This is therefore most earnestly to recommend to every one of you,

that in case the said ship, which is now expected to be soon in the

European seas on her return, should happen to fall into your hands,

you would not consider her as an enemy, nor suffer any plunder to be

made of the effects contained in her, nor obstruct her immediate

return to England, by detaining her or sending her into any other part

of Europe or America, but that you would treat the said Captain Cook

and his people with all civility and kindness, affording them, as

common friends to mankind, all the assistance in your power, which

they may happen to stand in need of. In so doing, you will not only

gratify the generosity of your own dispositions, but there is no doubt

of your obtaining the approbation of Congress, and of your own

American owners.

I have the honor to be, &c.

B. FRANKLIN,

_Minister Plenipotentiary from the Congress of the_

_United States to the Court of France_.

* * * * *

TO DAVID HARTLEY.

Passy, March 21st, 1779.

Dear Sir,

I received duly yours of the 2d instant. I am sorry you have had so

much trouble in the affair of the prisoners. You have been deceived as

well as I. No cartel ship has yet appeared; and it is now evident,

that the delays have been of design, to give more opportunity of

seducing the men by promises and hardships to seek their liberty in

engaging against their country; for we learn from those who have

escaped, that there are persons continually employed in cajoling and

menacing them; representing to them that we neglect them; that your

government is willing to exchange them; and that it is our fault it is

not done; that all the news from America is bad on their side; we

shall be conquered and they will be hanged, if they do not accept the

gracious offer of being pardoned, on condition of serving the King,

&c. A great part of your prisoners have been kept these six months on

board a ship in Brest road, ready to be delivered; where I am afraid

they were not so comfortably accommodated, as they might have been in

French prisons. They are now ordered on shore. Doctor Bancroft has

received your letter here. He did not go to Calais.

Knowing how earnestly and constantly you wish for peace, I cannot end

a letter to you without dropping a word on that subject, to mark that

my wishes are still in unison with yours. After the barbarities your

nation has exercised against us, I am almost ashamed to own that I

feel sometimes for her misfortunes and her insanities. Your veins are

open, and your best blood continually running. You have now got a

little army into Georgia, and are triumphing in that success. Do you

expect ever to see that army again? I know not what General Lincoln or

General Thomson may be able to effect against them, but if they stay

through the summer in that climate, there is a certain _General

Fever_, that I apprehend will give a good account of most of them.

Perhaps you comfort yourselves that our loss of blood is as great as

yours. But as physicians say, there is a great difference in the

facility of repairing that loss between an old body and a young one.

America adds to her numbers annually one hundred and fifty thousand

souls. She, therefore, grows faster than you can diminish her, and

will out-grow all the mischief you can do her. Have you the same

prospects? But it is unnecessary for me to represent to you, or you to

me, the mischiefs that each nation is subjected to by the war; we all

see clear enough the nonsense of continuing it; the difficulty is,

where to find sense enough to put an end to it.

Adieu, my dear friend, and believe me, &c.

B. FRANKLIN.

* * * * *

DAVID HARTLEY TO B. FRANKLIN.

London, April 22d, 1779.

My Dear Friend,

The bearer of this, and some other papers, is a very sensible and

worthy gentleman, with whom I had the pleasure of contracting an

acquaintance since the commencement of the American troubles,

originally upon the business of the American prisoners. It is a

satisfaction to me at all times to have found him a friend to the

restoration of peace between the two countries. It has likewise been

an additional satisfaction and confirmation to me in my own thoughts

upon that subject, to find that his sentiments, I think upon most, or

all of the subjects upon which we have conversed, have coincided with

mine. We both seem possessed of the opinion, that some plan of opening

a negotiation upon preliminaries, which each side might find to be a

sufficient security to itself, might be practicable; and then your

sentiment, which you gave me in a letter some years ago, might have

its free scope and effect, viz, _A little time given for cooling might

have excellent effects_.

The sentiments I have opened to you in my late letters for some months

past, and which I have reduced in an enclosed paper into a more

specific shape, seem to me, upon very repeated reflection, to promise

the fairest ground of good expectation. These propositions originate

from myself, as a mediator; I have communications with both sides, but

certainly no authority to make proposals from either; and perhaps

neither side, if I were to make the propositions separately to each,

(being myself unauthorised) might give me positive consent. Each side

separately might say, No, from what is called political prudence; and

yet each side might secretly wish that the offer could be made, with a

_done first_, from the other party. I think the proposition of a truce

for five or seven years, leaving all things in the present dispute _in

status quo_, must be advantageous to all parties, if it were only in

consideration that a general satisfactory peace to all parties _may_

come among the _excellent effects of time given for cooling_. We can

but fight it out at last. War never comes too late; wisdom may step in

between. These matters have stolen upon us, and have arisen to great

and formidable consequences, from small and unexpected beginnings; but

henceforward, we should know by experience what to expect. If the rage

of war could but be abated for a sufficient length of time for reason

and reflection to operate, I think it would never revive. I cannot

pretend to forecast the result of any negotiation, but I think war

would not revive; which is all that I want for my argument. Peace is a

_bonum in se_; whereas the most favorable events of war are but

relatively lesser evils; certainly they are evils; _mala in se_, not

_bona in se_.

I hope that a cessation of hostilities would produce a renewal of

reflection; but even to take the argument at the worst advantage, the

two parties are at a cooling distance of three thousand miles asunder.

If the flames of war could be but once extinguished, does not the

Atlantic ocean contain cold water enough to prevent them bursting out

again? I am very strongly of opinion that the two nations of Great

Britain and North America, would accord to the proposition of a truce

_for cooling_. I cannot say whether a British ministry would accord to

it, because they will not tell me; nor can I say whether an American

Plenipotentiary would accord to it, because, probably, you will not

tell me. I put myself into your hands, however, when I tell you

frankly, I am of opinion that both would accord to it, if there could

be a _done first_ on either side, to bind the bargain fast. You have

the odds of me in this matter, because you know one half of the

question; and I cannot give you any proof on the other side, but only

my own presumptive judgment upon observation, and upon a course of

reasoning in my own thoughts.

But for France. My judgment would be, that if the proposition of the

proposed preliminaries should be agreeable to America, France would do

very unhandsomely to defeat it by their refusal. I likewise think it

the interest of France, because their interest leads them to go to a

certain point, and no further. There is a disparity in the operation

of the terms of the alliance on the part of France, and on the part of

America. The more vigorously France interposes, the better for

America; in proportion to their exertions, they create, less or more,

a diversion of the British force; this reasoning goes straight forward

for America; but it is not so with France. There is a certain point to

France, beyond which their work would fail, and recoil upon

themselves; if they were to drive the British Ministry totally to

abandon the American war, it would become totally a French war. The

events of a twelvemonth past seem to bear testimony to this course of

reasoning. The disadvantage upon the bargain to America is, that the

efficacy of the French alliance to them presupposes their continuance

in the war. The demur to France is, that the liberation of their new

ally recoils with double weight of the war upon themselves, without

any ulterior points of advantage in view, as dependent upon that

alliance. I think the interest of all parties coincides with the

proposition of preliminaries.

The proposed preliminaries appear to me to be just and equitable to

all parties; but the great object with me is to come to some

preliminaries. I could almost add, whatever those preliminaries might

be, provided a suspension of arms for an adequate term of years were

one, I think it would be ten thousand to one against any future

renewal of the war. It is not necessary to enter at large into the

reasons which induce me to think, that the British Ministry, as well

as the American Plenipotentiary, would consent to the terms of the

proposed preliminaries; for indeed I do not know that I am founded in

that opinion with respect to either, but still I believe it of both.

But what can a private person do in such a case, wishing to be a

mediator for peace, having access to both parties, but equally

uncertain of the reception of his mediation on either side? I must

hesitate to take any public step, as by a proposition in Parliament,

or by any other means to drive the parties to an explanation upon any

specific proposals; and yet I am very unwilling to let the session

pass without some proposition, upon which the parties may meet, if

they should be so inclined, as I suspect them to be. I have been

endeavoring to feel pulses for some months, but all is dumb show. I

cannot say that I meet with anything discouraging, to my apprehension,

either as to equitableness or practicability of the proposition for

preliminaries. If I could but simply receive sufficient encouragement,

that I should not run any hazard of obstructing any other practicable

propositions by obtruding mine, I should be very much satisfied to

come forward in that case with mine, to furnish a beginning at least,

which might lead to peace.

There is nothing that I wish so much as to have an opportunity of

seeing and conversing with you, having many things to say to you; but

if that cannot yet happen, I have only to say, that whatever

communication you may think proper to make to me, which may lead to

peace, you may be assured that I shall be most strenuous in applying

it to that end. In all cases of difficulty in human life, there must

be confidence somewhere, to enable us to extricate nations from the

evils attendant upon national disputes, as they arise out of national

passions, jealousies, and points of honor. I am not sure whether the

extreme caution and diffidence of persons in political life be not the

cause, almost as frequently, of the unnecessary protraction of the

miseries of war, as of the final production of any superior good to

any State. Peace now is better than peace a twelvemonth hence, at

least by all the lives that may be lost in the meanwhile, and by all

the accumulated miseries that may intervene by that delay. When I

speak of the necessity of confidence, I would not have you to think,

that I trust to all professions, promiscuously, with confidence; my

thoughts are free respecting all parties; and for myself, if I thought

it necessary for the end of attaining any additional confidence in

your esteem, to enable me to co-operate the more effectually towards

the restoration of peace, there is nothing that I would wish you to be

assured of but this; that no fallacious offers of insincerity, nor any

pretexts for covering secret designs, or for obtaining unfair

advantages, shall ever pass through my hands.

Believe me truly to be, not only a lover of my country, but a sincere

friend to peace and to the rights of mankind; and ever most

affectionately yours.

D. HARTLEY.

* * * * *

_Observations by Mr Hartley._

Lord North consented to Mr Hartley's proposition, for endeavoring to

procure from the American Plenipotentiary or Plenipotentiaries some

opening, that they would be willing to commence a parley, on

propositions of peace between Great Britain and America; and supposed

the terms, which Mr Hartley had in view, would be something like a

tacit cession of independence to America, with a truce for a certain

term of years, to serve as a basis for a general treaty of

accommodation and final settlement.

This last application (which was made on the 20th of April, 1779) of

Mr Hartley to Lord North, after several previous conferences on the

subject, is the ground of the present confidential communication with

Dr Franklin, on the part of Mr Hartley, who states to Dr Franklin, as

he did to Lord North, that an auspicious beginning of a negotiation is

_dimidium facti_.

Mr Hartley's ideas of the probable course of the negotiation would be

to the following effect;

1. Five Commissioners (or any three of them) to be appointed on the

part of His Britannic Majesty to treat, consult, and agree upon the

final settlement and pacification of the present troubles, upon safe,

honorable, and permanent terms, subject to ratification by Parliament.

2. That any one of the aforesaid Commissioners may be empowered to

agree, as a preliminary, to a suspension of hostilities by sea and

land, for a certain term of five or seven years.

3. That any one of the aforesaid Commissioners be empowered to agree,

as a second preliminary, to suspend the operation and effect of any

and all acts of Parliament respecting America, for a certain term of

five or seven years.

4. That it is expected, as a third preliminary, that America should be

released, free and unengaged, from any treaties with foreign powers,

which may tend to embarrass or defeat the present proposed

negotiation.

5. That a general treaty for negotiation shall be set on foot as soon

as may be, after the agreement of the foregoing preliminaries.

* * * * *

_N. B._ A doubt seeming to arise from Lord North, relative to the

probability of any explanatory communication on the part of Dr

Franklin, Mr Hartley expressed, he thought it possible, that as a

known friend to peace, he might be considered by Dr Franklin as a

depot of any communications, which may serve from time to time to

facilitate the terms of peace; which therefore prevents this

communication from being considered as any direct overture from Lord

North to Dr Franklin, or from Dr Franklin to Lord North; but as it is

merely a mediatorial proposition of Mr Hartley, as a private person,

for the purpose of bringing the parties to a parley.

* * * * *

INSTRUCTIONS

_To John Paul Jones, Commander of the

American Squadron in the Service of the United States, now in the

Port of L'Orient._

1st. His Majesty, having been pleased to grant some troops for a

particular expedition, proposed to annoy our common enemy, in which

the sea-force under your command might have an opportunity of

distinguishing itself, you are to receive on board the ships of war,

and the other vessels destined for that purpose, the troops that shall

present themselves to you, afford them such accommodation as may be

most proper for preserving their health, and convey them to such port

or place as their commander shall desire to land them at.

2dly. When the troops are landed, you are to aid, by all means in your

power, their operations, as they will be instructed in like manner to

aid and support those you may make with your ships, that so by this

concurrence and union of your different forces, all that such a

compounded strength is capable of may be effected.

3dly. You are during the expedition never to depart from the troops,

so as not to be able to protect them in case of a repulse, and in all

events you are to endeavor to effect their complete re-embarkation on

board the ships and transports under your command, when the expedition

shall be ended.

4thly. You are to bring to France all the English seamen you may

happen to take prisoners, in order to complete the good work you have

already made such progress in, of delivering by an exchange the rest

of our countrymen now languishing in the gaols of Great Britain.

5thly. As many of your officers and people have lately escaped from

English prisons, either in Europe or America, you are to be

particularly attentive to their conduct towards the prisoners, which

the fortune of war may throw into your hands, lest resentment of the

more than barbarous usage by the English in many places towards the

Americans should occasion a retaliation, and an imitation of what

ought rather to be detested and avoided, for the sake of humanity and

for the honor of our country.

6thly. In the same view, although the English have burnt wantonly many

defenceless towns in America, you are not to follow this example,

unless where a reasonable ransom is refused, in which case your own

generous feelings, as well as this instruction, will induce you to

give timely notice of your intention, that sick and ancient persons,

women, and children may be first removed.

Done at Passy, this 28th day of April, 1779.

B. FRANKLIN,

_Minister Plenipotentiary from the United_

_States to the Court of France_.

* * * * *

TO DAVID HARTLEY.

Passy, May 4th, 1779.

Dear Sir,

I received your several favors, viz. one of April the 10th, one of the

20th, and two of the 22d, all on the same day, but by different

conveyances.

I need not repeat, what we have each of us so often repeated, the wish

for peace. I will begin, by frankly assuring you, that though I think

a direct, immediate peace, the best mode of present accommodation for

Britain, as well as for America, yet if that _is not_ at this time

practicable, and a truce is practicable, I should not be against a

truce; but this is merely on motives of _general humanity_, to obviate

the evils men devilishly inflict on men in time of war, and to lessen

as much as possible the similarity of earth and hell. For with regard

to particular advantages, respecting the States I am connected with, I

am persuaded it is theirs to continue the war, till England shall be

reduced to that perfect impotence of mischief, which alone can prevail

with her to let other nations enjoy, "_Peace, Liberty, and Safety_." I

think, however, that a _short_ truce, which must, therefore, be an

_armed_ truce, and put all parties to an almost equal expense with a

continued war, is by no means desirable.

But this proposition of a truce, if made at all, should be made to

France at the same time it is made to America. They have each of them

too much honor, as well as too much sense, to listen separately to any

propositions, which tend to separate them from each other.

I will now give you my thoughts on your ideas of a negotiation, in the

order you have placed them. If you will number them in your copy, you

will readily see to which my observations refer, and I may therefore

be more concise.

_To the 1st_,--I do not see the necessity or use of five

Commissioners. A number of talkers lengthens discussions, and often

embarrasses instead of aiding a settlement. Their different particular

views, private interests, and jealousies of each other, are likewise

so many rubs in the way, and it sometimes happens, that a number

cannot agree to what each privately thinks reasonable, and would have

agreed to, or perhaps proposed, if alone. But this as the parties

please.

_To the 2d_,--The term of twentyone years would be better for all

sides. The suspension of hostilities should be expressed to be between

all parties at war; and that the British troops and ships of war now

in any of the United States be withdrawn.

_To the 3d_,--This seems needless, and is a thing that may be done or

omitted as you please; America has no concern about those acts of

parliament.

_To the 4th_,--The reason of proposing this is not understood, nor the

use of it, nor what inducement there can be for us to agree to it.

When you come to treat with both your enemies, you may negotiate away

as much of these engagements as you can; but powers, who have made a

firm solid league, evidently useful to both, can never be prevailed

with to dissolve it, for the vague expectation of another _in

nubibus_; nor even on the certainty, that another will be proposed,

without knowing what are to be its articles. America has no desire of

being free from her engagements to France. The chief is, that of

continuing the war in conjunction with her, and not making a separate

peace; and this is an obligation not in the power of America to

dissolve, being an obligation of _gratitude and justice_ towards a

nation, which is engaged in a war on her account, and for her

protection; and would be forever binding, whether such an article

existed or not in the treaty; and though it did not exist, an honest

American would cut off his right hand, rather than sign an agreement

with England contrary to the spirit of it.

_To the 5th_,--As soon as you please.

If you had mentioned France in your proposed suspension of arms, I

should have immediately shown it to the Minister, and have endeavored

to support that idea. As it stands, I am in doubt whether I shall

communicate your paper or not, though by your writing it is so fair it

seems as if you intended it. If I do, I shall acquaint you with the

result.

The bill, of which you send me a copy, was an excellent one at the

time, and might have had great and good effects, if, instead of

telling us haughtily, that our humble petition should receive no

answer, the Ministry had received and enacted that bill into a law. It

might have erected a wall of brass round England, if such a measure

had been adopted, when Friar Bacon's brazen head cried out, TIME IS!

But the wisdom of it was not seen, till after the fatal cry of TIME'S

PAST!

I am, my dear friend, &c.

B. FRANKLIN.

* * * * *

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Passy, May 26th, 1779.

Gentlemen,

The Marquis de Lafayette, who arrived here the 11th of February,

brought me yours of October 28th, and the new commission, credentials,

and instructions, which the Congress have honored me with. I have not

since had an opportunity of writing, that I could trust, for I see by

several instances, the orders given to private captains to throw their

despatches into the sea, when likely to be taken, are sometimes

neglected, and sometimes so badly executed, that the letters are

recovered by the enemy, and much inconvenience has attended their

interception. You mention, that you should speedily have opportunities

of forwarding duplicates, and triplicates of the papers; none of them

has ever come to hand, nor have I received any other line from you of

later date.

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