however, any accident should happen to prevent his arriving so soon as the Emerald, I enclose a resolution of Congress, which was suggested by the proposition you mention to have been made to Mr. Oswald, on the subject of commerce. For my own part, I presume that it is already included in your propositions, but, as we have yet been favored only with that short note of them, which has been transmitted by you, we can form no accurate judgment on the subject. You can hardly conceive the embarrassments, that the want of more minute details subjects us to.

You will learn from the Count de Rochambeau, that the French army sailed the 24th ultimo. Perhaps it were to be wished that they had remained here, at least till New York and Charleston were evacuated, or rather till the peace. Congress have, however, given them a good word at parting, as you will see by the enclosed resolves. Not being consulted, they could interpose no objections to their departure, though they were not without many reasons for wishing to detain them.

Our finances are still in great distress. If the war continues, a foreign loan in addition to those already received will be essential. A plan for ascertaining what shall be called contingent expenses is under the consideration of Congress, as well as the objections you have stated with respect to the mode of paying your salaries, which will, I believe, be altered. The allowance to Mr. Franklin has been confirmed, and your moderation and his' upon this point have done you both honor in the opinion of Congress. I have the honor to be, Sir, &c.

VOL. IX.

30

ROBERT R. LIVINGSTON.

TO RICHARD OSWALD.

Enclosing Propositions to abolish Privateering.

SIR,

Passy, 14 January, 1783.

I am much obliged by your information of your intended trip to England. I heartily wish you a good journey and a speedy return, and request your kind care of a packet for Mr. Hodgson.

I enclose two papers, that were read at different times by me to the Commissioners; they may serve to show, if you should have occasion, what was urged on the part of America on certain points; or may help to refresh your memory. I send you also another paper, which I once read to you separately. It contains a proposition for improving the law of nations, by prohibiting the plundering of unarmed and usefully employed people. I rather wish than expect, that it will be adopted. But I think it may be offered with a better grace by a country, that is likely to suffer least and gain most by continuing the ancient practice; which is our case, as the American ships, laden only with the gross productions of the earth, cannot be so valuable as yours, filled with sugars or with manufactures. It has not yet been considered by my colleagues, but you should think or find that it might be acceptable on your side, I would try to get it inserted in the general treaty. I think it will do honor to the nations that establish it.

if

With great and sincere esteem, I am, Sir, your most obedient and most humble servant,

B. FRANKLIN.

Propositions relative to Privateering, communicated to Mr. Oswald.*

It is for the interest of humanity in general, that the occasions of war, and the inducements to it, should be diminished.

If rapine is abolished, one of the encouragements to war is taken away, and peace therefore more likely to continue and be lasting.

The practice of robbing merchants on the high seas, a remnant of the ancient piracy, though it may be accidentally beneficial to particular persons, is far from being profitable to all engaged in it, or to the nation that authorizes it. In the beginning of a war, some rich ships, not upon their guard, are surprised and taken. This encourages the first adventurers to fit out more armed vessels, and many others to do the same. But the enemy at the same time become more careful, arm their merchant ships better, and render them not so easy to be taken; they go also more under protection of convoys; thus, while the privateers to take them are multiplied, the vessels subject to be taken, and the chances of profit, are diminished, so that many cruises are made, wherein the expenses overgo the gains; and, as is the case in other lotteries, though particulars have got prizes, the mass of adventurers are losers, the whole expense of fitting out all the privateers, during a war, being much greater than the whole amount of goods taken. Then there is the national loss of all the labor of so many men during the time they have been employed in robbing; who, besides, spend what they get in riot, drunken

These propositions are the same in substance as the author's two papers entitled, A Thought concerning the Sugar Islands, and Observations on War. See Vol. II. pp. 419, 487.

ness, and debauchery, lose their habits of industry, are rarely fit for any sober business after a peace, and serve only to increase the number of highwaymen and housebreakers. Even the undertakers, who have been fortunate, are by sudden wealth led into expensive living, the habit of which continues when the means of supporting it ceases, and finally ruins them; a just punishment for their having wantonly and unfeelingly ruined many honest, innocent traders and their fami lies, whose subsistence was employed in serving the common interests of mankind.

Should it be agreed and become a part of the law of nations, that the cultivators of the earth are not to be molested or interrupted in their peaceable and useful employment, the inhabitants of the sugar islands would perhaps come under the protection of such a regulation, which would be a great advantage to the nations who at present hold those islands, since the cost of sugar to the consumer in those nations consists not merely in the price he pays for it by the pound, but in the accumulated charge of all the taxes he pays in every war, to fit out fleets and maintain troops for the defence of the islands that raise the sugar, and the ships that bring it home. But the expense of treasure is not all. A celebrated philosophical writer remarks, that, when he considered the wars made in Africa, for prisoners to raise sugars in America, the numbers slain in those wars, the numbers that, being crowded in ships, perish in the transportation, and the numbers that die under the severities of slavery, he could scarce look on a morsel of sugar without conceiving it spotted with human blood. If he had considered also the blood of one another, which the white nations shed in fighting for those islands, he would have imagined his sugar not as spotted only,

but as thoroughly dyed red. On these accounts I am persuaded, that the subjects of the Emperor of Germany, and the Empress of Russia, who have no sugar islands, consume sugar cheaper at Vienna, and Moscow, with all the charge of transporting it after its arrival in Europe, than the citizens of London or of Paris. And I sincerely believe, that if France and England were to decide, by throwing dice, which should have the whole of their sugar islands, the loser in the throw would be the gainer. The future expense of defending them would be saved; the sugars would be bought cheaper by all Europe, if the inhabitants might make it without interruption, and, whoever imported the sugar, the same revenue might be raised by duties at the customhouses of the nation that consumed it. And, on the whole, I conceive it would be better for the nations now possessing sugar colonies to give up their claim to them, let them govern themselves, and put them under the protection of all the powers of Europe as neutral countries, open to the commerce of all, the profits of the present monopolies being by no means equivalent to the expense of maintaining them.

Article.

If war should hereafter arise between Great Britain and the United States, which God forbid, the merchants of either country then residing in the other shall be allowed to remain nine months to collect their debts, and settle their affairs, and may depart freely, carrying off all their effects without molestation or hindrance. And all fishermen, all cultivators of the earth, and all artisans or manufacturers unarmed, and inhabiting unfortified towns, villages, or places, who labor for the common subsistence and benefit of mankind, and