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and will show themselves such upon every occasion. To restore their property in many instances is now become impossible. It has been sold from hand to hand; the money arising from it has been sunk by depreciation in the public treasury. To raise the value by taxes, or to wrest the lands from the hands of the proprietors, is equally unjust and impossible. Many of the very people, who would demand the restitution, have grown rich by the spoil and plunder of this country. Many others, who were beggars at the beginning of this war, owe their present affluence to the same

cause.

So that at least the account between the two nations should be liquidated, before any claim can be set up by the aggressors. How far it will be possible to obtain a compensation for the injuries wantonly done by the enemy, you will be best able to judge; be assured, that it is anxiously desired.

Give me leave to mention to you the necessity of stipulating for the safe delivery of all records, and other papers of a public and private nature, which the enemy have possessed themselves of; particularly of the records of New York, which Mr. Tryon sent to England; and the private papers of many gentlemen of the law in different parts of the continent, by which the rights of individuals may be materially affected.

Thus, Sir, I have touched upon the principal points, that America wishes to attain in the peace, which must end this bloody war. Perhaps in so doing I have given both you and myself unnecessary trouble, since I have urged nothing but what your own knowledge of the country, and that of the other gentlemen in the commission, would have suggested to you. However, conceiving that circumstances might render it necessary for you to declare, that you spoke nothing more

than the prevailing sentiments of your court, this letter will serve to vouch for the assertion.

Should the Floridas be ceded to Spain, as there is nothing Congress have more at heart than to maintain that friendly intercourse with them, which this revolution has happily begun, it will be essential to fix their limits precisely, for which purpose the instructions to Mr. Adams will serve as your directions.

Affairs here are in the same state that they were when I last wrote, except that the enemy in South Carolina have called in all their outposts, and shut themselves up in Charleston, where they will be closely invested when General St. Clair joins, which must have happened about the last of December. The brilliant expedition to St. Eustatia does the highest honor to the Marquis de Bouillé and the French nation. I flatter myself that it will be of singular use in Mr. Adams's negotiations. I have the honor to be, dear Sir, &c. ROBERT R. LIVINGSTON,

TO DAVID HARTLEY.

No Negotiations can be opened without the Concurrence of France. Commissioners authorized to

treat.

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DEAR SIR,

Passy, 15 January, 1782.

I received a few days since your favor of the 2d instant, in which you tell me, that Mr. Alexander had informed you, "America was disposed to enter into a separate treaty with Great Britain." I am persuaded, that your strong desire for peace has misled you, and occasioned your greatly misunderstanding Mr. Alexander; as I think it scarce possible, he should have as

serted a thing so utterly void of foundation. I remember that you have, as you say, often urged this on former occasions, and that it always gave me more disgust than my friendship for you permitted me to express. But, since you have now gone so far as to carry such a proposition to Lord North, as arising from us, it is necessary that I should be explicit with you, and tell you plainly, that I never had such an idea; and I believe there is not a man in America, a few English Tories excepted, that would not spurn at the thought of deserting a noble and generous friend, for the sake of a truce with an unjust and cruel enemy.

I have again read over your Conciliatory Bill, with the manuscript propositions that accompany it, and am concerned to find, that one cannot give vent to a simple wish for peace, a mere sentiment of humanity, without having it interpreted as a disposition to submit to any base conditions that may be offered us, rather than continue the war; for on no other supposition could you propose to us a truce of ten years, during which we are to engage not to assist France, while you continue the war with her. A truce, too, wherein nothing is to be mentioned that may weaken your pretensions to dominion over us, which you may therefore resume at the end of the term, or at pleasure; when we should have so covered ourselves with infamy, by our treachery to our first friend, as that no other nation can ever after be disposed to assist us, however cruelly you might think fit to treat us. Believe me, my dear friend, America has too much understanding, and is too sensible of the value of the world's good opinion, to forfeit it all by such perfidy. The Congress will never instruct their Commissioners to obtain a peace on such ignominious terms; and though there can be but few things in which I should

venture to disobey their orders, yet, if it were possible for them to give me such an order as this, I should certainly refuse to act; I should instantly renounce their commission, and banish myself for ever from so infamous a country.

We are a little ambitious too of your esteem; and, as I think we have acquired some share of it by our manner of making war with you, I trust we shall not hazard the loss of it by consenting meanly to a dishonorable peace.

Lord North was wise in demanding of you some authorized acknowledgment of the proposition from authorized persons. He justly thought it too improbable to be relied on, so as to lay it before the Privy Council. You can now inform him, that the whole has been a mistake, and that no such proposition as that of a separate peace has been, is, or is ever likely to be made by me; and I believe by no other authorized person whatever in behalf of America. You may further, if you please, inform his Lordship, that Mr. Adams, Mr. Laurens, Mr. Jay, and myself, have long since been empowered, by a special commission, to treat of peace whenever a negotiation shall be opened for that purpose; but it must always be understood, that this is to be in conjunction with our allies, conformably to the solemn treaties made with them.

You have, my dear friend, a strong desire to promote peace, and it is a most laudable and virtuous desire. Permit me then to wish, that you would, in order to succeed as a mediator, avoid such invidious expressions as may have an effect in preventing your purpose. You tell me, that no stipulation for our independence must be in the treaty, because you "verily believe, so deep is the jealousy between England and France, that England would fight for a straw, to the

last man and the last shilling, rather than be dictated to by France." And again, that "the nation would proceed to every extremity, rather than be brought to a formal recognition of independence at the haughty command of France." My dear Sir, if every proposition of terms for peace, that may be made by one of the parties at war, is to be called and considered by the other as dictating, and a haughty command, and for that reason rejected, with a resolution of fighting to the last man rather than agree to it, you see that in such case no treaty of peace is possible.

In fact, we began the war for independence on your government, which we found tyrannical, and this before France had any thing to do with our affairs; the article in our treaty, whereby the "two parties engage, that neither of them shall conclude either truce or peace with Great Britain, without the formal consent of the other first obtained; and mutually engage, not to lay down their arms until the independence of the United States shall have been formally or tacitly assured, by the treaty or treaties, that shall terminate the war," was an article inserted at our instance, being in our favor. And you see, by the article itself, that your great difficulty may be easily got over, as a formal acknowledgment of our independence is not made necessary. But we hope by God's help to enjoy it; and I suppose we shall fight for it as long as we are able.

I do not make any remarks upon the other propositions, because I think, that, unless they were made by authority, the discussion of them is unnecessary, and may be inconvenient. The supposition of our being disposed to make a separate peace I could not be silent upon, as it materially affected our reputation and its essential interests. If I have been a little warm

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