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tended by a sufficient number of justices, before whom the Sieurs Giertsen presented himself, who declared that having taken the most exact information at the port of Flekeroe, he learnt that of the three American vessels, the ship was called the Norfolk, Captain Lines; and the two brigs the Ariel, captain Maller, and the Virginia, captain Hodgkinson, all from Philadelphia: but in the last place arrived from Maelstrand in the port of Flekeroe, which place they left on Sunday last in the morning, the 2d December; and as this information exactly corresponds with the reports of the English confirmed by oaths; and as the port of Flekeroe is situated about four Norway leagues to the eastward of Kleven; and that these Americans sailed on the same Sunday morning with the wind at north east along the coast, consequently the outrages must have been evidently committed by them and by no others. The appellant therefore hopes that he has given sufficient testimony that these three American vessels have committed the said outrages and barbarity, on the subjects and vessels of his Britannic majesty within his Danish majesty's territory, and against the rights of nations.

After which the appellant requested this juridical deposition to be concluded, and demanded the act and formal copies thereof.

It was accordingly done, passed and made out at the bailiwic, by virtue of these presents, which I hereby certify under my signature, and have affixed my seal the day and year aforesaid.

F. FREDRICKSEN. (L. s.)

I the undersigned interpreter to the king and the council of prizes for the northern languages, certify that this translation is actually conformable to the original Danish compared by me. In testimony of which, I have signed the present at Paris, February 5, 1782.

TOBIESEN DUBY.

SIR,

Dr. Franklin to the Count de Vergennes.

Passy, March 3, 1782.

I RECEIVED the letter your excellency did me the honor of writing to me, the 24th past, enclosing an official paper on the part of the Danish court, relating to the burning of some English vessels on the coast of Norway, by three American ships. I shall not fail to transmit the same immediately to the congress, who will, I make no doubt, enquire into the facts alleged, and do thereupon, what shall appear to be just and right, it being their constant and earnest desire, to avoid giving any offence to neutral nations, as will appear by their instructions to all armed vessels, of which I have the honor to present a copy.

In the mean time, as it is natural to expect, that those who exact a rigorous observation of the laws of nations, when their own interest or honor seems affected, should be themselves ready to show an example of their own regard for those laws, where the interest of others is concerned; I cannot but hope, the court of Denmark will at length attend to a demand, long since made by me, but hitherto without effect; that they would restore to the United States, the value of three vessels amounting to fifty thousand pounds sterling. These vessels were fair and good prizes, which had been made by our ships of war, not on the coast of Denmark, but far distant on the high seas, and were sent into Bergen as into a port truly neutral, but there contrary to the laws of hospitality, as well as the other laws of nations, they were forcibly wrested out of our hands by the government of that place, and delivered back to our enemies. The congress, have not lost sight of this violence, but constantly expected justice, from the equity and wisdom of his Danish majesty, I am with the greatest respect, &c.

B. FRANKLIN.

To R. R. Livingston, Esq. Secretary of Foreign Affairs.

SIR,

Passy, March 9, 1782.

I HAVE just received the honor of yours, dated January the 7th. Your communication of the sentiments 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 arguments 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 expected, to take in some of our goods, but will sail immediately 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 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 regard to the advice of his faithful commons, and employ his forces with more vigour against the áncient enemies of the nation, or to that purpose; and that orders were immediately given 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

To the same.

SIR,

Passy, March 30, 1782.

IN mine of the ninth instant, I acknowleged the receipt of yours of January the 7th, and I have not since received any of a later date.

The newspapers which I send you by this conveyance, will acquaint you with what has, since my last, passed in parliament. You will then see a copy of the bill brought in by the attorney general for empowering 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 to treat with any body' or bodies of men, or any person or persons, &c. They are here likewise endeavoring 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 suc. cess. 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 shews also that they are weary of the war, and would get out of it if they knew how. They had not then received the certain news of the loss of St. Christophers, 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 respect to the points you mentioned, as proper to be insisted on in the treaty of peace. My ideas on those points, are, I assure you, full as strong as yours, I did intend to have given you my reasons for some addition, and if the treaty were to be held on your side the water I would do it; otherwise it seems on second thought to be unnecessary, and if my letter should be intercepted, may be inconvenient. Be assured I shall not willingly give up any important 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 expected. I have pur

chased for you all the books you desired, except four which we have sent for to England. I shall request our excellent friend, the marquis de la Fayette, to take them under his care, and I hope they will get safe to hand. The others shall follow by the first opportunity after I receive them.

Our affairs go on generally well in Europe; Holland has been slow; Spain slower; but time will, I 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 We cannot be safe while they keep armies in our

consent. country.

With great esteem, &c.

SIR,

B. FRANKLIN.

John Adams, Esq. to Dr. Franklin.

Hague, March 26, 1782.

......

ONE day last week, I received at Amsterdam a card from enclosing two letters to me from Mr. David Hartley. The card desired to see me on business of importance, and the letters from Mr. Hartley contained an assurance, that to his knowlege 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 Doctor Franklin and the count 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 Doctor Franklin, whose situation enabled him to consult the court without loss of time. At ten however, he came and told me a long story about consultations with Mr. Penn, Mr. Hartley, lord Beauchamp, and at last Lord North, by whom he was finally sent to inquire of me, if I or any other had authority to treat with Great Britain of a truce. I answered

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