These thoughts are not suggested with any view of giving any

preference in favor of a separate treaty above a general treaty, or

above any plans of separate but concomitant treaties, like the

treaties of Munster and Osnaburgh, but only to draw out the line of

negotiating a separate treaty, in case the British Ministry should

think it necessary to adhere to that mode. But in all cases it should

seem indispensable to express some disposition, on the part of Great

Britain, to adopt either one mode or the other. An absolute refusal to

treat at all must necessarily drive America into the closest connexion

with France, and all other foreign hostile powers, who would take that

advantage for making every possible stipulation to the future

disadvantage of British interests, and above all things would probably

stipulate, that America should never make peace with Great Britain,

without the most formal and explicit recognition of their

independence, absolute and unlimited.

* * * * *

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, May 22d, 1782.

Dear Sir,

I expected to have written you a long letter, more particularly as it

is some time since you have received any information from this

country, the enemy having effectually blocked up our ports for some

months past. But I find myself so extremely hurried, that I have

hardly leisure to write this, the vessel by which it is to be sent

going sooner than I apprehended.

You will receive herewith a letter to His Most Christian Majesty,

which you will present, and a copy, which you will be pleased to

deliver to the Count de Vergennes. This I believe is the usual form.

You will also receive in the enclosed papers an account of the marks

of respect, with which the annunciation of the birth of the Dauphin

was received. These are of some importance, at a time when Great

Britain is endeavoring to represent us as weary of the alliance, and

anxiously wishing to return to our connexion with them. It is

probable, that the late changes in the British Administration, and the

conciliatory measures they propose, may excite apprehensions of our

firmness. I have the pleasure of assuring you, that it has not

produced the least effect; all orders of people seem to agree, that it

should redouble our vigilance, and while it argues the weakness of the

enemy, it serves as a spring to our exertions.

Sir Guy Carleton, shortly after his arrival, wrote a complimentary

letter to General Washington, sending him an account of his

appointment, and the prints which contained the Parliamentary debates,

and requesting leave to send his Secretary with despatches to

Congress. The General refused the passport, till he had the sense of

Congress thereon; and upon Sir Guy's letter being laid before them,

they came to the resolution enclosed.

The papers I send you contain also resolutions of the State of

Maryland, and of the Executive Council of Pennsylvania, which I

believe speak the language of all the States, which will, I doubt not,

make similar declarations when their legislatures shall be convened.

So that you may safely assure His Majesty's Ministers, that no art

which Great Britain can put in practice will have the least influence

in lessening the attachment of the people of this country to the

principles of the alliance. It is true their expectations of powerful

assistance this campaign are very high. They saw with some pain last

year, that the fleet was withdrawn when the enemy were absolutely at

their feet, and when one month's stay would have reduced either New

York or Charleston. They look eagerly for the return of the fleet.

They generally believe this to be the last campaign in America. There

is no knowing what effect a disappointment in this hope would have. I

believe, from the present view of things, that they would bear it with

fortitude, but I should be sorry to see it put to the trial.

Our trade has suffered astonishingly of late; the influence which this

will have upon our internal resources is much to be apprehended. It is

to be wished, that France would see the great advantages she would

derive from keeping a superiority on this coast, where her fleets

would be maintained cheaply while they protected our commerce, and

compelled England either to risk her army, or to keep a regular fleet

here at five times their expense. Enclosed is a statement of our trade

drawn up by Mr Morris. You are requested to communicate this to the

Court of Versailles, and to use every means in your power to bring the

Court to concur in adopting it.

I also enclose a resolution of Congress, to request you to apply for

the prisoners due to us, in order that they may be sent here and

exchanged for our seamen, who are confined without the hope of relief.

Is it impossible to devise some means for the enlargement of those,

who are confined in England? Can no cartel be settled? Or no means

devised for sending them here to be exchanged? Their case is really

pitiable.

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

ROBERT R. LIVINGSTON.

* * * * *

DAVID HARTLEY TO B. FRANKLIN.

London, May 25th, 1782.

My Dear Friend,

Yours of the 13th instant I received by Mr Oswald. I did not doubt but

that the news of a general and absolute release of the American

prisoners, which Lord Shelburne was so good as to communicate to me,

in answer to that part of your letter of the 5th of April, in which

you speak so pathetically of _sweet reconciliation_, would give you

much sincere and heartfelt pleasure. God send that it may be the happy

omen of final _reconciliation_ and _durable peace_. I should be very

happy to hear that good news from you, and in any way to contribute to

it. Having on that subject communicated the preliminaries, dated May,

1782, to Lord Shelburne, you may be assured that I have no

reservations upon that head respecting America, in any circumstances

or condition whatever. You know all my thoughts upon that subject, and

the principles upon which they are founded, and therefore that they

are not changeable.

It would give me the greatest pleasure, if I could hope for any

opportunity of seeing you. I could say many things, which are

otherwise incommunicable, and which perhaps would contribute to

facilitate the road to peace. I think I see in many parts much matter

to work with, out of which a peace, honorable to all parties and upon

durable principles, might be established. _No degrading or mortifying

conditions to shorten peace and rekindle war._ Perhaps I might not say

too much if I were to add, that simply the adoption of _reason_ among

nations, and the mere rectification of obsolete and gothic

absurdities, which carry no gratification, would afford a fund of

remuneration to all parties for renouncing those objects of mutual

contention, which, _in the eye of reason_, are no better than

creatures of passion, jealousy, and false pride. Until the principles

of _reason_ and equity shall be adopted in national transactions,

peace will not be durable amongst men.

These are reflections general to all nations. As to the mutual

concerns between Great Britain and North America, _reconciliation_ is

the touchstone to prove those hearts, which are without alloy. If I

can be of any assistance to you, in any communications or explanations

conducive to peace, you may command my utmost services. Even if a

French Minister were to overhear such an offer, let him not take it in

jealous part. Zealously and affectionately attached to my own country

and to America, I am nevertheless most perfectly of accord with you,

that justice and honor should be observed towards all nations. Mr

Oswald will do me the favor to convey this to you. I heartily wish him

success in his pacific embassy.

Yours ever most affectionately,

DAVID HARTLEY.

* * * * *

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, May 30th, 1782.

Dear Sir,

Since my last of the 22d instant, I have been honored with yours of

the 30th of March, together with the letter from Mr Adams to you

enclosed, and the papers, for which I am extremely obliged to you.

I am not at all disappointed at the manner in which the British

administration have declared their wish for peace, or at the

reluctance they show in parting with this country. To a proud nation

the loss of 3,000,000 subjects is mortifying. Every journeyman weaver

in every petty village in England conceived himself a sovereign, even

while working for the slaves of his supposed subjects. It requires a

degree of magnanimity, of which they are incapable, to surrender with

dignity what they are no longer able to hold. But they must suppose

the politics of the rest of the world to move upon weaker principles

than their own, if they imagine the offers they propose to hold out to

the belligerent powers will detach them from their alliance with each

other, till all the objects of it are attained. Of what avail would

the cessions they made in the West Indies be to France, if we were

again connected with England. What security would she have for those

cessions, or even for the rest of her islands? What she has offered to

Spain I know not. To us she has offered nothing, as I have yet heard,

but her friendship and the blessings of her government. A seven years'

enmity has taught us to put very little value on the former; and the

present happiness of the people of England and Ireland has enabled us

to form a just estimate of the latter.

I have told you, that we have nothing to apprehend here from the

offers of Britain. I have had no reason since to change that opinion.

The way, however, to put it out of doubt is to enable us to expel the

enemy from this continent. The task is not difficult, and the object

is sufficiently important not to let it depend upon other operations.

I am instructed to prepare a memorial to the Court of Versailles, on

the subject of the prize money due to Paul Jones, and the officers and

men that sailed under his command. Continual complaints are made on

that subject. Surely M. de Chaumont has had sufficient time to settle

this business. I must beg the favor of you to press it, and to draw

and present a memorial to the Court, if it cannot otherwise be

accomplished. Mr Barclay will have orders to receive the money for

them. I enclose an exstract of a letter from Captain Jones on the

subject, together with the list of the ships and their force,

agreeable to which the division should be made.

I also send his account of the detention of the brigantine

Berkenbosch, together with a copy of De Nief's certificate, that the

property belonged to British owners. This I think at first view is a

sufficient justification of his conduct, and I hope will be deemed

satisfactory, especially when it is considered that our courts are

open for a further prosecution of the inquiry, if any injury has been

unjustly sustained. I shall take the earliest opportunity to inquire

into the other cases you mention. If I am rightly informed, the insult

to the Court of Norway is already avenged, the vessels, which are said

to have committed it, having been lost at sea. This puts a stop to any

further inquiry about it. I shall however endeavor to get this fact

more fully ascertained, and write to you again. I should be glad to

know on what principle these applications are made to the Court of

France. If the powers, who suppose themselves injured, consider us as

the subjects of Great Britain, they should carry their complaints to

the Court of St James's. If they consider us as independent of them,

they should address themselves to us or to you directly.

I am very happy to find you have not lost sight of the prizes detained

by the Danish Court, and that you so happily availed yourself of the

opportunity they afforded you, to renew your application. This object

ought to be pushed, not so much on account of the value of the

vessels, as to show that we know what is due to _ourselves_.

Enclosed is a resolution of Congress on the subject of accounts, which

you will be pleased to take the earliest opportunity to carry into

execution.

You draw an agreeable picture of the French Court, and their favorable

dispositions. They stand very high in the esteem of this country; and

though we sometimes entertain the hope of repaying by our commerce and

alliance the friendship they have shown us, we are not on that account

the less sensible of our obligation to them. The distrust and

jealousies, which secret enemies have endeavored to excite, have died

away. One successful exertion in our favor will secure to them forever

the affections of this country. I take an interest in the happiness of

the Marquis de Lafayette, which makes me learn with great pleasure the

reception he has met with. No man is more worthy of the esteem he

enjoys, both at home and here. I have forborne to write to him for

some time, in expectation that he was on his way. The same reasons

restrain me now. Should any extraordinary event have detained him, you

will be so obliging as to mention this as my apology. I am charmed

with your idea of a medal to perpetuate the memory of York and

Saratoga. The thought is simple, elegant, and strikingly expressive of

the subject. I cannot however but flatter myself, that before it can

be executed, your Hercules will have tasked your invention for a new

emblem.

I enclose a number of letters, that have passed between Generals

Washington, Clinton, Robinson, and Sir Guy, chiefly on the subject of

Captain Huddy, who, having been taken prisoner and confined some time

at New York, was carried by a Captain Lippincott and a party of

soldiers to the Jersey shore, and there hanged without the least

pretence. You will see an account of the whole transaction in some of

the papers I sent. The General, in pursuance of his determination, has

ordered the lot to be cast among the British Captains. It has fallen

upon the Honorable Captain Asgill of the Guards, who is now on his way

to camp. A friend of his, Captain Ludlow, is gone to New York to see

if anything can be done to save him. It is really a melancholy case,

but the repeated cruelties of this kind, that have been practised,

have rendered it absolutely necessary to execute the resolution to

retaliate, which we have so often taken, and so frequently been

prevented, by our feelings, from carrying into execution.

We are yet totally ignorant of the event of the battle fought on the

12th of April, in the West Indies, of which you will see various and

contradictory accounts in our papers. You will have more certain

information in Europe. Providence is taken by the Spaniards. Gillon

commanded the fleet on the occasion. He yesterday came to this port

with a number of the Havana vessels, for which we were in great pain.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

RICHARD OSWALD TO B. FRANKLIN.

Paris, June 5th, 1782.

Sir,

While Mr Laurens was under confinement in England, he promised, that

on condition of his being liberated upon his parole, he would apply to

you for an exchange in favor of Lord Cornwallis, by a discharge of his

Lordship granted upon the surrender of his garrison at the village of

York in Virginia; and, in case of your being under any difficulty in

making such exchange, he undertook to write to the Congress, and to

request it of that assembly, making no doubt of obtaining a favorable

answer, without loss of time.

This proposal, signed by Mr Laurens's hand, I carried and delivered, I

think, in the month of December last, to his Majesty's then

Secretaries of State, which was duly attended to; and in consequence

thereof Mr Laurens was soon after set at full liberty. And though not

a prisoner under parole, yet it is to be hoped, a variation in the

mode of discharge will not be supposed of any essential difference.

And with respect to Mr Laurens, I am satisfied he will consider

himself as much interested in the success of this application, as if

his own discharge had been obtained under the form, as proposed by the

representation, which I delivered to the Secretaries of State, and, I

make no doubt, will sincerely join my Lord Cornwallis in an

acknowledgment of your favor and good offices, in granting his

Lordship a full discharge of his parole abovementioned.

I have the honor to be, with much respect, Sir, your most obedient

humble servant,

RICHARD OSWALD.

_P. S._ Major Ross has got no copy of Lord Cornwallis's parole. He

says it was in the common form, as in like cases.

Since writing the above, I recollect I was under a mistake, as if the

proposal of exchange came first from Mr Laurens; whereas, it was made

by his Majesty's Secretaries of State to me, that Mr Laurens should

endeavor to procure the exchange of Lord Cornwallis, so as to be

discharged himself. Which proposal I carried to Mr Laurens, and had

from him the obligation abovementioned, upon which the mode of his

discharge was settled.

R. O.

* * * * *

TO RICHARD OSWALD.

Passy, June 5th, 1782.

Sir,

I received the letter you did me the honor of writing to me,

respecting the parole of Lord Cornwallis. You are acquainted with what

I wrote some time since to Mr Laurens. Tomorrow is post day from

Holland, when possibly I may receive an answer, with a paper drawn up

by him for the purpose of discharging that parole, to be signed by us

jointly. I suppose the staying at Paris another day will not be very

inconvenient to Major Ross, and if I do not hear tomorrow from Mr

Laurens, I will immediately, in compliance with your request, do what

I can towards the liberation of Lord Cornwallis.

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

humble servant,

B. FRANKLIN.

* * * * *

JOHN ADAMS TO B. FRANKLIN.

The Hague, June 13th, 1782.

Sir,

I had yesterday, at Amsterdam, the honor of receiving your

Excellency's letter of June the 2d.

The discovery, that Mr Grenville's power was only to treat with

France, does not surprise me at all. The British Ministry are too

divided among themselves, and have too formidable an opposition

against them, in the King and the old Ministers, and are possessed of

too little of the confidence of the nation, to have courage to make

concessions of any sort, especially since the news of their successes

in the East and West Indies. What their vanity will end in God only

knows; for my own part, I cannot see a probability, that they will

ever make peace, until their finances are ruined, and such distresses

brought upon them, as will work up their parties into a civil war.

I wish their enemies could by any means be persuaded to carry on the

war against them in places, where they might be sure of triumphs,

instead of insisting on pursuing it where they are sure of defeat. But

we must take patience, and wait for time to do what wisdom might

easily and soon do.

I have not as yet taken any engagements with the Dutch not to make

peace without them; but I will take such engagements in a moment, if

the Dutch will take them, and I believe they would very cheerfully. I

shall not propose it, however, till I have the concurrence of the Duc

de la Vauguyon, who will do nothing without the instructions of his

Court. I would not delay it a moment from any expectation, that the

English will acknowledge our independence and make peace with us,

because I have no such expectations. The permanent friendship of the

Dutch may be easily obtained by the United States; that of England,

never; it is gone with the days before the flood. If we ever enjoy the

smallest degree of sincere friendship again from England, I am totally

incapable of seeing the character of a nation or the connexion of

things; which however may be the case for what I know. They have

brought themselves into such a situation! Spain, Holland, America, the

armed neutrality, have all such pretensions and demands upon them,

that where is the English Minister, or Member of Parliament, that

dares vote for the concession to them? The pretensions of France I

believe would be so moderate, that possibly they might be acceded to.

But it is much to be feared, that Spain, who deserves the least, will

demand the most; in short, the work of peace appears so impracticable

and chimerical, that I am happy in being restrained to this country,

by my duty, and by this means excused from troubling my head much

about it.

I have a letter from America, that informed me, that Mr Jay had

refused to act in the commission for peace; but if he is on the way to

Paris, as you suppose, I presume my information must be a mistake,

which I am very glad of. Mr Laurens did me the honor of a very short

visit, in his way to France, but I was very sorry to learn from him,

that in a letter to your Excellency from Ostend, he had declined

serving in the commission for peace. I had vast pleasure in his

conversation, for I found him possessed of the most exact judgment

concerning our enemies, and of the same noble sentiments in all

things, which I saw in him in Congress.

What is the system of Russia? Does she suppose, that England has too

many enemies upon her, and that their demands and pretensions are too

high? Does she seek to embroil affairs, and to light up a general war

in Europe? Is Denmark in concert with her, or any other power? Her

conduct is a phenomenon. Is there any secret negotiation or intrigue

on foot to form a party for England among the powers of Europe, and to

make a balance against the power of the enemies of England?

The States of Holland and several other provinces have taken a

resolution against the mediation for a separate peace; and this nation

seems to be well fixed in its system, and in the common cause.

My best respects and affections to my old friend, Mr Jay, if you

please. I have the honor to be, Sir, your most obedient and most

humble servant,

JOHN ADAMS.

* * * * *

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, June 23d, 1782.

Dear Sir,

This will be sent with duplicates of some of my former letters to the

southward, to embrace the first opportunity, that shall offer from

thence. By so uncertain a conveyance you can expect nothing. Nor

indeed does our present situation furnish anything, that calls for

your immediate attention, unless it be the unanimity with which the

people of all ranks agree in determining to listen to no proposals

from England, which have not the alliance with France for their basis.

Perhaps the joy they have discovered, in celebrating the birth of the

Dauphin, will be considered as a proof of their sincere attachment to

the present illustrious monarch of France and his family.

Leslie has endeavored to bring General Greene to agree to a suspension

of arms for the Southern Department, which he has very prudently

refused.

Nothing has yet been determined, or rather executed, with respect to

Captain Asgill. The enemy are holding a Court Martial on Lippincott,

the executioner of Captain Huddy; on their decision the life of

Captain Asgill will depend. Such is the melancholy necessity, which

the cruelty of the enemy has imposed.

You enclosed a letter from the Count de Vergennes, on the subject of

the pension due M. Tousard. Congress are too sensible of that

gentleman's merit to deprive him of it. But as it is necessary, that

everything of this kind be transacted at one office, it is proper that

he direct some person as his agent to apply to the Treasury office

here, and produce your certificate of the time to which the last

payment was made, or at least transmit a statement of his account, on

which the balance will be paid, and his pension regularly settled with

his attorney in future.

The case of the brigantine Ernten has been decided upon in the

inferior courts, and in the Court of Appeals. The latter have been

prevailed upon at my request to give a rehearing, which is not yet

determined. Should its determination be against the vessel or cargo,

on a conviction, that she was British property, Congress will not

choose to interfere in the execution of the sentence, which the court

they have instituted is competent to award.

I could wish to know from you what allowance you make to your private

Secretary, and to have an accurate estimate of those contingent

expenses of your office, which you think ought to be charged as

distinct from your salary.

I enclose a copy of a letter from Mr Deane to Governor Trumbull, with

his answer, which you will please to forward. A copy of the answer is

also enclosed.

I have the honor to be, &c.

ROBERT R. LIVINGSTON

* * * * *

TO ROBERT R. LIVINGSTON.

Passy, June 25th, 1782.

Sir,

I have received your respective letters of January 26th and February

13th. The first was accompanied with a form of a convention for the

establishment of consuls. Mr Barclay having been detained these six

months in Holland, though in continual expectation of returning

hither, I have yet done nothing in that business, thinking his

presence might be of use in settling it. As soon as he arrives I shall

move the completion of it.

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