debts have been assigned to your memorialists and their
correspondents, they had entertained the most sanguine
hopes and expectations that those lands would have, by
the preliminary articles lately concluded between the
commissioners of his Majesty and those on the part of the
United States of America, been deemed subject and bound
to the payment of the several demands and claims of your
memorialists, but to their great surprise they find no notice
taken therein of the conditions upon which those lands
were vested in the Crown.

Your memorialists, as the Crown at the time of the



PART III. OF BENJAMIN FRANKLIN. 371

cession, did not stand pledged either to the Indians or
their creditors for the payment of the debts, upon which
condition the cession was made, could not expect or claim
any right of receiving payment from the Crown, while
lands ceded to his Majesty for that purpose were liable to
the said payment ; they humbly presume to say, that the
independency of the United States of America being now
acknowledged and the boundaries of those states ascer
tained, all lands heretofore vested in the Crown within
those boundaries, and which the different Indian nations do
not claim as their property, must be deemed as vested in
the respective states within whose limits they are situated :
and as the Indians have formally ceded the lands in ques
tion to his Majesty, and thereby renounced all right
thereto, and property therein, they are to all intents and
purposes a part of the state of Georgia, without any
condition or being bound to make good any payment, for
the purpose of which alone they were ceded to and vested
in his Majesty ; and your memorialists are thereby effectu
ally barred from any claim or expectation of being paid
their several demands, to which payment those lands while
vested in his Majesty were liable.

Your memorialists humbly conceive that his Majesty
having conceded to the State of Georgia the lands in
question, without any stipulation in favour of your memo
rialists, that they are fully warranted in their humble expecta
tions that some mode of payment will be adopted or other
expedient proposed for their relief. And they therefore
earnestly request, that taking the merit of their case into
consideration, you will be pleased to lay this their humble



37 2 P.R1VATE CORRESPONDENCE PART III.

representation before his Majesty for his gracious pleasure
therein.

GREENWOOD AND HiGGiNsoN hir>

JOHN BULT.

GRAHAM SIMPSON.

CLARK AND MILLIOAN.

JAMES JACKSON.
London, April 11, 1783.

COMMISSION OF D. HARTLEY, ESQ. presented to the
American Plenipotentiaries, May 19, 1783.

GEORGE R.

George the third, by the Grace of God King
of Great Britain, France and Ireland, defender of the
Faith, Duke of Brunswick and Lunenburg, Arch treasurer
and Prince Elector of the Holy Roman Empire, &c.
To all to whom these Presents shall come greeting.

Whereas for the perfecting and establishing the peace
and friendship and good understanding so happily com
menced by the provisional articles signed at Paris the
thirtieth day of November last, by the commissioners of us
and our good friends the United States of America, viz.
New Hampshire, Massachusets Bay, Rhode Island, Con
necticut, New York, New Jersey, Pennsylvania, the three
lower counties on Delaware, Maryland, Virginia, North
Carolina, South Carolina and Georgia in North America,
and for opening, promoting and rendering perpetual the
mutual intercourse of trade and commerce between our
kingdoms and the dominions of the said United States,
we have thought proper to invest some fit person with full
powers on our part to meet and confer with the ministers



PART III. OF BENJAMIN FRANKLIN. 373

of the said United States now residing at Paris, duly
authorized for the accomplishing of such laudable and
salutary purposes. Now know ye, that we reposing
special trust and confidence in the wisdon, loyalty, dili
gence and circumspection of our trusty and well beloved
David Hartley, Esq. on whom we have therefore conferred
the rank of owr minister plenipotentiary, have nominated,
constituted and appointed, and by these presents do
nominate, constitute and appoint him our true, certain and
undoubted commissioner, procurator and plenipotentiary ;
giving and granting to him all and all manner of faculty,
power and authority, together with general as \\ell as
special order (so as the general do not derogate from the
special, nor on the contrary) for us and in our name, to
meet, confer, treat and conclude with the minister or
ministers furnished with sufficient powers on the part of
our said good friends the United States of America, of and
concerning all such matters and things as may be requisite
and necessary for accomplishing and completing the several
ends and purposes herein before mentioned, and also for
us and in our name to sign such treaty or treaties, conven
tion or conventions, or other instruments whatsoever, as
may be agreed upon in the premises, and mutually to deliver
and receive the same in exchange and to do and perform
all such other acts, matters and things as may be any ways
proper and conducive to the purposes above mentioned,
in as full and ample form and manner and with the like
validity and effect, as we ourself, if we were present, could
do and perform the same : engaging and promising, on
our royal word, that we will accept, ratify and confirm in
the most effectual manner all such acts, matters and
things, as shall be so transacted and concluded by our



374 PRIVATE CORRESPONDENCE PART III.

aforesaid commissioner, procurator and plenipotentiary,
and that we will never suffer any person to violate the
same, in the \\hole or in part, or to act contrary thereto.
In testimony and confirmation of all uhich, we have
caused our great seal of Great Britain to be affixed to
these presents signed with our royal hand.

Given at our palace at St. James s fourteenth day of
May in the year of our Lord one thousand seven hundred
and eighty three, and in the twenty third year of our reign.

I David Hartley the minister above named certify the

foregoing to be a true copy from my original commission,

delivered to the American ministers, this 19th day of

May, 1783. *

(signed) D. HARTLEY.

ORDER IN COUNCIL May 14, 1783 read to and left with
the American Ministers this Twenty-First Day of
May, 178S, by D. HARTLEY, ESQ.

At the Court at St. James s, May 14, 1783.
Present, the King s most excellent Majesty in Council.

Whereas by an act of parliament passed this
session, intituled, " An Act for preventing certain Instru
ments from being required from Ships belonging to the
United States of America, and to give to his Majesty,
for a limited time, certain powers, for the better carrying
on Trade and Commerce between the Subjects of his
Majesty s Dominions and the Inhabitants of the said
United States," it is among other things enacted that
dining the continuance of the said act, it shall and may
be lawful for his Majesty in council, by order or orders



PART III. OF BENJAMIN FRANKLIN. S?5

to be issued and published from time to time, to give such
directions, and to make such regulations with respect to
duties, drawbacks or otherwises, for carrying on the trade
and commerce between the people and territories belong
ing to the crown of Great Britain, and the people and
territories of the said United States, as to his Majesty in
council shall appear most expedient and salutary ; any
law, usage or custom to the contrary notwithstanding ;
his Majesty doth, therefore, by, and with the advice of
his privy council, hereby order and direct, that any oil or
any unmanufactured goods or merchandizes, being the
growth or production of any of the territories of the said
United States of America, may (until further order) be
imported directly from thence into any of the ports of
this kingdom, either in British or American ships, by
British subjects, or by any of the people inhabiting in
and belonging to the said United States, or any of them,
and such goods or merchandizes, shall and may be entered
and landed in any port in this kingdom, upon payment of
the same duties as the like sort of goods are or may
be subject and liable to, if imported by British subjects
in British ships from any British island or plantation in
America, and no other, notwithstanding such goods or
merchandizes, or the ships in which the same may be
brought, may not be accompanied with the certificates or
other documents heretofore required by law, and it is
hereby further ordered and directed that there shall be the
same drawbacks, exemptions, and bounties on merchan
dizes and goods exported from Great Britain into the
territories of the said United States of America or any of
them, as are allowed upon the exportation of the like
goods or merchandize, to any of the islands, plantations



376 PRIVATE CORRESPONDENCE PART III.

or Colonies belonging to the Crown of Great Britain in
America ; and it is hereby farther ordered and directed,
that all American ships and vessels which shall have volun
tarily come into any port of Great Britain since 20th of
January, 1783, shall be admitted to any entry made, shall
be entitled, together with the goods and merchandizes on
board the same ships and vessels, to the full benefit of this
order ; and the Right Honorable the Lords Commission
ers of his Majesty s Treasury and the Lords Commis
sioners of the admiralty, are to give the necessary direc
tions herein, as to them may respectively appertain.

WM. FAWKNER.

MR. HARTLEY S Observations and Propositions, left
with the AMERICAN MINISTERS the 21st Muy, 1783.

A proposition having been offered by the Ame
rican Ministers, for the consideration of his Britannic
Majesty s Ministers, and of the British nation, for an entire
and reciprocal freedom of intercourse and commerce be
tween Great Britain and the American United States,
in the following words, viz.

" That all rivers, harbours, lakes, ports and places be
longing to the United States, or any of them, shall be
open and free to the merchants and other subjects of the
Crown of Great Britain, and their trading vessels, who
shall be received, treated and protected, like the merchants
and trading vessels of the State in which they may be,
and be liable to no other charges or duties.

" And reciprocally that all rivers, harbours, lakes, ports,
and places under the dominion of his Britannic Majesty,
shall be open and free to the merchant and trading vessels
of the said United States, and of each and every of them,



TART III. OF BENJAMIN FRANKLIN. 377

\vho shall be received, treated and protected, like the
merchants and trading vessels of Great Britain, and be
liable to no other charges and duties, saving always to the
chartered companies of Great Britain, and such exclusive
use and trade of their respective ports and establishments,
as neither the other subjects of Great Britain, or any of
the most favoured nation participate in."

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 de
pendence upon Great Britain, so as to amount to an entire
abolition of the British Act of Navigation with respect to
the thirteen United States of America ; and although pro
ceeding on their part from the most conciliator) and liberal
principles of amity and reciprocity, nevertheless it comes
from them as newly established States, and who, in conse
quence 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 conside
rations, 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 consi
deration and discussion of so important a proposition, re
specting the present established system of the commercial
policy and laws of Great Britain, and their subsisting
commercial engagements with sovereign powers, it is
proposed that a temporary intercourse of commerce shall



378 PRIVATE CORRESPONDENCE PART III.

be established between Great Britain and the American
States, previously to the conclusion of any final and per
petual 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 abov& 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 pro
duce of the United States should be admitted into Great
Britain without any other duties (those imposed during the
\var 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 Bri
tish manufactures into America, while no such indulgence
is given to American manufactures in Great Britain ; the
answer is obvious, that the admission of British manufac
tures 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 manufac
tures 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,



PART III. OF BENJAMIN F&ANKLIN. 379

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 merchandize 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 interest 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
Indian 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 her whole navigation act.
There is no necessity of any similar restrictions on the
part of the American States, those States not having as
yet any Acts of Navigation,

Proposed Agreement.

Whereas it is highly necessary that an intercourse
of trade and commerce should be opened between the
people and territories belonging to the Crown of Great
Britain and the people and territories of the United States
of America. And whereas it is highly expedient that the in
tercourse between Great Britain and the said United States
should be established on the most enlarged principles of
reciprocal benefit to both countries ; but, from the dis
tance between Great Britain and America, it must be a



380 PRIVATE CORRESPONDENCE PART III.

considerable time before any convention or treaty for
establishing and regulating the trade and intercourse
between Great Britain and the said United States of
America, upon a permanent foundation, can be concluded.
Now, for the purpose of making a temporary regulation
of the commerce and intercourse between Great Britain
and the said United States of America, it is agreed that
all citizens of the United States of America shall be per
mitted to import into, and export from any part of his
Britannic Majesty s Dominions, in American ships, any
goods, wares, and merchandise, which have been so im
ported or exported by the inhabitants of the British Ame
rican colonies, before the commencement of the war, upon
payment of the same duties and charges, as the like sort of
goods or merchandise are now or may be subject and liable
to, if imported by British subjects, in British ships, from
any British island or plantation in America ; and that all
the subjects of his Britannic Majesty shall be permitted
to import from any part of the territories of the thirteen
United States of America, in British ships, any goods,
wares and merchandise which might have been so import
ed or exported by the subjects of his Britannic Majesty,
before the commencement of the war, upon payment of the
same duties and charges, as the like sort of goods, wares,
and merchandises are now, or may be subject and liable to,
if imported in American ships by any of the citizens of
the United States of America.

This agreement to continue in force until . . . -i tf
Provided always, that nothing contained in this agree
ment shall at any time hereafter be argued on either side
in jsupport of any future demand or claim.



PART III. OF BENJAMIN FRANKLIN. 381

MR. TEMPLE FRANKLIN TO D. HARTLEY, ESQ.

SIR, Pans, May C 2l, 1783.

The American ministers direct me to present
you their compliments, and to desire to be informed, whe
ther the proposition you made them this evening is such
as you can agree to and subscribe, without further instruc
tions or information from your Court ? I hate the honour
to be, &,c. W.T. FRANKLIN.

To THE COMMISSIONERS PLENIPOTENTIARY or
THE UNITED STATES, &c.

Dover, Tuesday morning, 4 o clock,
GENTLEMEN, IQt/i June, 1783.

This moment landed, as a boat is going
over to Calais, the inclosed proclamation may possibly
arrive new to you. To me it wears the aspect of one part
of a commercial treaty, I shall not wonder should I see
our friend D. Hartley in London this week. I purpose
lodging there to-night. There and every where I shall be
as I am, your faithful however feeble aid, and obedient
servant, H E N R Y LA u R E N s.

At the Court at ST. JAMES S, the 6th of JUNE, 1783.

Present the King s most Excellent Majesty in
Council.

Whereas by an Act of Parliament passed this
Session, intituled, " An Act for preventing certain instru
ments from being required from ships belonging to the
United States of America, and to give to his Majesty, for



382 PRIVATE CORRESPONDENCE PART 111.

a limited time, certain powers for the better carrying on
trade and commerce between the subjects of his Majesty s
dominions and the inhabitants of the said United States,"
it is, among other things, enacted, that during the conti
nuance of the said Act, it shall and may be lawful for his
Majesty in Council, by order or orders to be issued and
published from time to time, to give such directions and to
make such regulations with respect to duties, drawbacks,
or otherwise, for carrying on the trade and commerce be
tween the people and territories belonging to the Crown of
Great Britain, and the people and territories of the said
United States, as to his Majesty in Council shall appear
most expedient and salutary, any law, usage, or custom,
to the contrary notwithstanding. His Majesty doth
therefore, by and with the advice of his privy Council
hereby order and direct, that pitch, tar, turpentine, indigo,
masts, yards, and bowsprits, being the growth or produc
tion of any of the United States of America, may (until
further order) be imported directly from thence into any
ports of this kingdom, either in British or American ships,
by British subjects, or by any of the people inhabiting in,
and belonging to the said United States, or any of them ;
and that the articles above recited shall and may be entered
and landed in any port of this kingdom upon payment of
the same duties, as the same are or may be subject and
liable to, if imported by British subjects in British ships
from any British island or plantation in America, and no
other, notwithstanding such pitch, tar, turpentine, indigo,
masts, yards, and bowsprits, or the ships in which the
same may be brought, may not be accompanied with the
certificates or other documents heretofore required by
law ; and his Majesty is hereby further pleased, by and



PART III. OF BENJAMIN FRANKLIN. 383

with the advice aforesaid, to order and direct that any
tobacco, being the growth or production of any of the ter
ritories of the said United States of America, may like
wise (until further order) be imported directly from thence,
in manner above-mentioned, and may be landed in this
kingdom, and upon the importer paving down in ready
money the duty commonly called the Old Subsidy, such
tobacco may be warehoused under his Majesty s locks,
upon the importer s own bond, for payment of all the
farther duties due for such tobacco, within the time limited
by law, according to the net weight and quantity of such
tobacco, at the time it shall be so landed, with the same
allowances for the payment, or such farther duties, and
under the like restrictions and regulations in all other
respects, not altered by this order, as such tobacco is and
may be warehoused by virtue of any Act or Acts of Par
liament in force. And the Right Honorable the Lords
Commissioners of his Majesty s treasury, and the Lords
Commissioners of the Admiralty, are to give the necessary
directions herein, as to them may respectively appertain.

STEPH. COTTREL.

To THE AMERICAN MINISTERS.

GENTLEMEN, Paris, June 14, 1783.

Permit me to address the enclosed memo
rial to your Excellencies, and to explain to you my reasons
for so doing. It is because many consequences now at
great distance, and unforeseen by us, may arise between
our two countries, perhaps from very minute and inci
dental transactions which, in the beginning, may be im
perceptible and unsuspected as to their future effects.



384 PRIVATE CORRESPONDENCE PATIT 111;

Our respective territories are in vicinity, and therefore we
must be inseparable. Great Britain, with the British
power in America, is the only nation with whom by abso
lute necessity you must have the most intimate concerns,
either of friendship or hostility. All other nations are
3000 miles distant from you. You may have political
connexions with any of these distant nations, but with
regard to Great Britain it must be so. Political inter
course and interests will obtrude themselves between our
two countries, because they are the two great powers di
viding the Continent of North America. These matters
are not to come into discussion between us now. They
are of too much importance either to be involved or even
glanced at, in any present transaction.

Let every eventual principle be kept untouched, until
the two nations shall have recovered from the animosities
of the war. Let them have a pacific interval to consider
deliberately of their mutual and combined interests, and
of their engagements with other nations. Let us not at
the outset of a temporary convention, adopt the severe
principle of reducing every transaction between the two
countries to the footing of exact reciprocity alone. Such
a principle would cast a gloom upon conciliatory projects.
America is not restrained from any conciliation with Great
Britain, by any treaty with any other power. The princi
ples of conciliation would be most desirable between Great
Britain and America ; and forbearance is the road to con
ciliation. There are all reasonable appearances of con
ciliatory dispositions on all sides, which may be perfected
in time. Let us not therefore at such a moment as this,
and without the most urgent necessity, establish a morose
principle between us. If it were a decided point against



PART III. OF BENJAMIN FRANKLIN. 385

amity and conciliation, it would be time enough to talk of
partition and strict reciprocity. To presume in favour of
conciliation may help it forward ; to presume against it,
may destroy that conciliation which might otherwise have
taken place.

But in the present case there is more than reason to