From David Hartley (unpublished)
London March 12. 1783.
My dear Friend,

It is a long while since I have heard from you or indeed since I writ to you. I heartily congratulate you upon those pacific events which have already happened and wish to see all other final Steps of Conciliation succeed speedily. I send you Copies of two Papers which I have already communicated to Mr. Laurens the one called conciliatory Propositions in March 1783; the other a Sketch of a provisional Treaty of Commerce for opening the Ports between Great Britain and the United States of America without Delay to each of which is prefixed a short State of the argument on each head.

As for the News of this Country you have doubtless heard that Lord Shelburn’s administration has for some time been considered as at an End, altho’ no other has been as yet substituted in the Place of it. It was understood yesterday, and I believe with good Foundation, that what is now called the Portland Party have been applied to, and they are considered as the Party most likely to succeed. As far as my wishes go such an event would be most satisfactory to me. I have known the D. of Portland for many years and by Experience, I know him to be a Noble Man of the strictest honor and of the soundest Whig Principles, sincere and explicit in every thought and Transaction, manly in his Judgement and firm in his Conduct. The Kingdom of Ireland of which he was lately L. Lieutenant bears unanimous testimony to this Character of him. The Cavendish Family (a good whig Name) Mr. Fox, Ld. Fitz William &c. &c. form the core of his System and connexions. I most earnestly wish to see a firm Administration upon a whig foundation which I should consider as a solid Basis on the Part of this Country for a perpetual Correspondence of Amity and conciliation with America. I am very anxious to hear of your health. God bless you. Ever Your most affectionate

G. B.

Conciliatory Propositions March 1783.

Terms of Peace having been agreed upon between Great Britain and France on 20. Jan. 1783. There need not be any farther Delay in proceeding to conclude the proposed Treaty between Great Britain and the United States of America upon the Basis of the provisional Articles of the 30th. of November 1782.

It is to be observed that none of the Articles of the provisional Treaty are to take effect untill the Conclusion of the definitive Treaty with America. At which time like wise all Places in the American States in possession of the British arms are to be evacuated and the British Army withdrawn from the United States (by Art. 7). If therefore it should be wished on the Part of Great Britain to bring forward the 5th. Article respecting the Loyalists before the Conclusion of the definitive Treaty with America. The Bayonet should be with drawn from the American Breast by the voluntary removal of the British Troops with all convenient Dispatch. This Condition of the Removal of the Troops is likewise necessary before any provisional Terms of Commerce with America can take place.

By the 6th. Article of the provisional Treaty all future Confiscations in America are precluded—altho the Prosecutions at present subsisting are not to be stopped before the definitive Treaty. But if the substantial Pledge of returning Amity on the part of Great Britain viz the removal of the Troops should be voluntarily anticipated, it would be but seasonable that all Propositions should be immediately abated on the part of America, and to facilitate the removal of the Troops the Loyalists may be permitted to remain in Safety and unmolested (if they chuse to remain) from the period of removing the Troops untill 12 Months afterr the definitive Treaty.

There is another Article of the provisional Treaty the delay of which is much to be lamented viz the mutual release of Prisoners of War on both Sides. As this is an Article of Reciprocity, both Sides from principles of Humanity are equally interested to bring it forward into effect Speedily; that those unhappy Captives may not alone suffer the Miseries of War in the time of Peace.

1.That the British Troops shall be with drawn with all convenient
2.That the Commissioners on both Sides do proceed to the
3.That the Commissioners do speedily negociate a provisional
4.That the Commissioners do negotiate a perpetual Treaty of
5.That all Prosecutions of the Loyalists in America be
6.That all Prisoners on both Sides be immediately released.
7.That Intercourse of Amity and Commerce do immediately take
Sketch of a provisional Treaty of Commerce.

As soon as Preliminaries of Peace are signed with any independent State such as Spain France and Holland the Course of mutual Commerce emerges upon the same Terms and Conditions as were existing antecedent to the War the New Duties imposed during the War excepted. The case between Great Britain and America from a dependent Nation before the War emerges an independent Nation after the War. The Basis therefore of Provisional Treaty between Great Britain and the United States would be simply to arrange such Points as would emerge after the War impracticable and discordant to the newly-established Independence of the American States and to leave all others as much as possible untouched. For Instance that all instrumental Regulations such as Papers Bonds, Certificates Oaths, and all other Documents should be between Great Britain and the United States upon the same footing and no other than as between Great Britain and any other independant Nation, but that all Duties, draw-backs Bounties, Rights, Privileges and all pecuniary Considerations should emerge into Action and effect as before. I say emerge as before not stipulated for any fixed Term, because I am speaking of a provisional Treat not of a Provisional Bill of Commerce for a specified Period. By this Means all Difficulties which otherwise would be accumulated and obstruct a temporary and provisional Act as avoided in Limine. The Ports will be immediately and mutually opened upon specified and known Conditions. If the Legislature of either Country think proper to introduce on its own Part any New Conditions or Regulation even previous to the intended Treaty of Commerce that will not shut the Ports again generally but only operate pro tanto according to the Case; on which side soever any novel Condition shou’d arise the other will likewise be at Liberty to make any corresponding Regulations as between Independent Nations. The Great object is to open the Ports between Great Britain and the United States immediately upon the Signature of Preliminaries of Peace as between France and Great Britain. By the Proposition above stated Great Britain and France and Great Britain and the United States, respectively on the Subject of Intercourse of Commerce, would emerge again after the War, into Situations relatively Similar to their Situation before the War.

The Crown of Great Britain is enabled by the conciliatory Act of 1782 to repeal, annull, make void or suspend for any time or times the Operation and Effect of any Act of Parliament or any clause Provision, Matter or thing therein contained relating to the Colonies or Plantations now become the United States of America; and therefore the Crown is not only competent to conclude but likewise to carry into effect any provisional Treaty of Commerce with America. The first Foundation must be laid in the total report of the Prohibitory Act of Decr. 1775, not only as prohibiting Commerce between Great Britain and the United States, but as the Corner Stone of the War by giving up universally all American Property at Sea to military Plunder without any Redress to be obtained by Law in any British Court of Admiralty. After this all obstructions from the Act of Navigation and other Acts regulating the Commerce of the States of America (formerly dependant upon Great Britain) may be removed. Instructions may be sent to the Commissioners of the Customs to dispence with Bonds Certificates &ca. which by the old Laws are required to be discharged or attested by supposed Governors naval or Custom House officers in America. The Questions of Drawbacks Bounties and after opening the Ports, may remain free Points of Discussion and Regulation as between States having no commercial Treaty subsisting between them. As the Crown is competent to open an Intercourse of Commerce with America by Treaty, this mode is preferable to any Act of Parliament which may only be a Jealous and suspicious Convention ex parte. This mode by Treaty avoids the accumulated Difficulties which might otherwise obstruct the first opening of the Ports by Act of Parliament and above all it secures an alternate Binding Part of the Bargain which no act of Parliament can do.

Breviate of the Treaty viz Provisional for Intercourse and Commerce between Great Britain and the United States of America. 1st. That all Ports shall be mutually open for Intercourse and Commerce. 2. And therefore the King of Great Britain agrees for the Repeal of the prohibitory Acts viz .16 Geo. 3d Chapt. 5th &ca. the King of Great Britain likewise agrees by Instructions according to the Laws of Great Britain to his Commissioners of Customs, and other officers to remove all obstructions to American Ships either entering inwards or clearing outwards which may arise from any Acts of Parliament heretofore regulating the Commerce of the American States, under the Description of British Colonies and Plantations, so as to accomodate every Circumstance to the reception of their Ships as the Ships of Independent States. 3d. All Duties, Drawbacks, Bounties, Rights, Privileges and all other money-Considerations shall remain respecting the United States of America, upon the same footing as they now remain respecting the Province of Nova Scotia in America, or as if the aforesaid States had remained dependent upon Great Britain. All this subject to Regulations or Alterations by any future Acts of the Parliament of Great Britain. 4th. On the Part of the States of America it is agreed that all Laws prohibiting the Commerce with Great Britain shall be repealed. 5th. Agreed upon the same Part that all Ships and Merchandizes of the British Dominions shall be admitted upon the same terms as before the War, except any Imports laid during the War. All this subject to future Regulations or Alterations by the Legislature of American States respectively. 6th. The Principles and Spirit of this Treaty to be supported on either Side by any necessary supplemental Arrangements. No tacit Compliance on the Part of America in any subordinate Points to be argued at any time hereafter to the Prejudice of their Independence.

Copy of a Letter from D. Hartley Esqr to B: Franklin Esqr
Endorsed: Mr. Hartley’s Letter to Dr. Franklin March 12. 1783.
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