customs to dispense with bonds, certificates, &c. 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, &c. after opening the ports, may remain free points of discussion and regulation, as between states having no commer cial 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 be only 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.

1. 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. III. chap. 5, &c. 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 or plantations, so as to accommodate every circumstance to the reception of their ships, as the ships of independent states.

VOL. II.

Ꮓ

3. 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.

4. On the

part of the

of the States of America, it is agreed that all laws prohibiting the commerce with Great Britain shall be repealed.

5. Agreed upon the same part, that all ships and merchandize of the British dominions shall be admitted upon the same terms as before the war, except any imposts laid during the war. All this subject to future regulations or alterations by the legislatures of American States respectively.

6. 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.

Passy, March 23, 1783.

་་

I received the letter you did me the honour of writing to me requesting a recommendation to America of Mr. Joshua Grigby. I have accordingly written one; and having an opportunity the other day, I sent it } under cover to Mr. Benjamin Vaughan..

The general proclamations you wished for, suspending

or rather putting an end to hostilities, are now published; so that your heart is at rest," and mine with it. You may depend on my joining my hearty endeavours with yours, in "cultivating conciliatory principles between our two countries," and I may venture to assure you, that if your bill for a provisional establishment of the commerce had passed as at first proposed, a stipulation on our part in the definitive treaty to allow reciprocal and equal advantages and privileges to your subjects, would have been readily agreed to. With great and sincere esteem, I am ever, &c.

B. FRANKLIN.

D. HARTLEY, Esq. M. P. ro DR. FRANKLIN. MY DEAR FRIEND, London, March 31, 1783. *** I send you a paper entitled, Supplemental Treaty, the substance of which I sent you some time ago, as I read it, in part of a speech in the House of Commons. I have given a copy of it to Mr. L., as the grounds upon which my friend the Duke of P. would have wished that any administration in which he might have taken a part should have treated with the American ministers. All negociations for the formation of a ministry in concert with the Duke of P. are at an end.

The 10th article, which is supposed to be referred to the definitive treaty, is a renewal of the same proposition which I moved in parliament some years ago, viz. on the 9th of April, 1778. I see nothing inconsistent with that proposition, either in the declaration of independence or in the treaty with France. Let it therefore remain, and emerge after the war as a point untouched by the war. bassure you my consent should not be wanting to extend

this principle between all the nations upon earth. I know full well that those nations to which you and I are bound by birth and consanguinity, would reap the earliest fruits from it; owing no man hate, and envying no man's happiness, I should rejoice in the lot of my own country, and on her part, say to America, Nos duo turba sumus. I send you likewise enclosed with this some sentiments respecting the principles of some late negociations, drawn up in the shape of parliamentary motions' by my brother, who joins with me in sincerest good wishes to you for health and happiness, and for the peace of our respective countries, and of mankind. Your ever affectionate,

D. HARTLEY.

SUPPLEMENTAL TREATY between Great Britain and the United States of North America.

1. That the British troops be withdrawn from the United States with all convenient speed.

2. That all farther prosecutions of loyalists in America be immediately abated, and that they be permitted to remain until twelve months after the definitive treaty with America in safety and unmolested, in their endeavours to obtain restitution of their estates.

3. That all ports shall be mutually opened for intercourse and commerce, between Great Britain and the United States.

4. Agreed on the part of Great Britain that all prohi bitory acts shall be repealed, and that all obstructions to

See the same, following the Supplemental Treaty.

American ships either entering inwards or clearing outwards, shall be removed, 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 accommodate every circumstance to the reception of their ships, as the ships of independent

5. Agreed on the part of Great Britain that all duties, rights, privileges, and all pecuniary considerations shall remain respecting the United States of America, upon the same footing as they now remain respecting the province of Nova Scotia, or as if the said States had remained dependent upon Great Britain. All this subject to regulations and alterations by any future acts of the parliament of Great Britain.

6. On the part of the American States it is agreed, that all laws prohibiting commerce with Great Britain shall be repealed.

7. Agreed on the part of the American States, that all ships and merchandize of the British dominions shall be admitted upon the same terms as before the war. All this subject to future regulations or alterations by the legislatures of the American States respectively.

8. That all prisoners on both sides be immediately released. f{cilzsnterg

9. The spirit and principles of this treaty to be supported on either side by any necessary supplemental arrangements. No tacit compliance on the part of the American States in any subordinate points to be urged at any time hereafter in derogation of their independence.