county, to call upon the inhabitants of every township and place, to furnish accounts and estimates of the damages, waste, spoil, and destruction which have been done and committed as aforesaid, upon the property, real or personal, within the same township or place, since the first day of which was in the year of our Lord 177, and the same accounts and estimates to be transmitted to the Commissioners without delay. And if any person or persons shall - refuse or neglect to make out such accounts and estimates, the said assessors of the township or place, shall, from their own knowledge, and by any other reasonable and lawful method, take and render such an account and estimate of all damage done or committed, as aforesaid; provided always, that all such accounts and estimates to be made out and transmitted as aforesaid, shall contain a narrative of the time and circumstances; and if in the power of the person aggrieved, the names of the General, or other officers or adherents of the enemy by whom the damage in any case was done, or under whose orders the army, detachment, party, or persons, committing the same, acted at that time, and also the name and condition of the person or persons whose property was so damaged or destroyed; and that all such accounts and estimates be made in current money, upon oath or affirmation of the sufferer, or of others having knowledge concerning the same; and that in every case it be set forth, whether the party injured hath received any satisfaction for his loss, and by whom the same was given.

"And be it further enacted by the authority aforesaid, that the said Commissioners having obtained the said accounts and estimates from the assessor of the several townships and places, shall proceed to inspect and register the same in a book, to be provided for that purpose, distinguishing the districts and townships, and entering those of each place together; and if any account and estimate be imperfect, or not sufficiently verified and established, the said Commissioners shall have power, and they, or any two of them, are hereby authorised to summon and compel any person whose evidence they shall think necessary, to appear before them at a day and place appointed, to be summoned upon oath or affirmation, concerning any damage or injury as aforesaid; and the said Commissioners shall, upon the call and demand of the President, or Vice President of the Supreme Executive Council, deliver, or send to the Secretary of the said Council, all or any of the original accounts and estimates aforesaid, and shall also

deliver or send to the said Secretary, copies of the book aforesaid, or any part or parts thereof, upon reasonable notice.

And be it further enacted by the authority aforesaid, that all loss of negro or mulatto slaves and servants, who have been deluded and carried away by the enemies of the United States, and who have not been recovered or recompensed, shall be comprehended within the accounts and estimates aforesaid; and that the Commissioners and assessors of any county which had not been invaded as aforesaid, shall nevertheless inquire after, and procure accounts and estimates of any damages suffered by the loss of such servants and slaves, as is hereinbefore directed as to other property.

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

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

The present British Ministers, when they reflect a little, will certainly be too equitable to suppose that their nation has a right to make an unjust war, (which they have always allowed this against

us to be,) and do all sorts of unnecessary mischief, unjustifiable by the practice of any individual people, while those they make war with are to suffer without claiming any satisfaction; but that if Britons, or their adherents, are in return deprived of any property, it is to be restored to them, or they are to be indemnified. The British troops can never excuse their barbarities. They were unprovoked. The Loyalists may say, in excuse of theirs, that they were exasperated by the loss of their estates, and it was revenge. They have, then, had their revenge. Is it right they should have both?

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

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

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

I must repeat my opinion, that it is best for you to drop all mention of the Refugees. We have proposed, indeed, nothing but what we think best for you as well as ourselves. But if you will have them mentioned, let it be in an article, in which you may provide that they shall exhibit accounts of their losses to the

Commissioners, hereafter to be appointed, who should examine the same, together with the accounts now preparing in America of the damages done by them, and state the account, and that if a balance appears in their favor, it shall be paid by us to you, and by you divided among them as you shall think proper. And if the balance is found due to us, it shall be paid by you. Give me leave, however, to advise you to

prevent the necessity

of so dreadful a discussion by dropping the article, that we may write to America and stop the inquiry.

I have the honor to be, &c.,

B. FRANKLIN.

Sir,

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, November 27th, 1782.

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

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

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

next.

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

I am, sir, &c.,

ROBERT R. LIVINGSTON.

Sir,

TO COUNT DE VERGENNES.

Passy, November 29th, 1782.

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

With great respect, I have the honor to be, sir, your Excellency's most obedient and most humble servant, B. FRANKLIN.

Sir,

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, December 3d, 1782.

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

I am, sir, &c.,

ROBERT R. LIVINGSTON.

TO ROBERT R. LIVINGSTON.

Passy, December 4th, 1782.

Sir,

We detain the Washington a little longer, expecting an English passport for her in a few days; and as possibly some vessel bound for North America may sail before her, I write this line to inform you, that the French preliminaries with England are not yet signed, though we hope they may be very soon. Of ours I enclose a copy. The Dutch and Spain have yet made but little progress, and as no definitive treaty will be signed till all are agreed, there may be time. for Congress to give us further instructions, if they think proper.

* These articles will be found in the Correspondence of the Commissioners.