Benjamin Franklin

by Jr. John T. Morse

In their discussions concerning the treaty the commissioners fell into a contention over one article. Their secret instructions directed them to "press" for a stipulation that no export duties should be imposed by France upon molasses taken from the French West Indies into the States; but they were not to let the "fate of the treaty depend upon obtaining it." Of all merchandise imported into the States molasses was the most important to their general trade; it was the "basis on which a very great part of the American commerce rested."[50] In exchange for it they sent to the islands considerable quantities of pretty much all their products, and they distilled it in enormous quantities into rum. Every man who drank a glass of rum seemed to be advancing pro tanto the national prosperity, and the zeal with which those godly forefathers of ours thus promoted the general welfare is feebly appreciated by their descendants. All this rum, said John Adams, has "injured our health and our morals;" but "the taste for rum will continue;" and upon this conviction the commissioners felt obliged to act. Accordingly they proposed that it should be "agreed and concluded that there shall never be any duty imposed on the exportation of molasses that may be taken by the subjects of the United States from the islands of America which belong or may hereafter appertain to his most Christian majesty." But Gérard said that this was "unequal," since the States made no balancing concession. It was not easy to suggest any "concession of equal importance on the part of the United States," and so "after long consideration Dr. Franklin proposed" this: "In compensation of the exemption stipulated in the preceding article, it is agreed and concluded that there shall never be any duties imposed on the exportation of any kind of merchandise, which the subjects of his most Christian majesty may take from the countries and possessions, present or future, of any of the thirteen United States, for the use of the islands which shall furnish molasses."

This pleased Lee as little as the other article had pleased Gérard; for it was "too extensive, and more than equivalent for molasses only." He was answered that "it was in reality nothing more than giving up what we could never make use of but to our own prejudice; for nothing was more evident than the bad policy of laying duties on our own exports." Franklin was of opinion that export duties were "a knavish attempt to get something for nothing;" that the inventor of them had the "genius of a pickpocket." Britain had lost her colonies by an export duty on tea. Moreover since the States produced no commodity which could not be procured elsewhere, to discourage consumption of their own and encourage the rivalship of others would be an "absolute folly" against which he would protest even if practiced by way of reprisal. Gérard finally said that he regarded these articles as "reciprocal and equal," that his majesty was "indifferent" about them, and that they might be retained or rejected together, but that one could not be kept without the other. Lee then yielded, and Gérard was notified that both articles would be inserted. He assented. Soon, however, William Lee and Izard, being informed of the arrangement, took Arthur Lee's original view and protested against it. Lee reports that this interference put Franklin "much out of humor," and that he said it would "appear an act of levity to renew the discussion of a thing we had agreed to." None the less, Lee now resumed his first position so firmly that Franklin and Deane in their turn agreed to omit both articles. But they stipulated that Lee should arrange the matter with Gérard, since, as they had just agreed in writing to retain both, they "could not with any consistency make a point of their being expunged," and they felt that the business of a change at this stage might be disagreeable. In fact Lee found it so. When he called on Gérard and requested the omission of both, Gérard replied that the king had already approved the treaty, that it was now engrossed on parchment, and that a new arrangement would entail "inconvenience and considerable delay." But finally, not without showing some irritation at the fickleness of the commissioners, he was brought to agree that Congress might ratify the treaty either with or without these articles, as it should see fit. This business cost Franklin, as an annoying incident, an encounter with Mr. Izard, and a tart correspondence ensued.

On February 6 all was at length ready and the parties came together, M. Gérard for France and the envoys for the States, to execute these most important documents. Franklin wore the spotted velvet suit of privy council fame. They signed a treaty of amity and commerce, a treaty of alliance, and a secret article belonging with the latter providing that Spain might become a party to it—on the Spanish mañana. There was an express stipulation on the part of France that the whole should be kept secret until after ratification by Congress; for there was a singular apprehension that in the interval some accommodation might be brought about between the insurgent States and the mother country, which would leave France in a very embarrassing position if she should not be free to deny the existence of such treaties. It was undoubtedly a dread of some such occurrence which had induced the promptitude and the ever-increasing liberality in terms which France had shown from the moment when the news of Saratoga arrived. Nor perhaps was her anxiety so utterly absurd as it now seems. There was some foundation for Gibbon's epigrammatic statement that "the two greatest nations in Europe were fairly running a race for the favor of America." For the disaster to the army on the Hudson had had an effect in England even greater than it had had in France, and Burgoyne's capitulation to "Mr. Gates" had very nearly brought on a capitulation of Lord North's cabinet to the insurgent Congress. On February 17 that minister rose, and in a speech of two hours introduced two conciliatory bills. The one declared that Parliament had no intention of exercising the right of taxing the colonies in America. The other authorized sending to the States commissioners empowered to "treat with Congress, with provincial assemblies, or with Washington; to order a truce; to suspend all laws; to grant pardons and rewards; to restore the form of constitution as it stood before the troubles."[51] The prime minister substantially acknowledged that England's course toward her colonies had been one prolonged blunder, and now she was willing to concede every demand save actual independence. The war might be continued, as it was; but such a confession could never be retracted. "A dull melancholy silence for some time succeeded to this speech.... Astonishment, dejection, and fear overclouded the assembly."

But a fresh sensation was at hand. Horace and Thomas Walpole had obtained private information of what had taken place in France, but had cautiously held it in reserve, and arranged that only two hours before the meeting of the House of Commons on that eventful day the Duke of Grafton should tell it to Charles Fox. So now when North sat down Fox rose, indulged in a little sarcasm on the conversion of the ministry to the views of the opposition, and then asked his lordship "Whether a commercial treaty with France had not been signed by the American agents at Paris within the last ten days? 'If so,' he said, 'the administration is beaten by ten days, a situation so threatening that in such a time of danger the House must concur with the propositions, though probably now they would have no effect.' Lord North was thunderstruck and would not rise." But at last, warned that it would be "criminal and a matter of impeachment to withhold an answer," he admitted that he had heard a rumor of the signature of such a treaty.[52] So the bills were passed too late.

So soon as their passage was assured, Hartley, "acting on an understanding with Lord North,"[53] dispatched copies to Franklin. Franklin upon his part, also first having an understanding with de Vergennes, replied that, if peace with the States upon equal terms were really desired, the commissioners need not journey to America for it, for "if wise and honest men, such as Sir George Saville, the Bishop of St. Asaph, and yourself were to come over here immediately with powers to treat, you might not only obtain peace with America but prevent a war with France." About the same time also Hartley visited Franklin in person; but nothing came of their interview, of which no record is preserved. The two bills were passed, almost unanimously. But every one felt that their usefulness had been taken out of them by the other consequences of that event which had induced their introduction. News of them, however, was dispatched to America by a ship which followed close upon the frigate which carried the tidings of the French treaties. If the English ship should arrive first, something might be effected. But it did not, and probably nothing would have been gained if it had. Franklin truly said to Hartley: "All acts that suppose your future government of the colonies can be no longer significant;" and he described the acts as "two frivolous bills, which the present ministry, in their consternation, have thought fit to propose, with a view to support their public credit a little longer at home, and to amuse and divide, if possible, our people in America." But even for this purpose they came too late, and stirred no other response than a ripple of sarcastic triumph over such an act of humiliation, which was aggravated by being rejected almost without consideration by Congress.

So there was an end of conciliation. On March 23 the American envoys had the significant distinction of a presentation to the king, who is said to have addressed to them this gracious and royal sentence: "Gentlemen, I wish the Congress to be assured of my friendship. I beg leave also to observe that I am exceedingly satisfied, in particular, with your own conduct during your residence in my kingdom."[54] This personal compliment, if paid, was gratifying; for the anomalous and difficult position of the envoys had compelled them to govern themselves wholly by their own tact and judgment, with no aid from experience or precedents.

The presentation had been delayed by reason of Franklin having an attack of the gout, and the effort, when made, laid him up for some time afterward. It was on this occasion, especially, that he made himself conspicuous by wearing only the simple dress of a gentleman of the day instead of the costume of etiquette. Bancroft says that again he donned the suit of spotted Manchester velvet. He did not wear a sword, but made up for it by keeping on his spectacles; he had a round white hat under his arm, and no wig concealed his scanty gray hair. America has always rejoiced at this republican simplicity; but the fact seems to be that it was largely due to chance. Parton says that the doctor had ordered a wig, but when it came home it proved much too small for his great head, and there was no time to make another. Hawthorne also repeats the story that Franklin's court suit did not get home in time, and so he had to go in ordinary apparel; but it "took" so well that the shrewd doctor never explained the real reason.

On March 13 the Marquis de Noailles, French ambassador at St. James's, formally announced to the English secretary of state the execution of the treaty of amity and commerce; and impudently added a hope that the English court would see therein "new proofs" of King Louis's "sincere disposition for peace;" and that his Britannic majesty, animated by the same sentiments, would equally avoid everything that might alter their good harmony; also that he would particularly take effective measures to prevent the commerce between his French majesty's subjects and the United States of North America from being interrupted. When this was communicated to Parliament Conway asked: "What else have we to do but to take up the idea that Franklin has thrown out with fairness and manliness?"[55] But Franklin's ideas had not now, any more than heretofore, the good fortune to be acceptable to English ministers. Indeed, the mere fact that a suggestion came from him was in itself unfortunate; for the king, whose influence was preponderant in this American business, had singled out Franklin among all the "rebels" as the object of extreme personal hatred.[56] Franklin certainly reciprocated the feeling with an intensity which John Adams soon afterward noted, apparently with some surprise. The only real reply to Noailles's message which commended itself to government was the instant recall of Lord Stormont, who left Paris on March 23, sans prendre congé, just as he had once before threatened to do. On the same day the French ambassador left London, accompanied, as Gibbon said, by "some slight expression of ill humor from John Bull." At the end of the month M. Gérard sailed for America, the first accredited minister to the new member of the sisterhood of civilized nations. A fortnight later the squadron of D'Estaing sailed from Toulon for American waters, and two weeks later the English fleet followed.

Thus far the course of France throughout her relationship with the States had been that of a generous friend. She undoubtedly had been primarily instigated by enmity to England; and she had been for a while guarded and cautious; yet not unreasonably so; on the contrary, she had in many instances been sufficiently remiss in regarding her neutral obligations to give abundant cause for war, though England had not felt ready to declare it. At the first interview concerning the treaty of commerce de Vergennes had said that the French court desired to take no advantage of the condition of the States, and to exact no terms which they would afterward regret, but rather to make an arrangement so based upon the interest of both parties that it should last as long as human institutions should endure, so that mutual amity should subsist forever. M. Gérard reiterated the same sentiments. That this language was not mere French courtesy was proved by the fact that the treaties, when completed, were "founded on principles of equality and reciprocity, and for the most part were in conformity to the proposals of Congress."[57] Each party, under the customs laws of the other, was to be upon the footing of the most favored nation. The transfer of the valuable and growing trade of the States from England to France had been assiduously held out as a temptation to France to enter into these treaties; but no effort was made by France to gain from the needs of the Americans any exclusive privileges for herself. She was content to stipulate only that no other people should be granted preferences over her, leaving the States entirely unhampered for making subsequent arrangements with other nations. The light in which these dealings about the treaties made the French minister and the French court appear to Franklin should be remembered in the discussions which arose later concerning the treaty of peace.[58]