Benjamin Franklin Papers - Robert R. Livingston to the American Commissioners (unpublished)

You will receive herewith the plan of a treaty such as we wish to form with Great Britain and which you will endeavour to obtain particularly the 3d and 4th articles which relate to a free commerce with all their territories for which we conceive they will find an equivalent in the amenities that are offered to their subjects particularly to those who are permitted to settle amongst us for tho’ this is reciprocal yet as the commerce is more extensive and active than our there is reason to believe that many of the subjects of his britanic majesty will settle among us and direct our trade into the channels in which they wish it to run while few of the citizens of these states will avail themselves of it nor can much advantage be derived there from to the community at large.

Should you find it impossible to obtain the Consent of his britanic majesty to these articles in all their extent. You will substitute others as similar to them as possible allways bearing in mind that the great leading object of these states is to find the West India market open for this produce and to be permitted as far as possible to be the currier of this produce. The trade to the coast of Africe is another object which those articles are designed to embrace for having no factories established it will be often more convenient to trade with theirs than directly with the natives.

If in our treaty with Spain we should not be able to obtain leave to cut wood in the bay of hundamous and Compechy it would be of consequence to obtain admission by a treaty with Great Britain to such parts as may be assigned them, and if it still be deemed improper to permit us to cut for ourselves at least to purchase of those whom the british have established there. If you should think this object not sufficiently comprized in the treaty as it now statd you will make such addition to it as shall remove all doubts.

If it should be asserted that we give no equivalent for these advantages you will not fail to observe that a full compensation is found in our commerce. That the trade of Great Britain is not essential to us, that there are few articles that we take from her which may not be obtained else where. That unless the channels of trade we proposed are opened to us we shall be without the means of paying for the manufacturers we receive from her. And will find ourselves compelled to shut them out and manufacture for ourselves. Whereas by giving us a market for our raw materials agriculture and not manufactures will be encouraged among us. You will therefore in no event conclude any treaty with Great Britain that does not at least put our trade with her West India Islands upon this former footing.

As to the other articles we submit them to your judgment only observing that where by the treaty particular immunities are given that they should be so expressed as to shew the condition on which they are given. So that they may not be claimed by other nations who shall not comply with the conditions. The whole of our treaty with France and the of our treaty with the United provinces will explain this to you.

You will however do nothing definitive in this business but submit the treaty after you shall have agreed thereon to Congress. You will form such convention upon the principles of the treaty as will prevent any interruption of our commerce in the mean while and at the same time leave sufficient leisure for Congress to examine and approve or disapprove the treaty. No article relative to the fisheries is inserted in this plan, on the presumption that every necessary measure for securing them in the most ample measures has been taken [torn] the definive Trea[ty]. any thing should omitted you insert in this the proper for correcting the omission. The term fixed upon in Congress for this purpose is one year.