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 authorises 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 labor of so
many men during the time they have been employed in robbing; who
besides spend what they get in riot, drunkenness, and debauchery, lose
their habits of industry, are rarely fit for any sober business after
a 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 unfeelingly 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 islands, 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 the sugar, and the ships that bring it home. 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
transportation, and the numbers that die under the 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 custom houses of the nation
that consumed it. And, on the whole, I conceive it would be better for
the nations now possessing sugar colonies to give up their claim to
them, let them govern themselves, and put them under the protection of
all the powers of Europe as neutral countries, open to the commerce of
all, the profits of the present monopolies being by no means
equivalent to the expense of maintaining them.
* * * * *
COUNT DE VERGENNES TO B. FRANKLIN.
Translation.
Versailles, January 18th, 1783.
Sir,
It is essential that I should have the honor of conferring with you,
Mr Adams, and your other colleagues, who are in Paris. I therefore
pray you to invite these gentlemen to come out to Versailles with you
on Monday, before ten o'clock in the morning. It will be well, also,
if you will bring your grandson. It will be necessary for much
writing and translating from English into French to be done. The
object for which I ask this interview is very interesting to the
United States.
I have the honor to be, Sir,
DE VERGENNES.
* * * * *
TO COUNT DE VERGENNES.
Passy, January 18th, 1783.
Sir,
Agreeably to the notice just received from your Excellency, I shall
acquaint Mr Adams with your desire to see us on Monday before ten
o'clock, at Versailles; and we shall endeavor to be punctual. My other
colleagues are absent; Mr Laurens being gone to Bath, in England, to
recover his health, and Mr Jay into Normandy. I shall bring my
grandson, as you direct.
With great respect, I have the honor to be, &c.
B. FRANKLIN.
* * * * *
BENJAMIN VAUGHAN TO B. FRANKLIN.
Paris, January 18th, 1783.
My Dearest Sir,
I cannot but in the most earnest manner, and from recent
circumstances, press your going early to Versailles tomorrow; 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 tomorrow
evening end unfavorably, that there is the strongest appearance of
war; if they end favorably, 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 about Gibraltar
arrived after the subject, as I understand, was canvassed, and when it
of course must have appeared impolitic eagerly and immediately to
revive it.
You reproved me, or rather reproved a political scheme yesterday, of
which I have heard more said favorably 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 sense to me the other day, will come out of the war like
a convalescent out of disease, and must be re-established by some
physic and much regimen. I cannot easily tell in what shape a
bankruptcy would come upon England, and still less easily in what mode
and degree it would affect us; but if your confederacy mean to
bankrupt us now, I am sure we shall lose the great fear that would
deter us from another war. 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 to others, as well as to
ourselves.
I am, my dearest Sir, your devoted, ever affectionate, and ever
obliged,
B. VAUGHAN.
* * * * *
TO JOHN ADAMS.
Passy, January 19th, 1783.
Sir,
Late last night I received a note from Count de Vergennes, acquainting
me that it is very essential he should have a conference with us, and
requesting that I would inform my colleagues. He desires that we may
be with him before ten on Monday morning. If it will suit you to call
here, we may go together in my carriage. We should be on the road by
eight o'clock.
With great regard, I have the honor to be, &c.
B. FRANKLIN.
* * * * *
TO ROBERT R. LIVINGSTON.
Passy, January 21st, 1783.
Sir,
I have just received your letters of November 9th and December 3d.
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
principal points are settled. Mr Laurens is absent at Bath, and Mr Jay
in Normandy, for 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 so speedily this
glorious Revolution, and am, with great esteem, Sir, &c.
B. FRANKLIN.
* * * * *
JOHN JAY TO B. FRANKLIN.
Paris, January 26th, 1783.
Sir,
It having been suspected, that I concurred in the appointment of your
grandson to the place of Secretary to the American commission for
peace _at your instance_, I think it right, thus unsolicited, to put
it in your power to correct the mistake.
Your general character, the opinion I had long entertained of your
services to our country, and the friendly attention and aid with which
you had constantly favored me after my arrival in Spain, impressed me
with a desire of manifesting both my esteem and attachment by stronger
evidence than professions. That desire extended my regard for you to
your grandson. He was then indeed a stranger to me, but the terms in
which you expressed to Congress your opinion of his being qualified
for another place of equal importance, were so full and satisfactory,
as to leave me no room to doubt of his being qualified for the one
above mentioned. I was, therefore, happy to assure you, in one of the
first letters I afterwards wrote you from Spain, that in case a
Secretary to our commission for peace should become necessary, and the
appointment be left to us, I should take that opportunity of evincing
my regard for you, by nominating him, or words to that effect. What I
then wrote, was the spontaneous suggestion of my own mind,
unsolicited, and I believe unexpected by you.
When I came here on the business of that commission, I brought with me
the same intentions, and should always have considered myself engaged
by honor, as well as inclination, to fulfil them, unless I had found
myself mistaken in the opinion I had imbibed of that young gentleman's
character and qualifications; but that not being the case, I found
myself at liberty to indulge my wishes, and be as good as my word. For
I expressly declare, that your grandson is, in my opinion, qualified
for the place in question, and that, if he had not been, no
consideration would have prevailed upon me to propose, or join in his
appointment.
This explicit and unreserved statement of facts is due to you, to him,
and to justice, and you have my consent to make any use of it that you
may think proper.
I have the honor to be, Sir, with great respect,
JOHN JAY.
* * * * *
FROM M. ROSENCRONE, MINISTER OF FOREIGN AFFAIRS IN DENMARK,
TO M. DE WALTERSTORFF.
Translation.
Copenhagen, February 22d, 1783.
Sir,
As I know you are on the point of making a tour to France, I cannot
omit warmly recommending to you to endeavor, during your stay at
Paris, to gain as much as possible, the confidence and esteem of Mr
Franklin.
You will recollect, Sir, what I said to you in our conversations, of
the high respect which all the King's Ministry have for that Minister.
You have witnessed the satisfaction with which we have learned the
glorious issue of this war for the United States of America, and how
fully we are persuaded, that it will be for the general interest of
the two States to form, as soon as possible, reciprocal connexions of
friendship and commerce. Nothing, certainly, would be more agreeable
to us, than to learn by your letters, that you find the same
dispositions in Mr Franklin, and in that case it seems to me the
shortest way of accelerating these new connexions would be to take the
treaty between the Congress and the States-General for the basis, and
that Mr Franklin should communicate to us his ideas on the changes or
additions which he might think reciprocally useful in the treaty of
commerce, which Congress might conclude with us.
We should eagerly and frankly reply to such overtures; and, as soon as
the changes thus agreed on shall have met the approbation of Congress,
one of the persons commissioned by that body, then in Europe, might,
in order to gain time, come here with full powers to conclude, leaving
on both sides the most particular stipulations for the negotiations of
the Ministers which those States shall, in the sequel, send to reside
with each other.
I shall finish, Sir, with hoping that you may happily terminate the
visits you have proposed to make to the different parts of France; and
it is with sentiments of the most distinguished respect, that
I have the honor to be, &c.
ROSENCRONE.
* * * * *
TO ROBERT R. LIVINGSTON.
Passy, March 7th, 1783.
Sir,
I but this moment hear of this opportunity, by which I can only send
you a line to acquaint you, that I have concluded the treaty with
Sweden, which was signed on Wednesday last. You will have a copy by
the first good opportunity. It differs very little from the plan sent
me; in nothing material.[13] The English Court is in confusion by
another change of Ministry, Lord Shelburne and his friends having
resigned; but it is not yet certainly known who will succeed, though
Lord North and Mr Fox are talked of as two, they being reconciled!! I
cannot add, but that I am, with great esteem, Sir, &c.
B. FRANKLIN.
_P. S._ The change in the Ministry is not supposed of any importance
respecting our definitive treaty, which must conform to the
preliminaries; but we shall see.
FOOTNOTE:
[13] This treaty is printed in the public _Journals of Congress_,
Vol. IV. p. 241, under the date of July 29th, 1783.
* * * * *
DAVID HARTLEY TO B. FRANKLIN.
London, March 12th, 1783.
My Dear Friend,
It is a long while since I have heard from you, or indeed since I
wrote to you. I heartily congratulate you on those pacific events,
which have already happened, and I wish to see all other final steps
of conciliation succeed speedily. I send you copies of two papers,
which I have already communicated to Mr Laurens; the one called
_Conciliatory Propositions, in March, 1783_; the other _A Sketch of a
Provisional Treaty of Commerce for opening the Ports between Great
Britain and the United States of America without Delay_; to each of
which is prefixed a short state of the argument on each head.
As for the news of this country, you have doubtless heard, that Lord
Shelburne's administration has for some time been considered as at an
end; although no other has been as yet substituted in the place of it.
It was understood yesterday, and I believe with good foundation, that
what is now called the Portland party have been applied to, and they
are now considered as the party most likely to succeed. As far as my
wishes go, such an event would be most satisfactory to me. I have
known the Duke of Portland for many years, and by experience I know
him to be a nobleman of the strictest honor, and of the soundest whig
principles, sincere and explicit in every thought and transaction,
manly in his judgment, and firm in his conduct. The kingdom of
Ireland, of which he was lately Lord Lieutenant, bears unanimous
testimony to this character of him. The Cavendish family, (a good whig
name) Mr Fox, Lord Fitzwilliam, &c. &c. form the core of his system
and connexions. I most earnestly wish to see a firm administration
upon a whig foundation, which I should consider as a solid basis, on
the part of this country, for a perpetual correspondence of amity and
conciliation with America. I am very anxious to hear of your health.
God bless you.
Ever your most affectionate,
D. HARTLEY.
* * * * *
_Conciliatory Propositions, March, 1783._
Terms of peace having been agreed upon between Great Britain and
France, on the 20th of January, 1783, there need not be any further
delay in proceeding to conclude the proposed treaty between Great
Britain and the United States of America, upon the basis of the
provisional articles of the 30th of November, 1782.
It is to be observed, that none of the articles of the provisional
treaty are to take effect, until the conclusion of the definitive
treaty with America, at which time likewise all places in the American
States, in possession of the British arms, are to be evacuated, and
the British army withdrawn from the United States (by article 7.) If
therefore it should be wished on the part of Great Britain to bring
forward the fifth article respecting the loyalists, before the
conclusion of the definitive treaty with America, the bayonet should
be withdrawn from the American breast, by the voluntary removal of the
British troops with all convenient despatch. This condition of the
removal of the troops is likewise necessary, before any provisional
terms of commerce with America can take place.
By the 6th article of the provisional treaty, all future confiscations
in America are precluded, although the prosecutions at present
subsisting are not to be stopped before the definitive treaty. But if
the substantial pledge of returning amity on the part of Great
Britain, viz. the removal of the troops should be voluntarily
anticipated, it would be but reasonable that all prosecutions should
be immediately abated on the part of America; and to facilitate the
removal of the troops, the loyalists may be permitted to remain in
safety and unmolested, (if they choose to remain) from the period of
removing the troops, until twelve months after the definitive treaty.
There is another article of the provisional treaty, the delay of which
is much to be lamented, viz. the mutual release of prisoners of war on
both sides. As this is an article of reciprocity, both sides from
principles of humanity are equally interested to bring it forward into
effect speedily, that those unhappy captives may not alone suffer the
miseries of war in the time of peace.
Upon these considerations, the following supplemental terms of a
treaty between Great Britain and the United States are proposed.
1. That the British troops shall be withdrawn with all convenient
speed.
2. That the commissioners on both sides do proceed to the conclusion
of the definitive treaty.
3. That the commissioners do speedily negotiate a provisional
convention of commerce (hereunto annexed) to take place immediately.
The terms of this temporary convention, not to be pleaded on either
side in the negotiation of final and perpetual treaty of commerce,
between Great Britain and the United States.
4. That the commissioners do negotiate a perpetual treaty of commerce.
5. That all prosecutions of the loyalists in America be immediately
abated, and that they be permitted to remain until twelve months after
the definitive treaty, unmolested in their endeavors to obtain
restitution of their estates.
6. That all prisoners on both sides be immediately released.
7. That intercourse of amity and commerce do immediately take place
between Great Britain and the United States of America.
* * * * *
_Sketch of a Provisional Treaty of Commerce._
As soon as preliminaries of peace are signed with any independent
States, such as Spain, France, and Holland, the course of mutual
commerce emerges upon the same terms and conditions as were existing
antecedent to the war, the new duties imposed during the war excepted.
The case between Great Britain and America is different, because
America, from a dependent nation before the war, emerges an
independent nation after the war. The basis, therefore, of a
provisional treaty between Great Britain and the United States would
be simply to arrange such points as would emerge after the war,
impracticable and discordant to the newly established independence of
the American States, and to leave all others, as much as possible,
untouched. For instance, that all instrumental regulations, such as
papers, bonds, certificates, oaths, and all other documents should be,
between Great Britain and the United States, upon the same footing,
and no other than as between Great Britain and any other independent
nation, but that all duties, drawbacks, bounties, rights, privileges,
and all pecuniary considerations, should emerge into action and effect
as before. I say emerge as before, not stipulated for any fixed term,
because I am speaking of a provisional _treaty_, not of a provisional
_bill_ of commerce, for a specified period. By this means, all
difficulties, which otherwise would be accumulated, 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
customhouse officers in America. The questions of drawbacks, bounties,
&c. after opening the ports, may remain free points of discussion 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 merchandise 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.
* * * * *
TO DAVID HARTLEY.
Passy, March 23d, 1783.
Dear Sir,