Gustavus Philip de Creutz, our Ambassador Extraordinary at the Court of France, Knight and Commander of our Orders, and we give him full powers to confer with whomsoever the United States shall have furnished with their powers in due form, to agree on, conclude, and sign such treaty of amity and commerce between us and the said United States, as shall be reciprocally advantageous to our subjects, promising, on our word of a King, to agree to every thing that our said Ambassador shall stipulate, promise, and sign in virtue of the present power, as likewise to make out the ratifications in proper form, and to deliver them to be exchanged at such time as shall be agreed on by the treaty so to do. In faith of which, we have signed these presents with our own hand, and have caused our royal seal to be thereunto affixed.

GUSTAVUS,

COUNT ULR. SCHEFFER.

Sir,

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, January 2d, 1783.

I was honored with your letters by the Danæ. I congratulate you upon the promising state of our negociations, since peace begins to be no less desirable here than elsewhere.

But I will not enter into that subject at present, as I mean to write very fully both to Mr. Jay and you by Mr. Jefferson, who will sail in company with this frigate in the Romulus, a ship of forty-four guns. Lest, however, any accident should happen to prevent his arriving so soon as the Emerald, I enclose a resolution of Congress, which was suggested by the proposition you mention to have been made to Mr. Oswald on the subject of commerce. For my own part I presume that it is already included in your propositions; but as we have yet been favored only with that short note of them, which has been transmitted by you, we can form no accurate judgment on the subject. You can hardly conceive the embarrassments that the want of more minute details subjects us to.

You will learn from Count de Rochambeau, that the French army sailed the 24th ultimo. Perhaps it were to be wished that they had remained here, at least till New York and Charleston were evacuated, or rather till the peace. Congress have, however, given

them a good word at parting, as you will see by the enclosed resolves. Not being consulted, they could interpose no objections to their departure, though they were not without many reasons for wishing to detain them.

Our finances are still in great distress. If the war continues, a foreign loan in addition to those already received will be essential. A plan for ascertaining what shall be called contingent expenses, under the consideration of Congress, as well as the objections you have stated with respect to the mode of paying your salaries, which will, I believe, be altered. The allowance to Mr. Franklin has been confirmed, and your moderation and his upon this point have done you both honor in the opinion of Congress.

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

ROBERT R. LIVINGSTON.

Sir,

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, January 6th, 1783.

I have before me your letters of the 25th and 29th of June, 12th of August, 3d and 26th of September, and 14th of October last. Several matters contained in them have already been answered, and some others I am unable to reply to, till Congress have decided on such propositions as I have submitted to their consideration.

The convention relative to consuls has been objected to by Mr. Barclay, on account of its prohibiting the consuls from trading. As the funds of Congress leave them no means of affording an adequate support to persons who are qualified, they fear that the only inducement to accept the appointment will be taken away by this prohibition. Mr. Barclay's letter on that subject is under consideration.

I see the force of your objections to soliciting the additional twelve millions, and I feel very sensibly the weight of our obligations to France, but every sentiment of this kind must give way to our necessities. It is not for the interest of our allies to lose the benefit of all they have done, by refusing to make a small addition to it, or at least to see the return that our commerce will make them suspended by new convulsions in this country. The army have chosen

committees; a very respectable one is now with Congress. They demand with importunity their arrears of pay. The Treasury is empty, and no adequate means of filling it presents itself. The people pant for peace; should contributions be exacted, as they have heretofore been, at the point of the sword, the consequences may be more dreadful than is at present apprehended. I do not pretend to justify the negligence of the States in not providing greater supplies. Some of them might do more than they have. done; none of them all that is required. It is my duty to confide to you, that if the war is continued in this country, it must be in a great measure at the expense of France. If peace is made, a loan will be absolutely necessary to enable us to discharge the army, that will not easily separate without pay. I am sorry that neither Mr. Jay nor you sent the propositions at large, as you have made them, since we differ in opinion about the construction to be put on your commercial article, as you will find by a resolution enclosed in my letter.

I wish the concession made of our trade may be no conditions of similar privileges on the part of Great Britain. You will see that without this precaution, every ally that we have, that is to be treated as the most favored nation, may be entitled to the same privileges, even though they do not purchase them by a reciprocal grant.

As to confiscated property, it is at present in such a state that the restoration of it is impossible. English debts have not, that I know of, been forfeited, unless it be in one State, and I should be extremely sorry to see so little integrity in my countrymen, as to render the idea of withholding them a general one; however, it would be well to say nothing about them, if it can conveniently be done.

I am more and more convinced, that every means in your power must be used to secure the fisheries. They are essential to some States, and we cannot but hate the nation that keeps us from using this common favor of Providence. It was one of the direct objects for carrying on the war. While I am upon this subject, I cannot but express my hope, that every means will be used to guard against any mistrusts or jealousies between you and France. The United States have shown their confidence in her by their instructions. She has repeatedly promised to procure for us all we ask, as far as it lies

in her power. Let our conduct leave her without apology, if she acts otherwise, which I am far from suspecting.

With respect to the seamen you mention, I wish, if any further order is necessary than that which Mr. Barclay already has, that you would give it so far as to enable him to state their accounts, and transmit them to Mr. Morris. As the treaty with Holland is concluded, I hope you have made some progress in that with Sweden, a plan of which has been transmitted; another copy will go by Mr. Jefferson.

I am glad to find you have some prospect of obtaining what is due on the Bon Homme Richard's prize money. That matter has been much spoken of, and occasioned some reflection, as it is alleged that M. Chaumont was imposed on the officers as their agent by the court, and of course they should be answerable for his conduct, which certainly had been very exceptionable.

Congress have come to no determination as to the size or expense of the pillar they propose to erect at Yorktown. What I wished of you was to send me one or two plans, with estimates of the expense, in order to take their sense thereon.

As to the designs of Spain, they are pretty well known, and Mr. Jay and Congress concur so exactly in sentiment with respect to them, that I hope that we have now nothing to fear from that quarter.

Congress have it now under consideration to determine what should be allowed as contingent expenses. I believe house-rent will not be allowed as such. I mentioned in my last what respected your grandson, to which I have nothing to add. I agree with you in sentiment, that your salaries should not depend on the fluctuations of the exchange, and have submitted that part of your letter to Congress. I believe they will direct a stated sum to be paid. Waiting for this determination, I am prevented from drawing bills at this time. As to the money received from me, you will be pleased to replace with it the two quarters' salary you had drawn before it came to hand. You will have bills for a third quarter, which have been sent on some time since.

Several important political events have taken place here lately. The evacuation of Charleston, the sailing of the French fleet and the army, the decision of the great cause between Connecticut and Pennsylvania in favor of the latter, the state of the army, &c., all of

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which I should enlarge upon if this was not to be delivered by Mr. Jefferson, who will be able to inform you fully on these points, and many others that you will deem important to a right knowledge of the present state of this country.*

I enclose a state of the trade between these States and the West Indies, as brought in by a Committee of Congress, and referred to me. It may possibly afford you some hints, and will serve to show how earnestly we wish to have this market opened to us.

I have the honor to be, &c.,

ROBERT R. LIVINGSTON.

TO RICHARD OSWALD.

Passy, January 14th, 1783.

Sir,

I am much obliged by your information of your intended trip to England; I heartily wish you a good journey and a speedy return, and request your kind care of a packet for Mr. Hodgson.

I enclose two papers that were read at different times by me to the Commissioners; they serve to show, if you should have occasion, what was urged on the part of America on certain points; or may help to refresh your memory. I send you also another paper, which I once read to you separately. It contains a proposition for improving the law of nations, by prohibiting the plundering of unarmed and usefully employed people. I rather wish than expect that it will be adopted. But I think it may be offered with a better grace by a country that is likely to suffer least and gain most by continuing the ancient practice, which is our case, as the American ships, laden only with the gross productions of the earth, cannot be so valuable as yours, filled with sugars or with manufactures. It has not yet been considered by my colleagues; but if you should think or find that it might be acceptable on your side, I would try to get it inserted in the general treaty. I think it will do honor to the nations that establish it.

With great and sincere esteem, I am, sir, your most obedient and most humble servant, B. FRANKLIN.

Mr. Jefferson did not go, as was here expected. See his reasons in his Memoir, Correspondence, &c. Vol. I., p. 41.