The Diplomatic Correspondence of the American Revolution Volume IV Part 5

I know you will start a very obvious objection. But as this can only be removed by your influence where you now are, we rely upon you for the means as well as for the manner of treating. I have not thought it necessary to say anything to Congress on this subject, nor shall I, till you give me hopes that something may be done in it.

The only political object of a general nature, that has been touched upon in Congress since my last, is the exchange of prisoners, which seems at present to be as far as ever from being effected. The propositions on the side of the enemy were to exchange seamen for soldiers, they having no soldiers in their hands; that the soldiers so exchanged should not serve for one year against the United States; that the sailors might go into immediate service; that the remainder of the soldiers in our hands should be given up at a stipulated price.

Congress rejected this proposal as unequal; as letting loose a force, which might be employed against our allies in the West Indies; as making no provision for the payment of the large balance due to us for the maintenance of prisoners. They further required, that General Carleton should explicitly declare, that the powers he gives to his Commissioners for negotiating an exchange are derived from the King of Great Britain, so that any engagement for the payment of the debt they have incurred may be considered as binding upon the nation. With respect to Mr Laurens, they have come to no decided opinion. The Committee to whom it was referred, reporting that,

"With respect to the information contained in the extract of Sir Guy Carleton's and Admiral Digby's letter of the 2d of August, '_that after Mr Laurens was discharged, he declared that he considered Lord Cornwallis as freed from his parole_,' your Committee conceive it sufficient to observe, that no intimation having been received of such a fact, except, from the said extract, and Congress having given no directions to that purpose, the consideration thereof would in their opinion be premature, and ought therefore to be deferred." Since which, though letters have been received from Mr Laurens, they have come to no resolution, unless their direction to him to proceed in the business of his mission may be considered as such.

General Carleton has sent out the trial of Lippincott, which admits the murder of Huddy, but justifies Lippincott under an _irregular_ order of the Board of Refugees. So paltry a palliation of so black a crime would not have been admitted, and Captain Asgill would certainly have paid the forfeit for the injustice of his countrymen, had not the interposition of their Majesties prevented. The letter from the Count de Vergennes is made the groundwork of the resolution pa.s.sed on that subject. I shall transmit you the resolve.

I suppose I need not tell you, that the enemy contrived to get off the Eagle and to carry her, to New York. You will find, in the enclosed papers, a very polite letter from Captain Elphingston; it is easier to be so in word than in deed among the British. Digby has refused to permit him to comply with his engagement, at least so far as his share of the prize is concerned, and insists upon dividing the baggage of the officers, and sharing the eighth pair of breeches, &c.

On the 4th instant, Mr Boudinot was elected President in the room of Mr Hanson, whose term of service had expired. Mr Lewis Morris will enclose bills purchased here at six shillings and three pence, currency, for five livres, to the amount of your last quarter's salary, ending the first of October.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, November 21st, 1782.

Sir,

Congress a few days since, pa.s.sed the enclosed resolution, No. 1, by which they have added Mr Jefferson to the commission for concluding a peace. The established character of this gentleman gives me reason to hope, that his appointment will be very acceptable to you, and the other gentlemen in the commission. I have not yet learned whether he will take the task upon him, but I have reason to believe he will, the death of his wife having lessened, in the opinion of his friends, the reluctance which he has. .h.i.therto manifested to going abroad. I think it would be proper to make a formal annunciation of this resolution to the Court of France. You will naturally give such a representation of Mr Jefferson's character, as will secure to him there that esteem and confidence which he justly merits. The resolution, No. 2, needs no comment; or if it does, Mr Morris will prove the able commentator. I resign the task to him.

For what end are the show of negotiations kept up by England, when peace upon the only terms she can possibly expect to obtain it is far from her heart? Her Ministers, like some Ministers of the Gospel, who are unwilling to quit the pulpit when they have tired out their hearers, expect to keep the people together by calling out at every period, "now to conclude," while they continue the same dull tale for want of skill to wind it up.

By accounts from Jamaica, we learn that the British have recovered most of their settlements on the Bay. Some attention will, I hope, be paid in the treaty of peace to secure to us the share we formerly had in the logwood trade; it was a valuable remittance to us, and the low price at which we were enabled to sell renders it important to other nations, that we should not be excluded from furnishing it as usual.

You will find by the enclosed paper, that Mr Burgess, an English merchant, was not permitted to settle at Boston and obtain the rights of citizenship, upon principles which must be alarming to England. It shows at the same time the respect that is paid to the resolutions of Congress, notwithstanding all that has been said and written to prove the contrary.

I am, Sir, &c.

ROBERT R. LIVINGSTON.

_P. S._ I forgot to mention, that I am solicited by Mr Barlow to transmit to you proposals for printing a work of his, which you will find described in the enclosed proposals, as they are accompanied with a specimen of his poetry, which is as much as I have seen of it. You will judge yourself how far it deserves the patronage he wishes you to give it.

TO RICHARD OSWALD.

Pa.s.sy, November 26th, 1782.

Sir,

You may well remember, that in the beginning of our conferences, before the other Commissioners arrived, on your mentioning to me a retribution for the royalists, whose estates had been confiscated, I acquainted you that nothing of that kind could be stipulated by us, the confiscation being made by virtue of laws of particular States, which the Congress had no power to contravene or dispense with, and therefore could give us no such authority in our commission. And I gave it as my opinion and advice, honestly and cordially, that if a reconciliation was intended, no mention should be made in our negotiations of those people; for they having done infinite mischief to our properties, by wantonly burning and destroying farm-houses, villages, and towns, if compensation for their losses were insisted on, we should certainly exhibit again such an account of all the ravages they had committed, which would necessarily recall to view scenes of barbarity that must inflame, instead of conciliating, and tend to perpetuate an enmity that we all profess a desire of extinguishing. Understanding, however, from you, that this was a point your Ministry had at heart, I wrote concerning it to Congress, and I have lately received the following resolution, viz.

"_By the United States, in Congress a.s.sembled._"

September 10th, 1782.

"RESOLVED, That the Secretary for Foreign Affairs be, and he is hereby directed to obtain, as speedily as possible, authentic returns of the slaves and other property, which have been carried off or destroyed in the course of the war by the enemy, and to transmit the same to the Ministers Plenipotentiary for negotiating peace.

"RESOLVED, That, in the meantime, the Secretary for Foreign Affairs inform the said Ministers, that many thousands of slaves, and other property, to a very great amount, have been carried off, or destroyed by the enemy; and that in the opinion of Congress, the great loss of property, which the citizens of the United States have sustained by the enemy, will be considered by the several States as an insuperable bar to their making rest.i.tution or indemnification to the former owner of property, which has been, or may be forfeited to, or confiscated by any of the States."

In consequence of these resolutions and circular letters of the Secretary, the a.s.sembly of Pennsylvania, then sitting, pa.s.sed the following act, viz.

"_State of Pennsylvania, in General a.s.sembly._"

Wednesday, September 18th, 1782.

"The bill, ent.i.tled 'An Act for procuring an estimate of the damages sustained by the inhabitants of Pennsylvania, from the troops and adherents of the King of Great Britain during the present war,' was read a second time.

"Ordered to be transcribed, and printed for public consideration.

Extract from the minutes.

PETER Z. LLOYD.

_Clerk of the General a.s.sembly._"

"Whereas great damages, of the most wanton nature, have been committed by the armies of the King of Great Britain, or their adherents within the territory of the United States of North America, unwarranted by the practice of civilized nations, and only to be accounted for from the vindictive spirit of the said King and his officers; and whereas an accurate account and estimate of such damages, more especially the waste and destruction of property, may be very useful to the people of the United States of America, in forming a future treaty of peace, and, in the meantime, may serve to exhibit in a true light to the nations of Europe the conduct of the said King, his Ministers, officers, and adherents; to the end, therefore, that proper measures be taken to ascertain the damages aforesaid, which have been done to the citizens and inhabitants of Pennsylvania, in the course of the present war within this State; Be it enacted by the House of Representatives of the freemen of the commonwealth of Pennsylvania, in General a.s.sembly met, and by the authority of the same, that in every county of this State, which has been invaded by the armies, soldiers, or adherents of the King of Great Britain, the Commissioners of every such county shall immediately meet together, each within their county, and issue directions to the a.s.sessors of the respective townships, districts, and places within such county, to call upon the inhabitants of every township and place, to furnish accounts and estimates of the damages, waste, spoil, and destruction, which have been done and committed as aforesaid, upon the property, real or personal, within the same township or place, since the first day of which was in the year of our Lord 177 , and the same accounts and estimates to be transmitted to the Commissioners without delay. And if any person or persons shall refuse or neglect to make out such accounts and estimates, the said a.s.sessors of the township or place shall, from their own knowledge, and by any other reasonable and lawful method, take and render such an account and estimate of all damage done or committed, as aforesaid; Provided always, that all such accounts and estimates to be made out and transmitted as aforesaid, shall contain a narrative of the time and circ.u.mstances; and if in the power of the person aggrieved, the names of the General, or other officers or adherents of the enemy by whom the damage in any case was done, or under whose orders the army, detachment, party, or persons, committing the same, acted at that time, and also the name and condition of the person or persons, whose property was so damaged or destroyed, and that all such accounts and estimates be made in current money, upon oath or affirmation of the sufferer, or of others having knowledge concerning the same; and that in every case it be set forth, whether the party injured hath received any satisfaction for his loss, and by whom the same was given.

"And be it further enacted by the authority aforesaid, that the said Commissioners, having obtained the said accounts and estimates from the a.s.sessor of the several townships and places, shall proceed to inspect and register the same in a book, to be provided for that purpose, distinguishing the districts and townships, and entering those of each place together; and if any account and estimate be imperfect, or not sufficiently verified and established, the said Commissioners shall have power, and they, or any two of them, are hereby authorised to summon and compel any person, whose evidence they shall think necessary, to appear before them at a day and place appointed, to be summoned upon oath or affirmation, concerning any damage or injury as aforesaid; and the said Commissioners shall, upon the call and demand of the President, or Vice President of the Supreme Executive Council, deliver, or send to the Secretary of the said council, all or any of the original accounts and estimates aforesaid, and shall also deliver, or send to the said Secretary, copies of the book aforesaid, or any part or parts thereof, upon reasonable notice.

And be it further enacted by the authority aforesaid, that all losses of negro or mulatto slaves and servants, who have been deluded and carried away by the enemies of the United States, and who have not been recovered or recompensed, shall be comprehended within the accounts and estimates aforesaid; and that the Commissioners and a.s.sessors of any county, which had not been invaded as aforesaid, shall nevertheless inquire after, and procure accounts and estimates of any damages suffered by the loss of such servants and slaves, as is herein before directed as to other property.

"And be it further enacted by the authority aforesaid, that the charges and expenses of executing this act, as to the pay of the said Commissioners and a.s.sessors, shall be as in other cases; and that witnesses shall be rewarded for their loss of time and trouble, as witnesses summoned to appear in the courts of quarter sessions of the peace; and the said charges and expenses shall be defrayed by the commonwealth; but paid, in the first instance, out of the hands of the Treasurer of the County, for county rates, and levies upon orders drawn by the Commissioners of the proper county."

We have not yet had time to hear what has been done by the other a.s.semblies; but I have no doubt that similar acts will be made use of by all of them, and that the ma.s.s of evidence produced by the execution of those acts, not only of the enormities committed by those people, under the direction of the British Generals, but of those committed by the British troops themselves, will form a record that must render the British name odious in America to the latest generations. In that authentic record will be found the burning of the fine towns of Charlestown, near Boston; of Falmouth, just before winter, when the sick, the aged, the women and children, were driven to seek shelter where they could hardly find it; of Norfolk, in the midst of winter; of New London, of Fairfield, of Esopus, &c. besides near a hundred and fifty miles of well settled country laid waste; every house and barn burnt, and many hundreds of farmers, with their wives and children, butchered and scalped.

The present British Ministers, when they reflect a little, will certainly be too equitable to suppose, that their nation has a right to make an unjust war, (which they have always allowed this against us to be,) and do all sorts of unnecessary mischief, unjustifiable by the practice of any individual people, which those they make war with are to suffer without claiming any satisfaction; but that if Britons, or their adherents, are in return deprived of any property, it is to be restored to them, or they are to be indemnified. The British troops can never excuse their barbarities. They were unprovoked. The loyalists may say in excuse of theirs, that they were exasperated by the loss of their estates, and it was revenge. They have then had their revenge. _Is it right they should have both?_

Some of those people may have merit in their regard for Britain, and who espoused her cause from affection; these it may become you to reward. But there are many of them who were waverers, and were only determined to engage in it by some occasional circ.u.mstance or appearances; these have not much of either merit or demerit; and there are others, who have abundance of demerit respecting your country, having by their falsehoods and misrepresentations brought on and encouraged the continuance of the war; these, instead of being recompensed, should be punished.

It is usual among Christian people at war to profess always a desire of peace; but if the Ministers of one of the parties choose to insist particularly on a certain article, which they have known the others are not and cannot be empowered to agree to, what credit can they expect should be given to such professions?

Your Ministers require that we should receive again into our bosom those who have been our bitterest enemies, and restore their properties who have destroyed ours, and this, while the wounds they have given us are still bleeding! It is many years since your nation expelled the Stuarts and their adherents, and confiscated their estates. Much of your resentment against them may by this time be abated; yet, if we should propose it, and insist on it as an article of our treaty with you, that that family should be recalled and the forfeited estates of its friends restored, would you think us serious in our progressions of earnestly desiring peace?

I must repeat my opinion, that it is best for you to drop all mention of the refugees. We have proposed, indeed, nothing but what we think best for you as well as ourselves. But if you will have them mentioned, let it be in an article, in which you may provide, that they shall exhibit accounts of their losses to the Commissioners, hereafter to be appointed, who should examine the same, together with the accounts now preparing in America of the damages done by them, and state the account, and that if a balance appears in their favor, it shall be paid by us to you, and by you divided among them as you shall think proper. And if the balance is found due to us, it shall be paid by you.

Give me leave, however, to advise you to prevent the necessity of so dreadful a discussion by dropping the article, that we may write to America and stop the inquiry.

I have the honor to be, &c.

B. FRANKLIN.