London March 12. 1783.
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
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evacuated and the British Army withdrawn from the United States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