lord St Helens) to his acquaintance, with a commission to treat, in Mr Grenville's place, with France, Spain, and Holland; but it was not till the beginning of September that Mr Oswald inclosed to the American plenipotentiaries his express instructions to acknowledge the full, complete, and unconditional, independence of the thirteen United States. At the close of this month arrived also in Paris an ample commission for that gentleman to proceed in the work of peace; Franklin having objected, that in a former one the mention of these states by their public name had been avoided.

In November, an under-secretary of state, Mr Strachey, came over with some particulars for Mr Oswald; and having formerly been acquainted with Dr Franklin, pressed upon the consideration of him and his colleagues the propriety of indemnifying the American loyalists. The American plenipotentiaries paid some attention to this subject; but Franklin continually urged, that as the present ministry had always acknowledged the war to be unjust, it was not for them or their allies to expect compensation, but rather to give it. On the matter being pushed, he at last offered to enter upon a conditional bargain of this kind,—that an estimate should be taken of the damage done by the troops of Great Britain and the Indians to private property in America, which should be stated in account against the losses of the loyalists; and that when commissioners should ascertain on which side the balance lay, it should be paid by either party accordingly. He therefore sent home to set an inquiry of this kind on foot, but expressed so strong an opinion to Mr Oswald upon the general odiousness of the subject, that all mention of these claims was agreed to be dropped on both sides. Dr Franklin, November 29th 1782, had the satisfaction of inclosing to the French minister the preliminary articles of peace between the United States and Great Britain; a copy of which important document we give entire in the Appendix.*

CHAPTER XII.

The French ministry remonstrate with the American plenipotentiaries. Cessation of hostilities on the part of Great Britain.-American Declaration.-Renewed attempts to negotiate a treaty of commerce.-They fail.Signature of definite treaty of peace.- Franklin's philosophical engagements in Paris-Philanthropic letters on behalf of Cook-Bagatelles. Animal magnetism.-His successor appointed.-Quits Passy for Havre, -Crosses the Channel for Southampton.-Embarks for America.-Received with great respect.-Washington.

Ir is remarkable that, though the French ministry well knew that the American plenipotentiaries were in serious discussion with the British commissioner upon the subject of these articles, their actual signature took place, after all, without any previous consultation with the French court; a mode of conduct, in which the American plenipotentiaries departed at once from their instructions and the just expectations of their powerful ally. The count de Vergennes therefore remonstrated in these terms:

"Je suis assez embarrassé, monsieur, à expliquer votre conduite et celui de vos collègues à notre égard. Vous avez arrêté vos articles préliminaires sans nous en faire part, quoique les instructions du Congrès vous prescririssent de ne rien faire sans la participation du roi. Vous allez faire luire un espoir certain de paix en Amérique, sans même vous informer de l'état de notre negociation. Vous êtes sage et avisé. Monsieur, vous connoissez les bienséances: vous avez rempli toute votre vie vos devoirs. Croyez-vous satisfaire à ceux qui vous tiennent au roi? Je ne veux pas porter plus loin ces réflections: je les abandonne à votre honnêteté. Quand vous aurez bien voulu satisfaire à mes doutes, je prierai le Roi de me mettre en état de répondre à vos démandes."

[Translation.]

"I am quite at a loss, sir, to explain your conduct, and that of your colleagues, in reference to us.

You

have settled your preliminary articles independently of us, although your instructions from Congress were, to do nothing without the concurrence of the king. You proceed to make sure a peace on the part of America, without informing yourselves of the state of our negotiation. You are wise and cautious. Monsieur, you know the bienséances (courtesies required:) you have all your life performed them. Do you think to satisfy those who represent you to the king? I shall not proceed further with these reflections, but leave you to your own sense of honour. And when you shall have perfectly satisfied my doubts, I will solicit the king to empower me to answer your inquiries."

Franklin adroitly replied, that nothing contrary to the interests of France had been inserted in the preliminaries, and that no actual peace could take place between the United States and Great Britain, until the latter had arranged with France, though the French minister's observation was apparently just, that in not consulting him before they had signed, the American ministers had been guilty of neglecting a point of bienséance.

But the true reason of this promptitude was more creditable to the talents than the candour of the American plenipotentiaries. They had received an intimation, which they could not doubt, of the disposition of France to interfere with the American fisheries. This was furnished by a letter from the secretary of the French embassy at Philadelphia, which the British cruizers had intercepted in its way home, and which had been forwarded by the British government to the American commissioners.

We need only notice here, that the preliminaries between Great Britain and France were, settled on the 14th of December.

On the 20th January 1783, Mr Fitzherbert, the British minister more particularly engaged to negotiate with the French and Spanish kings, signed a declaration relative to a suspension of arms between

France, Spain, the United States, and Great Britain, testifying the completion of preliminaries of peace between all the powers; and the American ministers countersigned the declaration. In consequence of this, one hundred passports for British merchant-vessels were signed by them also, and one hundred sent from London to Paris for American vessels. On the 14th February a formal" Proclamation for the cessation of hostilities" was issued in London; and a similar" declaration of the cessation of arms on the part of America" was signed in Paris by the American ministers on the 20th February.

Dr Franklin, having largely, perhaps principally, contributed to this great work of an actual peace, was occupied, for nearly two succeeding years of his life, in endeavouring to perfect what he justly called a greater work-that of reconciliation between the United States and Great Britain.

Mr Fox, once more secretary of state, accredited to Paris (April 1783) in subserviency to this design, Franklin's old friend, David Hartley, esq. M.P. Many sketches and efforts were made between the plenipotentiaries to produce a commercial treaty, stipulating for fair mutual advantages; but the business proceeded very tardily, and the commercial part of it was never accomplished.

In the mean time arrived the ratification by Congress of the preliminary articles, accompanied by a letter which greatly blamed the American plenipotentiaries for their uncandid conduct, already noticed, to the French minister. Franklin said in defence, that the nomination of five persons to the service of making this treaty served to mark that Congress had some dependance on their joint judgment; for that one alone could have made a treaty by the direction of the French ministry, as well as twenty. He applied in the same despatches for the appointment of his grandson, Temple Franklin, as ambassador to Sweden or to Denmark; but no notice whatever was taken of the request by Congress.

In August, Dr Franklin informed the count de Vergennes, that the English minister did not agree to any of the late propositions made either by the American plenipotentiaries, or by their own minister Mr Hartley; but had sent over a plan for the definitive treaty of peace, which consisted merely of the preliminaries, headed by a short introductory paragraph, and concluded by a paragraph confirming and establishing them. It was finally agreed to sign this paper as the only definitive treaty which was likely at present to be agreed upon. (See Appendix, No. 6.)

But, after this, the worthy Mr Hartley urged them to renew negotiations for a commercial treaty; and Franklin and his co-adjutors received a commission from the Congress, dated May 1st, 1783, for that purpose. Mr Hartley however, in the interim, had returned to England; and the British ministry not appointing any other envoy to meet the American commissioners, the business went off; and Dr Franklin only remained in Paris, to exchange the ratification of the definitive treaties.

Other European governments however were not so tardy in courting the alliance of the United States. Dr Franklin, before he left Paris, namely, on the 9th July 1785, signed a treaty of amity and commerce between the king of Prussia and those states; a treaty in which, for the first time, was introduced a benevolent article which Dr Franklin had more than once proposed to the British government. It was to provide that, in case of future war, no unarmed citizens should be molested, and no privateering allowed. As our philosopher was very anxious to see the principle here advanced become public law, we extract this article from the Prussian treaty.

"Article 23.

"If war should arise between the two contracting parties, 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