_January 25th._ I have just seen Mr Alexander, and have talked the

matter over with him. I send you a copy of his sentiments upon it,

which, for the sake of avoiding further mistakes, he committed to

paper, and which, I think, justify me in saying, that I understood

from him, that France was _disposed to give their consent_, as he

_explained_ it to me, and as I explained it to the Minister. He did

not say, nor did I understand him to say, that he was _authorised_ by

the French Ministry, or by any one else, to declare that France had

bound herself to consent, or that any such requisition had been made

to her; but that it was his opinion that France would consent, and

that I might proceed upon that presumption, so far as to recommend

overtures of negotiation. Accordingly, the phrase of my letter to you

is, that he _explained_ to me, _that their allies were disposed to

consent_. You see what his opinion is on this day; and as you have not

told me that France will consent, the _reasonable_ probability which

still remains with me, for the hopes of opening an amicable treaty,

remains as it did.

I could not delay saying thus by the very first mail, upon a point

equally delicate to me as well as to yourself. My dear friend, I beg

of you not to think, either that you can be considered as capable of

entertaining, or that I should be capable of suggesting any unworthy

or dishonorable propositions. If there has been any misunderstanding,

it is now cleared up; and the ground for negotiation remains open as

before. I therefore still entertain my hopes.

I am ever your affectionate,

D. HARTLEY.

* * * * *

_Explanatory Letter to Mr Hartley, referred to in the preceding._

Dear Sir,

As I had not the opportunity of seeing your correspondence at this

time, I was unable to prevent the misunderstanding that seems to have

arisen. There is no proposition of which I am more convinced, than

that, "Nothing can be done without the concurrence of allies." But, as

the chief obstruction towards an accommodation seemed to me to lie in

the personal character of some, who have great weight in this matter,

and as the object of the war (the independence of America) seems, in

the opinion of all men, to be secured, my own opinion was, and still

is, that there was so much wisdom and moderation where prejudice

prevents us from seeing it, that, provided the ends of the war are

accomplished to the satisfaction of all parties, they will be very

ready to let us out of it in the most gentle manner, by consenting

equally that the business shall go on in one, two, or three separate

deeds, as shall be most palatable here; and to doubt that our friends

are desirous of finishing the contest, with the approbation of their

allies, is to doubt their understanding.

I am, with the greatest esteem, yours, &c.

W. ALEXANDER.

* * * * *

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, January 26th, 1782.

Dear Sir,

I do myself the honor to enclose you a convention for the

establishment of Consul, which has just passed Congress. You will find

that you are empowered either to sign it in France, or if any

alterations are made to send it here to be executed.

Nothing new since I wrote you; we are still in the dark with respect

to European intelligence, not having heard from any gentleman in

public character since the 5th of October, when we had a short letter

from Mr Carmichael.

I have the honor to be, Sir, with great respect and esteem, your most

obedient humble servant.

ROBERT R. LIVINGSTON.

* * * * *

TO ROBERT R. LIVINGSTON, SECRETARY OF FOREIGN AFFAIRS.

Passy, January 28th, 1782.

Sir,

I received at the same time, your several letters of October 20th,

24th, and November 26th, which I purpose to answer fully by the return

of the Alliance. Having just had a very short notice of the departure

of this ship, I can only at present mention the great pleasure your

appointment gives me, and my intention of corresponding with you

regularly and frequently, as you desire. The information contained in

your letters is full and clear; I shall endeavor that mine, of the

state of affairs here, may be as satisfactory.

With great esteem, &c.

B. FRANKLIN.

* * * * *

DAVID HARTLEY TO B. FRANKLIN.

London, February 1st, 1782.

My Dear Friend,

I write to you one line by this mail, only to tell you that I have

seen the Minister since I last wrote to you, and that he never did

entertain the idea one moment of any propositions being thrown out on

your part, in the least degree inconsistent with the strictest honor

and faith to the allies. I had no occasion to guard against, or to

explain any such thought, having at all times conveyed the contrary to

him in the most explicit terms. I transmit this to you for your full

satisfaction. We have had much conversation on the subject of peace,

which you may be sure I have most zealously endeavored to enforce. I

should not do him justice, if I did not add that I believe his wishes

are for peace, and that he gives the most serious attention to every

argument, and to the suggestion of every practicable means on that

subject. I have stated many things for his consideration, and for

consultation with others, after which I shall see him again. I

heartily wish the result may be favorable to the prospect of peace.

I am ever your affectionate,

DAVID HARTLEY.

* * * * *

THE DANISH MINISTER TO THE COUNT DE VERGENNES.

Translation.

Paris, February 6th, 1782.

Three American vessels, one of which was three masted, and called the

Norfolk, Captain Lines, and two brigs, the Ariel, Captain Maller, and

the Virginia, Captain Hodsheadson, all three armed in Philadelphia,

committed a most grievous outrage on the 2d of December last on the

coast of Norway, where they seized two English merchantmen and burnt

them, after plundering them and sending away their crews. The

circumstances are more particularly detailed in the protest enclosed,

made on the spot.[29] It has moreover been proved by the report of

his Danish Majesty's grand bailiff at Christiansand, that the

aforesaid American vessels having anchored in the port of Fleckeroe,

before their meeting with the Englishmen, and displayed French colors,

he had asked of the French Consul information respecting their sea

papers, and that the latter, on examining their contents, declared

that they were not furnished with any letters of marque on the part of

Congress. Their conduct proves this also in having burnt their prizes,

notwithstanding the offers of ransom made them by the English

captains. It therefore follows, that they can only be considered as

pirates, whose crimes are greatly aggravated by a manifest infraction

of his Danish Majesty's territorial rights.

[29] See this protest in Franklin's Works, Vol. V. p. 129.

The undersigned, his Envoy Extraordinary, has received precise orders

to communicate these particulars to his Excellency, the Count de

Vergennes, requesting with every possible confidence the intervention

of his Most Christian Majesty with the United States of America, to

effect not only the punishment of the guilty persons, but also to

obtain an indemnification for the vessels and cargoes that were burnt,

of which an exact statement shall be furnished; and this satisfaction

is due to repair the excesses committed on his Majesty's territory.

DE BLOME.

* * * * *

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, February 13th, 1782.

Dear Sir,

We have been extremely alarmed at some communications, which the

Minister of France made me from his last letters. They look extremely

as if the Count de Vergennes imagined, that neither Spain nor Holland

was anxious for our success. They discourage the idea of a loan from

them, or even from France. Our letters from Holland confirm these

conjectures, so far as they relate to that State. Mr Adams seems

almost to despair of doing anything with respect to an alliance or

loan, and from Mr Jay we have heard nothing in a very long time, and

are ignorant of any steps he may have taken since the appointment of

M. Del Campo to treat with him.

These mortifying disappointments oblige us, though reluctantly, to

call upon France for further assistance. Your solicitations will be

infinitely useful to your country, if they procure for it what I will

venture to pronounce essential to their safety. In this spirit, the

instruction, which I do myself the honor to enclose, has passed

Congress, and a second resolution, which I also enclose, which leads

to such information as will enable you to convince the Court of

France, that their navy can nowhere be more effectually employed to

distress the common enemy than in America. I own this consideration is

a great relief to my feelings, when we make these importunate demands

for money; and I hope it will enable you to press them with some

degree of dignity.

That France can aid us is not to be doubted, for it is certain she

never carried on a war that distressed her finances less. She has no

expensive subsidies to pay; her money is expended either at home, or

in a country from which it returns. Her army is not greatly increased,

and her commerce under the protection of her fleets enjoys a security,

that it seldom has experienced before. I would not, however, have you

suppose, that this is the language I hold here. I know too well the

necessity of making every exertion, which in our present impoverished

situation we are capable of; and I neglect no means, which my present

station puts in my power to call forth.

Congress have taken every wise measure for that purpose, and I firmly

persuade myself, that we shall be able to form the most vigorous

co-operation with such force as his Majesty may please to send out. I

am confident that the peace must be made in America. Every blow here

is fatal to the grand object of the present war; to the hopes, to the

wishes, and to the pride of Great Britain. Other conquests she expects

to have restored upon a peace; what is lost here she knows to be lost

forever.

The daily complaints that we receive from seamen confined in England

concur with humanity, and the national honor, to render some expedient

for their relief necessary. I need not, I am persuaded, recommend this

to your particular care. We have not yet obtained, at least as far as

I can learn, a compensation for the prisoners taken by Paul Jones and

returned to England. Is it impossible, either to settle a cartel in

Europe, or to have the Americans confined there sent to New York for

exchange? The last proposition is so much in favor of England, that it

would probably be acceded to, and yet such is the distress of the

people who have been long confined, that it would be desirable to have

the offer made. I am just now applied to by a Mrs Simmonds, whose

husband is the mate of a vessel, and has been two years confined in

Mill Prison; it would be an act of charity to attempt to procure his

relief. You will do me the favor to collect and transmit a list of the

numbers confined in England, and, as far as possible, for the

satisfaction of their friends, of the names.

We have not a word of intelligence to communicate, unless it be some

little disturbances in the country, which has been distinguished by

the names of New Hampshire Grants, and Vermont; and which it may be

proper to mention to you, since the facility with which the British

deceive themselves, and the address with which they deceive others,

may render it a matter of moment in Europe, though in fact it is none

in America. The bulk of the people of that country are "_New England

Presbyterian Whigs_." Some of those, in possession of the powers of

government, have more address than principle. Finding themselves

exposed to inroads from Canada, they have tampered with that

government, and pretended to be willing to form a treaty of neutrality

with them during the war, and to return to the obedience of Britain on

a peace. This has had the effect they intended, and in some measure

defeated an expedition, which the enemy made last year, and retained

their main body in inaction at Ticonderoga, while the parties they

sent to the westward were beaten and dispersed by our militia. The

secret has been discovered, is disavowed by the people, and such

measures are now taken, that by the time the King of Great Britain and

his Council, (before whom the propositions now lie) have formed a plan

in consequence of them, they will be made the means of drawing them

into new difficulties.

I presume that you keep up a constant correspondence with Mr Jay and

Mr Adams, and assist them with your information and advice. I must beg

the favor of you to transmit them this intelligence, that they may be

prepared to meet any assertions of the enemy on that head. I take

leave to repeat to you my desire to have the papers and political

publications sent regularly to this office.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO DAVID HARTLEY.

Passy, February 16th, 1782.

Dear Sir,

I received your favor of the 24th past. You have taken pains to

rectify a mistake of mine relating to the aim of your letters. I

accept kindly your replication, and I hope you will excuse my error,

when you reflect, that I knew of no consent given by France to our

treating separately of peace, and that there has been mixed in some of

your conversations and letters various reasonings, to show, that if

France should require something of us that was unreasonable, we then

should not be obliged by our treaty to join with her in continuing the

war. As there had never been such requisition, what could I think of

such discourses? I thought as I suppose an honest woman would think,

if a gallant should entertain her with suppositions of cases, in which

infidelity to her husband would be justifiable. Would not she

naturally imagine, seeing no other foundation or motive for such

conversation, that if he could once get her to admit the general

principle, his intended next step would be to persuade her, that such

a case actually existed. Thus knowing your dislike of France, and your

strong desire of recovering America to England, I was impressed with

the idea, that such an infidelity on our part would not be

disagreeable to you; and that you were therefore aiming to lessen in

my mind the horror I conceived at the idea of it. But we will finish

here by mutually agreeing, that neither you were capable of proposing,

nor I of acting on such principles.

I cannot however forbear endeavoring to give a little possible utility

to this letter, by saying something on your case of Dunkirk. You do

not see why two nations should be deemed natural enemies to each

other. Nor do I, unless one or both of them are naturally mischievous

and insolent. But I can see how enmities long continued, even during a

peace, tend to shorten that peace, and to rekindle a war; and this is

when either party, having an advantage in war, shall exact conditions

in the treaty of peace, that are goading and constantly mortifying to

the other. I take this to be the case of your "Commissioner at

Dunkirk." What would be your feelings if France should take, and hold

possession of Portsmouth, or Spain of Plymouth, after a peace, as you

formerly held Calais, and now hold Gibraltar? Or on restoring your

ports, should insist on having an insolent Commissioner stationed

there, to forbid your placing one stone upon another by way of

fortification? You would probably not be very easy under such a

stipulation. If therefore you desire a peace, that may be _firm_ and

durable, think no more of such extravagant demands. It is not

necessary to give my opinion further on that point, yet I may add

frankly, as this is merely private conversation between you and me,

that I do think a faithful ally, especially when under obligations for

such great and generous assistance as we have received, should fight

as long as he is able, to prevent, as far as his continuing to fight

may prevent, his friends being compelled again to suffer such an

insult.

My dear friend, the true pains you are taking to restore peace,

whatever may be the success, entitle you to the esteem of all good

men. If your Ministers really desire peace, methinks they would do

well to _empower_ some person to make propositions for that purpose.

One or other of the parties at war must take the first step. To do

this belongs properly to the wisest. America being a novice in such

affairs, has no pretence to that character; and indeed, after the

answer given by Lord Stormont (when we proposed to him something

relative to the mutual treatment of prisoners with humanity) that

"_the King's Ministers receive no applications from rebels, unless

when they come to implore his Majesty's clemency_," it cannot be

expected, that we should hazard the exposing ourselves again to such

insolence. All I can say further at present is, that in my opinion

your enemies do not aim at your destruction, and that if you propose a

treaty you will find them reasonable in their demands, provided that

on your side they meet with the same good dispositions. But do not

dream of dividing us; you will certainly never be able to effect it.

With great regard and affection, I am ever, dear Sir, your most

obedient and most humble servant,

B. FRANKLIN.

* * * * *

COUNT DE VERGENNES TO B. FRANKLIN.

Translation.

Versailles, February 24th. 1782.

Sir,

You will find enclosed an official despatch,[30] which has been sent

me from the Court of Copenhagen, respecting some excesses that are

said to have been committed near the Coast of Norway, by three

American vessels. I make no doubt but you will take the earliest

opportunity to transmit it to Congress, that they may decide agreeably

to the principles of the laws of nations upon the claim of his Danish

Majesty.

I have the honor, &c.

DE VERGENNES.

[30] See above, p. 296.

* * * * *

DAVID HARTLEY TO B. FRANKLIN.

February 28th, 1782.

My Dear Friend,

I have not as yet anything to communicate to you. I have upon many

occasions recommended the road to peace in the most earnest way. I am

not without hopes. I think I may venture to say, that the arguments

which I have stated have made an impression. I have not expected to

receive the final answer from Lord North, till after the Parliamentary

arrangements of the year are settled. I am just for three or four days

in the country, upon a little business, but upon a furlough, as I may

say, with the knowledge of Lord North, who, during the budget week,

cannot possibly want to see me. I have therefore taken that week for a

little private business in the country, and if Lord North should

happen to wish to see me, my brother keeps watch, and is to send

express for me. Public report will tell you, that on Friday last there

was a division in the house on an American question, of one hundred

and ninetyfour to one hundred and ninetythree.

I cannot answer for the dispositions of Ministers, but in point of

justice I ought to say, that I think, and as far as I can judge from

the conferences which I have had, that I have found good dispositions

towards peace. I do not pledge myself, because I may be deceived;

however, that is my opinion; and I say thus much lest my silence

should appear suspicious, and create alienation in other parties. I

think I have seen good dispositions from the first commencement of my

conferences on peace. My brother sends me word, that Mr Alexander is

to return by the next mail. I therefore write this to send either by

him or at least in the same packet. I have had much conversation with

him, and he will tell you that I have done my utmost to serve the

cause of peace. I will conclude this with a quotation, which I have

applied to another person in argument respecting peace.

Consulere patriæ, parcere afflictis, ferâ cæde abstinere,

Iræ tempus dare, orbi quietem, seculo pacem suo,

Hæc summa virtus,--hâc coelum petitur viâ.

God bless you and prosper our pacific endeavors. I shall probably

write again to you soon.

Your affectionate,

D. HARTLEY.

* * * * *

EDMUND BURKE TO B. FRANKLIN.[31]

[31] This letter was written in answer to one from Dr Franklin,

requesting Mr Burke to negotiate an exchange of Henry Laurens, when in

the Tower, for General Burgoyne. Mr Laurens was at the time under some

mistake in regard to this subject, as he supposed, that Mr Burke first

applied to Dr Franklin to effect such an exchange, and imagined that

Dr Franklin neglected him; whereas he took the most prompt and

efficient means in his power to procure Mr Laurens's release. See

Henry Laurens's letter, dated May 30th, 1782, Vol. II. p. 463.

London, February 28th, 1782.

Dear Sir,

Your most obliging letter demanded an early answer. It has not

received the acknowledgment which was so justly due to it. But

Providence has well supplied my deficiencies, and the delay of the

answer has made it much more satisfactory, than at the time of my

receipt of your letter I dared to promise myself it could be. I

congratulate you, as the friend of America; I trust, as not the enemy

of England; I am sure, as the friend of mankind; on the resolution of

the House of Commons, carried by a majority of nineteen, at two

o'clock this morning, in a very full house. It was the declaration of

two hundred and thirtyfour; I think it was the opinion of the whole. I

trust it will lead to a speedy peace between the two branches of the

English nation, perhaps to a general peace; and that our happiness may

be an introduction to that of the world at large. I most sincerely

congratulate you on the event. I wish I could say, that I had

accomplished my commission. Difficulties remain. But as Mr Laurens is

released from his confinement, and has recovered his health tolerably,

he may wait, I hope, without a great deal of inconvenience, for the

final adjustment of his troublesome business. He is an exceedingly

agreeable and honorable man. I am much obliged to you for the honor of

his acquaintance. He speaks of you as I do; and is perfectly sensible

of your warm and friendly interposition in his favor.

I have the honor to be, with the highest possible esteem and regard,

dear Sir, your most faithful and obedient humble servant.

EDMUND BURKE.

_P. S._ General Burgoyne presents his best compliments to you, with

his thanks for your obliging attentions towards him.

* * * * *

TO THE COUNT DE VERGENNES.

Passy, March 3d, 1782.

Sir,

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

me, the 24th past, enclosing an official paper on the part of the

Danish Court, relating to the burning of some English vessels on the

coast of Norway, by three American ships. I shall not fail to transmit

the same immediately to the Congress, who will, I make no doubt,

inquire into the facts alleged, and do thereupon what shall appear to

be just and right, it being their constant and earnest desire to avoid

giving any offence to neutral nations, as will appear by their

instructions to all armed vessels, of which I have the honor to

present a copy.

In the meantime, as it is natural to expect, that those who exact a

rigorous observation of the laws of nations when their own interest or

honor seems affected, should be themselves ready to show an example of

their own regard for those laws, where the interest of others is

concerned, I cannot but hope the Court of Denmark will at length

attend to a demand, long since made by me, but hitherto without

effect, that they would restore to the United States the value of

three vessels, amounting to fifty thousand pounds sterling. These

vessels were fair and good prizes, which had been made by our ships of

war, not on the coast of Denmark, but far distant on the high seas,

and were sent into Bergen as into a port truly neutral, but there,

contrary to the laws of hospitality, as well as the other laws of

nations, they were forcibly wrested out of our hands by the government

of that place, and delivered back to our enemies. The Congress have

not lost sight of this violence, but constantly expected justice from

the equity and wisdom of his Danish Majesty.

I am with the greatest respect, &c.

B. FRANKLIN.

* * * * *

TO ROBERT R. LIVINGSTON.

Passy, March 4th, 1782.

Sir,

Since I wrote the two short letters, of which I herewith send you

copies, I have been honored with yours, dated the 16th of December.

Enclosed I send two letters from Count de Vergennes, relating to

certain complaints from Ostend and Copenhagen against our cruisers. I

formerly forwarded a similar complaint from Portugal, to which I have

yet received no answer. The Ambassador of that kingdom frequently

teazes me for it. I hope now that by your means this kind of affairs

will be more immediately attended to; ill blood and mischief may be

thereby sometimes prevented.

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