well received. We accordingly concluded to wait on his excellency the next morning. Saturday, June 29th. We went together to the Spanish ambassador, who received us with civility and politeness. He spoke with Mr. Jay on the subject of the treaty they were to make together, and mentioned, in general, as a principle, that the two powers should consider each other's conveniency, and accommodate and compensate each other as well as they could. That an exact compensation might perhaps not be possible; but should be approached as nearly as the nature of things would admit. Thus, says he, "if there is a certain thing which would be convenient to each of us, but more convenient to one than to the other, it should be given to the one to whom it would be the most convenient, and compensation be made by giving another thing to the other for the same reason." I suppose he had in view something relating to boundaries or territories, because he added, "we will sit down together with maps in our hands, and by that means shall see our way more clearly." I learnt from him, that the expedition against Providence had failed, but no advice was yet received of its success. At our going out he took pains himself to open the folding doors for us, which is a high compliment here, and told us he would return our visit (rendre son devoir) and then fix a day with us for dir.ing with him. I dined with Mr. Jay and a company of Americans at his lodgings. Sunday, July 1. Mr. Grenville called on me. curate 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 Rochambeau, that the French army sailed on the 24th ult. Perhaps it were to be wished 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 salaries, which will, I believe, be altered. The allowance to Mr. Franklin has been confirmed, and your m deration and his upon this point, have done you both honour in the opinion of congress. "R. R. LIVINGSTON." "SIR,-I have before me your letters of the 25th and 29th of June, 12th of August, 3d and 26th of September, and 14th of October last. Several matters contained in them have already been answered, and some others I am unable to reply to, till congress have decided on such propositions as I have sub CORRESPONDENCE, PRIVATE AND mitted to their consideration. POLITICAL-continued. R. R. Livingston to Dr. Franklin. "PHILADELPHIA, Jan. 3, 1783. "The convention relative to consuls has been objected to by Mr. Barclay, on account of its prohibiting the consuls from trading. As the funds of congress leave them no means of affording an adequate support to per"SIR,-I was honoured with your letter by sons who are qualified, they fear that the onthe Danae. I congratulate you upon the pro-ly inducement to accept the appointment will mising state of our negotiations, since peace be taken away by this prohibition. Mr. Barbegins to be no less desirable here than else- clay's letter on that subject is under consider where. ation. "I see the force of your objections to soliciting the additional twelve millions, and I feel very sensibly the weight of our obligations to France; but every sentiment of this kind must give way to our necessities. It is not for the interest of our allies to lose the benefit of all they have done, by refusing to make a small addition to it, or at least to see the return that our commerce will make them suspended by new convulsions in this coun "But I will not enter into that subject at present, as I mean to write very fully, both to Mr. Jay and to you, by Mr. Jefferson, who will sail in company with this frigate, in the Romulus, a ship of forty-four guns. Lest, however, any accident should happen to prevent his arriving as 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 pre-try. sume that it is already included in your propositions, but as we have yet been favoured only with that short note of them, which has been transmitted by you, we can form no ac The army have chosen committees; a very respectable one is now with congress. They demand with importunity their arrears of pay. The treasury is empty, and inadequate means of filling it presents itself. The people pant for peace; should contributions | be exacted, as they have heretofore been, at the point of the sword, the consequences may be more dreadful than is at present apprehended. I do not pretend to justify the negligence of the states in not providing greater supplies. Some of them might do more than they have done; none of them all that is required. It is my duty to confide to you, that if the war is continued in this country, it must be in a great measure at the expense of France. If peace is made, a loan will be absolutely necessary to enable us to discharge the army, that will not easily separate without pay. I am sorry that neither Mr. Jay nor you sent the propositions at large, as you have made them, since we differ in opinion about the construction to be put on your commercial article, as you will find by a resolution enclosed in my letter. "I wish the concession made of our trade, may be on conditions of similar privileges on the part of Great Britain. You will see that without this precaution, every ally that we have, that is to be treated as the most favoured nation, may be entitled to the same privileges, even though they do not purchase them by reciprocal grants. "As to confiscated property, it is at present in such a state, that the restoration of it is impossible. English debts have not, that I know of, been forfeited, unless it be in one state; and I should be extremely sorry to see so little integrity in my countrymen, as to render the idea of withholding them a general one; however, it would be well to say nothing about them if it can be conveniently done. "I am glad to find you have some prospect of obtaining what is due on the Bonhomme Richard's prize money. That matter has been much spoken of, and occasioned some reflection, as it is alleged that M. Chaumont was imposed on the officers as their agent by the court, and of course that they should be answerable for his conduct, which has certainly been very exceptionable. 66 Congress has come to no determination as to the size or expense of the pillar they propose to erect at Yorktown. What I wished of you was, to send me one or two plans, with the estimates of expense, in order to take their sense thereon. "As to the designs of Spain, they are pretty well known; and Mr. Jay and congress concur so exactly in sentiment, with respect to them, that I hope we have nothing to fear from that quarter. "Congress have it now under consideration, to determine what should be allowed as contingent expenses. I believe house-rent will not be allowed as such. I mentioned in my last what respected your grandson, to which I have nothing to add. I agree with you in sentiment, that your salaries should not depend on the fluctuations of the exchange, and have submitted that part of your letter to congress. I believe they will direct a stated sum to be paid. Waiting for this determination, I am prevented from drawing bills at this time. As to the money received from me, you will be pleased to replace with it the two quarters you had drawn before it came to hand. You will have bills for a third quarter, which have been sent on some time since. 66 "I am more and more convinced, that eve- 'Several important political events have ry means in your power must be used to se- taken place here lately. The evacuation of cure the fisheries. They are essential to Charleston, the sailing of the French fleet, some states, and we cannot but hate the nation and the army, the decision of the great cause that keeps us from using this common favour between Connecticut and Pennsylvania, in of Providence. It was one of the direct ob- favour of the latter, the state of the army, &c.; jects for carrying on the war. While I am all of which I should enlarge upon, if this upon this subject, I cannot but express my was not to be delivered by Mr. Jefferson, who hope, that every means will be used to guard will be able to inform you fully on those against any mistrusts or jealousies between points, and many others that you will deem you and France. The United States have important to a right knowledge of the present shown their confidence in her by their in-state of this country. [Mr. Jefferson did not structions. She has repeatedly promised to go at this time.] procure for us all we ask, as far as it lies in her power. Let our conduct leave her without apology, if she acts otherwise, which I am far from suspecting. "With respect to the seamen you mention, I wish, if any further order is necessary than that which Mr. Barclay already has, that you would give it, so far as to enable him to state their accounts, and transfer them to Mr. Morris. As the treaty with Holland is concluded, I hope you have made some progress in that with Sweden, a plan of which has been transmitted; another copy will go by Mr. Jefferson. "I enclose a state of the trade between these States and the West Indies, as brought in by a committee of congress, and referred to me. It may possibly afford you some hints, and will serve to show how earnestly we wish to have this market opened to us. "R. R. LIVINGSTON." "Richard Oswald. "PASSY, January 14, 1783. “SIR,—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 consider ed by my colleagues; but if you should think who besides spend what they get in riot, drunkenness, and debauchery, lose their ha bits of industry, are rarely fit for any sober business after peace, and serve only to increase the number of highwaymen and housebreakers. Even the undertakers who have been fortunate, are by sudden wealth led into expensive living, the habit of which continues, when the means of supporting it ceases, and finally ruins them. A just punishment for their having wantonly and unfeelingiy ruined many honest, innocent traders and their families, whose subsistence was employed in serving the common interests of mankind. Should it be agreed, and become a part of the law of nations, that the cultivators of the earth are not to be molested or interrupted in their peaceable and useful employment, the inhabitants of the sugar islands would perhaps come under the protection of such a regulation, which would be a great advantage to the nations who at present hold those is lands, since the cost of sugar to the consumer in those nations, consists not merely in the price he pays for it by the pound, but in the accumulated charge of all the taxes he pays in every war, to fit out fleets and maintain troops for the defence of the islands that raise Propositions relative to Privateering, &c. the sugar, and the ships that bring it home. communicated to Mr. Oswald. 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 honour to the nations that establish it. "B. FRANKLIN.” It is for the interest of humanity in general, that the occasions of war, and the inducements to it should be diminished. But the expense of treasure is not all. A celebrated philosophical writer remarks, that when he considered the wars made in Africa, for prisoners to raise sugars in America, the numbers slain in those wars, the numbers that, being crowded in ships, perish in the trans If rapine is abolished, one of the encouragements to war is taken away, and peace therefore more likely to continue and be last-portation, and the numbers that die under the ing. 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 labour of so many men during the time they have been employed in robbing; severities of slavery, he could scarce look on a morsel of sugar without conceiving it spotted with human blood. If he had considered also the blood of one another, which the white nations shed in fighting for those islands, he would have imagined his sugar not as spotted only, but as thoroughly dyed red. On these accounts I am persuaded that the subjects of the emperor of Germany, and the empress of Russia, who have no sugar islands, consume sugar cheaper at Vienna and Moscow, with all the charge of transporting it after its arrival in Europe, than the citizens of London or of Paris. And I sincerely believe that. if France and England were to decide, by throwing dice, which should have the whole of their sugar islands, the loser in the throw would be the gainer. The future expense of defending them would be saved: the sugars would be bought cheaper by all Europe, if the inhabitants might make it without interruption, and whoever imported the sugar, the same revenue might be raised by duties at the customhouses of the nation that consumed it. And on the whole I conceive it would be better for the nations now possess ing sugar colonies to give up their claim to them, let them govern themselves, and put | about Gibraltar, arrived after the subject as I them under the protection of all the powers understand was canvassed, and when it of of Europe as neutral countries, open to the course must have appeared impolitic eagerly commerce of all; the profits of the present and immediately to revive it. monopolies being by no means equivalent to the expense of maintaining them. Count de Vergennes to Dr. Franklin. "VERSAILLES, Saturday evening, Jan. 18, 1783. "It is essential, sir, that I should have the honour of conferring with yourself, with Mr. Adams, and those of your colleagues who may be in Paris. I have therefore to request, sir, that you will be pleased to invite those gentlemen to come to Versailles, with you, on Monday, before ten o'clock in the morning. It will be well, sir, to bring with you your grandson, as it will be necessary to translate some English into French, and also to write. The subject I have to converse with you upon is very interesting to the U. States, your masters. 66 I have the honour to be, sir, with profound consideration, your most obedient hum ble servant, DE VERGENNES." "M. le Compte de Vergennes. "PASSY, Jan. 18, 1783, at ten P. M. "You reproved me, or rather reproved a political scheme yesterday, of which I have heard more said favourably by your friends at Paris, than by any persons whatever in London. But do you, my dear sir, make this peace, and trust our common sense respecting another war. England, said a man of the war like a convalescent out of a disease, sense to me the other day, will come out of and must be re-established by some physic and much regimen. I cannot easily tell in what shape a bankruptcy would come upon and degree it would affect us; but if your England, and still less easily in what mode confederacy mean to bankrupt us now, I am deter us from another war. sure we shall lose the great fear that would Your allies, therefore, for policy, and for humanity's sake, will I hope stop short of this extremity; especially as we should do some mischief first to others, as well as to ourselves. 66 · B. VAUGHAN." "To John Adams. PASSY, Jan. 19, 1783. "SIR,--Agreeable to the notice just received from your excellency, I shall acquaint Mr. "SIR,-Late last night I received a note Adams with your desire to see us on Monday from M. de Vergennes, acquainting me that before ten o'clock at Versailles, and we shall it is very essential he should have a conferendeavour to be punctual. My other col-ence with us, and requesting I would inform leagues are absent, Mr. Laurens being gone my colleagues. He desires that we may be to Bath in England, to recover his health, and with him before ten on Monday morning. If Mr. Jay into Normandy.-With great reit will suit you to call here, we may go tospect, I have the honour to be, sir, your ex-gether in my carriage.-With great regard, cellency's, &c. B. FRANKLIN. I have the honour to be, sir, your most obe"I shall bring my grandson, as you desire." dient and most humble servant, B. Vaughan to Dr. Franklin. "PARIS, January 18, 1783. "MY DEAREST SIR,-I cannot but in the most earnest manner, and from recent circumstances, press your going early to Versailles to-morrow; and I have considerable reason to think, that your appearance there will not displease the person whom you address. I am of opinion, that it is very likely that you will have the glory of having concluded the peace, by this visit; at least I am sure, if the deliberations of to-morrow evening end unfavourably, that there is the strongest appearance of war; and if they end favourably, perhaps little difficulty may attend the rest. "After all, the peace will have as much that is conceded in it, as England can in any shape be made just now to relish; owing to the stubborn demands, principally of Spain, who would not, I believe, upon any motive recede from her conquests. What I wrote VOL. I....3 T 66 · B. FRANKLIN." Copy of Mr. Fitzherbert's Commission to treat with France. GEORGIUS Tertius, Dei Gratiâ, Magnæ Britanniæ Franciæ et Hiberniæ Rex, Fidei Defensor, Dux Brunsvicensis et Lunebergensis, Sacri Romani Imperii Archithesaurius et Princeps Elector, etc. Omnibus et Singulis ad quos præsentes hæ Litteræ pervenerint, Salutem. Cum Belli Incendio jam nimis diu diversis orbis Terrarum Partibus flagrante, in id quam maxime incumbamus, ut Tranquillitas publica, tot Litibus controversiisque rite compositis, reduci et stabiliri possit. Cumque eâ de causâ Virum quemdam tanto negotio parem, ad bonum Fratrem nostrum Regem Christianissimum mittere decrevimus, sciatis igitur, quod nos, Fide, Industriâ, Ingenio, Perspicaciâ, et rerum usu fidelis et dilecti nobis Alleini Fitzherbert, Armigeri, plurimum confisi, eundem nominavimus, fecimus et constituimus, sicut per præsentes, their healths, but will both be here to assist in forming the definitive treaty. I congratulate you and our country on the happy prospects afforded us by the finishing speedily this glorious revolution. B. FRANKLIN. Commission of the United States of Ameri- THE UNITED STATES OF AMERICA, IN CONGRESS To all whom these presents shall come : nominamus, facimus et constituimus, nostrum | principal points are settled. Mr. Laurens is verum, certum et indubitatum Commissari- absent at Bath, and Mr. Jay in Normandy, for um, Procuratorem et Plenipotentiarium, dantes et concedentes eidem omnem et omnimodam Potestatem, Facultatem Authoritatemque, necnon mandatum, generale pariter ac speciale (ita tamen ut generale speciali non deroget nec è contra) pro nobis et nostro nomine, unà cum Ministro Ministrisve prædicti boni Fratris nostri Regis Christianissimi, sufficienti authoritate instructo vel instructis, cumque legatis, Commissariis, Deputatis, et Plenipotentiariis aliorum Principum et Statuum quorum interesse poterit, sufficienti itidem authoritate instructis, tam singulatim ac diversim, quam aggregatim ac conjunctim, congrediendi et colloquendi, atque cum ipsis de pace firma et stabili, sincerâque Amicitiâ WHEREAS these United States, from a sinet Concordiâ quantotius restituendis, conveniendi, tractandi, consulendi et concludendi, cere desire of putting an end to the hostilities between his most Christian majesty and eaque omnia quæ ita conventa et conclusa fuerint pro nobis et Nostro Nomine, subsig- Britannic majesty on the other, and of terthese United States on the one part, and his nandi, superque conclusis Tractatum Tractatusve, vel alia Instrumenta quotquot et qua- such solid and equitable principles, as reasonminating the same by a peace founded on lia necessaria fuerint, conficiendi mutuoque tradendi, recipiendique, omniaque alia quæ ad ably to promise a permanency of the blessopus supra dictum feliciter exequendum per- the honourable John Adams, late a commis ings of tranquillity, did heretofore appoint tinent transigendi, tam amplis modo et formâ, ac vi Effectuque pari, ac nos, si interessemus, sioner of the United States of America at the facere et præstare possemus; spondentes et court of Versailles, late a delegate in conin Verbo Regio promittentes, Nos omnia gress from the state of Massachusetts, and chief justice of the said state, their minister quæcumque à dicto nostro Plenipotentiario transigi et concludi contigerint, grata, rata et plenipotentiary, with full powers, general and accepta omni meliori modo habituros, neque special, to act in that quality, to confer, treat, passuros unquam ut in toto vel in parte à agree, and conclude, with the ambassadors cr quopiam violentur, aut ut iis in contrarium plenipotentiaries of his most Christian maeatur. In quorum omnium majorem Fidem jesty, and of his Britannic majesty, and those et Robur, præsentibus manu nostrâ regiâ sigof any other princes or states whom it might natis, magnum nostrum Magnæ Britannia concern, relating to the re-establishment of Sigillum appendi fecimus. Quæ dabantur in peace and friendship: and whereas the flames Palatio nostro Divi Jacobi, Die vicesimo of war have since that time been extended, quarto Mensis Julii, anno Domini millesimo and other nations and states are involved Septingentesimo Octogesimo secundo, Reg-nuing earnestly desirous, so far as depends therein: Now know ye, that we, still continique nostri Vicesimo secundo. A true copy examined by (Signed) ALLEYNE FITZHERBERT. "R. R. Livingston. PASSY, Jan. 21, 1783. "SIR, I have just received your letters of Nov. 9 and Dec. 3. This is to inform you, and to request you to inform the congress, that the preliminaries of peace between France, Spain, and England, were yesterday signed, and a cessation of arms agreed to by the ministers of those powers, and by us in behalf of the United States; of which act, so far as relates to us, I enclose a copy. I have not yet obtained a copy of the preliminaries agreed to by the three crowns, but hear in general that they are very advantageous to France and Spain. I shall be able in a day or two to write more fully and perfectly. Holland was not ready to sign preliminaries, but their upon us, to put a stop to the effusion of blood, and to convince the powers of Europe, that we wish for nothing more ardently than to terminate the war by a safe and honourable peace, have thought proper to renew the powers formerly given to the said John Adams, and to join four other persons in commission with him; and having full confdence in the integrity, prudence, and ability of the honourable Benjamin Franklin, our minister plenipotentiary at the court of Versailles; and the honourable John Jay, late president of congress, and chief justice of the state of New York, and our minister plenipotentiary at the court of Madrid; and the honourable Henry Laurens, formerly presdent of congress, and commissioned and sent as our agent to the United Provinces of the Low Countries; and the honourable Thomas Jefferson, governor of the commonwealth of Virginia; have nominated, constituted, and |