Part 8

There is nothing that I wish so much as to have an opportunity of seeing and conversing with you, having many things to say to you; but if that cannot yet happen, I have only to say, that whatever communication you may think proper to make to me, which may lead to peace, you may be assured that I shall be most strenuous in applying it to that end. In all cases of difficulty in human life, there must be confidence somewhere, to enable us to extricate nations from the evils attendant upon national disputes, as they arise out of national passions, jealousies, and points of honor. I am not sure whether the extreme caution and diffidence of persons in political life be not the cause, almost as frequently, of the unnecessary protraction of the miseries of war, as of the final production of any superior good to any State. Peace now is better than peace a twelvemonth hence, at least by all the lives that may be lost in the meanwhile, and by all the accumulated miseries that may intervene by that delay. When I speak of the necessity of confidence, I would not have you to think, that I trust to all professions, promiscuously, with confidence; my thoughts are free respecting all parties; and for myself, if I thought it necessary for the end of attaining any additional confidence in your esteem, to enable me to co-operate the more effectually towards the restoration of peace, there is nothing that I would wish you to be assured of but this; that no fallacious offers of insincerity, nor any pretexts for covering secret designs, or for obtaining unfair advantages, shall ever pass through my hands.

Believe me truly to be, not only a lover of my country, but a sincere friend to peace and to the rights of mankind; and ever most affectionately yours.

D. HARTLEY.

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_Observations by Mr Hartley._

Lord North consented to Mr Hartley's proposition, for endeavoring to procure from the American Plenipotentiary or Plenipotentiaries some opening, that they would be willing to commence a parley, on propositions of peace between Great Britain and America; and supposed the terms, which Mr Hartley had in view, would be something like a tacit cession of independence to America, with a truce for a certain term of years, to serve as a basis for a general treaty of accommodation and final settlement.

This last application (which was made on the 20th of April, 1779) of Mr Hartley to Lord North, after several previous conferences on the subject, is the ground of the present confidential communication with Dr Franklin, on the part of Mr Hartley, who states to Dr Franklin, as he did to Lord North, that an auspicious beginning of a negotiation is _dimidium facti_.

Mr Hartley's ideas of the probable course of the negotiation would be to the following effect;

1. Five Commissioners (or any three of them) to be appointed on the part of His Britannic Majesty to treat, consult, and agree upon the final settlement and pacification of the present troubles, upon safe, honorable, and permanent terms, subject to ratification by Parliament.

2. That any one of the aforesaid Commissioners may be empowered to agree, as a preliminary, to a suspension of hostilities by sea and land, for a certain term of five or seven years.

3. That any one of the aforesaid Commissioners be empowered to agree, as a second preliminary, to suspend the operation and effect of any and all acts of Parliament respecting America, for a certain term of five or seven years.

4. That it is expected, as a third preliminary, that America should be released, free and unengaged, from any treaties with foreign powers, which may tend to embarrass or defeat the present proposed negotiation.

5. That a general treaty for negotiation shall be set on foot as soon as may be, after the agreement of the foregoing preliminaries.

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_N. B._ A doubt seeming to arise from Lord North, relative to the probability of any explanatory communication on the part of Dr Franklin, Mr Hartley expressed, he thought it possible, that as a known friend to peace, he might be considered by Dr Franklin as a depot of any communications, which may serve from time to time to facilitate the terms of peace; which therefore prevents this communication from being considered as any direct overture from Lord North to Dr Franklin, or from Dr Franklin to Lord North; but as it is merely a mediatorial proposition of Mr Hartley, as a private person, for the purpose of bringing the parties to a parley.

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INSTRUCTIONS

_To John Paul Jones, Commander of the American Squadron in the Service of the United States, now in the Port of L'Orient._

1st. His Majesty, having been pleased to grant some troops for a particular expedition, proposed to annoy our common enemy, in which the sea-force under your command might have an opportunity of distinguishing itself, you are to receive on board the ships of war, and the other vessels destined for that purpose, the troops that shall present themselves to you, afford them such accommodation as may be most proper for preserving their health, and convey them to such port or place as their commander shall desire to land them at.

2dly. When the troops are landed, you are to aid, by all means in your power, their operations, as they will be instructed in like manner to aid and support those you may make with your ships, that so by this concurrence and union of your different forces, all that such a compounded strength is capable of may be effected.

3dly. You are during the expedition never to depart from the troops, so as not to be able to protect them in case of a repulse, and in all events you are to endeavor to effect their complete re-embarkation on board the ships and transports under your command, when the expedition shall be ended.

4thly. You are to bring to France all the English seamen you may happen to take prisoners, in order to complete the good work you have already made such progress in, of delivering by an exchange the rest of our countrymen now languishing in the gaols of Great Britain.

5thly. As many of your officers and people have lately escaped from English prisons, either in Europe or America, you are to be particularly attentive to their conduct towards the prisoners, which the fortune of war may throw into your hands, lest resentment of the more than barbarous usage by the English in many places towards the Americans should occasion a retaliation, and an imitation of what ought rather to be detested and avoided, for the sake of humanity and for the honor of our country.

6thly. In the same view, although the English have burnt wantonly many defenceless towns in America, you are not to follow this example, unless where a reasonable ransom is refused, in which case your own generous feelings, as well as this instruction, will induce you to give timely notice of your intention, that sick and ancient persons, women, and children may be first removed.

Done at Passy, this 28th day of April, 1779.

B. FRANKLIN,

_Minister Plenipotentiary from the United_ _States to the Court of France_.

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TO DAVID HARTLEY.

Passy, May 4th, 1779.

Dear Sir,

I received your several favors, viz. one of April the 10th, one of the 20th, and two of the 22d, all on the same day, but by different conveyances.

I need not repeat, what we have each of us so often repeated, the wish for peace. I will begin, by frankly assuring you, that though I think a direct, immediate peace, the best mode of present accommodation for Britain, as well as for America, yet if that _is not_ at this time practicable, and a truce is practicable, I should not be against a truce; but this is merely on motives of _general humanity_, to obviate the evils men devilishly inflict on men in time of war, and to lessen as much as possible the similarity of earth and hell. For with regard to particular advantages, respecting the States I am connected with, I am persuaded it is theirs to continue the war, till England shall be reduced to that perfect impotence of mischief, which alone can prevail with her to let other nations enjoy, "_Peace, Liberty, and Safety_." I think, however, that a _short_ truce, which must, therefore, be an _armed_ truce, and put all parties to an almost equal expense with a continued war, is by no means desirable.

But this proposition of a truce, if made at all, should be made to France at the same time it is made to America. They have each of them too much honor, as well as too much sense, to listen separately to any propositions, which tend to separate them from each other.

I will now give you my thoughts on your ideas of a negotiation, in the order you have placed them. If you will number them in your copy, you will readily see to which my observations refer, and I may therefore be more concise.

_To the 1st_,--I do not see the necessity or use of five Commissioners. A number of talkers lengthens discussions, and often embarrasses instead of aiding a settlement. Their different particular views, private interests, and jealousies of each other, are likewise so many rubs in the way, and it sometimes happens, that a number cannot agree to what each privately thinks reasonable, and would have agreed to, or perhaps proposed, if alone. But this as the parties please.

_To the 2d_,--The term of twentyone years would be better for all sides. The suspension of hostilities should be expressed to be between all parties at war; and that the British troops and ships of war now in any of the United States be withdrawn.

_To the 3d_,--This seems needless, and is a thing that may be done or omitted as you please; America has no concern about those acts of parliament.

_To the 4th_,--The reason of proposing this is not understood, nor the use of it, nor what inducement there can be for us to agree to it. When you come to treat with both your enemies, you may negotiate away as much of these engagements as you can; but powers, who have made a firm solid league, evidently useful to both, can never be prevailed with to dissolve it, for the vague expectation of another _in nubibus_; nor even on the certainty, that another will be proposed, without knowing what are to be its articles. America has no desire of being free from her engagements to France. The chief is, that of continuing the war in conjunction with her, and not making a separate peace; and this is an obligation not in the power of America to dissolve, being an obligation of _gratitude and justice_ towards a nation, which is engaged in a war on her account, and for her protection; and would be forever binding, whether such an article existed or not in the treaty; and though it did not exist, an honest American would cut off his right hand, rather than sign an agreement with England contrary to the spirit of it.

_To the 5th_,--As soon as you please.

If you had mentioned France in your proposed suspension of arms, I should have immediately shown it to the Minister, and have endeavored to support that idea. As it stands, I am in doubt whether I shall communicate your paper or not, though by your writing it is so fair it seems as if you intended it. If I do, I shall acquaint you with the result.

The bill, of which you send me a copy, was an excellent one at the time, and might have had great and good effects, if, instead of telling us haughtily, that our humble petition should receive no answer, the Ministry had received and enacted that bill into a law. It might have erected a wall of brass round England, if such a measure had been adopted, when Friar Bacon's brazen head cried out, TIME IS! But the wisdom of it was not seen, till after the fatal cry of TIME'S PAST!

I am, my dear friend, &c.

B. FRANKLIN.

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TO THE COMMITTEE OF FOREIGN AFFAIRS.

Passy, May 26th, 1779.

Gentlemen,

The Marquis de Lafayette, who arrived here the 11th of February, brought me yours of October 28th, and the new commission, credentials, and instructions, which the Congress have honored me with. I have not since had an opportunity of writing, that I could trust, for I see by several instances, the orders given to private captains to throw their despatches into the sea, when likely to be taken, are sometimes neglected, and sometimes so badly executed, that the letters are recovered by the enemy, and much inconvenience has attended their interception. You mention, that you should speedily have opportunities of forwarding duplicates, and triplicates of the papers; none of them has ever come to hand, nor have I received any other line from you of later date.

I immediately acquainted the Minister of Foreign Affairs with my appointment, and communicated to him as usual, a copy of my credential letter, on which a day was named for my reception. A fit of the gout prevented my attendance at that time, and for some weeks after, but as soon as I was able to go through the ceremony I went to Versailles, and was presented to the King, and received in all the forms. I delivered the letter of Congress into his Majesty's own hands, who in the most gracious manner expressed his satisfaction. And I have since constantly attended the levee every Tuesday, with the other Foreign Ministers, and have taken every proper occasion of repeating the assurances I am instructed to give, of the grateful sentiments of Congress, and their determined resolution to fulfil religiously their engagements. Much pains is constantly taken by the enemy to weaken the confidence of this Court in their new allies, by representing our people as weary of the war, and of the government of Congress; which body, too, they represent as distracted by dissensions, &c. but all this has very little effect; and when on some occasions it has seemed to make a little impression, and create some apprehensions, I have not found it difficult to remove them. And it is my firm opinion, that notwithstanding the great losses suffered by the commerce of this kingdom, since the commencement of the war, the disposition of the Court to continue it (till its purpose of establishing our independence is completed,) is not the least changed, nor their regard for us diminished.

The end of that part of the instructions, which relates to American seamen, taken by the French in English ships, had already been obtained, Captain Jones having had for some time an order from Court, directed to the keepers of the prisoners, requiring them to deliver to him such Americans as should be found in their hands, that they might be at liberty to serve under his command. Most of them have accordingly been delivered to him, if not all. The Minister of the Marine, having entertained a high opinion of him, from his conduct and bravery in taking the Drake, was desirous of employing him in the command of a particular enterprise, and to that end requested us to spare him, which we did, and sent the Ranger home, under the command of his Lieutenant. Various accidents have hitherto postponed his equipment, but he now has the command of a fifty gun ship with some frigates, all under American commissions and colors, fitted out at the King's expense, and will sail, it is said, about the 1st of June.

The Marquis de Lafayette was, with some land troops, to have gone with him, but I now understand the Marquis is not to go, the plan being a little changed. The Alliance being weakly manned at first, and the Captain judging it necessary to be freed from thirtyeight of his men, who had been concerned in a conspiracy, and unwilling to take French seamen, I thought it best to send him directly home, as his ship might be of some protection to the vessels then about sailing to America, and Mr Adams, who was desirous of returning soon, might be accommodated with a passage in a swift sailing vessel. I accordingly offered her as a convoy to the trade at Nantes, but the gentlemen concerned did not think fit to wait for getting ready, as a French convoy offered, for at least part of the voyage, and the Minister requesting she might be added to Captain Jones's little squadron, and offering to give a passage to Mr Adams in the frigate with the new Ambassador, and to complete the Alliance's compliment of men, I thought it best to continue her a little longer in Europe, hoping she may, in the projected cruise, by her extraordinary swiftness, be a means of taking prisoners enough to redeem the rest of our countrymen, now in the English gaols. With this view, as well as to oblige the Minister, I ordered her to join Captain Jones at L'Orient, and obey his orders, where she is now accordingly. There have been great misunderstandings between the officers of that ship and their Captain, and great discontents among the men for want of clothes and money. I have been obliged to make great advances to appease those discontents, and I now hope the authority and prudence of Captain Jones will be able to remove, or at least to prevent, the ill effects of those misunderstandings. The conspirators are detained in prison, and will remain there subject to such directions as Congress may think fit to give concerning them. The courts here would not, because they properly could not, undertake to try them; and we had not Captains enough to make a Court martial for the purpose. The sending them to America, with evidence to convict them, will be a great trouble and expense, and perhaps their offence cannot be so clearly made out as to justify a punishment sufficient to deter by its exemplary severity. Possibly, the best use that can be made of them, is to give them in exchange for as many Americans in the cartel now operating here. The perfidious conduct of the English and Scotch sailors in our service, a good deal discourages the idea of taking them out of those prisons in order to employ them.

This cartel is at length brought about by the indefatigable endeavors of an old friend of mine, and a long declared one to America, Mr Hartley, member of Parliament for Hull. The ship employed has already brought us one cargo from the prison at Plymouth. The number was intended for a hundred, but proved ninetyseven, and she is returned with as many in exchange, to bring us a second number from the prison at Portsmouth. This is to continue till all are exchanged. The Americans are chiefly engaged with Captains Jones and Landais. This exchange is the more remarkable, as our people were all committed as for high treason.

Agreeable to the seventh instruction, I have earnestly recommended the reduction of Halifax and Quebec. The Marquis de Lafayette joined me warmly in the application for this purpose, and I hope we shall in due time see some good effects from it. I have also in various ways, and through different channels, laid before the Ministry the distressed state of our finances in America. There seems a great willingness in all of them to help us, except in the Controller, Monsieur Necker, who is said not to be well disposed towards us, and is supposed to embarrass every measure proposed to relieve us by grants of money. It is certain, that under the resolution, perhaps too hastily declared, of the King's imposing no new taxes on his subjects for this year, the Court has great difficulties in defraying present expense, the vast exertions to put the navy in a condition to equal that of England having cost immense sums.

There is also a prevailing opinion, that the most effectual service to us is to be expected from rendering their marine superior to that of England. The King has, however, to encourage our loan in Holland, been so good as to engage under his hand, to be security for our payment of the interest of three millions of livres, but that loan has not yet amounted to more than about eighty thousand florins. Doctor Price, whose assistance was requested by Congress, has declined that service, as you will see by the copy of his letter enclosed. To me it seems, that the measure recommended by the wisdom of Congress, for diminishing the quantity of paper by taxes of large nominal sums, must have very salutary effects.

As to your finances here, it is fit that you should know the state of them. When the Commissioners of Congress made the proposition of paying the interest at Paris of the money borrowed in America, they understood the loan to be of five millions of dollars. They obtained from government sums more than sufficient for the interest of such a sum. That sum has been increased, and if they could otherwise have provided for it, they have been from time to time drained by a number of unforeseen expenses, of which the Congress had no knowledge, and of others, occasioned by their orders and drafts; and the cargoes sent to the Commissioners by the Committee have some of them been treacherously run away with by the seamen, or taken by the enemy, or, when arrived, have been hitherto applied toward the payment of debts, the tobaccos to the Farmers-General according to contract, and the rice and indigo to Messrs Hortalez & Co. from whom, by the way, we have not yet been able to procure any account.

I have lately employed an accountant, the son of our banker, to form complete books of our accounts, to be sent to Congress. They are not yet ready. When they are, I shall send them by the first safe opportunity. In the meantime, I may just mention some particulars of our disbursements. Great quantities of clothing, arms, ammunition, and naval stores, sent from time to time; payment of bills from Mr Bingham, one hundred thousand livres; Congress bills in favor of Haywood & Co. above two hundred thousand; advanced to Mr Ross, about twenty thousand pounds sterling; paid Congress drafts in favor of returned officers, ninetythree thousand and eighty livres; to our prisoners in England, and after their escape to help them home, and to other Americans here in distress, a great sum; I cannot at present say how much; supplies to Mr Hodge for fitting out Captain Cunningham, very considerable; for the freight of ships to carry over the supplies, great sums; to Mr William Lee, and Mr Izard, five thousand five hundred pounds sterling; and for fitting the frigates Raleigh, Alfred, Boston, Providence, Alliance, Ranger, &c. I imagine not less than sixty or seventy thousand livres each, taken one with another; and for the maintenance of the English prisoners, I believe, when I get in all the accounts, I shall find one hundred thousand livres not sufficient, having already paid above sixtyfive thousand on that article. And now the drafts of the Treasurer of the loans, coming very fast upon me, the anxiety I have suffered, and the distress of mind lest I should not be able to pay them, has for a long time been very great indeed.