"RESOLVED, That, in the meantime, the Secretary for Foreign

Affairs inform the said Ministers, that many thousands of slaves,

and other property, to a very great amount, have been carried

off, or destroyed by the enemy; and that in the opinion of

Congress, the great loss of property, which the citizens of the

United States have sustained by the enemy, will be considered by

the several States as an insuperable bar to their making

restitution or indemnification to the former owner of property,

which has been, or may be forfeited to, or confiscated by any of

the States."

In consequence of these resolutions and circular letters of the

Secretary, the Assembly of Pennsylvania, then sitting, passed the

following act, viz.

"_State of Pennsylvania, in General Assembly._"

Wednesday, September 18th, 1782.

"The bill, entitled 'An Act for procuring an estimate of the damages

sustained by the inhabitants of Pennsylvania, from the troops and

adherents of the King of Great Britain during the present war,' was

read a second time.

"Ordered to be transcribed, and printed for public consideration.

Extract from the minutes.

PETER Z. LLOYD.

_Clerk of the General Assembly._"

"Whereas great damages, of the most wanton nature, have been committed

by the armies of the King of Great Britain, or their adherents within

the territory of the United States of North America, unwarranted by

the practice of civilized nations, and only to be accounted for from

the vindictive spirit of the said King and his officers; and whereas

an accurate account and estimate of such damages, more especially the

waste and destruction of property, may be very useful to the people of

the United States of America, in forming a future treaty of peace,

and, in the meantime, may serve to exhibit in a true light to the

nations of Europe the conduct of the said King, his Ministers,

officers, and adherents; to the end, therefore, that proper measures

be taken to ascertain the damages aforesaid, which have been done to

the citizens and inhabitants of Pennsylvania, in the course of the

present war within this State; Be it enacted by the House of

Representatives of the freemen of the commonwealth of Pennsylvania, in

General Assembly met, and by the authority of the same, that in every

county of this State, which has been invaded by the armies, soldiers,

or adherents of the King of Great Britain, the Commissioners of every

such county shall immediately meet together, each within their county,

and issue directions to the assessors of the respective townships,

districts, and places within such 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 losses

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

herein before 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 Falmouth, 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, which 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 progressions 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.

* * * * *

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, November 27th, 1782.

Sir,

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.

* * * * *

TO COUNT DE VERGENNES.

Passy, November 29th, 1782.

Sir,

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. Tomorrow

I hope we shall be able to communicate to your Excellency a copy of

them.[7]

With great respect, I have the honor to be, Sir, your Excellency's

most obedient and most humble servant,

B. FRANKLIN.

FOOTNOTE:

[7] These articles will be found in the Correspondence of the

Commissioners.

* * * * *

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, December 3d, 1782.

Sir,

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. We hope the terms

we have obtained will be satisfactory, though, to secure our main

points, we may have yielded too much in favor of the royalists. The

quantity of aid to be afforded us remains undecided. I suppose

something depends on the event of the treaty. By the Washington you

will be fully informed of everything.

With great regard, I have the honor to be, &c.

B. FRANKLIN.

* * * * *

TO ROBERT R. LIVINGSTON.

Passy, December 5th, 1782.

Sir,

I am honored by your several letters, Nos 16, 17, 18 and 19, dated

September 5th, 13th, 15th, and 18th. I believe that the complaints you

make in them of my not writing, may ere now have appeared less

necessary, as many of my letters written before those complaints must

have since come to hand. I will nevertheless mention some of the

difficulties your Ministers meet with, in keeping up a regular and

punctual correspondence. We are far from the seaports, and not well

informed, and often misinformed about the sailing of vessels.

Frequently we are told they are to sail in a week or two, and often

they lie in the ports for months after, with our letters on board,

either waiting for convoy, or for other reasons. The post office here

is an unsafe conveyance; many of the letters we received by it have

evidently been opened, and doubtless the same happens to those we

send; and at this time particularly, there is so violent a curiosity

in all kinds of people to know something relating to the negotiations,

and whether peace may be expected, or a continuance of the war, that

there are few private hands or travellers, that we can trust with

carrying our despatches to the seacoast; and I imagine that they may

sometimes be opened and destroyed because they cannot be well sealed.

Again, the observation you make, that the Congress Ministers in Europe

seem to form themselves into a privy council, transacting affairs

without the privity or concurrence of the sovereign, may be in some

respects just; but it should be considered, that if they do not write

as frequently as other Ministers here do to their respective Courts,

or if when they write, their letters are not regularly received, the

greater distance of the seat of war, and the extreme irregularity of

conveyances may be the causes, and not a desire of acting without the

knowledge or orders of their constituents. There is no European Court,

to which an express cannot be sent from Paris in ten or fifteen days,

and from most of them answers may be obtained in that time. There is,

I imagine, no Minister who would not think it safer to act by orders

than from his own discretion; and yet, unless you leave more to the

discretion of your Ministers in Europe than Courts usually do, your

affairs may sometimes suffer extremely from the distance which, in the

time of war especially, may make it five or six months before the

answer to a letter shall be received. I suppose the Minister from this

Court will acquaint Congress with the King's sentiments, respecting

their very handsome present of a ship of the line. People in general

here are much pleased with it.

I communicated, together with my memoir demanding a supply of money,

copies of every paragraph in your late letters, which express so

strongly the necessity of it. I have been constant in my solicitations

both directly, and through the Marquis de Lafayette, who has employed

himself diligently and warmly in the business. The negotiations for

peace are, I imagine, one cause of the great delay and indecision on

this occasion beyond what has been usual, as the quantum may be

different if those negotiations do or do not succeed. We have not yet

learnt what we may expect. We have been told that we shall be aided,

but it cannot be to the extent demanded; six millions have been

mentioned, but not as a sum fixed. The Minister tells me still, that

he is working upon the subject, but cannot yet give a determinative

answer. I know his good will to do the best for us that is possible.

It is in vain for me to repeat again what I have so often written, and

what I find taken so little notice of, that there are bounds to

everything, and that the faculties of this nation are limited like

those of all other nations. Some of you seem to have established as

maxims the suppositions, that France has money enough for all her

occasions, and all ours besides; and that if she does not supply us,

it is owing to her want of will, or to my negligence. As to the first,

I am sure it is not true, and to the second, I can only say I should

rejoice as much as any man in being able to obtain more; and I shall

also rejoice in the greater success of those who may take my place.

You desire to be very particularly acquainted with "every step which

tends to negotiation." I am, therefore, encouraged to send you the

first part of the journal, which accidents, and a long severe illness

interrupted; but which, from notes I have by me, may be continued if

thought proper. In its present state, it is hardly fit for the

inspection of Congress, certainly not for public view. I confide it

therefore to your prudence.

The arrival of Mr Jay, Mr Adams, and Mr Laurens, has relieved me from

much anxiety, which must have continued, if I had been left to finish

the treaty alone; and it has given me the more satisfaction, as I am

sure the business has profited by their assistance.

Much of the summer has been taken up in objecting against the powers

given by Great Britain, and in removing those objections. The not

using any expressions, that might imply an acknowledgment of our

independence, seemed at first industriously to be avowed. But our

refusing otherwise to treat, at length induced them to get over that

difficulty, and then we came to the point of making propositions.

Those made by Mr Jay and me before the arrival of the other gentlemen,

you will find in the paper A, which was sent by the British

Plenipotentiary to London for the King's consideration. After some

weeks, an under secretary, Mr Strachey, arrived, with whom we had much

contestation about the boundaries and other articles which he proposed

and we settled; some of which he carried to London, and returned with

the propositions, some adopted, others omitted or altered, and new

ones added, which you will see in paper B. We spent many days in

disputing, and at length agreed on and signed the preliminaries, which

you will see by this conveyance. The British Minister struggled hard

for two points, that the favors granted to the royalists should be

extended, and all our fishery contracted. We silenced them on the

first, by threatening to produce an account of the mischief done by

those people, and as to the second, when they told us they could not

possibly agree to it as we requested it, and must refer it to the

Ministry in London, we produced a new article to be referred at the

same time, with a note of facts in support of it, which you have,

C.[8] Apparently, it seemed, that to avoid the discussion of this,

they suddenly changed their minds, dropped the design of recurring to

London, and agreed to allow the fishery as demanded.

FOOTNOTE:

[8] The papers alluded to in this letter will be found in the

Correspondence of the Commissioners for negotiating peace.

You will find in the preliminaries some inaccurate and ambiguous

expressions, that want explanation, and which may be explained in the

definitive treaty, and as the British Ministry excluded our

proposition relating to commerce, and the American prohibition of that

with England may not be understood to cease merely by our concluding a

treaty of peace, perhaps we may then, if the Congress shall think fit

to direct it, obtain some compensation for the injuries done us as a

condition of our opening again the trade. Every one of the present

British Ministry has, while in the Ministry, declared the war against

us as unjust, and nothing is clearer in reason, than that those who

injure others by an unjust war, should make full reparation. They

have stipulated too, in these preliminaries, that in evacuating our

towns, they shall carry off no plunder, which is a kind of

acknowledgment that they ought not to have done it before.

The reason given us for dropping the article relating to commerce,

was, that some statutes were in the way, which must be repealed before

a treaty of that kind could be well formed, and that this was a matter

to be considered in Parliament.

They wanted to bring their boundary down to the Ohio, and to settle

their loyalists in the Illinois country. We did not choose such

neighbors.

We communicated all the articles, as soon as they were signed, to

Count de Vergennes, (except the separate one) who thinks we have

managed well, and told me that we had settled what was most

apprehended as a difficulty in the work of a general peace, by

obtaining the declaration of our independency.

_December 14th._ I have this day learnt, that the principal

preliminaries between France and England are agreed on, to wit.

1st. France is to enjoy the right of fishing and drying on all the

west coast of Newfoundland, down to Cape Ray. Miquelon and St Pierre

to be restored, and may be fortified.

2d. Senegal remains to France, and Goree to be restored. The Gambia

entirely to England.

3d. All the places taken from France in the East Indies to be

restored, with a certain quantity of territory round them.

4th. In the West Indies, Grenada and the Grenadines, St Christophers,

Nevis and Montserat, to be restored to England. St Lucia to France.

Dominique to remain with France, and St Vincents to be neutralized.

5th. No Commissioner at Dunkirk.

The points not yet quite settled are the territory round the places in

the Indies, and neutralization of St Vincents. Apparently these will

not create much difficulty.

Holland has yet hardly done anything in her negotiation.

Spain offers for Gibraltar to restore West Florida and the Bahamas. An

addition is talked of the island of Guadaloupe, which France will cede

to Spain in exchange for the other half of Hispaniola, and Spain to

England, but England, it is said, chose rather Porto Rico. Nothing yet

concluded.

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