Benjamin Franklin Papers - The American Commissioners to David Hartley (unpublished)

We have received the Letter which you did us the honour to write yesterday.

Your Friendly congratulations on the Signature of the Definitive Treaty, meet with Cordial Returns on our Part, and we sincerely rejoice with you in that Event, by which the Ruler of Nations has been graciously pleased to give Peace to our two Countries.

We are no less ready to join our Endeavours than our Wishes with yours, to concert such Measures for regulating the future Intercourse between Great Britain and the United States, as by being consistent with the honour and Interest of both may tend to encrease and perpetuate mutual Confidence and Good Will.

We ought nevertheless to apprize you that as no Construction of our Commission could at any Period extend it unless by Implication, to several of the proposed Stipulation; and as our Instructions respecting commercial Provisions however explicit suppose their being incorporated in the Definitive Treaty, a recurrence to Congress previous to the signature of them will be necessary, unless obviated by the Dispatches we may sooner receive from them.

We shall immediately write to them on the Subject, and we are persuaded that the same Disposition to Confidence and Friendship, which has induced them already to give unrestrained Course to British Commerce, and unconditionally to liberate all Prisoners at a time when more Caution would not have appeared Singular, will also urge their attention to the Objects in question and lead them to every proper Measure for promoting a liberal and satisfactory Intercourse between the two Countries. We have communicated to Congress the repeated friendly Assurances with which you have officially honour’d us on these Subjects and we are persuaded that the Period of their being realized will have an auspicious and conciliating Influence on all the Parties in the late unhappy Dissentions. We have the honour to be Sir with great Respect and Esteem. Your most obedient and humble Servants

We must nevertheless candidly inform you that we consider our Commission as terminated and therefore without further Authority from Congress will not be able to sign and conclude. All we can at present do is to confer with you and recommend to Congress such Propositions as may appear to us to merit their Assent and we shall propose to them to send a Commission to Europe without Delay for these important Purposes. The unrestrained Course already given by the States to the British Commerce with them and the unconditional Liberation of Prisoners, at a Time when more Caution would not have been singular are marks of Liberality and Confidence, which we flatter ourselves will be equalled by the Magnanimity of his Majesty and the People of Great Britain.