Sketch of a Provisional Treaty of Commerce. As soon as preliminaries of peace are signed with any independent states, such as Spain, France, and Holland, the course of mutual commerce emerges upon the same terms and conditions as were existing antecedent to the war, the new duties imposed during the war excepted. The case between Great Britain and America is different, because America, from a dependent nation before the war, emerges an independent nation after the war. The basis therefore of provisional treaty between Great Britain and the United States would be simply to arrange such points as would emerge after the war, impracticable and discordant to the newly established independence of the American States, and to leave all others, as much as possible, untouched: For instance, that all instrumental regulations, such as papers, bonds, certificates, oaths, and all other documents should be between Great Britain and the United States upon the same footing, and no other than as between Great Britain and any other independent nation, but that all duties, drawbacks, bounties, rights, privileges, and all pecuniary considerations should emerge into action and effect as before. I say emerge as before, not stipulated for any fixed term, because I am speaking of a provisional treaty, not of a provisional bill of commerce, for a specified period. By this means all difficulties which otherwise would be accumulated, and obstruct a temporary and provisional act are avoided in limine. The ports will be immediately opened upon specified and known conditions. If the legislature of either country think proper to introduce on its own part any new conditions or regulations, even previous to the intended treaty of commerce, that will not shut the ports again generally but only operate pro tanto according to the case; on which side soever any novel condition should arise, the other will likewise be at liberty to make any corresponding regulations as between independent nations. The great object is to open the ports between Great Britain and the United States immediately on the signature of preliminaries as between France and Great Britain. By the pro of position above stated, Great Britain and France, and Great Britain and the United States respectively, on the subject of intercourse of commerce, would emerge again after the war, into situations relatively similar to their situation before the war. The crown of Great Britain is enabled by the conciliatory act of 1782 to repeal, annul, make void, or suspend, for any time or times, the operation and effect of any act of parliament, or any clause, provision, matter or thing therein contained, relating to the colonies or plantations now become the United States of America; and therefore the crown is not only competent to conclude, but likewise to carry into effect any provisional treaty of commerce with America. The first foundation must be laid in the total repeal of the prohibitory act of December, 1775, not only as prohibiting commerce between Great Britain, and the United States, but as the corner stone of the war; by giving up universally all American property at sea to military plunder, without any redress to be obtained by law in any British court of admiralty. After this all obstructions from the act of navigation and other acts regulating the commerce of the States of America (formerly dependent upon Great Britain), may be removed. Instructions may be sent to the commissioners of the customs to dispense with bonds, certificates, &c., which by the old laws are required to be discharged or attested by supposed governors, naval or customhouse officers in America. The questions of drawbacks, bounties, &c., after opening the ports, may remain free points of discussion and regulation, as between states having no commercial treaty subsisting between them. As the crown is competent to open an intercourse of commerce with America by treaty, this mode is preferable to any act of parliamant, which may be only a jealous and suspicious convention ex parte. This mode by treaty avoids the accumulated difficulties which might otherwise obstruct the first opening of the ports by act of parliament, and above all it secures an alternate binding part of the bargain, which no act of parliament can do. Breviate of the treaty, viz., Provisional for intercourse and commerce between Great Britain and the United States of America. 1, That all ports shall be mutually open for intercourse and commerce. 2, And therefore the king of Great Britain agrees, for the repeal of the prohibitory acts, viz., 16 Geo. 3, chap. 5, &c. The king of Great Britain likewise agrees by instructions, according to the laws of Great Britain, to his commissioners of customs and other officers, to remove all obstructions to American ships, either entering inwards or clearing outwards, which may arise from any acts of parliament heretofore regulating the commerce of the American states, under the description of British colonies or plantations, so as to accommodate every circumstance to the reception of their ships, as the ships of independent states. 3, All duties, drawbacks, bounties, rights, privileges, and all other money considerations shall remain, respecting the United States of America, upon the same footing as they now remain, respecting the province of Nova Scotia in America, or as if the aforesaid states had remained dependent upon Great Britain. All this subject to regulations or alterations by any future acts of the parliament of Great Britain. 4, On the part of the states of America, it is agreed that all laws prohibiting the commerce with Great Britain shall be repealed. 5, Agreed upon the same part, that all ships, and merchandise of the British dominions shall be admitted upon the same terms as before the war, except any imposts laid during the war. All this subject to future regulations or alterations by the legislatures of American states respectively. 6, The principles and spirit of this treaty to be supported on either side by any necessary.supplemental arrangements. No tacit compliance on the part of America in any subordinate points to be argued at any time hereafter to the preju dice of their independence. DEAR SIR, To David Hartley, Esq., M. P. Passy, March 23, 1782. I RECEIVED the letter you did me the honor of writing to me, requesting a recommendation to America of Mr. Joshua Grigby. I have accordingly written one; and having an opportunity the other day, I sent it under cover to Mr. Benjamin Vaughan. The general proclamations you wished for suspending, or rather putting an end to hostilities, are now published; so that your heart is at rest," and mine with it. You may depend on my joining my hearty endeavors with yours, in cultivating conciliatory principles between our two countries;" and I may venture to assure you, that if your bill for a provisional establishment of the commerce had passed as at first proposed, a stipulation on our part in the definitive treaty, to allow reciprocal and equal advantages and privileges to your subjects, would have been readily agreed to. With great and sincere esteem, I am ever, &c. B. FRANKLIN. From David Hartley, Esq., M. P., to Dr. Franklin. MY DEAR FRIEND, I SEND you a paper entitled Supplemental Treaty, the substance of which I sent you some time ago, as I read it, in part of a speech in the house of commons. I have given a copy of it to Mr. L., as the grounds upon which my friend the duke of Portland, would have wished that any administration in which he might have taken a part should have treated with the American ministers. All negotiations for the formation of a ministry, in concert with the duke of Portland, are at an end. The 10th article, which is supposed to be referred to the definitive treaty, is a renewal of the same proposition which I moved in parliament some years ago, viz. on the 9th of April, 1778. I see nothing inconsistent with that proposition, either in the declaration of independence or in the treaty with France. Let it therefore remain, and emerge after the war, as a point untouched by the war. I assure you my consent should not be wanting to extend this principle between all the nations upon earth. I know full well, that those nations to which you and I are bound by birth and consanguinity would reap the earliest fruits from it; owing no man hate, and envying no man's happiness, I should rejoice in the lot of my own country, and on her part say to America, Nos duo turba sumus. I send you, likewise, inclosed with this, some sentiments respecting the principles of some late negociations, drawn up in the shape of parliamentary motions by my brother, who joins with me in the sincerest good wishes to you for health and happiness, and for the peace of our respective countries, and of mankind. Your ever affectionate, DAVID HARTLEY. Supplemental Treaty between Great Britain, and the 1, That that British troops be withdrawn from the United States with all convenient speed. 2, That all farther prosecutions of loyalists in America be immediately abated, and that they be permitted to remain until twelve months after the definitive treaty with America in safety and unmolested, in their endeavors to obtain restitution of their estates. 3, That all ports shall be mutually opened for intercourse and commerce, between Great Britain and the United States. 4, Agreed on the part of Great Britain, that all prohibitory acts shall be repealed, and that all obstructions to American ships, either entering inwards or clearing outwards, shall be removed, which may arise from any acts of parliament, heretofore regulating the commerce of the American States, |