right to bind its own citizens, yet in our opinion it appertains solely to Congress, in whom exclusively are vested the right of making war and peace, to pass acts against the subjects of a Power with which the confederacy may be It therefore only remained for us to consider, whether this article is founded in justice and good policy.

at war.

In our opinion no acts of government could dissolve the obligations of good faith, resulting from lawful contracts between individuals of the two countries, prior to the war. We knew that some of the British creditors were making common cause with the refugees, and other adversaries of our independence; besides, sacrificing private justice to reasons of state and political convenience, is always an odious measure, and the purity of our reputation in this respect in all foreign commercial countries is of infinitely more importance to us, than all the sums in question. It may also be remarked, that American and British creditors are placed on an equal footing.

These articles were among the first discussed, and the last agreed to. And had not the conclusion of their business, at the time of its date, been particularly important to the British administration, the respect which both in London and Versailles, is supposed to be duẻ, to the honour, dignity, and interests of royalty would probably have for ever prevented our bringing this article so near to the views of congress, and the sovereign rights of the states as it now stands. When it is considered, that it was utterly impossible to render this article perfectly

consistent both with American and British ideas of honour, we presume that the middle line adopted by this article, is as little unfavourable to the former, as any that could in reason be expected. u.

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As to the separate article, we beg leave to observe that it was our policy to render the navigation of the river Mississippi, so important to Britain, as that their views might correspond with ours on that subject. Their possessing the country on the river, north of the line from the lake of the woods, affords a foundation for their claiming such navigation. And as the importance of West Florida to Britain was for the same reason rather to be strengthened than otherwise, we think it advisable to allow them the extent contained in the separate article, especially as before the war it had been annexed by Britain to West Florida, and would operate as an additional inducement to their joining with us in agreeing that the navigation of the river should for ever remain open to both. The map used in the course of our negociations was Mitchell's.

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As we had reason to imagine that the articles respecting the boundaries, the refugees, and fisheries, did not correspond with the policy of this court, we did not communicate the preliminaries to the minister, until after they were signed; and not even then the separate article. We hope that these considerations will excuse our having so far deviated from the spirit of our instructions. The Count de Vergennes on perusing the articles appeared surprized, but not displeased at their being so favourable to us.

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We beg leave to add our advice that copies be sent us of the accounts directed to be taken by the different states of the unnecessary devastations and sufferings sustained

by them from the enemy in the course of the war; should they arrive before the signature of the definitive treaty they might possibly answer very good purposes. With great respect, we have the honour to be, Sir, your most obedient and most humble servants,

SIR,

To M. LE COMTE DE VERGENNES.

Pussy, Dec. 15, 1782.

I have the honour to acquaint your Excellency, that our courier is to set out to-morrow at ten o'clock, with the dispatches we send to Congress, by the Washington, Captain Barney, for which ship we have got a passport from the King of England. If you would make any use of this conveyance, the courier shall wait upon you to-morrow at Versailles, and receive your orders.

I hoped I might have been able to send part of the aids we have asked, by this safe vessel. I beg that your Excellency would at least inform me, what expectations I may give in my letters. I fear the Congress will be reduced to despair, when they find that nothing is yet obtained. With the greatest and most sincere respect, I am, Sir, your Excellency's most obedient and most humble servant, B. FRANKLIN.

THE ANSWER.

Je puis être surpris, Monsieur, après l'explication que j'ai eu avec vous, et la promesse que vous

m'aviez faite que vous ne presseriès pas l'obtention d'un passeport Anglois pour l'expedition du pacquet bot le Washington, que vous me fassiès part que vous avez reçu le même passeport, et que demain à dix-heures du matin votre courrier partira pour porter vos depeches. Je suis assez embarrassé, Monsieur, à expliquer votre conduite et celle de vos collegues à notre égard. Vous avez arreté vos articles préliminaires sans nous en faire part, quoique les instructions du Congrès vous pourscrivissent de ne rien faire sans la participation du Roi. Vous allez faire luire un espoir certain de paix en Amérique sans même vous informer de l'état de notre négociation. Vous êtes sage et avisé, Monsieur; vous connoissez les bienséances, vous avez rempli toute votre vie vos devoirs. Croiez vous satisfaire à ceux qui vous tiennent au Roi? porter plus loin les reflexions, je les abandonne à votre hounêteté. Quand vous aurez bien voulu satisfaire à mes doutes, je prierai le Roi de me mettre en état de répondre à vos demandes.

Je ne veux pas

J'ai l'honneur d'être, avec une véritable considération, Monsieur, votre très humble et très-obéissant serviteur, Versailles, le 15 Xbre, 1782. DE VERGENNES. i

To M. LE COMTE DE VERGENNES.

SIR,

Passy, Dec. 17, 1782

I received the letter your Excellency did me the honour of writing to me on the 15th instant. The proposal of having a passport from England was agreed to by me the more willingly, as I at that time had hopes of obtaining some money to send in the Washington, and the passport would have made its transportation safer, with VOL. II.

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that of our dispatches, and of yours also, if you had thought fit to make use of the occasion. Your Excellency objected, as I understood it, that the English ministers by their letters sent in the same ship, might convey inconvenient expectations into America. It was therefore I proposed not to press for the passport till your preliminaries were also agreed to. They have sent the passport without being pressed to do it, and they have sent no letters to go under it, and ours will prevent the inconvenience apprehended. In a subsequent conversation your Excellency mentioned your intention of sending some of the King's cutters, whence I imagined that detaining the Washington was no longer necessary; and it was certainly incumbent on us to give Congress as early an account as possible of our proceedings, who might think it extremely strange to hear of them by other means, without a line from us. I acquainted your Excellency however with our intention of dispatching that ship, supposing you might possibly have something to send by her.

Nothing has been agreed in the preliminaries contrary to the interests of France; and no peace is to take place between us and England, till you have concluded yours. Your observation is however apparently just, that in not consulting you before they were signed, we have been guilty of neglecting a point of bienséance. But as this was not from want of respect for the King, whom we all love and honour, we hope it will be excused, and that the great work which has hitherto been so happily conducted, is so nearly brought to perfection, and is so glorious to his reign, will not be ruined by a single indiscretion of ours. And certainly the whole edifice sinks to the ground immediately,