Part 28

In answer to this question I am clearly of opinion, that it is not, and if that article should be agreed to by the Commissioners, without an absolute necessity, I cannot help thinking it will be a sacrifice of the general interests of America to those provinces which import molasses. I shall not be suspected of partiality, or of being actuated by any motives but those of the public good, when it is known that South Carolina, the province in which all my property lies, imports a considerable quantity of molasses for distillation. Should the article in question be agreed to, the French might lay what duty they pleased upon their European exports, and even upon their sugar, coffee, and other productions of their Islands, without our having any check upon them whatever. For if, in consequence of any such duty imposed by them, a duty were to be laid by America on any of her exports to France, the French vessels would have nothing to do, but to clear out for the West Indies, and sail directly for Europe, or touch first at one of their Islands. This will certainly at least open a door for smuggling, and may occasion a discontinuance of that friendship and harmony, which ought to subsist between the countries. This article seems the more extraordinary to me, as I do not think there is the least probability of any duty being ever laid by the French upon molasses, as the distilling it into rum would materially interfere with their brandy, and therefore a duty would endanger a diminution of the consumption of it.

I am very sensible, that the decision of this business is committed entirely to the Commissioners at this Court. At the same time I cannot help thinking it my duty, not only as a gentleman of considerable property in America, but likewise as one whom Congress has thought proper to honor with a commission similar to your own, though at another Court, to endeavor to prevent the execution of an article, that I think injurious to the interests of my country. I prefer this application to you singly as a friend, to one addressed to all the Commissioners, and I hope the latter will be unnecessary.

It is very painful for me to write to you in the language of complaint, but I feel myself hurt, and it is proper that I should tell you of it. It does not appear to me to be possible, that any inconvenience could have arisen, if you had mentioned to me the proposition of an exemption of all duties on our exports, as a compensation for the exemption of the duty on molasses alone. When I had the pleasure of seeing you last at my house, I spoke to you in general about the treaty, and particularly about the article of molasses, and expressed my fears, that the French Ministry would not consent to have such a restraint put upon their power, as was contained in the article of the original treaty. I asked you whether you were under any injunctions of secrecy, which prevented you from satisfying me. You replied, that certainly secrecy was necessary to be observed, but that as I was myself a Commissioner, you thought that you might without any impropriety talk with me on the subject, and informed me that the objection, which I apprehended, had been made, and that the article was to be given up. Not a word was mentioned about an equivalent. As you thought at that time, that my being a Commissioner entitled you to speak to me on the subject, I cannot conceive what impropriety there could possibly have been in your doing it, when so material an alteration was under consideration.

The instructions sent to me by Congress came through your hands, and it will be hardly necessary to remind you, that though the conclusion of the treaty with this Court is intrusted to you, and the other gentlemen joined with you in the Commission, I am directed by the same authority under which you act to apply to you for a copy, not only of the original treaty, but likewise of “every subsequent alteration, that has been _proposed_ on either side.” It appears therefore to me, that as soon as the alteration was _proposed_ it ought to have been communicated to me. Had you made such communication, I should have thought it my duty to have called your attention to the principles of the treaty, and should have requested you to consider whether you were not going to act in direct violation of them. My reason for thinking so is, that I am instructed to “propose to the Court of Tuscany a treaty on the same commercial principles as are the basis of the treaty, which you are directed to propose to the Court of France.” What this basis, and these principles are, is clearly explained to me in the following instructions. “It must never be forgotten in these commercial treaties, that reciprocal and equal advantages to the people of both countries be firmly and plainly secured.” This matter gives me a great deal of uneasiness, and I am extremely anxious to know, if there be yet a possibility of stopping the execution of the article. You will therefore excuse my requesting, that you will favor me with an answer to this letter as soon as possible.[63]

I have the honor to be, with great regard, dear Sir, your most obedient humble servant,

RALPH IZARD.

[63] See the history of the 11th and 12th articles of the treaty, in Mr Deane’s letter of the 12th of October, 1778, Vol. I. p. 166; also in Arthur Lee’s, letters, Vol. II, p. 127.

BENJAMIN FRANKLIN TO RALPH IZARD.

Passy, January 29th, 1778.

Dear Sir,

I received yours late last evening. Present circumstances, which I will explain to you when I have the honor of seeing you, prevent my giving it a full answer now. The reasons you offer had before been all under consideration. But I must submit to remain some days under the opinion you appear to have formed, not only of my poor understanding in the general interests of America, but of my defects in sincerity, politeness, and attention to your instructions. These offences, I flatter myself, admit of fair excuses, or rather will be found not to have existed. You mention, that you _feel yourself hurt_. Permit me to offer you a maxim, which has through life been of use to me, and may be so to you, in preventing such imaginary hurts. It is, “always to _suppose_ one’s friends _may be right_, till one _finds_ them wrong, rather than _to suppose them wrong_, till one _finds_ them right.” You have heard and imagined all that can be said or supposed on one side of the question, but not on the other.

I am, nevertheless, with sincere esteem, dear Sir, your most obedient and humble servant,

B. FRANKLIN.

TO BENJAMIN FRANKLIN.

Paris, January 30th, 1778.

Dear Sir,

I was yesterday favored with your letter, containing a maxim, which though a very old one, I am bound to thank you for, and can assure you, that so far from disapproving it, it has been one of the constant rules of my life. If you will be pleased to recollect the most extraordinary inattention, to say the least of it, with which I have been treated during the six months I have been in Paris, you will I hope think I have profited by it. You will be pleased likewise to recollect, that after having borne this for a considerable time, I complained to you of it. Forced as I was into this complaint, it was, however, not made without studying how it should be done in a manner least likely to give you offence. I should have been extremely glad, if you had attended to the maxim yourself yesterday. Had you done so, I should not have been supposed to have formed an opinion, that you had a poor understanding in the general interests of America, or that you were insincere. My letter had no such meaning, neither can any such construction be fairly put upon it.

I shall give you another proof of my attention to your maxim, by not being offended at your assertion, “that I have heard and imagined all that can be said or supposed on one side of the question, but not on the other.” You may depend upon it, you have adopted an erroneous opinion, and what that is I will inform you when you favor me with the explanation promised in your letter. You will do me the justice to remember, that it has been my constant endeavor to accommodate the differences, that I found prevailing to a very great degree upon my arrival here. I shall be extremely sorry, and think it a misfortune, if I should be drawn into any with a gentleman of whom I have so high an opinion as I have of you, and for whom I feel so strong a disposition to continue an esteem and friendship. This I hope will not be expected to be done at too great an expense; by my being silent when I think it my duty to speak.

I cannot conclude without again requesting, that you would reconsider the article, which was the subject of my last letter. If it is determined, that it shall stand in its present form, can there be any inconvenience in its not being finally concluded, till it has undergone the consideration of Congress? If this proposition is inadmissible, I sincerely wish, that the treaty may be for a term of years only, which is very customary in treaties of commerce, that if the mischiefs, which I apprehend, should not prove imaginary, they may have some limitation, and not be entailed on us for ever.

I have the honor to be, with great regard, &c.

RALPH IZARD.

THE COMMITTEE OF FOREIGN AFFAIRS TO RALPH IZARD.

York, February 5th, 1778.

Sir,

Your letter from Paris, of October 6th, last year, being read in Congress, afforded much satisfaction, as it signified your acceptance of the commission, which had been sent by Captain Young, and also held up a prospect of your obtaining a loan of money in Italy. Our apprehensions of danger to our liberties are reduced to the one circumstance of the depreciation of our currency, from the quantity which we have been obliged to issue. The different States are sinking their own emissions, and going largely into taxation for continental purposes; but it will require more time than we wish, before the good policy of taxation can have full effect upon the currency; therefore Congress have given, in regard to you, the same instructions as to the gentlemen at the Courts of France and Spain, and we doubt not of your best exertions.

We wish you success in the business of the enclosed resolves, as well as in every other undertaking for the good of the public, for your own personal felicity. We must leave you very much from time to time to receive intelligence of our affairs from the other Commissioners, to whom we shall have a more ready channel of conveyance, than to you.

We are, with much regard, &c.

J. WITHERSPOON, J. LOVELL.

TO HENRY LAURENS, PRESIDENT OF CONGRESS.

Paris, February 16th, 1778.

Dear Sir,

I mentioned in my last letter what good effects the successes of the American arms had produced here. Nothing could have happened more seasonably. Our affairs were in a very unpromising state, and had our military operations failed, our Commissioners would not have found themselves more acceptable here than at St James’s. This, however, affords a very satisfactory reflection to every American who loves his country; which is, that she owes her liberty and happiness to her own virtuous exertions.

The Commissioners will by this opportunity send to Congress the treaty of commerce, which was signed here a few days ago. This treaty has not been much altered from the one agreed upon by Congress, in September, 1776, and transmitted to the Commissioners to be proposed to the Court of France. The principal alteration is that respecting molasses. The 12th article in the original treaty requires, that “no duty shall be imposed on the exportation of molasses from any of the Islands of The Most Christian King, in the West Indies, to any of the United States.” When this proposition was made to the French Ministry, it was objected, that this would be laying the king under a disagreeable restraint, and would be in fact making him not master in his own dominions; but that the States might be perfectly easy on that point, as it was inconsistent with the policy of France ever to lay a duty on molasses. One of the Commissioners still discovered a great inclination to have the article inserted in the treaty, and the Ministry believing from this circumstance, that Congress had made a point of it, thought it a good opportunity to secure an exemption of all duty upon tobacco exported to every part of the French dominions, and proposed it as an equivalent. The Commissioners objected to any particular article being selected, lest it might be complained of as a partiality, and offered to exempt from duty not only tobacco but every other production of the United States, that should be exported to the West Indies, provided molasses should be exempted from duty. This was so advantageous a proposal, that it was immediately accepted by them.

While this matter was depending, it appeared to me, that a very disadvantageous bargain was about to be made on our part, and I did every thing in my power to prevent it. Mr Lee, and his brother, who is Commissioner for the Court of Vienna, agreed with me perfectly in opinion. The execution of the treaty being left entirely to the Commissioners at this Court, neither Mr William Lee nor I had any vote in the business. Dr Franklin and Mr Deane continuing determined to have the molasses exempted from duty, the article was agreed to, and now forms part of the treaty. I understand, however, that if Congress objects to it, there is a verbal promise on the part of France, that it shall be expunged.

Mr Lee has received a commission for the Court of Madrid; and the successes of America have once more put the French Ministry into good humor, so that our affairs will I hope now go well. My gout, which has been very severe, is a great deal better, and as soon as the weather grows a little milder, I intend setting out for Italy.

Ships have been despatched to America, without the least notice given to me, that I might get my letters ready; intelligence received from Congress, whatever the nature of it, has never been communicated to me but by report, and when the important news of General Burgoyne’s surrender was received, Dr Franklin and Mr Deane did not think proper to give me any information about it, though I was confined to my bed. It did not seem decent, that such an event should be communicated to me from any other quarter. These circumstances you will allow to be not very agreeable. I was determined, however, not to quarrel; it seemed to me better to bear with them, than to risk an addition to those animosities, which I have already mentioned, and which I am convinced have been very prejudicial to our public affairs. That there might, however, be no excuse for the continuance of such conduct, I wrote a note to Dr Franklin, appointed an interview, and with studied moderation, mentioned such parts of his conduct as I disapproved of. He acknowledged everything, apologized for everything, and promised, that in future I should have no reason to complain. He has not thought proper to be so good as his word, and his proceedings since have been more exceptionable than before. As far as he and Mr Deane have had it in their power, they have concealed from Mr William Lee and me every proceeding respecting the treaty of commerce, which has for some time been negotiating, and I heartily wish they had carried it through without my having occasion to interfere. I thought it my duty so to do, and have sent you my letter to Dr Franklin on the subject, with his trifling answer, and my reply.[64] This is all that has passed between us on the business, and the only satisfaction that I have in the matter is, that the French Minister has, in consequence of this correspondence, given the verbal promise already mentioned.

Should Congress be informed by either of the Commissioners, that there would have been danger of the miscarriage of the treaty if this article had not been inserted, you may depend upon it, that is not true. The Ministry were very willing to have the article respecting the molasses left out, and likewise that, which has been agreed to by the Commissioners as an equivalent. The instructions from Congress, which accompanied the treaty, did not authorise them to offer any equivalent. Congress seemed not to be much interested in the fate of the article, and the Commissioners, instead of being empowered to offer such a sacrifice in favor of the New England Provinces, were expressly enjoined to give up the article, if any objection was made to it, taking it for granted, I suppose, that it never could enter into the heart of a Frenchman to lay a duty on a commodity, that without the American market would be totally useless to them. These are the words of their instructions. “The twelfth and thirteenth articles are to be waved, if you find that the treaty will be interrupted by insisting on them.” How those gentlemen could take it upon them to act so directly in opposition to this instruction, I cannot conceive. It is true, they were both born in New England, but it is not to be supposed, that they could be so forgetful of their duty to the public, as to suffer themselves to be biassed by any such motives.

I understand they mean to exert themselves in support of what they have done, and that they expect their arguments will prevail upon Congress to approve of the article. For my part I am convinced, that the article is injurious to America, and, therefore, I have not only given myself but you a great deal of trouble about it, and bespeak your attention to it, and hope, that if you agree with me in opinion, you will not only oppose it yourself, but likewise make all the interest you can to get it expunged.

If you are acquainted with Mr Duer, I should be glad that you would communicate the contents of this letter to him, as I shall not be able to write to him by this opportunity. Every thing seems to bear the strongest appearance of war in this country, and every Frenchman seems to be desirous of it. England on her part is making great preparations, and in all likelihood there will be a very bloody contest, as the two nations are exasperated against each other to a great degree. England entered foolishly into this business at first, and she does not yet seem perfectly convinced of her error, as she is going to plunge deeper into misfortune, without men, money, or allies. Russia and Portugal are the only connexions that she has. One of these powers is in such a state as rather to require than afford assistance, and the other will have enough upon her hands from the Turks. Holland has manifested very unfriendly dispositions towards her, and the King of Prussia has given the most explicit and unequivocal assurance, that he will be the second power in Europe to acknowledge the independence of America.

The death of the Elector of Bavaria was a circumstance, that occasioned some alarm here, as it was feared that France might be forced into a continental war, in support of the succession of the Elector Palatine. This, however, in some degree has passed over, and I hope the German Princes will be left to settle their differences by themselves.

In one of my letters I informed you, that Congress had neglected to furnish Mr William Lee and me with funds to support us in the characters they had done us the honor of investing us with. We were informed, that the Commissioners at this Court were possessed of a very large sum of money belonging to Congress, and therefore applied to them for a letter of credit on their banker, to the amount of two thousand louis d’ors, each of us, on the public account, which they gave us.

You will see how improper it will be for me to depend upon these gentlemen for information respecting the proceedings of Congress, and the state of affairs in America. You will I hope take care, that they be regularly transmitted to me, as it will be of great importance to me not to be neglected.

I am, dear Sir, with great regard, &c.

RALPH IZARD.

[64] See the three preceding letters.

BENJAMIN FRANKLIN TO RALPH IZARD.

Passy, March 27th, 1778.

Sir,

The bearer says he is a native of Charleston, South Carolina, and he wants a pass to go into Italy. I do not well understand the account he gives of himself. He seems to be lost and to want advice. I beg leave to refer him to you, who will soon be able to discover whether his account is true.

I have the honor to be, &c.

B. FRANKLIN.

TO BENJAMIN FRANKLIN.

Paris, March 29th, 1778.

Sir,

I have seen the person you referred to me, and who is desirous of my recommending him to you for a passport to go into Italy. He says that he was born in South Carolina, but has been so long out of it, that he neither knows anybody there, nor does anybody know him. He left London with an intention of going to Italy, and came to Paris to see the world, before he settled with a merchant, to whom he is engaged as a clerk, at a place he hears is called Livorno. As this account did not appear very satisfactory, I desired him to excuse my troubling you with any recommendations, until he put it in my power to do it with propriety.

You will give me leave to remind you, that I had the honor of addressing you on the 30th of January, in reply to yours of the 29th, and requested the favor of you to reconsider the article in the treaty then negotiating, respecting the exports of North America, which had given me much uneasiness, and in which I think myself greatly interested. From your letter of the 29th I had reason to hope, that in a few days you intended to give me an explanation on certain points, wherein I thought myself injured, and to show me that I was mistaken. In vain have I expected this satisfaction. I am very desirous of receiving it, and when the dates referred to are considered, I hope I shall not be thought too importunate, in requesting that it may be soon. At the same time, you will be so good as to inform me, why no answer has been given to my letter to you, and the other Commissioners at this Court, of the 5th of this month, and whether I am to expect any.

I have the honor to be, &c.

RALPH IZARD.

BENJAMIN FRANKLIN TO RALPH IZARD.

Passy, March 30th, 1778.

Sir,

From the account you give me of the man who pretends to be of Carolina, as well as from my own observation of his behavior, I entertain no good opinion of him, and shall not give him the pass he desires.

Much and very important business has hitherto prevented my giving you the satisfaction you desired, but you may depend upon my endeavoring to give it to you as soon as possible. An answer was written to your letter of the 5th of this month, and signed by us all, which I thought had been sent to you till Mr Lee informed me that having communicated to you the contents, you told him it would not be satisfactory, and desired it might be reconsidered, and he had accordingly stopped it for that purpose. We have not since had an opportunity of reconsidering it, and as the end is now answered by the communication of the treaty, perhaps it is not necessary.

I condole with you sincerely on the great loss sustained in Charleston by the fire in January last, said to have destroyed six hundred houses, valued with the goods at a million sterling.

I have the honor to be, &c.

B. FRANKLIN.

TO BENJAMIN FRANKLIN.

Paris, March 31st, 1778.

Sir,