An idea has also gone forth, and it is fomented by the disaffected, that France wishes, from interested views, to monopolize the fisheries; or, at least, to exclude all other competitors but Great Britain. Those, who have attended to the disinterested conduct of France during the war, oppose to this sentiment the honor and good faith of their ally, the little interest that he can have in excluding a people from a right, which would not interfere with his, since France does little more than supply herself; and the New England fishery, for the most part, only supplies the continent and islands of America. They see the care with which France has endeavoured to cultivate a good understanding between that kingdom and these States, and they are persuaded, so inconsiderable an object will not be put in competition with the harmony, which ought to subsist between them, or administer food to those unworthy jealousies. And so much does this sentiment prevail in Congress, that their prospects have not induced them to alter your instructions; more particularly as they have received through the minister of France assurances, that his Majesty was pleased with the proofs Congress had given him of their confidence, and that he would in no event make any sacrifices of their essential interests, which necessity should not compel him to do; that he had no reason to apprehend from the events of the war, that such necessity would exist. These events have become so much more favorable since the date of the letter, which contained these assurances, that Congress persuade themselves his Majesty will not be driven to make sacrifices equally painful to him and injurious to us; but that, as we owe our success in war to his magnanimity and generosity, we may be equally indebted to his justice and firmness for an honorable peace.

It is not improbable, that Great Britain will endeavour to make some stipulations in favor of their American partisans, who have been banished the country, or whose property has been forfeited. You will doubtless be sensible of the inconvenience and danger, to which their return will subject us, and the injustice of restoring to them what they have so justly forfeited, while no compensation is made to us for the loss of property, and the calamities they have occasioned.

There can be little doubt, that every society may rightfully banish from among them those, who aim at its subversion, and forfeit the property, which they can only be entitled to by the laws, and under the protection of the society, which they attempt to destroy. Without troubling you, therefore, on the point of right, I will just mention a few of the consequences that would result from a stipulation in their favor.

In the first place, it will excite general dissatisfaction and tumults. They are considered here as the authors of the war. Those who have lost relations and friends by it, those who have been insulted by them while starving in prisons and prison-ships, those who have been robbed and plundered, or who have had their houses burned and their families ill treated by them, will, in despite of all law or treaties, avenge themselves, if the real or supposed authors of these calamities ever put themselves in their power; nor will the government be able to prevent what the feeling of the body of the people will justify.

Should they be permitted to reside among us, they will neglect no means to injure and subvert our constitution and government, and to sow divisions among us in order to pave the way for the introduction of the old system. They will be dangerous partisans of the enemy, equally unfriendly to France and to us

and will show themselves such upon every occasion. To restore their property in many instances is now become impossible. It has been sold from hand to hand; the money arising from it has been sunk by depreciation in the public treasury. To raise the value by taxes, or to wrest the lands from the hands of the proprietors, is equally unjust and impossible. Many of the very people, who would demand the restitution, have grown rich by the spoil and plunder of this country. Many others, who were beggars at the beginning of this war, owe their present affluence to the same

cause.

So that at least the account between the two nations should be liquidated, before any claim can be set up by the aggressors. How far it will be possible to obtain a compensation for the injuries wantonly done by the enemy, you will be best able to judge; be assured, that it is anxiously desired.

Give me leave to mention to you the necessity of stipulating for the safe delivery of all records, and other papers of a public and private nature, which the enemy have possessed themselves of; particularly of the records of New York, which Mr. Tryon sent to England; and the private papers of many gentlemen of the law in different parts of the continent, by which the rights of individuals may be materially affected.

Thus, Sir, I have touched upon the principal points, that America wishes to attain in the peace, which must end this bloody war. Perhaps in so doing I have given both you and myself unnecessary trouble, since I have urged nothing but what your own knowledge of the country, and that of the other gentlemen in the commission, would have suggested to you. However, conceiving that circumstances might render it necessary for you to declare, that you spoke nothing more

than the prevailing sentiments of your court, this letter will serve to vouch for the assertion.

Should the Floridas be ceded to Spain, as there is nothing Congress have more at heart than to maintain that friendly intercourse with them, which this revolution has happily begun, it will be essential to fix their limits precisely, for which purpose the instructions to Mr. Adams will serve as your directions.

Affairs here are in the same state that they were when I last wrote, except that the enemy in South Carolina have called in all their outposts, and shut themselves up in Charleston, where they will be closely invested when General St. Clair joins, which must have happened about the last of December. The brilliant expedition to St. Eustatia does the highest honor to the Marquis de Bouillé and the French nation. I flatter myself that it will be of singular use in Mr. Adams's negotiations. I have the honor to be, dear Sir, &c. ROBERT R. LIVINGSTON.

TO DAVID HARTLEY.

No Negotiations can be opened without the Concurrence of France. Commissioners authorized to

treat.

DEAR SIR,

Passy, 15 January, 1782.

I received a few days since your favor of the 2d instant, in which you tell me, that Mr. Alexander had informed you, "America was disposed to enter into a separate treaty with Great Britain." I am persuaded, that your strong desire for peace has misled you, and occasioned your greatly misunderstanding Mr. Alexander; as I think it scarce possible, he should have as

serted 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 friendship for you permitted me to express. But, since you have now gone so far as to carry such a proposition to 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 enemy.

I 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 pleasure; when we should 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, however cruelly 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