Paris, June 28th, 1778.
Dear Sir,
The treaties are expected to arrive soon in France, as Congress received them by the Sensible, a French frigate, in the month of April. In some of my letters I informed you of my sentiments on one or two of the articles in the treaty of commerce, and of the ineffectual steps, which I took in consequence of them. Whether Congress has been made acquainted with these sentiments, or whether they approve of them, I know not, as I have not received a letter from you, from the Committee, nor from any member of Congress, since my arrival in France. The treaties were not communicated to me till the 30th of March, when they were half the way over to America, and of course too late for any alterations to be made until they had undergone the inspection of Congress.
From the dispositions of the principal parties concerned in the negotiation, and from the manner in which my application respecting the eleventh and twelfth articles of the treaty of commerce was received, there is very little reason to think, that any objections, however justly founded, would have made any impression. I have, however, done every thing in my power, and I shall be very happy if any good effects should be produced by my endeavors. It has been my constant wish to avoid contentions of every kind; it has been particularly my desire to avoid them with Dr Franklin from every consideration. His abilities are great, and his reputation high. Removed as he is at so considerable a distance from the observation of his constituents, if he is not guided by principles of virtue and honor, those abilities and that reputation may produce the most mischievous effects. I send you by this opportunity some papers, which I desire may be communicated to my countrymen from South Carolina, who are members of Congress, and if it is your opinion, that they or any part of them should be laid before Congress, you will be so good as to do it. If, on the contrary, you think the situation of affairs will make it improper to trouble Congress with them, you will withhold them. It is my wish, however, that you may approve of their being communicated to Congress. Whatever may be your determination, I shall think I have acted right in communicating them to you. You will find from them with what caution the treaties were concealed from me, while they were negotiating, and even after they were signed. When Dr Franklin thought Mr Deane had been gone long enough to get to America, before any observations could be written on the contents of them, they were sent to me. The article respecting molasses, in the treaty of commerce, may be productive of considerable mischief.
I can, however, account for that transaction from natural causes. Two of the gentlemen engaged in it were born in New England. That part of America is possessed of very few articles of export, and the great use which is made there of molasses makes it a very desirable object, that it should be perpetually exempted from duty. The articles in the treaty of alliance, which I have complained of, are infinitely more mischievous, and when I attempt to account for the conduct of the gentlemen, who have concluded them, and at the same time set aside the clear and unequivocal article on the same subject, transmitted to them by Congress, I am utterly incapable of doing it without suspecting the most dishonorable practices, which I cannot think they have been guilty of.
It appears the more unaccountable, when the instructions, which were transmitted by the Congress to the Commissioners at the time the original treaty was sent, are examined. Congress judged, that some alterations might be found necessary, and explained their intentions in the following manner. “It is the wish of Congress, that the treaty should be concluded, and you are hereby instructed to use every means in your power for concluding it, according to the plan you have received. If you shall find that to be impracticable, you are hereby authorised to relax the demands of the United States, and to enlarge their offers, according to the following directions.” In these instructions, such articles as it was thought would admit of alteration are pointed out. But the ninth article is not among the number. It seems indeed essential to the safety of the United States, that the countries and islands therein expressly mentioned, should be in their possession. There is a most uncommon degree of effrontery in Dr Franklin’s declaring, that the fifth article of the treaty of alliance could not possibly admit of such a construction, as I apprehended might be put upon it. I have not the least doubt but it was intended to leave an opening for negotiating Florida into the possession of Spain, if the successes of the House of Bourbon against England should put it in the power of the former to dictate the terms at the conclusion of a general peace. It is more than probable likewise, that what I have hinted at in my letter to Mr Lee, respecting Newfoundland, and the other Islands on our coasts, and the fishery, may in future be productive of a great deal of trouble, if proper explanations are not obtained in time.[67]
If anything was necessary to make the effrontery, which I have just taken notice of, complete, it was Franklin’s observation, that if my apprehensions were ever so just, it was now too late for any remedy here. His tricks and chicanery put it out of my power to make any objections before the treaties were signed and sent to America, and then he gives that as a reason, why no remedy should be attempted against the evil, which is pointed out. In my conscience, I believe him to be an improper person to be trusted with the management of the affairs of America in this kingdom. If he were sent to the Court of Vienna he could not have an opportunity of doing any harm. No affront could be taken at this exchange, as that Court is in general looked upon to be the first in Europe, and it is improper for the same person to have a commission both for Vienna and Berlin.
The English newspapers have given us the proceedings of Congress on the 22d of April, respecting the conciliatory bills. I am very anxious to know what reception the Commissioners have met with, and the extent of their powers. It is much to be lamented, that they have not been enabled by Parliamentary authority to acknowledge the independence. The Ministry are fully convinced themselves, that nothing else will do, and yet they continue to act under the same dreadful infatuation, which has already produced so many calamities to their country, and refuse to adopt any measures, however salutary, till it is too late. I most ardently wish for peace, provided it can be obtained upon terms, which Congress may think proper to be accepted.
Mr William Lee has been some weeks at Vienna. He writes me, that the French Ambassador advises him “to wait there with patience, till the prospect of things open a little more than they do at present.” I have informed you in several of my letters, that my reception in Tuscany depends entirely upon the proceedings of the Court of Vienna. The Emperor and the King of Prussia are each at the head of a powerful army in Silesia, and within a few miles of one another. A negotiation has been for several weeks constantly carrying on with respect to the succession of Bavaria, and it is astonishing, that nothing is yet concluded. Each of those princes has two hundred and fifty thousand regular troops, and more are continually raising. The Emperor has, besides, the Hungarian nobility and their dependants, who may upon occasion be called upon to serve. They are supposed to form a body of about three hundred thousand men, and may be looked upon as militia.
The King of Prussia, although negotiating with the Emperor, is not idle in other matters. He is using his utmost endeavors to excite the northern powers to join him against the House of Austria, and if he succeeds in bringing about an accommodation between the Russians and the Turks, the Czarina will certainly afford him very powerful assistance. Whether either the Emperor or the King of Prussia will be connected with England does not yet appear. Neither of them seems inclined to offend her at present. The troubles in Germany have certainly produced this effect on the King of Prussia, for he made the clearest declaration before the death of the Elector of Bavaria, that he would be the second power in Europe to acknowledge the independence of America.