daries as good and extensive as we demanded; and our fishery more so than the Congress expected. I hope the whole preliminaries will be approved, and with the definitive treaty, when made, give entire satisfaction to our country. But there are so many interests to be considered between five nations, and so many claims to adjust, that I can hardly flatter myself to see the peace soon concluded, though I wish and pray for it, and use my best endeavours to promote it.

I am extremely sorry to hear language from Americans on this side the water, and to hear of such language from your side, as tends to hurt the good understanding that has hitherto so happily subsisted between this court and ours. There seems to be a party with you that wish to destroy it. If they could succeed, they would do us irreparable injury. It is our firm connexion with France, that gives us weight with England, and respect throughout Europe. If we were to break our faith with this nation, on whatever pre tence, England would again trample on us, and every other nation despise us. We cannot, therefore, be too much on our guard, how we permit the private resentments of particular persons to enter into our public counsels. You will hear much of an intercepted letter communicated to us by the British ministry.*

* Alluding to a letter written in Philadelphia by M. de Marbois to the French ministry. It was intercepted on its passage and sent to England, where it was deciphered and forwarded to the American Cominissioners, during the negotiation of the treaty. See this letter, as deci phered and translated, in PITKIN's History of the United States, Vol. II. p. 528.

Count de Vergennes, in writing some time afterwards to M. de la Luzerne, the French minister in America, said; "An intercepted letter from M. de Marbois was communicated to the American Commissioners by the British ministry, which, by a forced interpretation, was designed to render us suspected in regard to the fisheries. In the first place, the opinion of M. de Marbois is not necessarily that of the King;

The channel ought to be suspected. It may have received additions and alterations; but, supposing it all genuine, the forward, mistaken zeal of a secretary of legation should not be imputed to the King, who has in so many ways proved himself our faithful and firm friend and ally.

In my opinion, the true political interest of America consists in observing and fulfilling, with the greatest exactitude, the engagements of our alliance with France, and behaving at the same time towards England, so as not entirely to extinguish her hopes of a reconcilia

tion.

I long to see you and my country once more before I die, being ever, my dear friend, yours most affectionately, B. FRANKLIN.

FROM ROBERT R. LIVINGSTON TO B. FRANKLIN.

Enclosing Resolutions of Congress. Departure of the French Fleet. - Financial Distresses of the United States.

SIR,

Philadelphia, 2 January, 1783.

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

But I will not enter into that subject at present, as I mean to write very fully both to Mr. Jay and you by Mr. Jefferson, who will sail in company with this frigate in the Romulus, a ship of forty-four guns. Lest,

and, in the next place, the views indicated in that despatch have not been followed." — Versailles, September 7th, 1783. MS. Letter.

T

however, any accident should happen to prevent his arriving so soon as the Emerald, I enclose a resolution of Congress, which was suggested by the proposition you mention to have been made to Mr. Oswald, on the subject of commerce. For my own part, I presume that it is already included in your propositions, but, as we have yet been favored only with that short note of them, which has been transmitted by you, we can form no accurate judgment on the subject. You can hardly conceive the embarrassments, that the want of more minute details subjects us to.

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

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

VOL. IX.

30

ROBERT R. LIVINGSTON.

TO RICHARD OSWALD.

Enclosing Propositions to abolish Privateering.

SIR,

Passy, 14 January, 1783

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

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

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

B. FRANKLIN.

Propositions relative to Privateering, communicated to Mr. Oswald.*

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

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

The practice of robbing merchants on the high seas, a remnant of the ancient piracy, though it may be accidentally beneficial to particular persons, is far from being profitable to all engaged in it, or to the nation that authorizes it. In the beginning of a war, some rich ships, not upon their guard, are surprised and taken. This encourages the first adventurers to fit out more armed vessels, and many others to do the same. But the enemy at the same time become more careful, arm their merchant ships better, and render them not so easy to be taken; they go also more under protection of convoys; thus, while the privateers to take them are multiplied, the vessels subject to be taken, and the chances of profit, are diminished, so that many cruises are made, wherein the expenses overgo the gains; and, as is the case in other lotteries, though particulars have got prizes, the mass of adventurers are losers, the whole expense of fitting out all the privateers, during a war, being much greater than the whole amount of goods taken. Then there is the national loss of all the labor of so many men during the time they have been employed in robbing ; who, besides, spend what they get in riot, drunken

* These propositions are the same in substance as the author's two papers entitled, A Thought concerning the Sugar Islands, and Observations on War. See Vol. II. pp. 419, 487.