The Diplomatic Correspondence of the American Revolution Volume IV Part 11

5. That all prosecutions of the loyalists in America be immediately abated, and that they be permitted to remain until twelve months after the definitive treaty, unmolested in their endeavors to obtain rest.i.tution of their estates.

6. That all prisoners on both sides be immediately released.

7. That intercourse of amity and commerce do immediately take place between Great Britain and the United States of America.

_Sketch of a Provisional Treaty of Commerce._

As soon as preliminaries of peace are signed with any independent States, such as Spain, France, and Holland, the course of mutual commerce emerges upon the same terms and conditions as were existing antecedent to the war, the new duties imposed during the war excepted.

The case between Great Britain and America is different, because America, from a dependent nation before the war, emerges an independent nation after the war. The basis, therefore, of a provisional treaty between Great Britain and the United States would be simply to arrange such points as would emerge after the war, impracticable and discordant to the newly established independence of the American States, and to leave all others, as much as possible, untouched. For instance, that all instrumental regulations, such as papers, bonds, certificates, oaths, and all other doc.u.ments should be, between Great Britain and the United States, upon the same footing, and no other than as between Great Britain and any other independent nation, but that all duties, drawbacks, bounties, rights, privileges, and all pecuniary considerations, should emerge into action and effect as before. I say emerge as before, not stipulated for any fixed term, because I am speaking of a provisional _treaty_, not of a provisional _bill_ of commerce, for a specified period. By this means, all difficulties, which otherwise would be acc.u.mulated, and obstruct a temporary and provisional act are avoided _in limine_. The ports will be immediately opened, upon specified and known conditions. If the legislature of either country thinks proper to introduce on its own part any new conditions or regulations, even previous to the intended treaty of commerce, that will not shut the ports again generally but only operate _pro tanto_ according to the case; on which side soever any novel condition should arise, the other will likewise be at liberty to make any corresponding regulations as between independent nations. The great object is to open the ports between Great Britain and the United States, immediately on the signature of preliminaries of peace, as between France and Great Britain. By the proposition above stated, Great Britain and France, and Great Britain and the United States respectively, on the subject of intercourse of commerce, would emerge again after the war into situations relatively similar to their situation before the war.

The Crown of Great Britain is enabled by the Conciliatory Act of 1782 to repeal, annul, make void, or suspend, for any time or times, the operation and effect of any act of Parliament, or any clause, provision, matter, or thing therein contained, relating to the colonies or plantations now become the United States of America; and, therefore, the crown is not only competent to conclude, but likewise to carry into effect any provisional treaty of commerce with America.

The first foundation must be laid in the total repeal of the Prohibitory Act of December, 1775, not only as prohibiting commerce between Great Britain and the United States, but as the corner stone of the war; by giving up universally all American property at sea to military plunder, without any redress to be obtained by law in any British Court of Admiralty. After this, all obstructions from the act of navigation and other acts regulating the commerce of the States of America (formerly dependent upon Great Britain,) may be removed.

Instructions may be sent to the Commissioners of the customs to dispense with bonds, certificates, &c. which by the old laws are required to be discharged or attested by supposed governors, naval or customhouse officers in America. The questions of drawbacks, bounties, &c. after opening the ports, may remain free points of discussion and regulation, as between States having no commercial treaty subsisting between them. As the Crown is competent to open an intercourse of commerce with America by treaty, this mode is preferable to any act of Parliament, which may be only a jealous and suspicious convention _ex parte_. This mode by treaty avoids the acc.u.mulated difficulties, which might otherwise obstruct the first opening of the ports by act of Parliament, and above all, it secures an alternate binding part of the bargain, which no act of Parliament can do.

Breviate of the treaty, viz. Provisional for intercourse and commerce between Great Britain and the United States of America.

1. That all ports shall be mutually open for intercourse and commerce.

2. And therefore the King of Great Britain agrees to the repeal of the prohibitory acts, viz. 16 Geo. 3, chap. 5, &c. The King of Great Britain likewise agrees by instructions, according to the laws of Great Britain, to his Commissioners of customs and other officers, to remove all obstructions to American ships either entering inwards or clearing outwards, which may arise from any acts of Parliament heretofore regulating the commerce of the American States, under the description of British colonies or plantations, so as to accommodate every circ.u.mstance to the reception of their ships, as the ships of independent States.

3. All duties, drawbacks, bounties, rights, privileges, and all other money considerations shall remain, respecting the United States of America, upon the same footing as they now remain respecting the province of Nova Scotia in America, or as if the aforesaid States had remained dependent upon Great Britain. All this subject to regulations or alterations by any future acts of the Parliament of Great Britain.

4. On the part of the States of America, it is agreed that all laws prohibiting the commerce of Great Britain shall be repealed.

5. Agreed upon the same part, that all ships, and merchandise of the British dominions shall be admitted upon the same terms as before the war, except any imposts laid during the war. All this subject to future regulations or alterations by the legislatures of the American States respectively.

6. The principles and spirit of this treaty to be supported on either side by any necessary supplemental arrangements. No tacit compliance on the part of America in any subordinate points to be argued at any time hereafter to the prejudice of their independence.

TO DAVID HARTLEY.

Pa.s.sy, March 23d, 1783.

Dear Sir,

I received the letter you did me the honor of writing to me, requesting a recommendation to America, of Mr Joshua Grigby. I have accordingly written one, and having an opportunity the other day, I sent it under cover to Mr Benjamin Vaughan. The general proclamations you wished for suspending, or rather putting an end to hostilities, are now published; so that your "heart is at rest," and mine with it.

You may depend on my joining my hearty endeavors with yours, in "cultivating conciliatory principles between our two countries;" and I may venture to a.s.sure you, that if your bill for a provisional establishment of the commerce had pa.s.sed as at first proposed, a stipulation on our part in the definitive treaty, to allow reciprocal and equal advantages and privileges to your subjects, would have been readily agreed to.

With great and sincere esteem, I am ever, &c.

B. FRANKLIN.

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, March 26th, 1783.

Sir,

I need hardly tell you, that the intelligence brought by the Washington diffused a general pleasure. We had long been in suspense with respect to the negotiations, and had received no other lights on that subject, than those the speech of his Britannic Majesty and Mr Townshend's letters threw upon it. These were by no means sufficient to dissipate all our apprehensions.

The terms you have obtained for us comprise most of the objects we wish for. I am sorry, however, that you found it necessary to act with reserve, and to conceal your measures from the Court of France. I am fearful that you will not be able to produce such facts, as will justify this conduct to the world, or free us from the charge of ingrat.i.tude to a friend, who has treated us not only justly but generously.

But this is a disagreeable subject, and I refer you for my sentiments, and those of Congress, to my letter, in answer to the joint letter from our Ministers. I am sorry that the commercial article is stricken out; it would have been very important to us to have got footing at least in the British West Indies, as a means of compelling France to pursue her true interest and ours, by opening her ports also to us.

We have just learned by a vessel from Cadiz, that the preliminary articles for a general peace were signed the 20th. The abstract of the treaty sent me by the Marquis de Lafayette, does the highest honor to the moderation and wisdom of France. Never has she terminated a war with more glory, and in gaining nothing but that trophy of victory, Tobago, she has established a character, which confirms her friends, disarms her enemies, and obtains a reputation that is of more value than any territorial acquisitions she could make.

We have been in great distress with respect to our army. Pains were taken to inflame their minds, and make them uneasy at the idea of a peace, which left them without support. Inflammatory papers were dispersed in camp, calling them together to determine upon some mad action. The general interposed, postponed the meeting to a future day, on which he met them, and made them an address, that will do him more honor than his victories. After which they pa.s.sed several resolves, becoming a patriot army. Congress are seriously engaged in endeavoring to do them justice. I am in great hopes, that we shall shortly be brought back to such a situation, as to be enabled to enjoy the blessings you have laid the foundation of.

I received from Mr Franklin the papers relative to the Portuguese vessel, which I have caused to be laid before the Court of Appeals, where the cause is now depending. The cargo having been condemned, and the yacht acquitted at Boston, I doubt not but full justice will be done to the proprietors on the rehearing. You know so much of our const.i.tution as to see, that it is impossible to interfere further in these matters, than by putting the evidence in a proper train to be examined. I have had the proceedings in the case of the brig Providentia transmitted to me from Boston, with a full state of the evidence, which I have examined. The cargo is condemned and the vessel acquitted, an allowance for freight having been made by the court. The evidence does not admit a doubt of the justice of this decree. Should the Court of Denmark not be satisfied with this account, I will cause a copy of the proceedings to be transmitted to you for their satisfaction. I hope this mark of attention to them will induce them to acknowledge the injustice they have done us, in the detention of our prizes. This object should not be lost sight of.

I thank you for your present of M. d'Auberteuil's Essay, and shall dispose of the copies he has sent in the way you recommend. I could hardly have believed it possible, that so many errors and falsehoods, that would shock the strongest faith on this side of the water, could be received as orthodox on the other.

I remit bills for the salaries of our Ministers. It is impossible, that I can adjust their accounts here; you must settle with them, and they repay you out of the drafts I have made in their favor when they have been overpaid. Congress have, in pursuance of your sentiment, in your letter of October, pa.s.sed the enclosed resolution.[14] So that on the quarter's salary due in April, there will be a deduction of all you gained by the course of exchange; and the payments will be reduced to par, at which rate they will always be paid in future. This deduction amounts on your salary to eight thousand three hundred and thirtysix livres, as will appear from the account that will be stated by Mr Morris. I shall pay your bills into the hands of Mr Robert Morris, whom you have const.i.tuted your agent. The bills for the other gentlemen, who may not be with you, are committed to your care. As the bills are drawn in their favor, they can only be paid on their endors.e.m.e.nt.

Congress will, I believe, agree very reluctantly to let you quit their service. The subject, together with Mr Adams's and Mr Laurens's resignation, is under the consideration of a committee. If they report before this vessel sails, you shall know their determination.

On the arrival of the Triumph from Cadiz, which brought orders for recalling the cruisers of his Britannic Majesty, Congress pa.s.sed the enclosed resolution, which I transmitted with the intelligence we had received to Carleton and Digby. I sent my Secretary with my letters, and expect him back this evening. I am anxious to know how the first messenger of peace has been received by them, as well as to discover through him what steps they propose to take for the evacuation.

I ought to thank you for your journal before I conclude. The perusal of it afforded me great pleasure. I must pray you to continue it. I much wish to have every step, which led to so interesting an event as the treaty, which established our Independence. And though both Mr Jay and Mr Adams are minute in their journals, for which I am much obliged to them, yet new light may be thrown on the subject by you, who, having been longer acquainted with the Courts both of London and Versailles, have the means of more information relative to their principles and measures.

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

ROBERT R. LIVINGSTON.

FOOTNOTE:

[14] _March 7th, 1783._ "Resolved, that the salaries of the Ministers and other officers of the United States in Europe be estimated in future in dollars, at the rate of four shillings and sixpence sterling per dollar.

"That they be paid in bills of exchange upon France or Holland, at the rate of five livres five sous turnois per dollar, without regard to the variations, which may be occasioned by the course of exchange."

FROM THE CITY OF HAMBURG TO CONGRESS.[15]

Translation.

FOOTNOTE:

[15] The original of this singular paper is not preserved, and the translation is here given, as found in Dr Franklin's public correspondence.

March 29th, 1783.

Right n.o.ble, High, Mighty, Most Honorable Lords,