have grown rich by the spoil and plunder of this country. Many others, who were beggars at the beginning of this war, owe their present affluence to the same cause.

So that at least the account between the two nations should be liquidated, before any claim can be set up by the aggressors. How far it will be possible to obtain a compensation for the injuries wantonly done by the enemy, you will be best able to judge; be assured that it is anxiously desired.

Give me leave to mention to you the necessity of stipulating for the safe delivery of all records, and other papers of a public and private nature, which the enemy have possessed themselves of; particularly of the records of New York, which Mr. Tryon sent to England; and the private papers of many gentlemen of the law in different parts of the continent, by which the rights of individuals may be materially affected.

Thus, sir, I have touched upon the principal points that America wishes to attain in the peace which must end this bloody war. Perhaps in so doing I have given both you and myself unnecessary trouble, since I have urged nothing but what your own knowledge of the country, and that of the other gentlemen in the Commission, would have suggested to you. However, conceiving that circumstances might render it necessary for you to declare that you spoke nothing more than the prevailing sentiments of your Court, this letter will serve to vouch for the assertion.

Should the Floridas be ceded to Spain, as there is nothing Congress have more at heart than to maintain that friendly intercourse with them which this revolution has happily begun, it will be essential to fix their limits precisely, for which purpose the instructions to Mr. Adams will serve as your directions.

Affairs here are in the same state that they were when I last wrote, except that the enemy in South Carolina have called in all their out-posts and shut themselves up in Charleston, 'where they will be closely invested when General St. Clair joins, which must have happened about the last of December. The brilliant expedition to St. Eustatia does the highest honor to the Marquis de Bouillé and the French nation. I flatter myself that it will be of singular use in Mr. Adams's negociations.

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

ROBERT R. LIVINGSTON.

TO DAVID HARTLEY.

Passy, January 15th, 1782.

Dear Sir,

I received a few days since your favor of the 2d instant, in which you tell me that Mr. Alexander had informed you "America was disposed to enter into a separate treaty with Great Britain." I am persuaded that your strong desire for peace has misled you, and occasioned your greatly misunderstanding Mr. Alexander, as I think it scarce possible he should have asserted a thing so utterly void of foundation. I remember that you have, as you say, often urged this on former occasions, and that it always gave me more disgust than my friendship for you permitted me to express. But since you have now gone so far as to carry such a proposition to Lord North, as arising from us, it is necessary that I should be explicit with you, and tell you plainly that I never had such an idea, and I believe there is not a man in America, a few English Tories excepted, that would not spurn at the thought of deserting a noble and generous friend for the sake of a truce with an unjust and cruel enemy.

I have again read over your conciliatory bill, with the manuscript propositions that accompany it, and am concerned to find that one cannot give vent to a simple wish for peace, a mere sentiment of humanity, without having it interpreted as a disposition to submit to any base conditions that may be offered us, rather than continue the war; for on no other supposition could you propose to us a truce of ten years, during which we are to engage not to assist France, while you continue the war with her. A truce, too, wherein nothing is to be mentioned that may weaken your pretensions to dominion over us, which you may therefore resume at the end of the term, or at pleasure; when we should have so covered ourselves with infamy by our treachery to our first friend, as that no other nation can ever after be disposed to assist us, however cruelly you might think fit to treat us. Believe me, my dear friend, America has too much understanding, and is too sensible of the value of the world's good opinion, to forfeit it all by such perfidy. The Congress will never instruct their Commissioners to obtain a peace on such ignominious terms; and though there can be but few things in which I should venture to disobey their orders, yet, if it were possible for them to give me such an order as this, I should certainly refuse to act; I

should instantly renounce their commission, and banish myself forever from so infamous a country.

We are a little ambitious, too, of your esteem; and as I think we have acquired some share of it, by our manner of making war with you, I trust we shall not hazard the loss of it by consenting meanly to a dishonorable peace.

Lord North was wise in demanding of you some authorised acknowledgment of the proposition from authorised persons. He justly thought it too improbable to be relied on, so as to lay it before the Privy Council. You can now inform him that the whole has been a mistake, and that no such proposition as that of a separate peace has been, is, or is ever likely to be made by me; and I believe by no other authorised person whatever in behalf of America. You may further, if you please, inform his lordship, that Mr. Adams, Mr. Laurens, Mr. Jay, and myself, have long since been empowered, by a special commission, to treat of peace whenever a negociation shall be opened for that purpose; but it must always be understood that this is to be in conjunction with our allies, conformably to the solemn treaties made with them.

You have, my dear friend, a strong desire to promote peace, and it is a most laudable and virtuous desire. Permit me, then, to wish that you would, in order to succeed as a negociator, avoid such invidious expressions as may have an effect in preventing your purpose. You tell me that no stipulation for our independence must be in the treaty, because you "verily believe, so deep is the jealousy between England and France, that England would fight for a straw, to the last man and the last shilling, rather than be dictated to by France." And again, that "the nation would proceed to every extremity, rather than be brought to a formal recognition of independence at the haughty command of France." My dear sir, if every proposition of terms for peace, that may be made by one of the parties at war, is to be called and considered by the other as dictating, and a haughty command, and for that reason rejected, with a resolution of fighting to the last man rather than agree to it, you see that in such case no treaty of peace is possible.

In fact we began the war for independence on your Government, which we found tyrannical, and this before France had any thing to do with our affairs; the article in our treaty whereby the "two parties

engage that neither of them shall conclude either truce or peace with Great Britain, without the formal consent of the other first obtained, and mutually engage not to lay down their arms until the independence of the United States shall have been formally or tacitly assured, by the treaty or treaties that shall terminate the war," was an article inserted at our instance, being in our favor. And you see, by the article itself, that your great difficulty may be easily got over, as a formal acknowledgment of our independence is not made necessary. But we hope, by God's help, to enjoy it; and I suppose we shall fight for it as long as we are able.

I do not make any remarks upon the other propositions, because I think that unless they were made by authority, the discussion of them is unnecessary, and may be inconvenient. The supposition of our being disposed to make a separate peace I could not be silent upon, as it materially affected our reputation and its essential interests. If I have been a little warm on that offensive point, reflect on your repeatedly urging it, and endeavor to excuse me. Whatever may be the fate of our poor countries, let you and me die as we have lived, in peace with each other.

Assuredly I continue, with great and sincere esteem, my dear friend, yours most affectionately, B. FRANKLIN.

Sir,

TO THE COUNT DE VERGENNES.

Passy, January 18th, 1782.

I received the letter your Excellency did me the honor of writing to me this day, enclosing a memorial, which relates to the interests of some subjects of the Emperor residing at Ostend, who allege that a ship of theirs has been taken by an American privateer, and carried into Boston, on pretence that the property was English, &c. I shall immediately transmit the memorial to Congress, as desired. But there being Courts of Admiralty established in each of the United States, I conceive that the regular steps to be taken by the complainants would be an application for justice to those Courts by some person on the spot, duly authorised by them as their agent,

* See this memorial in Franklin's Works, vol. 5, p. 122.

and in case the judgment of the Court is not satisfactory, that then they appeal to the Congress, which cannot well take cognisance of such matters in the first instance.

The merchants of Ostend may possibly not have as yet correspondents established in all the States, but any merchant of credit in the country would transact such business on receiving their request, with the proper power of attorney; or, if his Imperial Majesty should think fit to appoint a Consul General to reside in those States such an officer might at all times assist his compatriots with his counsels and protection, in any affairs that they might have in that country. I am the more particular in mentioning this to your Excellency, because I apprehend these cases may hereafter be frequent, and if the complaints are to be addressed to you and me, we are likely to have a great deal of trouble, as I am informed that it is become a daily practice for outward bound English ships to put into Ostend, make a formal pretended sale of ship and cargo to a. merchant of the place, who furnishes imperial papers for the voyage under his own name, and receives a certain sum per cent. for the operation.

This is said to be a branch of great profit to the Flemish merchants, and that a very great number of English ships are now at sea with such papers; and I suspect even now, from their own manner of stating the transaction, that the ship and cargo reclaimed by the complainants are of that kind. This seems to me an abuse of the neutrality; as these fictitious profits are added to the advantage of real carriage for the belligerent nations, they make it too much the interest of neutral neighbors to foment wars and obstruct peace, that such profits may continue. And if it is to be understood as a settled point, that such papers are to protect English property, the fitters out of privateers from France, Spain, Holland, and America will in another year be all ruined, for they will find none but Flemish ships upon the ocean.

An express just going to the Chesapeake, gives me an opportunity