[Note 50: _Diplomatic Correspondence of the Amer. Rev._ i. 156.]
This pleased Lee as little as the other article had pleased Gérard; for it was "too extensive, and more than equivalent for molasses only." He was answered that "it was in reality nothing more than giving up what we could never make use of but to our own prejudice; for nothing was more evident than the bad policy of laying duties on our own exports." Franklin was of opinion that export duties were "a knavish attempt to get something for nothing;" that the inventor of them had the "genius of a pickpocket." Britain had lost her colonies by an export duty on tea. Moreover since the States produced no commodity which could not be procured elsewhere, to discourage consumption of their own and encourage the rivalship of others would be an "absolute folly" against which he would protest even if practiced by way of reprisal. Gérard finally said that he regarded these articles as "reciprocal and equal," that his majesty was "indifferent" about them, and that they might be retained or rejected together, but that one could not be kept without the other. Lee then yielded, and Gérard was notified that both articles would be inserted. He assented. Soon, however, William Lee and Izard, being informed of the arrangement, took Arthur Lee's original view and protested against it. Lee reports that this interference put Franklin "much out of humor," and that he said it would "appear an act of levity to renew the discussion of a thing we had agreed to." None the less, Lee now resumed his first position so firmly that Franklin and Deane in their turn agreed to omit both articles. But they stipulated that Lee should arrange the matter with Gérard, since, as they had just agreed in writing to retain both, they "could not with any consistency make a point of their being expunged," and they felt that the business of a change at this stage might be disagreeable. In fact Lee found it so. When he called on Gérard and requested the omission of both, Gérard replied that the king had already approved the treaty, that it was now engrossed on parchment, and that a new arrangement would entail "inconvenience and considerable delay." But finally, not without showing some irritation at the fickleness of the commissioners, he was brought to agree that Congress might ratify the treaty either with or without these articles, as it should see fit. This business cost Franklin, as an annoying incident, an encounter with Mr. Izard, and a tart correspondence ensued.