The Works of Benjamin Franklin, Volume 10. Бенджамин Франклин
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B. Franklin.
MCXXV. TO COUNT DE VERGENNES
Passy, 15 November, 1782.
Sir:—
I received the letter you did me the honor of writing to me the 13th inst., and I lose no time in forwarding to your Excellency the orders you desire for the four English vessels destined to pass between Dover and Calais; though I am persuaded the passports they are furnished with from his most Christian Majesty would have been sufficient protection to them against all vessels belonging to the United States. With great respect, I am, sir, your Excellency’s most obedient and most humble servant,
B. Franklin.
MCXXVI. TO RICHARD OSWALD
Passy, 26 November, 1782.
Sir:—
You may well remember that in the beginning of our conferences before the other commissioners arrived, on your mentioning to me a retribution for the Royalists, whose estates had been confiscated, I acquainted you that nothing of that kind could be stipulated by us, the confiscation being made by virtue of laws of particular States, which the Congress had no power to contravene or dispense with, and therefore could give us no such authority in our commission. And I gave it as my opinion and advice, honestly and cordially, that, if a reconciliation was intended, no mention should be made in our negotiations of those people; for, they having done infinite mischief to our properties by wantonly burning and destroying farm-houses, villages, towns, if compensation for their losses were insisted on, we should certainly exhibit again such an account of all the ravages they had committed, which would necessarily recall to view scenes of barbarity that must inflame, instead of conciliating, and tend to perpetuate an enmity that we all profess a desire of extinguishing. Understanding, however, from you that this was a point your ministry had at heart, I wrote concerning it to Congress, and I have lately received the following resolution, viz.:
“By the United States, in Congress assembled
10 September, 1782.
“Resolved, That the Secretary for Foreign Affairs be, and he is hereby, directed to obtain, as speedily as possible, authentic returns of the slaves and other property which have been carried off or destroyed in the course of the war by the enemy, and to transmit the same to the ministers plenipotentiary for nogotiating peace.
Resolved, That, in the meantime, the Secretary for Foreign Affairs inform said ministers, that many thousands of slaves, and other property, to a very great amount, have been carried off or destroyed by the enemy; and that, in the opinion of Congress, the great loss of property which the citizens of the United States have sustained by the enemy, will be considered by the several States as an insuperable bar to their making restitution or indemnification to the former owners of property, which has been or may be forfeited to, or confiscated by, any of the States.”
In consequence of these resolutions and circular-letters of the Secretary, the Assembly of Pennsylvania, then sitting, passed the following act, viz.:
“State of Pennsylvania in Congress Assembled
Wednesday, 18 September, 1782.
The bill, entitled, ‘An act for procuring an estimate of the damages sustained by the inhabitants of Pennsylvania, from the troops and adherents of the king of Great Britain during the present war,’ was read a second time.
Ordered to be transcribed, and printed for public consideration.
Extract from the minutes.
Peter Z. Lloyd,
Clerk of the General Assembly.
Whereas, great damages of the most wanton nature have been committed by the armies of the king of Great Britain, or their adherents, within the territory of the United States of North America, unwarranted by the practice of civilized nations, and only to be accounted for from the vindictive spirit of the said king and his officers; and, whereas, an accurate account and estimate of such damages, more especially the waste and destruction of property, may be very useful to the people of the United States of America, in forming a future treaty of peace, and in the meantime may serve to exhibit in a true light to the nations of Europe the conduct of the said king, his ministers, officers, and adherents; to the end, therefore, that proper measures be taken to ascertain the damages aforesaid, which have been done to the citizens and inhabitants of Pennsylvania, in the course of the present war within this State; Be it enacted by the House of Representatives of the freemen of the commonwealth of Pennsylvania, in General Assembly met, and by the authority of the same, that in every county of this State, which has been invaded by the armies, soldiers, or adherents of the king of Great Britain, the commissioners of every such county shall immediately meet together, each within their county, and issue directions to the assessors of the respective townships, districts, and places within such county, to call upon the inhabitants of every township and place to furnish accounts and estimates of the damages, waste, spoil, and destruction which have been done and committed as aforesaid, upon the property, real or personal, within the same township or place, since the first day of ———, which was in the year of our Lord 177-, and the same accounts and estimates to be transmitted to the commissioners without delay. And, if any person or persons shall refuse or neglect to make out such accounts and estimates, the said assessors of the township or place shall, from their own knowledge and by any other reasonable and lawful method, take and render such an account and estimate of all damage done or committed, as aforesaid; Provided, always, that all such accounts and estimates, to be made out and transmitted as aforesaid, shall contain a narrative of the time and circumstances; and, if in the power of the person aggrieved, the names of the general or other officers or adherents of the enemy by whom the damage in any case was done, or under whose orders the army, detachment, party, or persons committing the same, acted at that time; and also the name and condition of the person or persons whose property was so damaged or destroyed; and that all such accounts and estimates be made in current money, upon oath or affirmation of the sufferer, or of others having knowledge concerning the same; and that in every case it be set forth whether the party injured hath received any satisfaction for his loss, and by whom the same was given.
And be it further enacted by the authority aforesaid, that the said commissioners, having obtained the said accounts and estimates from the assessor of the several townships and places, shall proceed to inspect and register the same in a book, to be provided for that purpose, distinguishing the districts and townships, and entering those of each place together; and if any account and estimate be imperfect, or not sufficiently verified and established, the said commissioners shall have power, and they, or any two of them, are hereby authorized to summon and compel persons, whose evidence they shall think necessary, to appear before them at a day and place appointed, to be summoned upon oath or affirmation concerning any damage or injury as aforesaid; and the said commissioners shall, upon the call and demand of the President or Vice-President of the Supreme Executive Council, deliver or send to the Secretary of the said Council all or any of the original accounts and estimates aforesaid, and shall also deliver or send