As soon as I received the commission and instructions for treating

with Sweden, I waited on the Ambassador here, who told me he daily

expected a courier on that subject. Yesterday he wrote a note to

acquaint me, that he would call on me today, having something to

communicate to me. Being obliged to go to Paris, I waited on him, when

he showed me the full powers he had just received, and I showed him

mine. We agreed to meet on Wednesday next, exchange copies, and

proceed to business. His commission has some polite expressions in it,

to wit; "that his Majesty thought it for the good of his subjects to

enter into a treaty of amity and commerce with the United States of

America, who had established their independence so justly merited by

their courage and constancy;" or to that effect. I imagine this treaty

will be soon completed; if any difficulty should arise, I shall take

the advice of my colleagues.

I thank you for the copies of Mr Paine's letter to the Abbé Raynal,

which I have distributed to good hands. The errors we see in

histories of our times and affairs weaken our faith in ancient

history. M. Hilliard d'Auberteuil has here written another history of

our revolution, which however he modestly calls _an essay_, and

fearing that there may be errors, and wishing to have them corrected,

that his second edition may be more perfect, he has brought me six

sets, which he desires me to put into such hands in America, as may be

good enough to render him and the public that service. I send them to

you for that purpose, by Captain Barney, desiring that one set may be

given to Mr Paine, and the rest where you please. There is a quarto

set in the parcel, which please to accept from me.

I have never learnt whether the box of books I sent to you, and the

press to Mr Thompson, were put on board the Eagle or one of the

transports. If the former, perhaps you might easily purchase them at

New York; if the latter, you may still receive them among the goods

for Congress, now shipping by Mr Barclay. If they are quite lost let

me know it, that I may replace them.

I have received several letters from your office with bills to pay

Ministers' salaries. Nothing has yet been done with those bills, but I

have paid Mr Laurens 20,000 livres.

I have this day signed a common letter to you drawn up by my

colleagues, which you will receive herewith. We have kept this vessel

longer for two things, a passport promised us from England, and a sum

to send in her; but she is likely to depart without both, being all of

us impatient that Congress should receive early intelligence of our

proceedings, and for the money we may probably borrow a frigate.

I am now entering on my 78th year; public business has engrossed fifty

of them; I wish now to be, for the little time I have left, my own

master. If I live to see this peace concluded, I shall beg leave to

remind the Congress of their promise then to dismiss me. I shall be

happy to sing with old Simeon, _now lettest thou thy servant depart in

peace, for mine eyes have seen thy salvation_.

With great esteem, &c.

B. FRANKLIN.

* * * * *

TO COUNT DE VERGENNES.

Passy, December 15th, 1782.

Sir,

I have the honor to acquaint your Excellency, that our courier is to

set out tomorrow at ten o'clock, with the despatches we send to

Congress, by the Washington, Captain Barney, for which ship we have

got a passport from the King of England.[9] If you would make any use

of this conveyance, the courier shall wait upon you tomorrow at

Versailles, and receive your orders.

I hoped I might have been able to send part of the aids we have asked,

by this safe vessel. I beg that your Excellency would at least inform

me what expectations I may give in my letters. I fear the Congress

will be reduced to despair, when they find that nothing is yet

obtained.

With the greatest and most sincere respect, I am, Sir, your

Excellency's most obedient and most humble servant,

B. FRANKLIN.

FOOTNOTE:

[9] _Copy of a Passport given to the Ship Washington, to carry over

the Preliminary Articles._

GEORGE the Third, by the Grace of God, King of Great Britain, France,

and Ireland, Defender of the Faith, and so forth. To all Admirals,

Vice Admirals, Captains, Commanders of our ships of war, or

privateers, Governors of our forts and castles, customhouse

comptrollers, searchers, &c., to all and singular our officers, and

military and loving subjects whom it may concern, greeting. Our will

and pleasure is, and we do hereby strictly charge and require you, as

we do likewise pray and desire the officers and ministers of all

Princes and States, in amity with us, to permit and suffer the vessel

called the Washington, commanded by Mr Joshua Barney, belonging to the

United States of North America, to sail from either of the ports of

France, to any port or place in North America, without any let,

hinderance, or molestation whatsoever; but on the contrary, affording

the said vessel all such aid and assistance as may be necessary.

Given at our Court of St James, the tenth day of December; 1782, in

the 23d year of our reign. By his Majesty's command.

T. TOWNSHEND.

* * * * *

COUNT DE VERGENNES TO B. FRANKLIN.

Translation.

Versailles, December 15th, 1782.

Sir,

I cannot but be surprised, Sir, that after the explanation I have had

with you, and the promise you gave, that you would not press the

application for an English passport for the sailing of the packet

Washington, that you now inform me, you have received the passport,

and that at ten o'clock tomorrow morning your courier will set out to

carry your despatches. I am at a loss, Sir, to explain your conduct

and that of your colleagues on this occasion. You have concluded your

preliminary articles without any communication between us, although

the instructions from Congress prescribes, that nothing shall be done

without the participation of the King. You are about to hold out a

certain hope of peace to America, without even informing yourself on

the state of the negotiation on our part.

You are wise and discreet, Sir; you perfectly understand what is due

to propriety; you have all your life performed your duties. I pray you

to consider how you propose to fulfil those, which are due to the

King? I am not desirous of enlarging these reflections; I commit them

to your own integrity. When you shall be pleased to relieve my

uncertainty, I will entreat the King to enable me to answer your

demands.

I have the honor to be, Sir, with sincere regard, your very humble and

obedient servant,

DE VERGENNES.

* * * * *

TO COUNT DE VERGENNES.

Passy, December 17th, 1782.

Sir,

I received the letter your Excellency did me the honor of writing to

me on the 15th instant. The proposal of having a passport from England

was agreed to by me the more willingly, as I at that time had hopes of

obtaining some money to send in the Washington, and the passport would

have made its transportation safer, with that of our despatches, and

of yours also, if you had thought fit to make use of the occasion.

Your Excellency objected, as I understood it, that the English

Ministers by their letters sent in the same ship, might convey

inconvenient expectations into America. It was therefore I proposed

not to press for the passport, till your preliminaries were also

agreed to. They have sent the passport without being pressed to do it,

and they have sent no letters to go under it, and ours will prevent

the inconvenience apprehended. In a subsequent conversation your

Excellency mentioned your intention of sending some of the King's

cutters, whence I imagined, that detaining the Washington was no

longer necessary; and it was certainly incumbent on us to give

Congress as early an account as possible of our proceedings, who will

think it extremely strange to hear of them by other means, without a

line from us. I acquainted your Excellency, however, with our

intention of despatching that ship, supposing you might possibly have

something to send by her.

Nothing has been agreed in the preliminaries contrary to the interests

of France; and no peace is to take place between us and England, till

you have concluded yours. Your observation is, however, apparently

just, that in not consulting you before they were signed, we have been

guilty of neglecting a point of _bienséance_. But as this was not from

want of respect for the King, whom we all love and honor, we hope it

will be excused, and that the great work, which has hitherto been so

happily conducted, is so nearly brought to perfection, and is so

glorious to his reign, will not be ruined by a single indiscretion of

ours. And certainly the whole edifice sinks to the ground immediately,

if you refuse on that account to give us any further assistance.

We have not yet despatched the ship, and I beg leave to wait upon you

on Friday for your answer.

It is not possible for any one to be more sensible than I am, of what

I and every American owe to the King, for the many and great benefits

and favors he has bestowed upon us. All my letters to America are

proofs of this; all tending to make the same impressions on the minds

of my countrymen, that I felt in my own. And I believe, that no Prince

was ever more beloved and respected by his own subjects, than the King

is by the people of the United States. _The English, I just now

learn, flatter themselves they have already divided us._ I hope this

little misunderstanding will therefore be kept a secret, and that they

will find themselves totally mistaken.

With great and sincere respect, I am, Sir, your Excellency's most

obedient and most humble servant,

B. FRANKLIN.

* * * * *

TO ROBERT R. LIVINGSTON.

Passy, December 24th, 1782.

Sir,

Sundry circumstances occurring since mine of the 5th and 14th, have

hitherto retarded the departure of our despatches. They will now go

under the security of a British passport, be accompanied by a sum of

money, and by some further intelligence from England, which shows the

still unsettled state of minds there, and, together with the

difficulties and small progress in the Dutch and Spanish negotiations,

makes the speedy conclusion of peace still uncertain.

The Swedish Ambassador has exchanged full powers with me. I send a

copy of his herewith. We have had some conferences on the proposed

plan of our treaty, and he has despatched a courier for further

instructions respecting some of the articles.

The Commissioners have joined in a letter to you, recommending the

consideration of a proposal from Mr Bridgen, relating to copper coin.

With this you have a copy of that proposal, and a sample of the

copper. If it should be accepted, I conceive the weight and value of

the pieces (charge of coinage deducted) should be such that they may

be aliquot parts of a Spanish dollar. By the copy enclosed, of an old

letter of mine to Mr Bridgen, you will see the ideas I had of the

additional utility such a coinage might be of, in communicating

instruction.[10]

_December 25th_. Enclosed is a copy of a letter just received from the

Count de Vergennes, upon the present state of negotiation with

England.[11]

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

B. FRANKLIN.

FOOTNOTES:

[10] See this letter in Volume III. p. 106.

[11] This refers to a letter, which has been already printed under a

wrong date. See above, p. 21.

* * * * *

_Powers of the Swedish Ambassador to treat._

Translation.

Gustavus, by the Grace of God, King of Sweden, of the Goths and

Vandals, &c. &c. &c. Heir of Norway, Duke of Sleswick-Holstein, of

Stormaria, and of Ditmarsen, Count of Oldenburgh and of Delmenhorst,

&c. &c. makes known, that the United States of North America, viz. New

Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New

Jersey, Pennsylvania, the Counties of New Castle, Kent, and Sussex, on

the Delaware, Maryland, Virginia, North and South Carolina, and

Georgia, having obtained the fruit of their courage and constancy, and

their Independence being duly and solidly acknowledged and

established; We, in consequence of our desire to concur with them in

the establishment of certain fixed rules, by which a reciprocal and

advantageous commerce may be carried on between Sweden and North

America, which may be permanent between the two nations, have

nominated, constituted, and appointed, and by these presents do

nominate, constitute, and appoint our very dear and well beloved Count

Gustavus Philip de Creutz, our Ambassador Extraordinary at the Court

of France, Knight and Commander of our Orders, and we give him full

powers to confer with whomsoever the United States shall have

furnished with their powers in due form, to agree on, conclude, and

sign such Treaty of Amity and Commerce between us and the said United

States, as shall be reciprocally advantageous to our subjects,

promising, on our word of a King, to agree to everything that our said

Ambassador shall stipulate, promise, and sign in virtue of the present

power, as likewise to make out the ratifications in proper form, and

to deliver them to be exchanged at such time as shall be agreed on by

the treaty so to do. In faith of which, we have signed these presents

with our own hand, and have caused our royal seal to be thereunto

affixed.

GUSTAVUS.

COUNT ULR. SCHEFFER.

* * * * *

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, January 2d, 1783.

Sir,

I was honored with your letters by the Danae. I congratulate you upon

the promising state of our negotiations, since peace begins to be no

less desirable here than elsewhere.

But I will not enter into that subject at present, as I mean to write

very fully both to Mr Jay and you by Mr Jefferson, who will sail in

company with this frigate in the Romulus, a ship of fortyfour guns.

Lest, however, any accident should happen to prevent his arriving so

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 presume that it

is already included in your propositions, but as we have yet been

favored only with that short note of them, which has been transmitted

by you, we can form no accurate 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 de Rochambeau, that the French army

sailed the 24th ult. Perhaps it were to be wished that 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 your salaries, which

will, I believe, be altered. The allowance to Mr Franklin has been

confirmed, and your moderation and his upon this point have done you

both honor in the opinion of Congress.

I have the honor to be, Sir, &c.

ROBERT R. LIVINGSTON.

* * * * *

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, January 6th, 1783.

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 submitted to their consideration.

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

persons who are qualified, they fear, that the only inducement to

accept the appointment will be taken away by this prohibition. Mr

Barclay's letter on that subject is under consideration.

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 country. 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 no

adequate 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 favored nation, may be entitled to the same

privileges, even though they do not purchase them by a reciprocal

grant.

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 conveniently be done.

I am more and more convinced, that every means in your power must be

used to secure the fisheries. They are essential to some States, and

we cannot but hate the nation, that keeps us from using this common

favor of Providence. It was one of the direct objects for carrying on

the war. While I am upon this subject, I cannot but express my hope,

that every means will be used to guard against any mistrusts or

jealousies between you and France. The United States have shown their

confidence in her by their instructions. She has repeatedly promised

to 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 transmit 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 am glad to find you have some prospect of obtaining what is due on

the Bon Homme 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 certainly has

been very exceptionable.

Congress have 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 estimates of the 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 now 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' salary you had drawn before it came to hand. You will

have bills for a third quarter, which have been sent on some time

since.

Several important political events have taken place here lately. The

evacuation of Charleston, the sailing of the French fleet and the

army, the decision of the great cause between Connecticut and

Pennsylvania, in favor of the latter, the state of the army, &c., all

of which I should enlarge upon, if this was not to be delivered by Mr

Jefferson, who will be able to inform you fully on these points and

many others, that you will deem important to a right knowledge of the

present state of this country.[12]

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.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

FOOTNOTE:

[12] Mr Jefferson did not go, as was here expected. See his reasons

in his _Memoir, Correspondence, &c._ Vol. I. p. 41.

* * * * *

TO RICHARD OSWALD.

Passy, January 14th, 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

considered by my colleagues, but if you should think 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 honor to the nations that

establish it.

With great and sincere esteem, I am, Sir, your most obedient and most

humble servant,

B. FRANKLIN.

* * * * *

_Propositions relative to Privateering, communicated to Mr

Oswald._

It is for the interest of humanity in general, that the occasions of

war, and the inducements to it should be diminished.

If rapine is abolished, one of the encouragements to war is taken

away, and peace therefore more likely to continue and be lasting.

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