ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, January 6th, 1783.

Sir,

I have before me your letters of the 25th and 29th of June, 12th of August, 3d and 26th of September, and 14th of October last. Several matters contained in them have already been answered, and some others I am unable to reply to, till Congress have decided on such propositions as I have submitted to their consideration.

The convention relative to consuls has been objected to by Mr Barclay, on account of its prohibiting the consuls from trading. As the funds of Congress leave them no means of affording an adequate support to persons who are qualified, they fear, that the only inducement to accept the appointment will be taken away by this prohibition. Mr Barclay's letter on that subject is under consideration.

I see the force of your objections to soliciting the additional twelve millions, and I feel very sensibly the weight of our obligations to France, but every sentiment of this kind must give way to our necessities. It is not for the interest of our allies to lose the benefit of all they have done, by refusing to make a small addition to it, or at least to see the return that our commerce will make them suspended by new convulsions in this country. The army have chosen committees; a very respectable one is now with Congress. They demand with importunity their arrears of pay. The treasury is empty, and no adequate means of filling it presents itself. The people pant for peace; should contributions be exacted, as they have heretofore been, at the point of the sword, the consequences may be more dreadful than is at present apprehended. I do not pretend to justify the negligence of the States in not providing greater supplies. Some of them might do more than they have done; none of them all that is required. It is my duty to confide to you, that if the war is continued in this country, it must be in a great measure at the expense of France. If peace is made, a loan will be absolutely necessary to enable us to discharge the army, that will not easily separate without pay. I am sorry that neither Mr Jay nor you sent the propositions at large, as you have made them, since we differ in opinion about the construction to be put on your commercial article, as you will find by a resolution enclosed in my letter.

I wish the concession made of our trade may be on conditions of similar privileges on the part of Great Britain. You will see that without this precaution, every ally that we have, that is to be treated as the most favored nation, may be entitled to the same privileges, even though they do not purchase them by a reciprocal grant.

As to confiscated property, it is at present in such a state, that the restoration of it is impossible. English debts have not, that I know of, been forfeited, unless it be in one State, and I should be extremely sorry to see so little integrity in my countrymen, as to render the idea of withholding them a general one; however, it would be well to say nothing about them, if it can conveniently be done.

I am more and more convinced, that every means in your power must be used to secure the fisheries. They are essential to some States, and we cannot but hate the nation, that keeps us from using this common favor of Providence. It was one of the direct objects for carrying on the war. While I am upon this subject, I cannot but express my hope, that every means will be used to guard against any mistrusts or jealousies between you and France. The United States have shown their confidence in her by their instructions. She has repeatedly promised to procure for us all we ask, as far as it lies in her power. Let our conduct leave her without apology, if she acts otherwise, which I am far from suspecting.

With respect to the seamen you mention, I wish if any further order is necessary, than that which Mr Barclay already has, that you would give it so far as to enable him to state their accounts, and transmit them to Mr Morris. As the treaty with Holland is concluded, I hope you have made some progress in that with Sweden, a plan of which has been transmitted; another copy will go by Mr Jefferson.