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 thinks proper to introduce on its own part any new conditions or regulations, even previous to the intended treaty 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 corresponding 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 Britain. By the proposition above stated, Great Britain and France, and Great Britain and the United States, respectively, on the subject of intercourse of commerce, would emerge again after the war into situations relatively similar to their situation before the

war.

The Crown of Great Britain is enabled by the Conciliatory Act of 1782 to repeal, annul, make void, or suspend, 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, therefore, the Crown is not only competent to conclude, but likewise to carry into effect any provisional treaty of commerce 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 obtained 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 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 discussions and regulation, as between States having no commercial 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 bargain, which no act of Parliament can do.

Breviate of the treaty, viz: Provisional for intercourse and commerce between Great Britain and the United States of America. 1. That all ports shall be mutually open for intercourse and

commerce.

2. And therefore the King of Great Britain agrees to the repeal of the prohibitory acts, viz: 16 Geo. 3, 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 Parliament heretofore regulating the commerce of the American 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.

3. 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 regulations 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 of Great Britain shall be repealed.

5. Agreed upon the same part, that all ships and merchandize 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 the American States respectively.

6. The principles and spirit of this treaty to be supported on either side by any necessary supplemental arrangements. No tacit compliance on the part of America in any subordinate points to be argued at any time hereafter to the prejudice of their independence.

Dear Sir,

TO DAVID HARTLEY.

Passy, March 23d, 1783.

I received the letter you did me the honor 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 general proclamations you wished for, suspending, or rather putting an end to hostilities, are now published; so that your "heart is at rest," and mine with it. You may depend on my joining my hearty endeavors 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 commerce had passed as at first proposed, a stipulation on our 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 esteem, I am, ever, &c.,

B. FRANKLIN.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, March 26th, 1783.

Sir,

I need hardly tell you, that the intelligence brought by the Washington diffused a general pleasure. We had long been in suspense with respect to the negociations, and had received no other lights on that subject than those the speech of his Britannic Majesty and Mr. Townshend's letters threw upon it, These were by no means sufficient to dissipate all our apprehensions.

The terms you have obtained for us comprise most of the objects we wish for. I am sorry, however, that you found it necessary to act with reserve, and to conceal your measures from the Court of France. I am fearful that you will not be able to produce such facts as will justify this conduct to the world, or free us from the charge of ingratitude to a friend, who has treated us not only justly but generously.

my senti

But this is a disagreeable subject, and I refer you for my ments, and those of Congress, to my letter in answer to the joint

letter from our Ministers. I am sorry that the commercial article is stricken out; it would have been very important to us to have got footing at least in the British West Indies, as a means of compelling France to pursue her true interest and ours, by opening her ports also to us.

We have just learned by a vessel from Cadiz, that the preliminary articles for a general peace were signed the 20th. The abstract of the treaty sent me by the Marquis de la Fayette does the highest honor to the moderation and wisdom of France. Never has she terminated a war with more glory, and in gaining nothing but that trophy of victory, Tobago, she has established a character, which confirms her friends, disarms her enemies, and obtains a reputation that is of more value than any territorial acquisitions she could make.

We have been in great distress with respect to our army. Pains were taken to inflame their minds, and make them uneasy at the idea of a peace, which left them without support. Inflammatory papers were dispersed in camp, calling them together to determine upon some mad action. The General interposed, postponed the meeting to a future day, on which he met them, and made them an address, that will do him more honor than his victories. After which they passed several resolves, becoming a patriot army. Congress are seriously engaged in endeavoring to do them justice. I am in great hopes that we shall shortly be brought back to such a situation as to be enabled to enjoy the blessings you have laid the foundation of. I received from Mr. Franklin the papers relative to the Portuguese vessel, which I have caused to be laid before the Court of Appeals, where the cause is now depending. The cargo having been condemned, and the yacht acquitted at Boston, I doubt not but full justice will be done to the proprietors on the rehearing. You know so much of our constitution as to see that it is impossible to interfere further in these matters than by putting the evidence in a proper train to be examined. I have had the proceedings in the case of the brig Providentia transmitted to me from Boston, with a full state of the evidence, which I have examined. The cargo is condemned. and the vessel acquitted, an allowance for freight having been made. by the Court. The evidence does not admit a doubt of the justice of this decree. Should the Court of Denmark not be satisfied with this account, I will cause a copy of the proceedings to be transmitted

to you for their satisfaction. I hope this mark of attention to them will induce them to acknowledge the injustice they have done us in the detention of our prizes. This object should not be lost sight of.

I thank you for your present of M. d'Auberteuil's Essay, and shall dispose of the copies he has sent in the way you recommend. I could hardly have believed it possible that so many errors and falsehoods, that would shock the strongest faith on this side of the water, could be received as orthodox on the other.

I remit bills for the salaries of our Ministers. It is impossible that I can adjust their accounts here; you must settle with them, and they repay you out of the drafts I have made in their favor when they have been overpaid. Congress have, in pursuance of your sentiment in your letter of October, passed the enclosed resolution.* So that on the quarter's salary due in April, there will be a deduction of all you gained by the course of exchange; and the payments will be reduced to par, at which rate they will always be paid in future. This deduction amounts on your salary to eight thousand three hundred and thirty-six livres, as will appear from the account that will be stated by Mr. Morris. I shall pay your bills into the hands of Mr. Robert Morris, whom you have constituted your agent. The bills for the other gentlemen, who may not be with you, are committed to your care. As the bills are drawn in their favor, they can only be paid on their endorsement.

Congress will, I believe, agree very reluctantly to let you quit their service. The subject, together with Mr. Adams's and Mr. Laurens's resignation, is under the consideration of a committee. If they report before this vessel sails you shall know their determination.

On the arrival of the Triumph from Cadiz, which brought orders for recalling the cruisers of his Britannic Majesty, Congress passed the enclosed resolution, which I transmitted with the intelligence we had received to Carleton and Digby. I sent my secretary with my letters, and expect him back this evening. I am anxious to know how the first messenger of peace has been received by them, as well

* March 7th, 1783. "Resolved, That the salaries of the Ministers and other officers of the United States in Europe be estimated in future in dollars, at the rate of four shillings and sixpence sterling per dollar.

"That they be paid in bills of exchange upon France or Holland, at the rate of five livres five sous Turnois per dollar, without regard to the variations which may be occasioned by the course of exchange.