tinuance of the truce should not either directly or indirectly give assistance to the enemies of each other.

Clause 2. Articles of intercourse and pacification. Under this clause some arrangements might be settled for establishing a free and mutual intercourse, civil and commercial, between Great Britain and the aforesaid provinces of North America.

Clause 3. Suspension of certain acts of parliament. By this clause a free communication may be kept open between the two countries, during the negotiation for peace, without stumbling against any claim of rights which might draw into contest the question of dependence or independence.

Clause 4. The ratification by parliament. The object of this clause is to consolidate peace and conciliation step by step, as the negotiation may proceed, and to prevent, as far as possible, any return of war, after the first declaration of a truce. By the operation of this clause a temporary truce may be converted into a perpetual and permanent peace.

Clause 5. A temporary act.

This clause creating a

temporary act for a specific purpose of negotiation in view, is taken from the act of 1778.

P.S. January 8, 1782.

Since writing this letter I have seen Mr. Alexander, and shall see him from time to time to communicate with him. I do not suppose I shall have an answer from Lord North till the preliminary points are so settled as to enable him to give an answer in form. Ministry might undoubtedly give a short negative if they thought proper; but I do not expect that. You may be assured that I have and shall continue to enforce every argument in the most

conciliatory manner to induce a negotiation. I am very sorry for Mr. A.'s confinement on his own account, and on that of his friends, and because probably in the future state of his business, his personal exertions may be very serviceable in the cause of peace. Every assistance and every exertion of mine will always be most heartily devoted to that cause. I have nothing farther to add, either upon my own reflections or from my subsequent conversations with Mr. A. to what I have stated in the foregoing letter. If we once make a good beginning upon the plan there stated, I should hope that such a negotiation, founded on such principles, would promise fair to produce every salutary and pacific consequence in the event.

TO D. HARTLEY, Esq., M. p., in answer. DEAR SIR,

Passy, January 15, 1782. I received a few days since your favor of the 2nd 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 asserted 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 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, how cruelly soever 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 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 authorised 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 authorised person whatever in behalf of America. You may farther, 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 on 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 essential interests. If I have been a little warm on that offensive point, reflect on your repeatedly urging it, and endeavor to excuse me. Whatever may be the fate of our poor countries, let you and I die, as we have lived, in peace with each other. Assuredly I continue with great and sincere esteem, my dear friend, yours most affectionately, B. FRANKLIN.