The Diplomatic Correspondence of the American Revolution Volume III Part 49

TO RICHARD OSWALD.

Pa.s.sy, June 11th, 1782.

"Sir,

"I did intend to have waited on you this morning to inquire after your health, and deliver the enclosed paper relating to the parole of Lord Cornwallis, but being obliged to go to Versailles, I must postpone my visit till tomorrow.

"I do not conceive that I have any authority, in virtue of my office here, to absolve that parole in any degree; I have, therefore, endeavored to found it as well as I could on the express power given me by Congress to exchange General Burgoyne for Mr Laurens. A reservation is made of confirmation or disapprobation by Congress, not from any desire to restrain the entire liberty of that General, but because I think it decent and my duty to make such reservation, and that I might otherwise be blamed as a.s.suming a power not given me, if I undertook to discharge absolutely a parole given to Congress, without any authority from them for so doing. With great esteem and respect, &c.

B. FRANKLIN."

I have received no answer from Mr Laurens. The following is the paper mentioned in the above letter.

_The Discharge of Lord Cornwallis from his Parole._

"The Congress having, by a resolution of the 14th of June last, empowered me to offer an exchange of General Burgoyne for the Honorable Henry Laurens, then a prisoner in the Tower of London, and whose liberty they much desire to obtain, which exchange, though proposed by me, according to the said resolution, had not been accepted or executed, when advice was received, that General Burgoyne was exchanged in virtue of another agreement. And Mr Laurens thereupon having proposed another Lieutenant General, viz, Lord Cornwallis, as an exchange for himself, promising that if set at liberty, he would do his utmost to obtain a confirmation of that proposal; and Mr Laurens being soon after discharged, and having since urged me earnestly, in several letters, to join with him in absolving the parole of that General, which appears to be a thing just and equitable in itself; and for the honor therefore of our country I do hereby, as far as in my power lies, in virtue of the above resolution, or otherwise, absolve and discharge the parole of Lord Cornwallis, given by him in Virginia; setting him at entire liberty to act in his civil or military capacity, until the pleasure of Congress shall be known, to whom is reserved the confirmation or disapprobation of this discharge, in case they have made or shall intend to make a different disposition.

"Given at Pa.s.sy, this 9th day of June, 1782.

B. FRANKLIN, _Minister Plenipotentiary from the United States of America to the Court of France._"

I did not well comprehend the Major's conduct in refusing this paper.

He was come express from London, to solicit a discharge of Lord Cornwallis's parole. He had said that his Lordship was very anxious to obtain that discharge, being unhappy in his present situation. One of his objections to it was, that his Lordship with such a limited discharge of his parole could not enter into foreign service. He declared it was not his Lordship's intention to return to America. Yet he would not accept the paper, unless the reservation was omitted. I did not choose to make the alteration, and so he left it, not well pleased with me.

This day, _Tuesday, June 11th_, I was at Versailles, and had a good deal of conversation with M. de Rayneval, Secretary to the Council. I showed him the letters I had received by Mr Oswald from Lord Shelburne, and related all the consequent conversation I had with Mr Oswald. I related to him also the conversation I had had with Mr Grenville. We concluded that the reason of his couriers not being returned, might be the formalities occasioning delay in pa.s.sing the enabling bill. I went down with him to the cabinet of Count de Vergennes, where all was repeated and explained. That Minister seemed now to be almost persuaded, that the English Court was sincere in its declarations of being desirous of peace. We spoke of all its attempts to separate us, and of the prudence of our holding together and treating in concert. I made one remark, that as they had shown so strong a desire of disuniting us, by large offers to each particular power, plainly in the view of dealing more advantageously with the rest, and had reluctantly agreed to make a general treaty, it was possible, that after making a peace with all, they might pick out one of us to make war with separately. Against which project I thought it would not be amiss, if before the treaties of peace were signed, we who were at war against England should enter into another treaty, engaging ourselves, that in such a case, we should again make it a common cause, and renew the general war; which he seemed to approve of. He read Lord Shelburne's letter relating to Mr Walpole, said that gentleman had attempted to open a negotiation through the Marquis de Castries, who had told him he was come to the wrong house, and should go to Count de Vergennes; but he never had appeared; that he was an intriguer, knew many people about the Court, and was accustomed to manage his affairs by hidden and round-about ways; but, said he, "when people have anything to propose, that relates to my employment, I think they should come directly to me; my cabinet is the place where such affairs are to be treated." On the whole he seemed rather pleased that Mr Walpole had not come to him, appearing not to like him.

I learnt that Mr Jay had taken leave on the 7th past, of the Spanish Ministers, in order to come hither, so that he may be daily expected; but I hear nothing of Mr Laurens or Mr Adams.

_Wednesday, June 12th_. I visited Mr Oswald this morning. He said he had received the paper I had sent him, relating to the parole of Lord Cornwallis, and had by conversing with Major Ross, convinced him of his error in refusing it; that he saw I had done everything that could be fairly desired of me, and said everything in the paper that could give a weight to the temporary discharge, and tend to prevail with the Congress to confirm and complete it. Major Ross coming in, made an apology for not having accepted it at first, declared his perfect satisfaction with it, and said he was sure Lord Cornwallis would be very sensible of the favor. He then mentioned the custom among military people, that in discharging the parole of a general, that of his aids was discharged at the same time. I answered, I was a stranger to the customs of the army, that I had made the most of the authority I had for exchanging General Burgoyne, by extending it as a foundation for the exchange of Lord Cornwallis, but that I had no shadow of authority for going further; that the Marquis de Lafayette having been present when the parole was given, and one of the generals who received it, was I thought more competent to the discharge of it than myself; and I could do nothing in it. He went then to the Marquis, who, in the afternoon, sent me the drafts of a limited discharge, which he should sign, but requested my approbation of it, of which I made no difficulty, though I observed he had put into it that it was by my advice. He appears very prudently cautious of doing anything, that may seem a.s.suming a power that he is not vested with.

_Friday, the 14th._ M. Boeris called again, wishing to know if Mr Grenville's courier was returned, and whether the treaty was like to go on. I could give him no information. He told me it was intended in Holland, in answer to the last Russian Memorial, to say, that they could not now enter into a particular treaty with England, that they thought it more glorious for her Imperial Majesty to be the mediatrix in a general treaty, and wished her to name the place. I said to him, as you tell me their High Mightinesses are not well satisfied with Russia, and had rather avoid her mediation, would it not be better to omit the proposition, at least of her naming the place, especially as France, England, and America have already agreed to treat at Paris? He replied, it might be better, but, says he, we have no politicians among us. I advised him to write and get that omitted, as I understood if would be a week before the answer was concluded on. He did not seem to think his writing would be of much importance. I have observed, that his colleague, M. Vanderpierre, has a greater opinion by far of his own influence and consequence.

_Sat.u.r.day, June 15th._ Mr Oswald came out to breakfast with me. We afterwards took a walk in the garden, when he told me, that Mr Grenville's courier returned last night. That he had received by him a letter from Mrs Oswald, but not a line from the Ministry, nor had he heard a word from them since his arrival, nor had he heard of any news brought by the courier. That he should have gone to see Mr Grenville this morning, but he had omitted it, that gentleman being subject to morning headache, which prevented his rising so early. I said I supposed he would go to Versailles, and call on me in his return. We had but little further discourse, having no new subject.

Mr Oswald left me about noon, and soon after Mr Grenville came, and acquainted me with the return of his courier, and that he had brought the full powers. That he, Mr Grenville, had been at Versailles, and left a copy with Count de Vergennes. That the instrument was in the same terms with the former, except that after the power to treat with the King of France, or his Ministers, there was an addition of words, importing a power to treat with the Ministers of any other Prince or _State_ whom it might concern. That Count de Vergennes had at first objected to these general words, as not being particular enough, but said he would lay it before the King, and communicate it to the Ministers of the belligerent powers, and that Mr Grenville should hear from him on Monday. Mr Grenville added, that he had further informed Count de Vergennes of his being now instructed to make a proposition as a basis for the intended treaty, viz. the peace of 1763. That the proposition intended to be made under his first powers, not being then received, was now changed, and instead of proposing to allow the independence of America, on condition of England's being put into the situation she was in at the peace of 1763, he was now authorised to _declare the Independence of America previous to the treaty_, as a voluntary act, and to propose separately as a basis the treaty of 1763. This also Count de Vergennes undertook to lay before the King, and communicate to me.

Mr Grenville then said to me, he hoped all difficulties were now removed, and that we might proceed in the good work. I asked him, if the enabling bill was pa.s.sed? He said, no. It pa.s.sed the Commons, and had been once read in the House of Lords, but was not yet completed. I remarked, that the usual time approached for the prorogation of Parliament, and possibly this business might be omitted. He said there was no danger of that, the Parliament would not rise this year till the middle of July; the India affairs had put back other business which must be done, and would require a prolongation of the session till that time. I then observed to him, that, though we Americans considered ourselves as a distinct independent power, or State, yet, as the British Government had always, hitherto; affected to consider us only as rebellious subjects, and as the enabling act was not yet pa.s.sed, I did not think it could be fairly supposed, that his Court intended by the general words, _any other Prince or State_, to include a people whom they did not allow to be a State; and that, therefore, I doubted the sufficiency of his power as to treating with America, though it might be good as to Spain and Holland. He replied, that he himself had no doubt of the sufficiency of his power, and was willing to act upon it. I then desired to have a copy of the power, which he accordingly promised me.

He would have entered into conversation on the topic of reconciliation, but I chose still to waive it, till I should find the negotiation more certainly commenced; and I showed him the London paper containing the article above transcribed, that he might see how our conversations were misrepresented, and how hazardous it must be for me to make any propositions of the kind at present. He seemed to treat the newspapers lightly, as of no consequence, but I observed that before he had finished the reading of the article, he turned to the beginning of the paper to see the date, which made me suspect that he doubted whether it might not have taken its rise from some of his letters.

When he left me, I went to dine with M. de Chaumont, who had invited me to meet there Mr Walpole, at his request. We shook hands, and he observed that it was near two years since we had seen each other.

Then, stepping aside, he thanked me for having communicated to him Lord Shelburne's letter to Mr Oswald, thought it odd that Mr Oswald himself had not spoken to him about it; said he had received a letter from Mr Fox upon the affair of St Eustatia, in which there were some general words, expressing a desire of peace; that he had mentioned this to the Marquis de Castries, who had referred him to Count de Vergennes, but he did not think it a sufficient authority for him to go to that Minister. It was known that he had business with the Minister of the Marine on the other affair, and, therefore, his going to him was not taken notice of; but if he had gone to Count de Vergennes, Minister of Foreign Affairs, it would have occasioned speculation, and much discourse; that he had, therefore, avoided it till he should be authorised, and had written accordingly to Mr Fox; but that in the meantime, Mr Oswald had been chosen upon the supposition, that he, Mr Walpole, and I, were at variance. He spoke of Mr Oswald as an odd kind of man, but that, indeed, his nation were generally odd people, &c. We dined pleasantly together with the family, and parted agreeably, without entering into any particulars of the business. Count d'Estaing was at this dinner, and I met him again in the evening, at Madame Brillon's. There is at present among the people, much censure of Count de Gra.s.se's conduct, and a general wish that Count d'Estaing had the command in America. I avoid meddling, or even speaking on the subject, as improper for me, though I much esteem that commander.

_Sunday, the 16th._ I heard nothing from Versailles. I received a letter from Mr Adams, acquainting me he had drawn upon me for a quarter's salary, which he hoped would be the last, as he now found himself in the way of getting some money there, though not much. But he says not a word in answer to my late letters on public affairs, nor have I any line from Mr Laurens, which I wonder at. I received also a letter from Mr Carmichael, dated June 5th, at Madrid. He speaks of Mr Jay being on his journey, and supposes he would be with me before that letter, so that I may expect him daily. We have taken lodgings for him in Paris.

_Monday, the 17th._ I received a letter from Mr Hodgson, acquainting me that the American prisoners at Portsmouth, to the number of three hundred, were all embarked on board the transports, that each had received twenty shillings' worth of necessaries at the expense of government, and went on board in good humor; that contrary winds had prevented the transports arriving in time at Plymouth, but that the whole number there now of our people, amounting to seven hundred, with those arrived from Ireland, would soon be on their way home.

In the evening the Marquis de Lafayette came to see me, and said he had seen Count de Vergennes, who was satisfied with Mr Grenville's powers. He asked me what I thought of them, and I told him what I had said to Mr Grenville of their imperfection with respect to us. He agreed in opinion with me. I let him know that I proposed waiting on Count de Vergennes tomorrow.

He said he had signed the paper relating to Major Ross's parole, and hoped Congress would not take it amiss, and added, that in conversation with the Major, he had asked him why England was so backward to make propositions? We are afraid, says the Major, of offering you more than you expect or desire. I find myself in some perplexity with regard to these two negotiators. Mr Oswald appears to have been the choice of Lord Shelburne, Mr Grenville that of Mr Secretary Fox. Lord Shelburne is said to have lately acquired much of the King's confidence. Mr Fox calls himself the Minister of the people, and it is certain, that his popularity is lately much increased. Lord Shelburne seems to wish to have the management of the treaty, Mr Fox seems to think it in his department. I hear that the understanding between these Ministers is not quite perfect. Mr Grenville is clever, and seems to feel reason as readily as Mr Oswald, though not so ready to own it. Mr Oswald appears quite plain and sincere; I sometimes a little doubt Mr Grenville. Mr Oswald, an old man, seems now have no desire but that of being useful in doing good.

Mr Grenville, a young man, naturally desirous of acquiring reputation, seems to aim at that of being an able negotiator. Mr Oswald does not solicit to have any share in the business, but, submitting the matter to Lord Shelburne and me, expresses only his willingness to serve, if we think he may be useful, and is equally willing to be excused, if we judge there is no occasion for him. Mr Grenville seems to think the whole negotiation committed to him, and to have no idea of Mr Oswald's being concerned in it, and is, therefore, willing to extend the expressions in his commission, so as to make them comprehend America, and this beyond what I think they will bear. I imagine we might, however, go on very well with either of them, though I rather should prefer Oswald, but I apprehend difficulties if they are both employed, especially if there is any misunderstanding between their princ.i.p.als. I must, however, write to Lord Shelburne, proposing something in consequence of his offer of vesting Mr Oswald with any commission, which that gentleman and I should think proper.

_Tuesday, the 18th._ I found myself much indisposed with a sudden and violent cold, attended with a feverishness and headach. I imagined it to be an effect of the influenza, a disorder now reigning in various parts of Europe. This prevented my going to Versailles.

_Thursday, the 20th._ Weather excessively hot, and my disorder continues, but is lessened, the headach having left me. I am, however, not yet able to go to Versailles.

_Friday, the 21st._ I received the following note from the Marquis de Lafayette.

M. DE LAFAYETTE TO B. FRANKLIN.

Versailles, Thursday morning, June 20th, 1782.

"My dear Sir,

"Agreeably to your desire, I have waited upon the Count de Vergennes, and said to him what I had in command from your Excellency. He intends taking the King's orders this morning, and expects he will be able to propose to Mr Grenville a meeting for tomorrow, when he will have time to explain himself respecting France and her allies, that he may make an official communication both to the King and the allied Ministers.

What Count de Vergennes can make out of this conversation will be communicated by him to your Excellency, in case you are able to come.

In the other case I shall wait upon you tomorrow evening with every information I can collect. I have the honor to be, very respectfully, &c.

LAFAYETTE."

In the evening the Marquis called upon me, and acquainted me, that Mr Grenville had been with Count de Vergennes, but could not inform me what had pa.s.sed.

_Sat.u.r.day, the 22d._ Messrs Oswald and Whiteford came and breakfasted with me. Mr Oswald had received no letters or instructions. I told him I would write to Lord Shelburne respecting him, and call on him on Monday morning to breakfast, and show him what I proposed to write, that it might receive such alterations as he should judge proper.

_Sunday, the 23d._ In the afternoon Mr Jay arrived, to my great satisfaction. I proposed going with him the next morning to Versailles, and presenting him to M. de Vergennes. He informed me, that the Spanish Ministers had been much struck with the news from England, respecting the resolutions of Parliament to discontinue the war in America, &c. and that they had since been extremely civil to him, and he understood intended to send instructions to their Amba.s.sador at this Court, to make the long talked of treaty with him here.

_Monday, the 24th._ Wrote a note of excuse to Mr Oswald, promising to see him on Wednesday, and went with Mr Jay to Versailles. Count de Vergennes acquainted us that he had given to Mr Grenville the answer to his propositions, who had immediately despatched it to his Court.

He read it to us, and I shall endeavor to obtain a copy of it. Count de Vergennes informing us, that a frigate was about to be despatched for America, by which we might write, and that the courier who was to carry down the despatches would set out on Wednesday morning, we concluded to omit coming to Court on Tuesday, in order to prepare our letters. Count de Vergennes appeared to have some doubts about the sincerity of the British Court, and the _bon foi_ of Mr Grenville, but said the return of Mr Grenville's courier might give light. I wrote the following letters to Mr Secretary Livingston, and Mr Morris.[36]

[36] See the letter to Mr Livingston, p. 368, the letter to Mr Morris is missing.

_Wednesday, the 26th._ I sent away my letters, and went to see Mr Oswald. I showed him the draft of a letter to be addressed to him instead of Lord Shelburne, respecting the commission, or public character he might hereafter be vested with; this draft was founded on Lord Shelburne's memorandums, which Mr Oswald had shown to me, and this letter was intended to be communicated by him to Lord Shelburne.

Mr Oswald liked the mode, but rather chose that no mention should be made of his having shown me Lord Shelburne's memorandums, though he thought they were given to him for that purpose. So I struck that part out, and new modelled the letter, which I sent him the next day, as follows.

TO RICHARD OSWALD.

Pa.s.sy, June 27th, 1782.

"Sir,

"The opinion I have of your candor, probity, and good understanding, and good will to both countries, made me hope you would have been vested with the character of Plenipotentiary to treat with those from America. When Mr Grenville produced his first commission, which was only to treat with France, I did imagine that the other to treat with us was reserved for you, and kept only till the Enabling Bill should be pa.s.sed. Mr Grenville has since received a second commission, which, as he informs me, has additional words, empowering him to treat with the Ministers of any other _Prince_ or _State_ whom it may concern, and he seems to understand that those general words comprehend the United States of America. There may be no doubt that they may comprehend Spain and Holland, but as there exist various public acts, by which the government of Britain denies us to be States, and none in which they acknowledge us to be such, it seems hardly clear that we could be intended at the time the commission was given, the _Enabling Act_ not being then pa.s.sed. So that though I can have no objection to Mr Grenville, nor right to make it if I had any, yet as your long residence in America has given you a knowledge of that country, its people, circ.u.mstances, commerce, &c. which, added to your experience in business, may be useful to both sides in facilitating and expediting the negotiation, I cannot but hope that it is still intended to vest you with the character abovementioned, respecting the treaty with America, either separately or in conjunction with Mr Grenville, as to the wisdom of your Ministers may seem best. Be it as it may, I beg you would accept this line as a testimony of the sincere esteem and respect with which, &c.

B. FRANKLIN."