the 26th was struck out of our proposed preliminaries, by the then British ministry, the reason given was that sundry acts of parliament still in force were against it, and must ' See p. 324 of this volume. 414 PRIVATE CORRESPONDBNCE PART III. be first repealed, which I believe was actually tbeir inten- tion, and sundry bills were accordingly brought in for that purpose. But new ministers with different principles succeeding, a commercial proclamation totally different from those bills has lately appeared. I send enclosed a copy of it. 1 We shall try what can be done in the defini- tive treaty, towards setting aside that proclamation ; but if it should be persisted in, it will then be a matter worthy the attentive discussion of Congress, whether it will be most prudent to retort, with a similar regulation, in order to force its repeal, which may possibly tend to bring on another quarrel, or to let it pass without notice, and leave it to its own inconvenience or rather impracticability in the execution, and to the complaints of the West Iudia planters, who must all pay much dearer for our produce under those restrictions. I am not enough master of the course of our commerce, to give an opinion on this par- ticular question ; and it does not behove me to do it ; yet I have seen so much embarrassment and so little advan- tage in all the restraining and compulsive systems, that I feel myself strongly inclined to believe that a State, which leaves all her ports open to all the world upon equal terms, will by that means have foreign commodities cheaper, and sell its own productions dearer, and be on the whole most prosperous. T have heard some merchants say, that there is ten per cent, difference between Will you buy % and JVM you sell? When foreigners bring us their goods, they want to part with them speedily, that they may purchase their cargoes and dispatch their ships, which are at constant charges in our ports. We have 1 See page 381 of this vol. PART III. OF BENJAMIN FRANKLIN. 415 then the advantage of their, Will you buy ? and when they demand our produce, we have the advantage of their, Will you sell ? and the concurring demands of a number also contribute to raise our prices. Thus both these questions are in our favour at home ; against us abroad. The employing, however, of our own ships, and raising a breed of seamen among us, though it should not be a matter of so much private profit as some imagine, is nevertheless of political importance, and must have weight in consider- ing this subject. The judgment you make of the conduct of France in the peace, and the greater glory acquired by her mode- ration than even by her arms, appears to me perfectly just. The character of this Court and nation seems of late years to be considerably changed. The ideas of aggrandizement by conquest, are out of fashion ; and those of commerce are more enlightened, and more generous than heretofore. We shall soon, 1 believe, feel something of this, in our being admitted to greater freedom of trade with their islands. The wise here think France great enough, and its ambition at present seems to be only that of justice and magnanimity towards other nations, -fidelity, and utility to its allies. I have received no answer yet from Congress to. my request of being dismissed from this service. They should methinks reflect, that if they continue me here, the faults I may henceforth commit through the infirmities of age, will be rather theirs than mine. I am glad my Journal ■ afforded you any pleasure. 1 will, as you desire, endeavour to continue it. r See page 132 to U6 of this vol. 416 PRIVATE CORRESPONDENCE PART III. I am sorry to find that you have thoughts of quitting the service. I do not think your place can be easily well supplied. You mention that an entire new arrangement with respect to foreign affairs is under consideration : I wish to know whether any notice is likely to be taken in it of my grandson. He has now gone through an appren- ticeship of near seven years in the ministerial business, and is very capable of serving the States in that line, as possessing all the requisites of knowledge, zeal, activity, language, and address. He is liked here, and Count de Vergennes has expressed to me in warm terms his very good opinion of him. The late Swedish ambassador Count de Creutz, who is gone home to be prime minister, desired I would endeavour to procure his being sent to Sweden with a public character, assuring me that he should be glad to receive him there as our minister, and that he knew it would be pleasing to the King. The present Swedish ambassador* has also proposed the same thing to me, as you will see by a letter of his which I enclose. One of the Danish ministers, M. Waltersdorff, (who will probably be sent in a public character to Con- gress) has also expressed his wish that my grandson may be sent to Denmark. But it is not my custom to solicit employments for myself or any of my family, and 1 shall not do it in this case. I only hope that if he is not to be employed in your new arrangement, I may be informed of it as soon as possible, that while I have strength left for it, I may accompany him in a tour to Italy, returning through Germany, which I think he may make to more advantage with me than alone, and which I have long 1 Baron de Staid. PART III. OF BENJAMIN FRANKLIN. 417 promised to afford him, as a reward for his faithful service, and his tender filial attachment to me. 1 Our people who were prisoners in England are now all discharged. During the whole war, those who were in Forton prison near Portsmouth, were much befriended by the constant charitable care of Mr. Wren, a Presbyterian minister there ; who spared no pains to assist them in their sickness and distress, by procuring and distributing among them the contributions of good Christians, and prudently dispensing the allowance I made them, which gave him a deal of trouble, but he went through it cheer- fully. I think some particular notice should be taken of this good man. I wish the Congress would enable me to make him a present, and that some of our Universities would confer upon him the degree of Doctor. The Duke of Manchester, who has always been our friend in the House of Lords, is now here Ambassador ; 1 Repeated inquiries having been made (since the first publica- tion of this letter) relative to the result of this very natural and just request of Dr. Franklin; it may be excusable here to remark, that no notice was ever taken of it by Congress ; nor of a former application to the same effect, backed by the strong and affecting recommendation of another of its most able and respectable ministers, — John Jay, Esq. (See pages 76 and 77, Part I.) Nei- ther were the lonir, faithful, arduous, and eminent services of Dr. Franklin ever publicly acknowledged, or adequately remune- rated, by the Government of the United States; except the empty, (though honourable) testimony of its going into mourning on his decease, may be deemed such. But it is an adage, that republics are not famed for gratitude. Hopes, however, are entertained that the American Government consider there is a deferred debt due to the memory of Franklin, and that they will eventually liquidate it. Vol.11. 2 D 418 PRIVATE CORRESPON PENCE PART III. from England. I dine with him to-day (26th) and if any thing of importance occurs, I will add it in a postscript. Be pleased to present my dutiful respects to the Con- gress, assure them of my most faithful services, and believe me to be, with great and sincere esteem, Sir, &c, B. Franklin. To It. R. Livingston, Eso. Sir, Pussy, July 27, 1783. The definitive treaties between the late belli- gerent powers are none of them yet completed. Ourf has gone on slowly, owing partly to the necessity Mr. Hartley (successor of Mr. Oswald) thinks himself under of sending every proposition, either his own or ours, to his Court for their approbation, and their delay in answer- ing, through negligence perhaps, since they have heard our ports are open, or through indecision occasioned by igno- rance of the subject, or through want of union among the ministers. We send you herewith copies of several papers that have passed between us. Mr. Hartley has for some time assured us that he is in hourly expectation of answers, but they do not arrive. The British proclamation respecting the commerce appears to vex hiiii a good deal. We euclose a copy. And we are of opinion that finally we shall find it best to drop all commercial articles in our definitive treaty ; and leave every thing of that kind to a future special treaty to be made either in America or in Europe, as Congress shall think fit to order. Perhaps it may be best to give powers for that purpose to the minis- ter that probably will be sent to Loudon. The opinion here is, that it will be becoming in us to take the first PART III. OF BENJAMIN FRANKLIN. 419 step towards the mutual exchange of ministers ; and we have been assured by the English minister who treats with us here, that ours will be well received. The Dutch preliminaries are not yet agreed on, and it seems to be settled that we are to sign all together, in the presence of the ministers of the two imperial courts who are to be complimented with the opportunity of signing as mediators, though they have not yet, and perhaps will not be consulted in the negociations. Mr. Adams is gone to Holland for three weeks, but will return sooner if wanted. The propositions yOu mention as made to us from that state, we suppose he has given you an account of. Nothing was or is likely to be done upon them here, and therefore it was less necessary to say any thing con- cerning them. A minister from that country has been gone some time to Congress, and if he has those propositions in charge, they will best be considered there. With great esteem we have the honour to be, Sir, &c. B. Franklin, J. Jay, H. Laurens. David Hartley, Esq. to the American Ministers. Gentlemen, Paris, August 12, 1783. I have the honor of transmitting to you a copy of a letter which I have received from Mr. Fox, contain ing an account of the Queen having been happily deli- vered of a princess, and that her Majesty and the young princess are as well as can be expected. Since the reconciliation which has happily taken place 420 PRIVATE CORRESPONDENCE PART 111. between our two countries, I am happy in the oppor- tunity of communicating to you such an occasion of our joint congratulations, as to the first token, of that satis- faction which your country (and you, as the ministers of it in the present case) will receive from this, and from every event which may contribute to the happiness and honour of the King, the Queen, and all the royal family of Great Britain. I am, gentlemen, with the greatest respect and consideration, your most obedient servant, D. Hartley. To D. Hartley, Esq. Sir, We have received the letter which you did us the honour to write on the 12th instant, and shall take the first opportunity of conveying to Congress the agree- able information contained in it. The sentiments and sensations which the re-establish- ment of peace between our two countries, ought to diffuse through both, lead us to participate in the pleasure which the birth of a princess must naturally give to the royal family and people of Great Britain ; and we sincerely congratulate their Majesties on that addition to their domestic happiness. We have the honor to be with great regard and esteem, Sir, your most obedient and very humble servants* J. Adams, B.Franklin, J- Jay. PART Jit. OF BENJAMIN FRANKLIN. 421 To his Excellency M. leComte deVergennes. Sir, Passy, Aug. 1 6, 1783. I have the honour to inform your Excellency, that the English ministry do not agree to any of the pro- positions that have been made either by us, or by their minister here ; and they have sent over a plan for the definitive treaty, which consists merely of the preliminaries formerly signed, with a short introductory paragraph, and another at the conclusion, confirming and establishing the said preliminary articles. My colleagues seem in- clined to sign this with Mr. Hartley, and so to finish the affair. I am, with respect, Sir, your Excellency's, &c. B. Franklin. Mons. de Rayneval, (under Secretary of State for Foreign Affairs) a Mons. Franklin. A Versailles, le 29 A out, 1783. J'ai rendu compte a M. le Comte de Vergennes, Monsieur, de la difficulte que fait M. Hartley de signer a Versailles, et ce ministre m'a charge de vous mander que rien ne devoit vous empecher de signer & Paris Mercredi prochain, jour designe pour la signature des autres traites : mais il vous prie d'indiquer a Mr. Hartley 9 heures du matin, et d'envpyer ici un expres, imm6diatement apres votre signature faite. M. de Vergennes veut etre assure que votre besogne est consommee en meme terns que la sienne. Vous recevez pour Mercredi un billet d'hivitation, ainsi que Messieurs vos collegues et Mons. Hartley ; je presume que celui-ci n'y trouvera aucune difficulte. 4£2 PRIVATE CORRESPONDENCE PART ill. J'ai l'honneur d'etre avec un parfait attachement, Mon- sieur, votre tr&s humble et ties obeissant serviteur, De Rayneval. David Hartley, Esq. to the American Ministers. Gentlemen, Paris, Jug. 29, 1783. As the day is how fixed for the signatures of the definitive treaties between Great Britain, France and Spain, I beg leave to inform your Excellencies, that I am ready to sign the definitive treaty between Great Britain and the United States of America, wheuever it shall be convenient to you. I beg the favour therefore of you to fix the day. My instructions confine me to Paris as the place appointed to me for the exercise of my functions, and therefore whatever day yOu may fix upon for the signature, I shall hope to> receive the honour of your company at the Hotel d' York. 1 am, gentlemen, with the greatest respect and consideration, your most obedient servant, D. Hartley, The American Ministers, plenipotentiaries for making peace with Great Britain, present their compli- ments to Mr, Hartley. They regret that Mr. Hartley's instructions will not permit him to sign the definitive treaty of peace with America at the place appointed for the signature of the others. They will nevertheless have the honor of waiting upon Mr. Hartley at his lodgings at Paris, for the purpose of signing the treaty in question, on Wednesday morning at 8 o'clock. Pussy, Aug. SO, 1783. PART III. OF BENJAMIN FRANKLIN. 423 The Definitive Treaty between Great Britain and the United States of America, signed at Paris the Third Day of September, 1783. In the Name of the most Holy and undivided Trinity. It having pleased the Divine Providence to dis- pose the hearts of the serene and most potent Prince George the Third, by the Grace of God, King of Great Britain, France and Ireland, Defender of the Faith, Duke of Brunswick and Lunenbourg, Arch Treasurer and Prince Elector of the Holy Roman Empire, &c. and of the United States of America, to forget all past misunder- standings and differences that have unhappily interrupted the good correspondence and friendship which they mu- tually wish to restore, and to establish such a beneficial and satisfactory intercourse between the two countries upon the ground of reciprocal advantages and mutual convenience, as may promote and secure to both per- petual peace and harmony ; and having for this desirable end already laid the foundation of peace and reconciliation by provisional articles signed at Paris on the 30th of November, 1 782, by the Commissioners empowered on each part, which articles were agreed to be inserted in and to constitute the treaty of peace proposed to be concluded between the crown of Great Britain and the said United States, but which treaty was not to be con- cluded until terms of peace should be agreed upon between Great Britain and France, and his Britannic Majesty should be ready to conclude such treaty accordingly ; and the treaty between Great Britain and France having since been concluded ; his Britannic Majesty and the United 424 PRIVATE CORRESPONDENCE PART III, States of America, in order to carry into full effect the provisional articles above-mentioned, according to the tenor thereof, have constituted and appointed, that is to say, his Britannic Majesty on his part, David Hartley, Esq. Member of the Parliament of Great Britain : and the said United States on their part, John Adams, Esq. late a Commissioner of the United States of America at the Court of Versailles, late Delegate in Congress from the State of Massachusetts, and Chief Justice of the said state, and Minister Plenipotentiary of the said United States to their High Mightinesses the States General of the United Netherlands ; Benjamin Franklin, Esq. late Delegate in Congress from the State of Pennsylvania, President of the Convention of the said state, and Minister Plenipotentiary from the United States of America at the Court of Versailles ; John Jay, Esq. late President of Congress, and Chief Justice of the State of New York, and Minister Plenipotentiary from the said United States at the Court of Madrid, to be the Plenipotentiaries for the concluding and signing the present definitive treaty ; who after having reciprocally communicated their respective full powers, have agreed upon, and confirmed the follow- ing articles : N. B. The nine first articles were the same as the Preliminary Articles signed with Mr. Oswald, Nov. 30, 1782. (Seepage 301.) Article X. The solemn ratification of the present treaty, expedited in good and due form, shall be exchanged between the contracting parties in the space of six months, or sooner if possible, to be computed from the day of the signature PART III. OF BENJAMIN FRANKLIN. of the present treaty. In witness whereof we the under- signed, their ministers plenipotentiary, have in their name and virtue of our full powers, signed, with our hands, the present definitive treaty, and caused the seals of our arms to be affixed thereto. Done at Paris this third day of September, in the year of our Lord one thousand seven hundred and eighty- three. /"John Adams, (L. S.) , v 1 B. Franklin, (L. S.) (S,g,led M John Jay, (L. S.) ^-David Hartley, (L. S.) At the end of this treaty were added Mr. Hartley's and the American Ministers' commissions, and certified thus ; We certify the foregoing copies of the respective full powers, to be authentic. George Hammond, , Secretary to the British commission. Wm. Temple Franklin, Secretary to the American commission . David Hartley, Esq. to the American Ministers. Gentlemen, Passy, Sept. 4, 1783. It is with the sincerest pleasure that 1 con- gratulate you on the happy event which took place yes- terday, viz. the signature of the definitive treaty between our two countries. I consider it as the auspicious pre- sage of returning confidence, and of the future intercourse of all good offices between us. I doubt not that our two countries will entertain the same sentiments, and that they 42b PRIVATE CORRESPONDENCE PART HI. will behold with satisfaction the period which terminates the memory of their late unhappy dissensions, and which leads to the renewal of all the ancient ties of amity and peace. I can assure you that his Britannic Majesty, and his confidential servants, entertain the strongest desire of a cordial good understanding with the United States of America. And that nothing may be wanting on our parts to perfect the great work of pacification, 1 shall propose to you in a very short time, to renew the discussion of those points of amity and intercourse, which have been lately suspended to make way for the signature of the treaties between all the late belligerent powers, which took place yesterday. We have now the fairest prospects before us, and an unembarrassed field for the exercise of every beneficent disposition, and for the accomplishment of every object of reciprocal advantage between us. Let us then join our hearts and hands together in one common cause, for the reunion of all our ancient affections and common interests. I am, gentlemen, with the greatest respect and consideration, your most obedient servant, D. Hartley. To David Hartley, Escj. Sir, Passy, Sept. 5, 1783. We have received the letter which you did us the honour to write )esterday. Your friendly congratulations on the signature of the definitive treaty, meet with cordial returns on our part ; and we sincerely rejoice with you in that event by which the Ruler of nations has heen graciously pleased to give peace to our two countries. PAKT III. OF BENJAMIN FBANKLIN. 427 We are no less ready to join our endeavours than our wishes with yours, to concert such measures for regulating the future intercourse between Great Britain and the United States, as by being consistent with the honour and interest of both, may tend to encrease and perpetuate mutual confidence and good will. We must nevertheless candidly inform you, that we consider our commission as terminated, and therefore without further authority from congress, will not be able to sign and conclude. All we can at present do is to confer with you, and recommend to congress such propositions as may appear to us to merit their assent. And we shall propose to them to send a commission to Europe without delay for these impor- tant purposes. The unrestrained course already given* by the States to the British commerce with them, and the unconditional liberation of prisoners, at a time when more caution would not have been singular, are marks of liberality and confi- dence, which we flatter ourselves will be equalled by the magnanimity of his Majesty and the people of Great Britain. We have communicated to congress the warm and re- peated assurances with which you have officially honoured us on these subjects, and we are persuaded that the period of their being realized, will have an auspicious and conci- liating influence on all the parties in the late unhappy dis- sensions. We have the honour to be, Sir, with great respect and esteem, your most obedient and humble servants, ■ft treph John Adams, B. Franklin, \ -.., ;; i. John Jay, 4'28 PRIVATE CORRESPONDENCE PART III. To David Hartley, Eso. My dear Friend, Passy, Sept. 7, 1783. The enclosed letters to you and to Mr. Fox, were written before I saw you yesterday. On my return home last night 1 found dispatches from congress, which may remove the difficulties we were en- tangled with. Mr. Adams will be here this morning;, when you will hear from us. I am ever, yours sincerely, B. Franklin. To David Hartley, Esq. My dear Friend, Passy, Sept. 6, 1783. Enclosed is my letter to Mr. Fox. I beg you would assure him, that my expressions of esteem for him are not mere professions. I really think him a great man ; and I would not think so, if I did not believe he was at bottom, and would prove himself a good one. Guard him against mistaken notions of the American people. You have deceived yourselves too long with vain expectations of reaping advantage from our little discon- tents. We are more thoroughly an enlightened people, with respect to our political interests, than perhaps any other under the heaven. Every man among us reads, and is so easy in his circumstances as to have leisure for con- versations of improvement, and for acquiring information. Our domestic misunderstandings, when we have them, are of small extent, though monstrously magnified by your microscopic newspapers. He who judges from them, that we are on the point of falling into anarchy, or return- ing to the obedience of Britain, is like one who being PART III. OF BENJAMIN FRANKLIN. 429 shown some spots in the sun, should fancy that the whole disk would soon be overspread with them, and that there would he an end of day-light. The great body of intelli- gence among our people, surrounds and overpowers our petty dissensions, as the sun's great mass of fire diminishes and destroys his spots. Do not therefore any longer delay the evacuation of New York, in the vain hope of a new revolution in your favour, if such a hope has indeed had any effect in occasioning that delay. It is now nine months since the evacuations were promised. You ex- pect with reason that the people of New York should do your merchants justice in the payment of their old debts ; consider the injustice you do them in keeping them so long out of their habitations and out of their business, by which they might have been enabled to make payment. There is no truth more clear to me than this, that the great interest of our two countries is, a thorough recon« ciliation. Restraints on the freedom of commerce and intercourse between us, can afford no advantage equiva- lent to the mischief they will do by keeping up ill humour and promoting a total alienation. Let you and I, my dear friend, do our best towards advancing and securing that reconciliation. We can do nothing that will in a dying hour afford us more solid satisfaction. I wish you a prosperous journey, and a happy sight of your friends. Present my best respects to your good bro- ther and sister, and believe me ever, with sincere and great esteem, yours most affectionately, B. Franklin. 430 PRIVATE CORRESPONDENCE PART III. (Enclosed in the foregoing.) To the Right Hon. C. J. Fox, Esg. Sir, Passy, Sept. 5, 1783. I received in its time the letter you did me the honour of writing to me by Mr. Hartley. And I cannot let him depart without expressing my satisfaction in his conduct towards us, and applauding the prudence of that choice which sent us a man possessed of such a spirit of conciliation, and of all that frankness, sincerity, and candour, which naturally produce confidence, and thereby facilitate the most difficult negociations. Our countries are now happily at peace, on which I congratu* late you most cordially ; and I beg you to be assured, that as long as I have any concern in public affairs, I shall readily and heartily concur with you, in promoting every measure that may tend to promote the common felicity. With great and sincere esteem and respect, I have the Honour to be, Sir, your most obedient and most humble servant, B. Franklin. ■ To D. Hartley, Esq. My deap. Friend, Passy, Sept. 7, 1783. Enclosed I send you an extract of a letter to me from the President of Congress, in which you will observe the moderate disposition of that body towards the loyalists, with the causes of aggravation in the people's resentments against them. I am always invariably, yours most sincerely, B. Franklin. PART III. OF BENJAMIN FRANKLIN. 431 (Enclosed in the foregoing.) Extract of a Letter from £. Boudinot, Esq. President of Congress, to B. Franklin, dated June 18, 1783. (Private.) " You will receive herewith a number of our newspapers, in which are inserted many resolves, asso- ciations, &c. from all parts of the country, which I earnestly wish had not been made ; but the truth is, that the cruelties, ravages, and barbarities of the refugees and loyalists, have left the people so sore that it is not yet time for them to exercise their good sense and cooler judgment ; and this cannot take place while the citizens of New York are kept out of their city, and despoiled daily of their pro- perty, by the sending off their negroes by hundreds in the face of the treaty. It has been exceedingly ill-judged in the British to retain New York so long, and to persist in sending away the negroes, as it has irritated the citizen* of America to an alarming degree. I am, &c." To David Hartley, Eso. Sir, Passy, Sept. 7, 1783. We have the honour of transmitting here- with enclosed, a resolution of Congress of the 1st May last, which we have just received. You will perceive fiom it that we may daily expect a commission in due form for the purposes mentioned in it, and we assure you of our readiness to enter upon the business whenever you may think proper. We have the honour to be, with great respect and esteem, Sir, your most obedient and humble servants, J. Adams. B. Franklin, J. Jay, 432 PRIVATE CORRESPONDENCE PART III. {Enclosed in the foregoing.) By the United States in Congress assembled. May 1, 1783. On the report of a committee to whom was referred a letter of Feb. 5, from the Hon. J. Adams ; Ordered, That a commission be prepared to Messrs. John Adams, Benjamin Franklin, and John Jay, autho- rising them, or either of them in the absence of the others, to enter into a treaty of commerce between the United States of America and Great Britain, subject to the re- visal of the contracting parties, previous to its final con- clusion : and in the mean time to enter into a commercial convention to continue in force one year. That the secretary for foreign affairs lay before con- gress without delay a plan of a treaty of commerce, and instructions relative to the same, to be transmitted to the said commissioners. Charles Thompson, Secretary. To his Excellency Elias Boudinot, Esq. President of Congress. (Extract.) Sir, Passy, Sept. 10, 1783. On the 3rd instant, definitive treaties of peace were concluded between all the late belligerent powers, except the Dutch, who the day before settled and signed preliminary articles of peace with Britain. We most sincerely and cordially congratulate congress and our country in general on this happy event, and we PART III. OF BENJAMIN FRANKLIN. 433 hope that the same kind Providence which has led us through a rigorous war to an honourable peace, will enable us to make a wise and moderate use of that inestimaole blessing. The definitive treaty being in the terms of the provi- sional articles, and not comprehending any of the objects of our subsequent negociations, it is proper that we give a summary account of them. When Mr. Hartley arrived here, he brought with him only a set of instructions signed by the King. We ob- jected to proceeding with him until he should have a commission in form. This occasioned some delay. A proper commission was however transmitted to him ; a copy of which was shortly after sent to Mr. Livingston. We having been instructed to obtain, if possible, an article for a direct trade to the West Indies, made to Mr. Hartley the proposition No. 1. (see page 360.) He approved of it greatly and recommended it to his court, but they declined assenting to it. Mr. Hartley then made us the proposition No. 2., (pp. 376. and 579.) but on being asked whether he was autho- rized to sign it, in case we agreed to it, he answered us in the negative. We therefore thought it improper to pro- ceed to the consideration of it, until after he should have obtained the consent of his court to it. We also desired to be informed whether his court would or would not comprehend Ireland in these stipulations with us. The British cabinet would not adopt Mr. Hartley's propositions, but their letters to him were calculated to inspire us with expectations, that as nothing but parti- cular local circumstances, which would probably not be of long duration, restrained them from preferring the most Vol. II. 2 E 434 PRIVATE CORRESPONDENCE PART lit. liberal system of commerce with us, the ministry would take the earliest opportunity of gratifying their own wishes as well as ours on that subject. Mr. Hartley then made us the proposition No. 3. (p. 383. et seq.) At this time we were informed that letters for us had arrived in France from Philadelphia. We expected to receive instructions in them, and told Mr. Hartley that this expectation induced us to postpone giving him an answer for a few days. * , t The vessel by which we expected these letters, it seems, had not brought any for us. But at that time informa- tion arrived from America, that our ports were all opened to British vessels. Mr. Hartley thereupon did not think himself at liberty to proceed until after he should commu- nicate that intelligence to his court, and receive their fur- ther instructions. Those further instructions never came, and thus our endeavours as to commercial regulations proved fruitless ; we had many conferences and received long memorials from Mr. Hartley on the subject, but his zeal for systems friendly to us constantly exceeded his authority to concert and agree to them. During the long interval of his expecting instructions, for his expectations were permitted to exist almost to the last, we proceeded to make and receive propositions for perfect- ing the definitive treaty. Details of all the amendments, alterations, objections, exceptions, &c. which occurred in the course of these discussions would be voluminous. We finally agreed that he should send to his court the project or draft of a treaty, No. 4. 1 He did so, but 1 Not inserted, PART III. OF BENJAMIN FRANKLIN. -435 after much time, and when pressed by France who in- sisted that we should all conclude together, he was instructed to sign a definitive treaty in the terms of the provisional articles. Whether the British court meant to avoid a definitive treaty with us, through a vain hope, from the exaggerated accounts of divisions among our people, and want of authority in congress, that some revolution might soon happen in their favour, or whether their dilatory conduct was caused by the strife of the two opposite and nearly equal parties in the cabinet, is hard to decide. Your Excellency will observe that the treaty was signed at Paris, and not at Versailles, Mr. Hartley's letter, No. 5. (p. 422.) and our answer, No. 6. (p. 422.) will explain this. His objections, and indeed our proceedings in general were communicated to the French minister, who was content that we should acquiesce, but desired that we would appoint the signing early in the morning, and give him an account of it at Versailles by express ; for that he would not proceed to sign on the part of France, till he was sure that our business was done. The day after the signature of the treaty, Mr. Hartley wrote us a congratulatory letter, No. 7. (p. 42j.) to which we returned the answer, No. 8. (p. 426.) He is gone to England, and expects soon to return : which for our parts we think uncertain. We have taken care to speak to him in strong terms on the subject of the evacuation of New York, and the other important sub- jects proper to be mentioned to him. We think we may rely on his doing every thing in his power to influence his court to do what they ought to do, but it does not appear that they have as yet formed any solid system for their conduct relative to the United States. We cannot but 456 PRIVATE CORRESPONDENCE PART ill. think that the late and present aspect of affairs in America, has had and continues to have an unfavourable influence, not only in Britain, but throughout Europe. In whatever light the article respecting the Tories may be viewed in America, it is considered in Europe as very humiliating to Britain, and therefore as being one which we ought in honour to perform and fulfil with the most scrupulous regard to good faith, and in a manner least offensive to the feeling of the King and Court of Great Britain, who upon that point are extremely tender. The unseasonable and unnecessary resolves of various towns on this subject, the actual expulsion of Tories from some places, and the avowed implacability of almost all who have published their sentiments about the matter, are circumstances which are construed not only to the preju- dice of our national magnanimity and good faith, but also to the prejudice of our governments. Popular committees are considered here as with us, in the light of substitutes to constitutional government, and as being only necessary in the interval between the re- moval of the former, and the establishment of the present. The constitutions of the different States have been translated and published, and pains have been taken to lead Europe to believe that the American States not only made their own laws, but obeyed them. But the conti- nuance of popular assemblies convened expressly to deli- berate on matters proper only for the cognizance of the different legislatures and officers of government, and their proceeding not only to ordain, but to enforce their resolu tions, has exceedingly lessened the dignity of the States in the eyes of these nations. To this we may also add the situation of the army, the PART III. OP BENJAMIN FRANKLIN. 437 reluctance of the people to pay taxes, and the circum- stances under which congress removed from Philadelphia, have diminished the admiration in which the people of America were held among the nations of Europe, and somewhat abated their ardour for forming connections with us, before our affairs acquire a greater degree of order and consistence. Permit us to observe, that, in our opinion, the recom- mendation of congress promised in the 5th article, should immediately be made in the terms of it and published, and that the States should be requested to take it into consideration as soon as the evacuation by the enemy shall be completed. It is also much to be wished that the legislatures may not involve all the Tories in banishment and ruin, but that such discriminations may be made as to entitle their decisions to the approbation of disinterested men, and dispassionate posterity. On the 7th inst. we received your Excellency's letter of the l6th June last, covering a resolution of congress of the 1st May, directing a commission to us for making a treaty of commerce, &c. with Great Britain. This intel- ligence arrived very opportunely to prevent the anti- American party in England, from ascribing any delays on our part to motives of resentment to that country. Great Britain will send a minister to congress, as soon as con- gress shall send a minister to Britain^ and we think much good might result from that measure. Much we think will depend on the success of our negociations with England. If she could be prevailed upon to agree to a liberal system of commerce, France, and perhaps some other nations will follow her example ; but if she should prefer an exclusive monopolizing plan, it 438 PRIVATE CORRESPONDENCE PART lit. is probable that her neighbours will continue to adhere to their favourite restrictions. Were it certain that the United States could be brought to act as a nation, and would jointly and fairly conduct their commerce on principles of exact reciprocity with all nations, we think it probable that Britain would make extensive concessions. But on the contrary, while the prospect of disunion in our councils, or want of power and energy in our executive departments exist, they will not be apprehensive of retaliation, and consequently lose their principal motive to liberality. Unless with regard to all foreign nations and transactions, we uniformly act as an entire united nation, faithfully executing and obey- ing the constitutional acts of congress on those subjects, we shall soon rind ourselves in the situation in which all Europe wishes to see us, viz. as unimportant consumers of her manufactures and productions, and as useful labourers to furnish her with raw materials. We beg leave to assure congress that we shall apply our best endeavours to execute this new commission to their satisfaction, and shall punctually obey such instruc- tions as they may be pleased to give us relative to it. Unless congress should have nominated a secretary to the commission, we shall consider ourselves at liberty to appoint one, and as we are well* satisfied with the conduct of Mr. Temple Franklin, the secretary to our late commission, we purpose to appoint him ; leaving to congress to make such compensation for his services as they may judge proper. With great respect, we have the honour to be, Sir, your Excellency's most obedient and humble servants, John Adams, B. Franklin, John Jay. ART III. OF BENJAMIN FRANKLIN. 43<) From David Hartley, Esq. M. P. to Dr. Franklin. My dear Friend, Bath, Sept. 24 , 1783. I am at present at Bath with my dearest sister, whom I have found as well as I could have ex- pected, and I hope with reasonable prospect of recovery in time. I have seen my friends in the ministry, and hope things will go well ; with them I am sure all is right and firm. The chief part of the cabinet ministers are out of town, but there will be a full cabinet held in a few days, in which a specific proposition in the nature of a tempo- rary convention will be given in instructions to me. I imagine, nearly upon the ground of my memorial of May 21, 1783, uhich I delivered to the American ministers ; x viz. u American ships not to bring foreign manufactures into Great Britain, nor to trade directly between the British West Indies and Great Britain," all the rest to be as before the war I expect that something to this effect will be their determination, in the offer, and if it should be so, I shall hope not to meet with difficulty on your parts. I want to see some specific beginning. As to any further proposition respecting the trade between Great Britain and the British West Indies, 1 doubt whether any such can be discussed before the meeting of parliament. I wish to look forward not only to the continuation of peace between our two countries, but to the improvement of reconciliation into alliance ; and therefore I wish the two parties to be disposed to accommodate each other, without the strict account by weights and scales as be- tween aliens and strangers, actuated towards each other 1 See pages 376 and 379. 440 PRIVATE CORRESPONDENCE PART 111. by no other principle than cold and equalizing indifference. Friendly dispositions presumed have their fairest chance of being realized, but if we should set out presuming against them, the good which might have happened may be prevented. Pray remember me to your three col- leagues, and to all friends. Yours ever most affec- tionately, D. Hartley. P. S. I have put in a word for our Quaker article, 1 and I hope with some impression. David Hartley, Esq. M.P. to Dr. Franklin. Bath, October 4, 1783. 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 con- cerns. I have not heard any thing 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 co- partnership in commerce. I send you a purposed tempo- rary convention, which I have drawn up. You are to consider it only as one I recommend. The words under- lined are grafted upon the proposition of my memorial, dated May £1, 1783. You will see the principle which I have in my thoughts to extend for the purpose of restoring our ancient co-partnership generally. I cannot tell you w hat event things may take, but my thoughts are always employed in endeavouring to arrange that system upon which the China Vase, lately shattered, may be cemented together, upon principles of compact and connection, in- 1 To prohibit privateering, see page 332. PART III. OF BENJAMIN FRANKLIN. 441 stead of dependence. I have met with a sentiment in this country which gives some alarm, viz. lest the unity of go- vernment in America should be uncertain, and the States reject the authority of Congress. Some passages in Ge- neral Washington's letter have given weight to these doubts. 1 don't 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 ex- tinguished. 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 re-connected with the American States unitedly. I should for one, think it the greatest misfor- tune. 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 disap- pointments, by endeavouring to excite general distrust, discord, and dis-union. 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. 1 hope the latter part is true, and that we shall all survive to set our hands to some future compacts of common in- terest, and common affection, between our two countries. Your ever affectionate, D. Hartley. 442 PRIVATE CORRESPONDENCE PART III. To David Hartley, Esq. My dear Friend, Passy, Oct. 16, 1783. I have nothing material to write to you respecting public affairs, but I cannot let Mr. Adams, who will see you, go without a line to enquire after your welfare, to inform you of mine, and assure you of my constant respect and attachment. I think with you that our Quaker article is a good one, and that men will in time have sense enough to adopt it, but I fear that time is not yet come. What would you think of a proposition if I should make it, of a family compact between England, France, and America ? America would be as happy as the Sabine girls, if she could be the means of uniting in perpetual peace her father and her husband. What repeated follies are those repeated wars ? You do not want to conquer and govern one another. Why then should you be con- tinually employed in injuring and destroying one another ? How many excellent things might have been done to pro- mote the internal welfare of each country ; what bridges, roads, canals, and other useful public works and institu- tions tending to the common felicity, might have been made and established, with the money and men foolishly spent during the last seven centuries by our mad wars in doing one another mischief ? You are near neighbours, and each have very respectable qualities. Learn to be quiet and to respect each other's rights. You are all Christians. One is the most Christian king, and the other defender of the faith. Manifest the propriety of these titles by your future conduct. " By this" said Christ, " shall all men know that ye are my disciples, if ye love PART III. OF BENJAMIN FRANKLIN. 443 one another. Seek peace, and ensure it." Adieu, yours, &c. B. Franklin. To David Hartley, Esq. Passy, Oct. 22, 1783. I received my dear friend's kind letter of the 4th instant from Bath, with your proposed temporary convention, which you desire me to show to my col- leagues. They are both by this time in London, where you will undoubtedly see and converse with them on the subject. The apprehension you mention that the cement of the confederation may be annihilated, &c. has not I think any foundation. There is sense enough in America to take care of their own china vase. I see much in your papers about our divisions and distractions, but I hear little of them from America ; and 1 know that most of the letters said to come from there with such accounts are mere London fictions. I will consider attentively the proposition above mentioned against the return of my col- leagues, when I hope our commission will be arrived. I rejoice to hear that your dear sister's recovery advances, and that your brother is well : please to present my affec- tionate respects to them, and believe me ever, yours, &c. v B. Franklin. Extract of a Letter to the Hon. Robert Morris. (Swperijitendant of Finances, United States.) Passy, Bee. 25, 1783. " The remissness of our people in paying taxes is highly blameable, the unwillingness to pay them is 444 PRIVATE CORRESPONDENCE PART III. still more so. I see in some resolutions of town meetings, a remonstrance against giving congress a power to take, as they call it, the people's mojiey^ out of their pockets, though only to pay the interest and principal of debts duly contracted. They seem to mistake the point. Money justly due from the people is their creditor's money, and no longer the money of the people, who, if they withhold it, should be compelled to pay by some law. All pro- perty, indeed, except the savage's temporary cabin, his bow, his matchuat, and other little acquisitions absolutely necessary for his subsistence, seems to me to be the crea- ture of public convention. Hence the public has the right of regulating descents, and all other conveyances of property, and even of limiting the quantity and the uses of it. All the property that is necessary to a man for the conservation of the individual and the propagation of the species, is his natural right, which none can justly deprive him of ; but all property superfluous to such purposes is the property of the public, who by their laws have created it, and who may therefore by other laws dispose of it whenever the welfare of the public shall desire such dis- position. He that does not like civil society on these terms, let him retire and live among savages. He can have no right to the benefits of society who will not pay his club towards the support of it. The Marquis de la Fayette, who loves to be employed in our affairs, and is often very useful, ha* lately had several conversations with the ministers and persons con- cerned in forming new regulations respecting the com- merce between our two countries, which are not yet con- cluded. I thought it therefore well to communicate to him a copy of your letter which contains so many sensible PART III. OF BENJAMIN FRANKLIN. and just observations on that subject. He will make a proper use of them, and perhaps they may have more weight as appearing to come from a Frenchman, than they would have if it were known that they were the observa- tions of an American. I perfectly agree with you in all the sentiments you have expressed on this occasion. I am sorry for the public's sake that you are about to quit your office, but on personal considerations I shall congratulate you. For I cannot conceive of a more happy man, than he who having been long loaded with public cares, finds himself relieved from them, and enjoying pri- vate repose in the bosom of his friends and family. With sincere regard and attachment, I am ever, dear Sir, yours, &c. B. Franklin." Extract of a Letter to his Excellency Thomas Miflin, Esq., President of Congress. Passy, Dec. 25, 1783. (t It was certainly disagreeable to the English ministers, that all their treaties for peace were carried on under the eye of the French court. This be- gan to appear towards the conclusion, when Mr. Hartley refused going to Versailles to sign there with the other powers, our definitive treaty ; and insisted on its being done at Paris ; which we in good humour complied with, but at an earlier hour, that we might have time to acquaint le Comte de Vergennes before he was to sign with the Duke of Manchester. The Dutch definitive was not then ready, and the British court now insisted on finishing it either at London or the Hague. If heretofore the com- 446 PRIVATE CORRESPONDENCE PART IIT. mission to us, which has been so long delayed, is still intended, perhaps it will be well to instruct us to treat either here or at London, as we may find most convenient. The treaty may be conducted even there in concert and in the confidence of communication with the ministers of our friends, whose advice may be of use to us. With respect to the British court, we should I think be constantly upon our guard, and impress strongly upon our minds, that though it has made peace with us, it is not in truth reconciled to us, or to its loss of us ; but still flatters itself with hopes that some change of the affairs of Europe, or some disunion among ourselves may afford them an op- portunity of recovering their dominion, punishing those who have most offended., and securing our future depen- dence. It is easy to see by the general turn of the minis- terial newspapers ; (light things indeed as straws and fea- thers, but like them they show which way the wind blows) and by the malignant improvement their ministers make in all foreign courts, of every little accident at Philadelphia, the resolves of some town meetings, the reluctance to pay taxes, &c. &c all which are exaggerated to represent our governments as so many anarchies, of which the people themselves are weary, the Congress as having lost its in- fluence, being no longer respected : I say it is easy to see from this conduct, that they bear us no good will, and that they wish the reality of what they are pleased to imagine. They have too a numerous royal progeny to provide for, some of whom are educated in the military line. In these circumstances we cannot be too careful to preserve th« friendship we have acquired abroad, and the union we have established at home, to secure our credit by a punc- 1»ART III. OF BENJAMIN FRANKLIN. 447 tual discharge of our obligations of every kind, and our re- putation by the wisdom of our councils ; since v we know not how soon we may have fresh occasion for friends, for credit, and for reputation. The extravagant misrepresentations of our political state in foreign countries, made it appear necessary to give them better information, which I thought could not be more effectually and authentically done than by publishing a translation into French, now the most general language in Europe, of the book of constitutions which had been printed by order of congress. This I accordingly got well done, and presented two copies handsomely bound to every foreign minister here, one for himself, the other more ele- gant, for his sovereign. It has been well taken, and has afforded a matter of surprize to many who had conceived mean ideas of the state of civilization in America, and could not have expected so much political knowledge and sagacity had existed in our wilderness : and from all parts I have the. satisfaction to hear that our constitutions iu ge- neral are much admired. I am persuaded that this step will not only tend to promote the emigration to our coun- try of substantial people from all parts of Europe, but the numerous copies 1 shall disperse, will facilitate our future treaties with foreign courts, who could not before know what kind of government and people they had to treat with : as in doing this, I have endeavoured to further the appa- rent view s of Congress in the first publication, I hope it may be approved, and the expence allowed. I send here- with one of the copies. Yours, &c. B. Franklin." 448 PRIVATE CORRESPONDENCE PART It!, To Charles Thomson, Esq., Secretary of Congress. Dear Sir, Passy, May 13, 1784. Yesterday evening Mr. Hartley met with Mr. Jay and myself, when the ratifications of the de- finitive treaty were exchanged. I send a copy of the Eng- lish ratification to the president. Thus the great and ha- zardous enterprize we have been engaged in, is, God be praised, happily completed : an event I hardly expected I should live to see. A few years of peace, well improved, will restore and increase our strength : but our future safety will depend on our union and our virtue. Britain will be long watching for advantages, to recover what she has lost. If we do not convince the world that we are a na- tion to be depended on for fidelity in treaties ; if we ap- pear negligent in paying our' debts, and ungrateful to those who have served and befriended us ; our reputation, and all the strength it is capable of procuring, will be lost, and fresh attacks upon us will be encouraged and promoted by better prospects of success. Let us therefore beware of being lulled into a dangerous security ; and of being both enervated and impoverished by luxury : of being weakened by internal contentions and divisions ; of being shame- fully extravagant in contracting private debts, while we are backward in discharging honourably those of the public ; of neglect in military exercises and discipline, and in pro- viding stores of arms and munition of war, to be ready on occasion : for all these are circumstances that give confi- dence to enemies, and diffidence to friends ; and the ex- penses required to prevent a war, are much lighter than PART III. OF BENJAMIN FRANKLIN. 449 those that will, if not prevented, be absolutely necessary to maintain it. 1 am long kept in suspense without being able to learn the purpose of Congress respecting my request of recall, and that of some employment for my Secretary W. Tem- ple Franklin. If I am kept here another winter and as much weakened by it as by the last, I may as well resolve to spend the remainder of my days here ; for I shall hardly be able to bear the fatigues of the voyage in returning. During mv long ajbsence from America, my friends are continually diminishing by death, and my inducements to return lessened in proportion. But I can make no pre- parations either for going conveniently, or staying comfort- ably here, nor take any steps towards making some other provision for my grandson, till I know what I am to ex- pect. Be so good, my dear friend, to send me a little private information. With great esteem, I am ever yours, &c. Ji. Franklin. David Hartley, Esq. to Dr. Franklin. Sir, Paris, June 1, 1784. I have the honour to inform you, that I have transmitted to London the ratification on the part of Cougress of the definitive treaty of peace between Great Britain and the United States of America, and I am order- ed to represent to you, 1 that a want of form appears in the 1 Copy of a Letter from Lord Carmarthen to D. Hartley, Esq. Sir, St. James' t, May 28, 1784. I received this morning by Lauzun, your dispatch No. 5, and the private letter of the 24th instant, together with the Vol. ii. 2 F 450 PRIVATE CORRESPONDENCE PART III. first paragraph of that instrument, wherein the United States are mentioned before his Majesty, contrary to the established custom in every treaty in which a crowned bead and a republic are parties. It is likewise to be ob- served, that the term " definitive articles" is used instead of definitive treaty ; and the conclusion appears likewise de- ficient, as it is neither signed by the President, nor is it dated, and consequently is wanting in some of the most i, i ■*& ratification of the treaty between Great Britain and the United States of America; and I own it was with the greatest surprize that I perceived so essential a want of form as appears in the very first paragraph of that instrument, wherein the United States are mentioned before his Majesty, contrary to the established custom observed in every treaty in which a crowned head and a republic are contracting parties. The conclusion likewise appears extremely deficient, as it is nei- ther signed by the President nor is it dated, and consequently is wanting in some of the most essential points of form necessary to- wards authenticating the validity of the instrument. I should think the American ministers could make no objec- tion to correcting these defects in the ratification, which might very easily be done, either by signing a declaration in the name of Congress for preventing the particular mode of expression, so far as relates to precedency, in the first paragraph, being considered as a precedent, to be adopted on any future occasion, or else by having a new copy made out in America, in which these mistakes should be corrected, and which might be done without any preju- dice arising to either of the parties from the delay. I am, with great truth and regard, Sir, your most obedient humble servant, Carmarthen. P. S. I send you enclosed a copy of the ratification-«-part of the treaty, which it is also to be observed were previously described as " definitive articles." PART Mr. OF BENJAMIN FRANKLIN. 451 essential points of form necessary towards authenticating the validity of the instrument. ' I am ordered to propose to you, Sir, that these defects in the ratification should be corrected, which might very easily be done either by signing a declaration in the name of Congress for preventing the particular mode of expres- sion so far as relates to precedency in the first paragraph being considered as a precedent to be adopted on any fu- ture occasion ; or else by having a new copy made out in America in which these mistakes should be corrected, aud which might be done without any prejudice arising to either of the parties from the delay. I am, Sir, with great respect and consideration, your most obedient humble servant, D. Hartley. To His Excellency B. Franklin, Esq. To His Excellency David Hartley, Esq. Sir, Pansy, June £, 1784. I have considered the observations you did me the honour of communicating to me concerning certain inaccuracies of expression and supposed defects of formality in the instrument of ratification ; some of which are said to he of sucn a nature as to affect " the validity of the instrument/' The first is, " that the United States are named before his Majesty, contrary to the established custom observed in every treaty in which a crowned head and a republic are the contracting parties." With re- spect to this it seems to me that we should distinguish be- tween the act in which both join, to wit, the treaty, and that which is the act of each separately, the ratification. It is necessary that all the modes of expression in the joint I 4*32 PRIVATE CORRESPONDENCE PART 111. act, should be agreed to by both parties ; though on their separate acts, each party is master of, and alone account- able for, its own mode. If the ministers of the United States had insisted, or even proposed naming in the treaty the States before the king, it might have been deemed in- .07 © jurious to his dignity, as requiring him to acknowledge by that joint act their superiority. But this was not the case ; on inspecting the treaty it will be found that his Majesty is always regularly named before the United States. How it happened that the same order was not observed in the ratification I am not informed. Our secretaries are new in this kind of business, which methinks should be favour- ably considered if they chance to make mistakes. They may have been led by some precedent ; or being republi- cans, and of course preferring that kind of government as in their opinions more excellent than monarchy, they may naturally have thought it right, when the two kinds were to be named in their own instrument, to give their own kind the precedence ; an effect of that sort of complaisance which almost every nation seems to have for itself, and of which the English too afford an instance, when in the title of the King they always name Great Britain before France. The Congress however adopted the form presented to them, and it is thus become an act of theirs ; but the King having no part in it, if it is improper, it reflects only upon those who committed the impropriety, and can no way affect his Majesty. Whatever may have occasioned this transposition, I am confident no disrespect to the King was intended in it by the Congress. They as little thought of affronting his Majesty by naming the States be- fore him, as your ministers did of affronting the Supreme Being, when in the corresponding first paragraph of their PART III. OF BENJAMIN FRANKLIN. 453 ratification they named the King before the Deity. There cannot be a clearer proof of this than what is to be found in the ratification itself. In the treaty the King, as I said before, is always first named. Thus the established cus- tom in treaties between u crowned heads and republics " contended for on your part was strictly observed ; and the ratification following the treaty contains these words : " Now know ye, that We the United States in Congress assembled, having seen and considered the definitive arti- cles, have approved, ratified, and confirmed, and by these presents do approve, ratify, and confirm the said articles, AND EVERY PART AND CLAUSE THEREOF, &C." Thus all those articles, parts, and clauses, wherein the King is named before the United States, are approved, ra- tified and confirmed ; and this solemnly under the signa- ture of the President of Congress, with the public seal affixed by their order, and countersigned by their Secre- tary. No declaration on the subject, more determinate or more authentic, can possibly be made or given, which when considered, may probably induce his Majesty's mi- nister to wave the proposition of our signing a similar RoCHE*ORD, POUR EM* Lecher la Guerre. [Anecdote Historique.'] (Not to diminish from the Originality of this Document, neither the Phraseology, Grammar, or Orthography, have been cor- rected.) Confederation Avant que la France se fat declare pour gtnera e. TAmenque, Lord Rocheford, autrefois Ambas- sadeur en Espagne et en France, formoit un Projet pour empecher la guerre. C'6toit que l'Angleterre proposeroit un grand trait6 de confederation entre la France, TEspagne, le Portugal et l'Angleterre, qui devoit avoir TroisObjets trois objets. Le premier, une garantie mu- ti 7 f ientdt apres, Lord Rocheford quittoit Je ministere, se retiroit a la Campagne, et par cet accident le projet n'etoit pas presente au cabinet du Roy. J'ai donne la relation de cette anecdote, parceque je suis un des quatre ou cinq per- tonnes qui seules en connoissent la verite ; et parce que je pense qu'il n'est pas encore trop tard pour faire revivre un projet qui sauvera un million de Chretiens d'etre faits veuves et Or- phelins. Quant au premier objet d'une telle Observations confederation, Lord Rocheford pensoit que H^bjaSeU^ confederation. 464 PRIVATE CORRESPONDENCE PART llf. proposition seroit acceptee par toutes les puissances, parceque c'Stoit l'interet de toutes de l'accepter. Les pertes de la France dans les deux Indes dans la derniere guerre, et leurs pertes dans les Indes Orientales dans la derniere guerre, et ses pertes dans les Indes Orientales de la guerre d'a present, ou ils ont perdu en six semaines tout ce qu'ils y avoient; les pertes des Es- pagnols dans la guerre derniere dans les deux Indes, et m6me le coup donne l'autre jour dans la baye de Hunduras par un jeune Capi- taine avec une poignee de sol- dats, la facility avec la quelle le Portugal per- dit Tisle de Ste. Catherine dans le Brezil ; et le malheur des amies Angloises dans l'Ame- rique depuis trois ans, tout prouve, que la France, l'Espagne, le Portugal et FA ngleterre ont leurs parties tendres dans l'Amerique et dans les deux Indes, et par consequent qu'ils ont tous un int6r£t dans une mutuelle garantie de leurs possessions dans ces trois parties du Considerations Monde. Quant au second objet de la Confe- objet de la deration : je suis sensible que i idee de donnei Confidirathn. une participation du commerce de rAm6rique aux autres trois nations sous la limitation que cela ne soit pas incompatible avec les interets communs de l'Am6rique Angloise et de TAn- gleterre, est une id6e un peu vague, et sujette aux disputes, mais heureusement pour l'huma- nit6 il y a cinq personnes dans ces cinq pays, d'un caractere singulier, et qui les rend pro- PART III. OF BENJAMIN FRANKLIN. 46.5 pres k faire la-dessus des reglements precis, et sujets a nulles disputes, qui enrichiront la France, l'Espagne et le Portugal sans appauv- rir PAngleterre et ses Colonies. Pour PAme- rique, il y a le Docteur Franklin, peut §tre le premier genie de Page present et qui connoit bien les liaisons entre PAmerique et PAngle- terre. Pour la France, il y a le Contrdlenr- GeneVal, 1 qui a et6 61ev6 des sa jeunesse dans la pratique du commerce. Pour l'Espagne, il y a Monsieur Campomanes, qui a employe la maturite de son age en des etudes qui lui don- nent une superiority en de telles discussions. Pour le Portugal, elle aura Paide des conseils du Due de Braganza qui a cueilli les connois- sances dans presquetous les Camps, les Cours, les Bibliotheques, et m&me les places des marchands d'Europe : et pour PAngleterre, elle a un Ministre qui connoissant les vrais interets du commerce an fond ne refusera pas & PAmerique ce qu'il vient de donner A Plr- lande. Quant au troisi^me objet de la confe- Observations SU7* Ie tTOZSl€772C deration, PAngleterre qui se vante tant de s&objetdela propre Magna CHAitTAaccorderaavec faci- Cmf^dera-^ tion. lite une Magna Charta aux libertes de PAmerique. Peut fctre, le meilleur moyen d'abrevier cet article seroit de donner carte blanche au Dr. Franklin. Une confiance g6- nereuse est le moyen le plus sur de s'assurer dun homme g6nereux. L'Espagne a deux • '■ M. Necker. Vol. ii. 2 G 466 PRIVATE CORRESPONDENCE PART 111* Premier inti- interets tres solides dans le succes d'une telle vaf!neda7is une cou fed & ration, et contre Pindependance de telle Confide- PAmerique Angloise. Le premier est que, si PAmerique Angloise devenoit independante, PAm6rique Espagnole et ses isles seroient abi- mees par la contrebande des Americains inde- pendants d'Angleterre. 1. L'Angleterre est iiee par les traites avec PEspagne a ne faire la contrebande. 2. Elle est liee par la peur que cette contrebande ne tirera une guerre sur elle dans PEurope, ce qui fut Peffet dans le terns du Chevalier Robert Walpole. 3. La cherte des commodites de PAngleterre et de PEurope met des limitations naturelles & la quantite de contrebande. Mais si les Americans etoient Independants, ils diroient qu'ils n'6toient li6s par les traites des Anglois. <2. Els ne seroient lies par la peur, parce qu'ils sont loin de PEspagne ; et s'etant defendu contre quatre-vingt-dix mille soldats et marins Anglois, ils se moqueroient des forces de PEspagne ; et 3. Le bas prit des commodites Americaines couvrira les Co- lonies Espagnoles de contrebande. II y a mime une cause n6cessaire pour forcer les Americains, ou de faire la contrebande on de faire la guerre sur PAmerique Espagnole et Portugaise et leurs lies ; ils n'ont ni or, ni ar- gent chez eux, mais ils ne peuvent cultiver leurs terres, ui faire leur commerce sans ces metaux precieux. Ils n'auroient que quatre sources dont ils pourroient les tirer. Le pre- PART III. OF BENJAMIN FRANKLIN. 4f>7 raier est le commerce avec l'Europe ; le se- cond, pensions de France et d'Espagne ; le troisieme, la contrebande avec les Provinces d'Espagne et de Portugal dans le nouveau Monde ; et le quatri^me, la guerre dans ces provinces. Autant que les Americains conti- nuent dans un etat que les Anglois appelant une Rebellion, leur commerce avec l'Euroue sera interrompu par les Corsaires Anglois ; ainsi ils ne tireront que tr£s peu de metaux precieux de cette premiere source. Les pensions de la France et de l'Espagne lie seroient . qu'une bagatelle pour soutenir ^agriculture et les manufactures d'un si vaste pays. J Is n'auroient done aucune ressource pour les metaux precieux, que dans la contre- bande ou les guerres avec les provinces Espag- noles et Portugaises. Pour empecher cette contrebande, les traites de confederation pour- roient faire des provisions contre la contre- bande et des Anglois et des Americains. C'est un point delicat pour un Anglois k suggerer les movens ; mais si les deux nations vouloient Secon d inUrtt sinceienient la paix, je pourrois dans un 4 uarU ^, s °f /f d'heure suggerer des nioyens infaillibles. II y Conjecliration. a un autre interet que l'Espagne a centre l"iii- dependance des x\inericains et par consequent pour le traite de confederation qui est peut- etre encore plus grand. Les Americains ne pourroient voler avec leurs voiles partout, fe- roient des etablissements dans la .Nouvelle Zelande, les Isles d'Otahiti, ou quelques au- tres Isles dans la Mer du Sud ; et meme les 468 PRIVATE CORRESPONDENCE PART III. Anglois, les Frangois, les Portugais, et les Hollandois dans les mers des Indes Orientales, etant independants, nul trait£ ne les empechera de faire de tels etablissements : ils pourroient les faire selon les droits des gens. Le Capitaine Cook dit dans son dernier voyage imprime, qu'il y a 47,000 gens de mer dans les seules Isles d'Otahiti, et le Capitaine Wallis qui faisoit la decouverte de ces Isles, m'a dit a Lis- bonne, il y a quelques jours, que les habitans d'Otahiti montoient au haut ties mats Anglois et couvroient par les morceaux du bois crois- sant les mats auxquels les voiles sont attachees, aussi bien,en trois jours, que les marins Anglois ; et il me donnoit deux raisons pour cela. La premiere etoit que, vivant de poisson, tous les habitans sont gens de mer, et le second, que les peuples qui ne portent que des souliers sont toujours plus propres pour monter les parties sup6rieures des vaisseaux. Le Capi- taine Cook aussi, dans son voyage imprime, donne une description dans la Nouvelle Z6- lande d'une poste pour une flotte et une ville qui pouvoit en quelques semaines 6tre faite imprenable : et on n'a qu'a regarder la forme des Isles de la Mer du Sud dans les estampes qui en ont 6te faites, pour se satisfaire que ces Isles sont pleines de postes imprenables. Je me montre aussi bon ami a l'Espagne, a la France, au Portugal, et & la Hollande qu' d TAngle- terre, quand je developpe l'id6e suivante, qui a peut-etre Schappe aux autres. Autrefois on ne pouvoit aller avec suret6 aux Mers du Sud, TART III. OF BENJAMIN FRANKLIN. 469 que dans le mois de D6cembre et de Janvier, et par les terribles latitudes autour du Cap Horn : mais les decouvertes du Capitaine Cook et des autres Anglois ont nouvellementdemontrequ'on y peut aller par le Cap-de-Bonne-Esperance, dans tous les mois, par les belles latitudes du Cap-de-Bon ne-Esp6rance et de la Nouvelle Zelande, et dans presque le meme espace de tems, Tun etant un voyage de quatre mois et l'autre de cinq, parce que le meme vent d'ou- est qui souffle presque toute Pannee dans les autres latitudes et qui retarde les vaisseaux en passant par le Cap Horn, les porte avec rapi- dity par le Cap-de-Bonne-Esp6rance et la Nouvelle Zelande ; de-Id il suit, que quand les Amencains querelleront avec les Espagnols peut etre sur le chapitre de contrebande, ils enverront leurs vaisseaux sur les c6tes de Chili de leurs 6tablissements et dans les Mers du Sud par les latitudes de la Nouvelle Zelande, et par les vents d'ouest qui soufflent toujours dans ces latitudes, ce qui n'est qu'un voyage de cinq Semaines. Car le Capitaine Cook dans un voyage, et le Capitaine Fourneaux dans un autre, alloient de la Nouvelle Zelande au Cap Horn en moins de tems, et le jour- nal des vents annex6 au voyage du Capitaine Cook, montre que les vents d'ouest dans ces latitudes sont au vent d'est dans la proportion de dix k un. Quand leurs vaisseaux seront sur les c6tes du Chili, ils prendront avantage du vent de terre qui souffle eterneiiement du 470 PRIVATE CORRESPONDENCE PART III, Sud, au Nord pour les porter a suivre les c6tes du Chili et du P6rou. Le vent les portera dans quatorze jours jusqu'a la Baye de Pa- nama, et dans le cours de ce voyage ils ravage- ront les cotes et feront prises de Vaisseaux partout. La force navale de l'Espagne & Lima ne pourra pas les empecher, parce que le m£me vent du Sud qui poussera les Americains en avant, rendra les flottes d'Espagne incapa- bles d'aller & leur rencontre. De la Baye de Panama ils retourneront par le grand vent des Tropiques de Test & 1'ouest, qui ne change jamais, et a leurs 6tablissements dans les Mers du Sud, ou a vendre leurs prises dans les Mers de la Chine ou de l'lnde ; d'ou ils retourneront encore peut-6tre avec de nouveaux Vaisseaux et de nouveaux Equipages des hommes, faire la repetition de leurs ravages. Leurs retours seront encore par la Nouvelle Zelande, venant des Indes ou par la latitude de 40 Nord, venant de la Chine, et dans ce dernier cas ils tombe<- ront sur le Mexique et prenant avantage des vents de terre qui soufflent toujours du Nord jusqu'a la Baye de Panama, ils ravageront le Mexique comme auparavant ils avoient ravage le Chili et P6rou. De la Baye de Panama, ils retourneront par le grand vent du Tropique, ou chez eux dans les Mers du Sud, ou aux Mers de TAsie & re- nouveller une guerre insultante, tourmentante et sans remede. De Tautre c6te, quand ils sont en guerre avec TAngleterre, la France, le PART III. OF BENJAMIN FRANKLIN. 471 Portugal, ou la Hollande, ils toumeront en arrive de leurs £tablissements dans les Mers du Sud sur les Indes Orientales de 1' Angle- terre, la France, le Portugal ou la Hollande, Ils auront deux grandes routes a aller et & re- tourner ; l'une a l'ouest de la Nouvelle Hol- lande et l'autre par les Isles entre la Chine et la Nouvelle Hollande : et dans cette derniere route, ils auront . autant de routes qu'il y a d'Isles, d'ou il suit qu'il sera presqu'impos- sible a attrapper leurs vaisseaux, ou en allant, ou en reveuant. Toutes ces consequences pourroient &tre emp£ch6es dans le traite de confederation que I^ord Rocheford proposoit ; dans ce traite ou pourroit stipuler que ces Isles appartiendront pour toujours a leurs anciens habitans ; car assurement la nation qui la premiere en prendra possession commandera le commerce des Mers du Sud et des Mers d'Asie. L'Europe voulant faire les Ame- ricains independants, est dans la situation d'un homme qui dort sur la glace et n'est pas sen^ sible que la glace se degele, et pour cette raison, pour donner plus de poids a la conside- ration, on pourroit inviter la Hollande et le Danemark qui ont des interets dans tous les deux nouveaux mondes, d'etre parties contrac- tantes a ces articles du traite, qui regardent la TraitU garantiemutuelle. La raison pourquoi les traites se P ares ' sont rompus si souvent est qu'ils ne font pas provision pour les interets rSciproques pour 472 PRIVATE CORRESPONDENCE PART III. Tavenir des nations contractantes. Les seuls que je connoisse qui font attention a cet objet sont les traites entre le Portugal et l'Angle- terre, par lesquels le Portugal gagne une preference pour la vente de sesvins en Angle- terre et l'Angleterre gagne une preference pour la vente de ses draps en Portugal : la con- sequence est qu'il n'y a jamais eu, et, en appa- rence, il n'y aura jamais une guerre entre le Portugal et l'Angleterre. II ne seroit pas dif- ficile, ou dans la meme consideration generate, ou par les traites separes de commerce entre l'Angleterre d'un cote, et les trois royaumes, 1'Espagne, le Portugal et la France respective- ment des autres cotes, de servir infiniment les interets de commerce de tous les trois dans leurs liaisons avec l'Angleterre. Comme 1'Espagne a les vins, l'huile, les fruits, le sel, les laines fines et quelques autres articles que l'Angleterre n'a pas, et comme l'Angleterre a le fer et le Charbon dans les memes champs pour ses manufactures de fer, qu'elle a par I'humidite de son climat la laine longue pour les draps d'un prix bas, qu'elle a l'etain, le poisson, et quelques autres articles que l'Es- pagne n'a pas, la consequence est que, quand l'Angleterre est riche, elle achetera plus des articles de 1'Espagne, et quand 1'Espagne est riche elle achetera plus des articles d'Angle- terre, et par consequent que c'est impossible pour l'un a s'enrichir sans enrichir l'autre. Le PART III. OF BENJAMIN FRANKLIN. 473 meme raisonnement s'applique aux liaisons na- turelles entre PAngleterre et le Portugal. II y a m&me une liaison naturelle entre PAngle- terre et la France sur beaucoup d'articles de commerce, si la jalousie des foux et des gens mal instruits ne l'interrompoit perp6tuelle- ment. Je l'entendu d'une main sure, que si PAbbe Terray avoit continue dans le minis- tere de la France, il y auroit en un tarif entre la France et PAngleterre, pour Pentr6e, sur des conditions plus favorables, des vins et des ar- ticles des modes d'une nation, et les manufac- tures de fer et des bleds de Pautre ; et PAngle- terre pourroit avoir procure le consentement du Portugal pour la diminution de son commerce de vins avec PAngleterre, par d'autres d6dom- magemens. L'Angleterre, en faveur de la France, PEspagne et le Portugal pouvoit meme permettre Pexportation de ses laines payant un droit a Pexportation, sans se nuire. ^exportation de superfluity de laine feroit du bien aux proprieraires des terres en Angle- terre, au Roy en lui donnant une nouvelle taxe et a ses trois nations etrangeres en leur don- nant un article necessaire pour leurs manufac- tures. Malheur pour PhumanitS ! L'Abbe Ter- ray n'est plus : mais bonheur pour Phumanite, le Docteur Franklin, le Controleur-General de la France, Mr. Campomanes, le Due de 474 PRIVATE CORRESPONDENCE PART III. Braganza, et le Lord North sont tous encore en vie. C'est le Roy d'Espagne et le Ccmte de Florida Blanca qui peuvent mettre tons les cinq en mouvement. Pour moi je n'ai nulle autoiite des ministres Anglois & presenter ce projet, mais vivant en amitie avec la plupart d'eux et avec les amis des autres, je suis sur qu'il y a des sentiments dans ce memoire qui sont les lenrs. J'avoue que je regu une lettre en Portugal, quatorze jours avant que je partisse pour i'Espagne, de Milord Rocheford, qui n'est pas a cette heure dans le ministere, mais qui entete d'un projet qui lui fait tant d'honneur, me conseilloit de t^ter le poux sur la possibilite de le faire reussir : Et que j'ai une lettre sur le m&me sujet, du Due de Braganza qui entroit dans les vues de projet de Milord Rocheford, non pas en politique, mais en ami de Fhumaniti. Encourage par de tels homines et encore plus par mon propre cceur, j'ecris d un des ministres du Roy d'Angleterre que si je ne trouvois pas les esprits trop echauffes et si je ne trouvois pas que je ne donnois pas offense, j'avois intention de faire justice au projet de Milord Rocheford et en Espagne et en France, et je le prie de ra'envoyer une reponse & Paris, si le ministere d'Angleterre approuvoit ou desr approuyoit ce que j'allois faire. Je n'ai qu'& ajouter que mes vues 6tant a unir et non 3 PART III. OF BENJAMIN FRANKLIN. 475 sSparer les nations, je n'ai nulle objection que les ministres de la France et le Docteur Franklin ayent chacun un exemplaire de ce mSraoire, A true Copy from the Original, Attest. William Carmichael, Secretary of the American Legation at Madrid. liND OF PRIVATE CORRESPONDENCE. ■1 f LOAN DEPT. • j „« the last date stamped below, or Renewed books ate sub^ecttoj , i \# 'LUUbtLldtiUJ S3iyvaaiiA3i3>ia38"0"n t r M533947 T fc* 'MSB