Part 37

It is to be observed, that this proposition implies a more ample participation of British commerce, than the American States possessed even under their former connexion of dependence upon Great Britain, so as to amount to an entire abolition of the British act of navigation, in respect to the thirteen United States of America, and although proceeding on their part from the most conciliatory and liberal principles of amity and reciprocity, nevertheless it comes from them, as newly established States, and who, in consequence of their former condition of dependence, have never yet had any established system of national commercial laws, or of commercial connexions by treaties with other nations, free and unembarrassed of many weighty considerations, which require the most scrupulous attention and investigation on the part of Great Britain, whose ancient system of national and commercial policy is thus suddenly called upon to take a new principle for its foundation, and whose commercial engagements with other ancient States may be most materially affected thereby. For the purpose, therefore, of giving sufficient time for the consideration and discussion of so important a proposition, respecting the present established system of the commercial laws and policy of Great Britain, and their subsisting commercial engagements with foreign powers, it is proposed that a temporary intercourse of commerce shall be established between Great Britain and the American States, previously to the conclusion of any final and perpetual compact. In this intervening period, as the strict line and measure of reciprocity, from various circumstances, cannot be absolutely and completely adhered to, it may be agreed that the commerce between the two countries shall revive, as nearly as can be, upon the same footing and terms as formerly subsisted between them, provided always, that no concession on either side, in the proposed temporary convention, shall be argued hereafter in support of any future demand or claim. In the mean time, the proposition above stated may be transmitted to London, requesting (with his Majesty’s consent) that it may be laid before Parliament for their consideration.

It is proposed therefore, that the unmanufactured produce of the United States should be admitted into Great Britain without any other duties, (those imposed during the war excepted) than those to which they were formerly liable. And it is expected in return, that the produce and manufactures of Great Britain should be admitted into the United States in like manner. If there should appear any want of reciprocity in this proposal, upon the grounds of asking admission for British manufactures into America, while no such indulgence is given to American manufactures in Great Britain, the answer is obvious, that the admission of British manufactures into America is an object of great importance, and equally productive of advantage to both countries, while, on the other hand, the introduction of American manufactures into Great Britain can be of no service to either, and may be productive of innumerable frauds, by enabling persons, so disposed, to pass foreign European goods, either prohibited or liable to great duties by the British laws, for American manufactures.

With regard to the West Indies, there is no objection to the most free intercourse between them and the United States. The only restriction proposed to be laid upon that intercourse, is prohibiting American ships carrying to those Colonies any other merchandise, than the produce of their own country. The same observation may be made upon this restriction as upon the former. It is not meant to affect the interests of the United States, but it is highly necessary, lest foreign ships should make use of the American flag, to carry on a trade with the British West India Islands.

It is also proposed upon the same principle to restrain the ships, that may trade to Great Britain from America, from bringing foreign merchandise into Great Britain. The necessity of this restriction is likewise evident, unless Great Britain meant to give up the whole navigation act. There is no necessity for any similar restrictions on the part of the American States, those States not having as yet any acts of navigation.

TO THE SECRETARY OF FOREIGN AFFAIRS.

Bath, June 27th, 1783.

Sir,

I beg leave to refer you to the contents of a letter, which I had the honor of writing from London the 17th instant, by the hands of Mr John Vaughan, and a copy by Mr Thomas Stoughton. Two days ago, I had the pleasure of receiving your letter of the 8th of May, together with an act of Congress of the 1st of April, giving leave for my return to America, agreeably to my request, for which I make the most sincere acknowledgments.

I am happy to find the provisional treaty had received the plaudit and ratification of Congress, and should have been ready to have given the best answers in my power to the inquiries which you allude to, had you been pleased to extend them. I know not whether any steps have been taken toward a definitive or other treaty since the 7th instant, when I left Paris, having received no letters from my colleagues, but they no doubt will keep you regularly informed.

You will have seen, Sir, in several of my former letters, which must have reached you before this day, that no exertions of mine were wanting, for delivering you from those troublesome guests of whom you complain. I foresaw the great uneasiness, which their long continuance at New York would create. I regret exceedingly, that so free a communication as “on the former footing” preceded the accomplishment of that great and necessary work. I had entertained ideas, that my country would have treated it with more solemnity.

I have no account to settle with Dr Franklin, having received no money but from Mr Grand, viz. twenty thousand livres, and sixteen thousand six hundred and sixtysix livres, thirteen sols, which I believe are all the remittances you have made to me, and which I have already formally acknowledged. The latter sum, indeed, I have not actually received, but it stands to my credit with Mr Grand, and I soon shall have occasion to draw for it. I am at present in a poor state of health, but I hope Bath and sea bathing will be of service to me. The summer season being so far advanced, I shall prepare for embarkation early in October. No opportunity of serving my country in the mean time shall be slighted or neglected.

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

HENRY LAURENS.

TO THE SECRETARY OF FOREIGN AFFAIRS.

Bath, July 17th, 1783.

Sir,

My present address will be accompanied by a copy of my last of the 27th of June, to which I beg leave to refer. The enclosed proclamation of the 2d of July, in the London Gazette of the 12th, seems to complete a commercial treaty with America on the part of Great Britain, “until further order.” I am informed Mr David Hartley is soon expected from Paris, without having made any treaty with the American Ministers. I speak from report, but have received no advices from my colleagues.

This will be delivered to you by Thomas Carpenter, who is going with three other persons, under the auspices of Rev. Mr Wells of Broomsgrove, to offer themselves as settlers and citizens in the United States. Mr Wells and his concerns are strongly recommended to me by Dr Price, and by the Rev. Mr Wrenn, of Portsmouth. Upon this ground, permit me to crave your countenance and protection in favor of Mr Carpenter and his associates. I was informed yesterday, and though by pretty good authority I speak only as from report, that Mr Silas Deane, who has been in London about four months, has been an active hand in chalking out a treaty of commerce for us. I shall know more of this when I get to London, some ten days hence. I have not yet fully recovered my health, but am nevertheless taking measures for embarking early in October.

I have the honor to be, &c.

HENRY LAURENS.

TO THE SECRETARY OF FOREIGN AFFAIRS.

Bath, July 17th, 1783.

Sir,

A few hours after I had despatched an address to you of the present date, by the hands of Mr Carpenter, who, I hope, will also be the bearer of this, I received a letter from Doctor Franklin, in which he writes, “I want you here on many accounts, and should be glad of your assistance in considering and answering our public letters; there are matters in them, of which I cannot conveniently give you an account at present.” Although I had flattered myself with the hope of being free, and however so long a journey at the present season may further impair my health, and the delay derange my measures for embarkation, I must not refuse to obey such a call. I shall begin my journey tomorrow morning, and, barring accidents, be at Paris in seven days, or sooner.

I have the honor to be, with the highest respect, &c.

HENRY LAURENS.

TO THE SECRETARY OF FOREIGN AFFAIRS.

Washington, off Poole, August 2d, 1783.

Sir,

In pursuance of the determination signified in the preceding copy of my last, of the 17th ult, I proceeded to Paris, and arrived there on the 23d. The despatches being finished for captain Barney, by advice of Dr Franklin and Mr Jay, I embarked in the Washington, and am presently going on shore at Poole, from whence I shall immediately proceed to London, and apply to the Ministers at that Court for learning their resolutions, respecting the long pending treaties, and particularly for information, whether a Minister from the United States will be properly received there. Had the wind been unfavorable, I should have detained Captain Barney for conveyance of such answers as I may receive, but I have recommended to him to profit by the present easterly gale, without losing a moment. I am from sea sickness unable to add more, except that I shall advise by the earliest opportunities, and that,

I have the honor to be, &c.

HENRY LAURENS.

TO L. R. MORRIS.

London, August 9th, 1783.

Sir,

On the 4th instant, I had the honor of receiving your very obliging letter of April the 18th, accompanied by “a state of Mr Laurens’s account with the United States,” &c. and a bill on Mr Grand for its apparent balance 7083 livres, 7s. which is said to be for three months’ salary from the 1st of January, to the 31st of March 1783. For former quarter’s salary, about 16,666 livres, 13s. had been remitted to me, wherefore I presume there is an error in the present article. I have not learned of any alteration made by Congress in the Ministers’ salaries, except in the mode of calculating the exchange of dollars. If there is an error you will cause it to be rectified. Be pleased, Sir, to accept this as an acknowledgment of the receipt of the said bill for seven thousand and eighty-three livres and seven sols, and also of my best thanks for your goodness in forwarding the remittance. Besides the above mentioned error, the account is partial, confined probably to the administration of Mr Robert R. Livingston, or of Mr R. Morris, and an adjustment of the whole therefore must be deferred to a future day. I would also remark another omission, the commission for agency, due either to Mr Livingston or yourself, which may be deducted from a future bill, and will be admitted on my part with alacrity and thankfulness for your trouble.

I have the honor to be, with great respect and esteem,

HENRY LAURENS.

TO THE MINISTERS OF THE UNITED STATES AT PARIS.

London, August 9th, 1783.

Gentlemen,

Availing myself of your consent and recommendation, I embarked at Lettavre, on board the Washington, and sailed from thence the 1st instant. On the 2d, 9 o’clock A.M. we were within six leagues of Poole, in Dorsetshire. The wind being very favorable, I quitted the ship, went on board a small hoy bound to Poole, and urged Captain Barney to proceed on his voyage, leaving my excellent post carriage to take its fate on the ship’s deck, in preference to the risk of delaying him a single hour. Had the wind been westerly, I might have detained him a few days, for despatching to Congress the result of my application to the Ministers of this Court. I judge from the state of the wind since I parted with Captain Barney, that he was clear of the channel Sunday night the 3d, and that he is now 150 or 200 leagues advanced on his voyage.

I arrived in London late in the night of the 3d, and on the 5th had a conference with Mr Fox, which I committed to writing as soon as it had ended. I shall give it in a short dialogue, as the best way, not pretending to accuracy in every word, but fully preserving the sense and substance.

_Mr Fox._ I suppose, Mr L. you wish to forward the ratification of the provisional articles.

_L._ I could wish that was done, Sir, but it is not the particular business I have in charge.

_F._ I understood from Mr Hartley’s letter, which you sent me, that it was, but he does not speak positively.

_L._ No, Sir, the only business I have in charge, is to inquire, whether a Minister from the United States of America would be properly received at this Court.

_F._ Most undoubtedly, Sir; I could wish that there was one here at present; I think we have lost much time from a want of a Minister from your side.

_L._ Then, Sir, will you be so good as to ask his Majesty, and inform me?

_F._ I will take the King’s pleasure tomorrow, and you shall hear from me; I suppose there is already a conditional appointment of some person now in Europe.

_L._ Not that I know of, though I do not know the contrary, but I have an excellent opportunity of writing to Congress, and I have no doubt an appointment will be made immediately.

_F._ That is unlucky; there must be two crossings of the ocean then; if a Minister of Congress had been here, we might have done our business in half the time we have already spent, but I shall certainly inform you tomorrow; this is the very time a Minister from your people is most necessary.

_L._ Though I have nothing particularly in charge except the business already mentioned, I regret the delay of both the commercial and definitive treaty. We had flattered ourselves with hopes in March and April, that both would have been finished in a few days.

_F._ Why, as to a definitive treaty, I cannot see any necessity for one, or not immediately. The provisional articles are to be inserted, and to constitute a treaty; a ratification of those, I apprehend, will answer all the purposes of a definitive treaty; they may be made definitive. The case with respect to France and Spain differs widely; several articles in our preliminaries with them refer to a definitive treaty.

_L._ I agree with you, Sir, that the provisional articles, mutually ratified, may, by the consent of the parties, be made definitive; but there may be additional articles suggested and agreed to for mutual benefit.

_F._ That is true; but I do not see any at present; I very much regret the want of a Minister from America.

_L._ Permit me, Sir, to ask you, is it intended by the proclamation of the 2d of July, to exclude American ships from the West India trade, between the United States and the British islands?

_F._ Yes, certainly, it was so intended, in order that we might have something to treat for, and this will be a subject for a commercial treaty.

On the 6th, I waited upon his Grace, the Duke of Portland. His Grace was equally clear and positive as Mr Fox had declared himself, that a Minister from the United States of America would be well received at this Court, and also regretted that an appointment had not earlier taken place. I touched upon the commercial and definitive treaty, referred to assurances in March and April, intimated my apprehensions of pernicious effects, which might arise from excluding American ships from a freedom between the United States and the British West India Islands, adding what I had learnt from Doctor Franklin of the commerce intended by the Court of France, between our America and the French Islands. I can only say, the Duke seemed to wish that everything had been settled to mutual satisfaction, and hoped that everything would soon be settled.

Yesterday, by the desire of Mr Fox, I called upon him again; he said he had not seen the King, but that he had transmitted an account to his Majesty of my application; that we might be perfectly satisfied, however, that a Minister from Congress would be well received; that the appointment of one was much wished for here; that he must take blame to himself in some degree for the long delay of a commercial regulation, but that business would now soon be finished; he had no objection himself to opening the West India trade to the Americans, but there were many parties to please, and you know, added Mr Fox, the people of this country very well. Yes, Sir, I know something of them, and I find not only the West India planters, but some of the most judicious merchants, anxious for opening the trade. I have been told by some of them, that they should be ruined without it. I believe all this, said Mr Fox, but there are other people of a different opinion. As to the definitive treaty, there may be, as you observed, new articles necessary for mutual advantage, and we may either add such to the provisional articles and make the whole definitive, or make a new treaty; but I understand it is expected this should be done under the eye of, or in concert with the Court of France, which for my own part I do not like, and cannot consent to. I replied, in my opinion a new treaty definitive would be best, as well for incorporating additional articles, as for clearing away some of the rubbish in the provisional, which contained, if not nonsense, more than a little ambiguity; that though I did not see the necessity for it now, yet I had been told it was expected our definitive treaty should be finished in communication with the French Court, but as I had formerly observed, I had received no charge on this head, and spoke only the sentiments of Mr Laurens to Mr Fox, and not to a Minister of Great Britain.

I have detailed facts as fully and freely as memory has enabled me. I leave them with you under this one remark, that we are cooler in the dog days than we were at the vernal equinox. The philosophy of Versailles and Passy may account for, and guard against the effect of extreme changes. I have found my presence here at this juncture of some use in explaining, or attempting to explain, the late mutiny at Philadelphia. The enemies of this country, and of the United States had exulted, the friends of both had too much abandoned themselves to dread, that the soldiery had assumed the reins of government, and that all the States of America were rushing into anarchy. Captain Carberry and Lieutenant Sullivan, those rash young officers who led on the mutineers to the State House, arrived a few days ago. The former has been with me, expressing deep concern for his conduct, desirous of returning, with an assurance of personal safety, and wanting money for supporting daily expenses, alleging that the United States are indebted to him at least “twelve hundred pounds currency exclusive of land.” I have recommended to him to return immediately, and demean himself to the laws of his country, and submit to the magnanimity of Congress. He expresses a dread of undergoing a trial. Could I afford it, and were to advance money for his living in London, should I not incur censure at home? I beg you will communicate such particulars of that disturbance and the event of it, as you may have learned, and your opinion for my conduct respecting these officers.

Mr Barclay will tell you of a display of the American standard under a triumphant British pendant at a very capital inland fair. Trifling as the insult may appear, it discovers a little leaven at the centre.

I have the honor to be, &c.

HENRY LAURENS.

TO THE SECRETARY OF FOREIGN AFFAIRS.

London, August 9th, 1783.

Sir,

The annexed is a duplicate of a few lines, which I had the honor of addressing you, on the 2d instant, by Captain Barney, in the ship Washington, and enclosed with this you will find an exact copy of my letter of the present date, written to the Ministers of the United States at Paris, which will show in brief, what I have been doing since my return to London, and afford some information to Congress for their government in the appointment of a Minister at this Court. To both which I beg leave to refer.

I have received a letter of the 18th of April from Mr L. R. Morris, enclosing what is called a state of my account with the United States, and a bill on Mr Grand for its balance, 7083 livres, 7s. which, as far as it goes, appears to be right, though I have not yet had time for minute examination. I am much obliged for the remittance, but the account must rest to a future day for final settlement. I had formerly intimated my ignorance of the stipend Congress had determined to allow me, and having no information on that head it is not in my power to correct or confirm this, or to frame a new account. It may appear that my services were as valuable in the Tower of London, and after my release, antecedently to an appointment in the commission for peace, as they could possibly have been in any other station, notwithstanding the former might not have been quite so pleasant a sphere to myself; but I am in the judgment of Congress, and shall perfectly acquiesce in their will.

I shall go tomorrow to Bath, in hopes of confirming my lately recovered health, and shall be preparing for embarkation in October. I am in treaty for one of the cabins of the packets at Falmouth, and know but one circumstance that can detain me. My brother, who has resided upwards of six years in the south of France, had been many months past in a most deplorable state, every day expected to be his last, yet he lives. The prospect of leaving a widowed sister and my youngest daughter, who is with them, at such a distance without a protector is exceedingly distressing to me. Should my brother’s unhappy condition be extended a month or two, I may be compelled to defer my voyage to the next spring; in such case, I shall hold myself discharged from the service of Congress, I mean so far only as respects salary. I shall miss no opportunity of serving my country while I am in Europe. No doubt Congress will admit a reasonable time for my return, and provide for the expense of my passage. Letters under cover to Richard Oswald will find me here, or overtake me.

I am, with the highest esteem, &c.

HENRY LAURENS.

_P. S._ Reviewing the above mentioned “state of account,” I perceive only 7083 livres, 7s. have been carried to my credit, for three months from the 1st of January to the 30th of March, 1783, and only that sum remitted, which I presume is an error.

TO THE SECRETARY OF FOREIGN AFFAIRS.

London, September 11th, 1783.

Sir,