The Diplomatic Correspondence of the American Revolution Volume III Part 38

In the mode which I have proposed of unraveling the present subjects of jealousy and contest, I would make my proposals openly to France herself. Let America be free, and enjoy happiness and peace forever.

If France and Great Britain have jealousies or rivalships between themselves, as European nations, I then say to France, let us settle these points between ourselves, if unfortunately we shall not be able by honorable negotiation to compromise the indispensable points of national honor and safety. This would be my language to France, open and undisguised. In the meanwhile I desire you to observe, that it would not be with reluctance that I should offer eternal freedom, happiness, and peace to America. You know my thoughts too well to suspect that. I speak only as in a state of war, desirous to arrange the complicated interests, and to secure the respective honor of nations. My wishes are, and always have been for the peace, liberty, and safety of mankind. In the pursuit of those blessed objects, not only this country and America, but France herself and the House of Bourbon, may justly claim the conspiring exertions of every free and liberal mind, even among their temporary enemies and rivals.

I am, &c.

D. HARTLEY.

_Breviate mentioned in the preceding Letter._

_February 7th, 1782._--It is stated, that America is disposed to enter into a negotiation of peace with Great Britain, without requiring any formal recognition of independence; always understood, that they are to act in conjunction with their allies, conformable to treaties.

It is therefore recommended to give for reply, that the Ministers of Great Britain are likewise disposed to enter into a negotiation for peace, and that they are ready to open a general treaty for that purpose.

If the British Ministers should see any objection to a general treaty, but should still be disposed to enter into a separate treaty with America, it is then recommended to them to offer such terms to America as shall induce her to apply to her allies for their consent, that she should be permitted to enter into a separate treaty with Great Britain. The condition of which being the consent of allies, no proposition of any breach of faith can be understood to be required by them, by the requisition of a separate treaty.

The British Ministers are free to make any propositions to America, which they may think proper, provided they be not dishonorable in themselves, which in the present case is barred by the supposition of consent being obtained. In this case, therefore, if they should be inclined to offer a separate treaty, it is recommended to them to offer such terms to America, as should induce her to be desirous of closing with the proposal of a separate treaty, on the grounds of national security and interests, and likewise such as may const.i.tute to them a case of reason and justice, upon which they may make requisition to their allies for their consent. It is suggested, that the offer to America of a truce of sufficient length, together with the removal of the British troops, would be equivalent to that case, which is provided for in the treaty of February 6th, 1778, between America and France, viz. _tacit_ independence; and the declared ends of that alliance being accomplished, it would not be reasonable that America should be dragged on by their allies in a war, the continuance of which, between France and Great Britain, could only be caused by separate European jealousies and resentments (if unfortunately for the public peace any such should arise) between themselves, independent and unconnected with the American cause. It is to be presumed, that France would not in point of honor to her allies refuse her consent so requested, as any rivalship or punctilios between her and Great Britain, as European nations, (principles which too frequently disturb the peace of mankind) could not be considered as _casus foederis_ of the American alliance; and their pride as a belligerent power would not permit them to claim the a.s.sistance of America as necessary to their support, thereby proclaiming their nation unequal to the contest in case of the continuance of a war with Great Britain, after the settlement and pacification with America. Their consent, therefore, is to be presumed. But if they should demur on this point, if Great Britain should be disposed to concede _tacit_ independence to America by a long truce, and the removal of the troops, and if the obstruction should evidently occur on the part of France, under any equivocal or captious construction of a _defensive_ treaty of alliance between America and France, Great Britain would from thenceforward stand upon advantage ground, either in any negotiation with America, or in the continuance of a war including America, but not arising from any further resentments of Great Britain towards America, but imposed reluctantly upon both parties by the conduct of the Court of France.

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 a.s.suring 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 pa.s.sport, 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 a.s.sure 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 a.s.sistance 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 fort.i.tude, 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. G.o.d 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 a.s.sured that I have no reservations upon that head respecting America, in any circ.u.mstances 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 pa.s.sion, 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 a.s.sistance 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 emba.s.sy.

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 pa.s.sed 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 sh.o.r.e, 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.