Breviate mentioned in the preceding Letter.
February 7th, 1782.—It is stated, that America is disposed to enter into a negotiation of peace with Great Britain, without requiring any formal recognition of independence; always understood, that they are to act in conjunction with their allies, conformable to treaties.
It is therefore recommended to give for reply, that the Ministers of Great Britain are likewise disposed to enter into a negotiation for peace, and that they are ready to open a general treaty for that purpose.
If the British Ministers should see any objection to a general treaty, but should still be disposed to enter into a separate treaty with America, it is then recommended to them to offer such terms to America as shall induce her to apply to her allies for their consent, that she should be permitted to enter into a separate treaty with Great Britain. The condition of which being the consent of allies, no proposition of any breach of faith can be understood to be required by them, by the requisition of a separate treaty.
The British Ministers are free to make any propositions to America, which they may think proper, provided they be not dishonorable in themselves, which in the present case is barred by the supposition of consent being obtained. In this case, therefore, if they should be inclined to offer a separate treaty, it is recommended to them to offer such terms to America, as should induce her to be desirous of closing with the proposal of a separate treaty, on the grounds of national security and interests, and likewise such as may constitute to them a case of reason and justice, upon which they may make requisition to their allies for their consent. It is suggested, that the offer to America of a truce of sufficient length, together with the removal of the British troops, would be equivalent to that case, which is provided for in the treaty of February 6th, 1778, between America and France, viz. tacit independence; and the declared ends of that alliance being accomplished, it would not be reasonable that America should be dragged on by their allies in a war, the continuance of which, between France and Great Britain, could only be caused by separate European jealousies and resentments (if unfortunately for the public peace any such should arise) between themselves, independent and unconnected with the American cause. It is to be presumed, that France would not in point of honor to her allies refuse her consent so requested, as any rivalship or punctilios between her and Great Britain, as European nations, (principles which too frequently disturb the peace of mankind) could not be considered as casus fœderis of the American alliance; and their pride as a belligerent power would not permit them to claim the assistance of America as necessary to their support, thereby proclaiming their nation unequal to the contest in case of the continuance of a war with Great Britain, after the settlement and pacification with America. Their consent, therefore, is to be presumed. But if they should demur on this point, if Great Britain should be disposed to concede tacit independence to America by a long truce, and the removal of the troops, and if the obstruction should evidently occur on the part of France, under any equivocal or captious construction of a defensive treaty of alliance between America and France, Great Britain would from thenceforward stand upon advantage ground, either in any negotiation with America, or in the continuance of a war including America, but not arising from any further resentments of Great Britain towards America, but imposed reluctantly upon both parties by the conduct of the Court of France.
These thoughts are not suggested with any view of giving any preference in favor of a separate treaty above a general treaty, or above any plans of separate but concomitant treaties, like the treaties of Munster and Osnaburgh, but only to draw out the line of negotiating a separate treaty, in case the British Ministry should think it necessary to adhere to that mode. But in all cases it should seem indispensable to express some disposition, on the part of Great Britain, to adopt either one mode or the other. An absolute refusal to treat at all must necessarily drive America into the closest connexion with France, and all other foreign hostile powers, who would take that advantage for making every possible stipulation to the future disadvantage of British interests, and above all things would probably stipulate, that America should never make peace with Great Britain, without the most formal and explicit recognition of their independence, absolute and unlimited.
ROBERT R. LIVINGSTON TO B. FRANKLIN.
Philadelphia, May 22d, 1782.
Dear Sir,