our allies. This, says he, can only properly relate to France, with
whom you have a treaty of alliance, but you have none with Spain, you
have none with Holland. If Spain and Holland, and even if France
should insist on unreasonable terms of advantage to themselves, after
you have obtained all you want, and are satisfied, can it be right
that America should be dragged on in a war for their interest only? He
stated this matter in various lights and pressed it earnestly. I
resolved, from various reasons, to evade the discussion, therefore
answered, that the intended treaty not being yet begun, it appeared
unnecessary to enter at present into considerations of that kind. The
preliminaries being once settled and the treaty commenced, if any of
the other powers should make extravagant demands on England, and
insist on our continuing the war till those were complied with, it
would then be time enough to consider what our obligations were, and
how far they extended. The first thing necessary was for him to
procure the full powers, the next for us to assemble the
plenipotentiaries of all the belligerent parties, and then
propositions might be mutually made, received, considered, answered,
or agreed to. In the meantime I would just mention to him, that though
we were yet under no obligations to Spain by treaty, we were under
obligations of gratitude for the assistance she had afforded us; and
as Mr Adams had some weeks since commenced a treaty in Holland, the
terms of which I was not yet acquainted with, I knew not but that we
might have already some alliance and obligations contracted there. And
perhaps we ought, however, to have some consideration for Holland on
this account, that it was in vengeance for the friendly disposition
shown by some of her people to make a treaty of commerce with us, that
England had declared the war against her.
He said it would be hard upon England, if having given reasonable
satisfaction to one or two of her enemies, she could not have peace
with those till she had complied with whatever the others might
demand, however unreasonable, for so she might be obliged to pay for
every article four fold. I observed, that when she made her
propositions, the more advantageous they were to each, the more it
would be the interest of each to prevail with the others to accept
those offered to them. We then spoke of the reconciliation, but his
full power not being yet come I chose to defer entering upon that
subject at present. I told him I had thoughts of putting down in
writing the particulars that I judged would conduce to that end, and
of adding my reasons, that this required a little time, and I had been
hindered by accidents; which was true, for I had begun to write, but
had postponed it on account of his defective power to treat. But I
promised to finish it as soon as possible. He pressed me earnestly to
do it, saying, an expression of mine in a former conversation, that
there still remained _roots of good will_ in America towards England,
which if properly taken care of might produce a reconciliation, had
made a great impression on his mind, and given him infinite pleasure,
and he hoped I would not neglect furnishing him with the information
of what would be necessary to nourish those _roots_, and could assure
me, that my advice would be greatly regarded.
Mr Grenville had shown me at our last interview a letter from the Duke
of Richmond to him, requesting him to prevail with me to disengage a
Captain McLeod, of the artillery, from his parole, the Duke's brother,
Lord George Lenox, being appointed to the command of Portsmouth, and
desiring to have him as his aid-de-camp. I had promised to consider of
it, and this morning I sent him the following letter.
* * * * *
TO MR GRENVILLE.
Passy, May 31st, 1782.
"Sir,
"I do not find, that I have any express authority to absolve a parole
given by an English officer in America, but desirous of complying with
a request of the Duke of Richmond, as far as may be in my power, and
being confident, that the Congress will be pleased with whatever may
oblige a personage they so much respect, I do hereby consent, that
Captain McLeod serve in his military capacity in England only, till
the pleasure of the Congress is known, to whom I will write
immediately, and who, I make no doubt, will discharge him entirely. I
have the honor to be, &c.
B. FRANKLIN."
America had been constantly befriended in Parliament by the Duke of
Richmond, and I believed the Congress would not be displeased, that
this opportunity was taken of obliging him, and that they would by
their approbation supply the deficiency of my power. Besides, I could
not well refuse it, after what had passed between Mr Laurens and me,
and what I had promised to do for that gentleman.
_Sunday, June 2d._ The Marquis de Lafayette called and dined with me.
He is uneasy about the delay, as he cannot resolve concerning his
voyage to America, till some certainty appears of there being a treaty
or no treaty. This day I wrote the following letter to Mr Adams.
* * * * *
TO JOHN ADAMS.
Passy, June 2d, 1782.
"Sir,
"Since mine of May 8th, I have not had anything material to
communicate to your Excellency. Mr Grenville indeed arrived just after
I had despatched that letter, and I introduced him to M. de Vergennes,
but, as his mission seemed only a repetition of that by Mr Oswald, the
same declaration of the King of England's sincere desire of peace, and
willingness to treat at Paris, which were answered by the same
declarations of the good dispositions of this Court, and that it could
not treat without the concurrence of its allies, I omitted writing
till something should be produced from a kind of agreement, that M. de
Vergennes would acquaint Spain and Holland with the overture, and Mr
Grenville would write for full powers to treat, and make propositions;
nothing of importance being in the meantime to be transacted.
"Mr Grenville accordingly despatched a messenger for London, who
returned in about twelve days. Mr Grenville called on me, after having
been at Versailles, and acquainted me that he had received the power,
and had left a copy of it with M. de Vergennes, and that he was
thereby authorised to treat with France and her _allies_. The next
time I went to Versailles, I desired to see that copy, and was
surprised to find in it no mention of the allies of France, or any one
of them, and, on speaking with M. de Vergennes about it, I found he
began to look upon the whole as a piece of artifice to amuse us, and
gain time; since he had uniformly declared to every agent who had
appeared there, viz. to Forth, Oswald, and Grenville, that the King
would not treat without the concurrence of his allies, and yet England
had given a power to treat with France only, which showed she did not
intend to treat at all, but meant to continue the war.
"I had not till yesterday an opportunity of talking with Mr Grenville
on the subject, and expressing my wonder, that, after what he told me,
there should be no mention made of our States in his commission, he
could not explain this to my satisfaction, but said, he believed the
omission was occasioned by their copying an old commission given to Mr
Stanley at the last treaty of peace, for he was sure the intention
was, that he should treat with us, his instructions being fully to
that purpose. I acquainted him, that I thought a special commission
was necessary, without which we could not treat with him. I imagine,
that there is a reluctance in their king to take this first step, as
the giving such a commission would itself be a kind of acknowledgment
of our independence. Their late success against Count de Grasse may
also have given them hopes, that by delay and more successes they may
make that acknowledgment and a peace less necessary.
"Mr Grenville has written to his Court for further instructions. We
shall see what the return of his courier will produce. If full power
to treat with each of the powers at war against England does not
appear, I imagine the negotiation will be broken off. Mr Grenville, in
his conversation with me, insists much on our being under no
engagements not to make a peace without Holland. I have answered him,
that I know not but that you may have entered into some, and if there
should be none, a general pacification, made at the same time, would
be best for us all, and that I believe neither Holland nor we could
be prevailed on to abandon our friends. What happens further shall be
immediately communicated.
"Be pleased to present my respects to Mr Laurens, to whom I wrote some
days since. Mr Jay, I suppose, is on his way hither. With great
respect, &c.
B. FRANKLIN."
On Monday the 3d, Mr Oswald came according to appointment. He told me
he had seen and had conversations with Lord Shelburne, Lord
Rockingham, and Mr Fox. That their desire of peace continued uniformly
the same, though he thought some of them were a little too much elated
with the late victory in the West Indies, and when observing his
coolness, they asked him if he did not think it a very good thing;
yes, said he, if you do not rate it too high. He went on with the
utmost frankness to tell me, that the peace was absolutely necessary
for them. That the nation had been foolishly involved in four wars,
and could no longer raise money to carry them on, so that if they
continued, it would be absolutely necessary for them to stop payment
of the interest money on the funds, which would ruin their future
credit. He spoke of stopping on all sums above £1000, and continuing
to pay on those below, because the great sums belonged to the rich,
who could better bear the delay of their interest, and the smaller
sums to poorer persons, who would be more hurt, and make more clamor,
and that the rich might be quieted by promising them interest upon
their interest. All this looked as if the matter had been seriously
thought on.
Mr Oswald has an air of great simplicity and honesty, yet I could
hardly take this to be merely a weak confession of their deplorable
state, and thought it might be rather intended as a kind of
intimidation, by showing us that they had still that resource in their
power, which he said would furnish five millions a year. But, he
added, our enemies may now do what they please with us, _they have the
ball at their foot_, was his expression, and we hope they will show
their moderation and magnanimity. He then repeatedly mentioned the
great esteem the Ministers had for me, that they, with all the
considerate people of England, looked to, and depended on me for the
means of extricating the nation from its present desperate situation;
and that, perhaps, no single man had ever in his hands an opportunity
of doing so much good as I had at this present time, with much more to
that purpose. He then showed me a letter to him from Lord Shelburne,
partly, I suppose, that I might see his Lordship's opinion of me,
which, as it has some relation to the negotiation, is here inserted.
He left it with me, requesting that I would communicate it to Mr
Walpole.
* * * * *
LORD SHELBURNE TO RICHARD OSWALD.
Whitehall, May 21st, 1782.
"Sir,
"It has reached me, that Mr Walpole esteems himself much injured by
your going to Paris, and that he conceives it was a measure of mine,
intended to take the present negotiation with the Court of France out
of his hands, which he conceives to have been previously commenced
through his channel, by Mr Fox. I must desire that you will have the
goodness to call upon Mr Walpole, and explain to him distinctly, how
very little foundation there is for so unjust a suspicion, as I knew
of no such intercourse. Mr Fox declares, he considered what had
passed between him and Mr Walpole, of a mere private nature, not
sufficiently material to mention to the King or the cabinet, and will
write to Mr Walpole to explain this distinctly to him.
"But if you find the least suspicion of this kind has reached Dr
Franklin, or the Count de Vergennes, I desire this matter may be
clearly explained to both. I have too much friendship for Dr Franklin,
and too much respect for the character of the Count de Vergennes, with
which I am perfectly acquainted, to be so indifferent to the good
opinion of either, as to suffer them to believe me capable of an
intrigue, where I have both professed and observed a direct opposite
course of conduct. In truth, I hold it in such perfect contempt, that,
however proud I may be to serve the King in my present situation, or
in any other, and however anxious I may be to serve my country, I
should not hesitate a moment about retiring from any situation which
required such services. But I must do the King the justice to say,
that his Majesty abhors them, and I need not tell you that it is my
fixed principle, that no country in any moment can be advantaged by
them. I am, with great truth and regard, &c.
SHELBURNE."
In speaking further of the Ministry's opinion of the great service it
might be in my power to render, Mr Oswald said, he had told them in
one of his conversations, that nothing was to be expected of me but
consistency, nothing unsuitable to my character, or inconsistent with
my duty to my country. I did not ask him the particular occasion of
his saying this, but thought it looked a little as if something
inconsistent with my duty had been talked of or proposed. Mr Oswald
also gave me a copy of a paper of memorandums, written by Lord
Shelburne, viz.
"1. That I am ready to correspond more particularly with Dr
Franklin, if wished.
"2. That the _Enabling Act_ is passing, with the insertion of
Commissioners recommended by Mr Oswald; and, on our part,
Commissioners will be named, or any character given to Mr Oswald,
which Dr Franklin and he may judge conducive to a final
settlement of things between Great Britain and America; which Dr
Franklin very properly says, requires to be treated in a very
different manner from the peace between Great Britain and France,
who have always been at enmity with each other.
"3. That an establishment for the loyalists must always be on Mr
Oswald's mind, as it is uppermost in Lord Shelburne's, besides
other steps in their favor to influence the several States to
agree to a fair restoration or compensation for whatever
confiscations have taken place.
"4. To give Lord Shelburne's letter about Mr Walpole to Dr
Franklin."
On perusing this paper, I recollected that a bill had been sometime
since proposed in Parliament, _to enable his Majesty to conclude a
Peace or Truce with the revolted Provinces in America_, which I
supposed to be the enabling bill mentioned, that had hitherto slept,
and not having been passed, was perhaps the true reason why the
Colonies were not mentioned in Mr Grenville's commission. Mr Oswald
thought it likely, and said that the words, "Insertion of
Commissioners, recommended by Mr Oswald," related to his advising an
express mention in the bill of the Commissioners appointed by
Congress to treat of peace, instead of the vague denomination of _any
person or persons_, &_c._ in the first draft of the bill.
As to the loyalists, I repeated what I had said to him when first
here, that their estates had been confiscated by the laws made in
particular States where the delinquents had resided, and not by any
law of Congress, who, indeed, had no power, either to make such laws
or to repeal them, or to dispense with them, and, therefore, could
give no power to their Commissioners to treat of a restoration for
those people; that it was an affair appertaining to each State. That
if there were justice in compensating them, it must be due from
England rather than America; but, in my opinion, England was not under
any very great obligations to them, since it was by their
misrepresentations and bad counsels, she had been drawn into this
miserable war. And that if an account was to be brought against us for
their losses, we should more than balance it by an account of the
ravages they had committed all along the coasts of America.
Mr Oswald agreed to the reasonableness of all this, and said he had,
before he came away, told the Ministers, that he thought no recompense
to those people was to be expected from us; that he had also, in
consequence of our former conversation on that subject, given it as
his opinion, that Canada should be given up to the United States, as
it would prevent the occasions of future difference, and, as the
government of such a country was worth nothing, and of no importance,
if they could have there a free commerce; that the Marquis of
Rockingham and Lord Shelburne, though they spoke reservedly, did not
seem very averse to it, but that Mr Fox appeared to be startled at
the proposition. He was, however, not without hopes that it would be
agreed to.
We now came to another article of the note, viz. "on our part
Commissioners will be named, or any character given to Mr Oswald,
which Dr Franklin and he may judge conducive to a final settlement of
things between Great Britain and America."
This he said was left entirely to me, for he had no will in the
affair; he did not desire to be further concerned, than to see it _in
train_, he had no personal views either of honor or profit. He had now
seen and conversed with Mr Grenville, thought him a very sensible
young gentleman, and very capable of the business; he did not,
therefore, see any further occasion there was for himself; but if I
thought otherwise, and conceived he might be further useful, he was
content to give his time and service, in any character or manner I
should think proper. I said, his knowledge of America, where he had
lived, and with every part of which, and of its commerce and
circumstances he was well acquainted, made me think, that in
persuading the Ministry to things reasonable relating to that country,
he could speak or write with more weight than Mr Grenville, and,
therefore, I wished him to continue in the service; and I asked him
whether he would like to be joined in a general commission for
treating with all the powers at war with England, or to have a special
commission to himself for treating with America only. He said he did
not choose to be concerned in treaty with the foreign powers, for he
was not sufficiently a master of their affairs, or of the French
language, which, probably, would be used in treating; if, therefore,
he accepted of any commission, it should be that of treating with
America. I told him I would write to Lord Shelburne on the subject;
but Mr Grenville having sometime since despatched a courier, partly on
account of the commission, who was not yet returned, I thought it well
to wait a few days, till we could see what answer he would bring, or
what measures were taken. This he approved of.
The truth is, he appears so good and so reasonable a man, that, though
I have no objection to Mr Grenville, I should be loth to lose Mr
Oswald. He seems to have nothing at heart but the good of mankind, and
putting a stop to mischief; the other, a young statesman, may be
supposed to have naturally a little ambition of recommending himself
as an able negotiator.
In the afternoon, M. Boeris, of Holland, called on me, and acquainted
me that the answer had not yet been given to the last memorial from
Russia, relating to the mediation; but it was thought it would be in
respectful terms, to thank her Imperial Majesty for her kind offers,
and to represent the propriety of their connexion with France in
endeavors to obtain a general peace, and that they conceived it would
be still more glorious for her Majesty to employ her influence in
procuring a general, than a particular pacification. M. Boeris further
informed me, that they were not well satisfied in Holland with the
conduct of the Russian Court, and suspected views of continuing the
war for particular purposes.
_Tuesday, June. 4th._ I have received another packet from Mr Hartley.
It consisted of duplicates of former letters and papers already
inserted, and contained nothing new but the following letter from
Colonel Hartley, his brother.
* * * * *
W. H. HARTLEY TO B. FRANKLIN.
Soho Square, May 24th, 1782.
"Dear Sir,
"It is with the greatest pleasure I take up my pen to acknowledge your
remembrance of me in yours to my brother, and to thank you for those
expressions of regard which I can assure you are mutual. My brother
has desired me to copy some letters and papers, by way of sending you
duplicates. I am particularly happy at the employment, because the
greatest object of my parliamentary life has been to co-operate with
him in his endeavors to put a period to this destructive war, and
forward the blessed work of peace. I hope to see him again in that
situation, where he can so well serve his country with credit to
himself; and while I have the honor of being in Parliament, my
attention will be continued to promote the effects, which will
naturally flow from those principles of freedom and universal
philanthropy you have both so much supported. While I copy his words,
my own feelings and judgment are truly in unison, and I have but to
add the most ardent wish, that peace and happiness may crown the
honest endeavors towards so desirable an end.
"I am, dear Sir, with the greatest respect and esteem, yours
sincerely,
W. H. HARTLEY."
_Wednesday, June 5th._ Mr Oswald called again to acquaint me, that
Lord Cornwallis, being very anxious to be discharged from his parole
as soon as possible, had sent a Major Ross hither to solicit it,
supposing Mr Laurens might be here with me. Mr Oswald told me, what I
had not heard before, that Mr Laurens, while prisoner in the Tower,
had proposed obtaining the discharge of Lord Cornwallis in exchange
for himself, and had promised to use his utmost endeavors to that
purpose, in case he was set at liberty, not doubting of the success. I
communicated to Mr Oswald what had already passed between Mr Laurens
and me, respecting Lord Cornwallis; which appears in the preceding
letters, and told him I should have made less difficulty about the
discharge of his parole, if Mr Laurens had informed me of his being
set at liberty in consequence of such an offer and promise, and I
wished him to state this in a letter to me, that it might appear for
my justification in what I might, with Mr Laurens, do in the affair;
and that he would procure for me from Major Ross a copy of the parole,
that I might be better acquainted with the nature of it. He
accordingly in the afternoon sent me the following letter.
[See this letter above, p. 362.--Also the answer, p. 363.]
_Friday, June 7th._ Major Ross called upon me, to thank me for the
favorable intentions I had expressed in my letter to Mr Oswald,
respecting Lord Cornwallis, and to assure me, that his Lordship would
forever remember it with gratitude, &c. I told him it was our duty to
alleviate, as much as we could, the calamities of war; that I expected
letters from Mr Laurens, relating to the affair, after the receipt of
which I would immediately complete it. Or if I did not hear from Mr
Laurens, I would speak to the Marquis de Lafayette, get his
approbation, and finish it without further delay.
_Saturday, June 8th._ I received some newspapers from England, in one
of which is the following paragraph.
_From the London Evening Post, of May 30th, 1782._
"If report on the spot speak truth, Mr Grenville, in his first visit
to Dr Franklin, gained a considerable point of information, as to the
powers America had retained for treating _separately_ with Great
Britain, in case her claims, or demands, were granted.
"The treaty of February 6th, 1778, was made the basis of this
conversation; and by the spirit and meaning of this treaty, there is
no obligation on America not to treat separately for peace, after she
is assured England will grant her independence, and a free commerce
with all the world.
"The _first_ article of that treaty engages America and France to be
bound to each other, as long as _circumstances_ may require;
therefore, the granting America all she asks of England is breaking
the bond, by which the _circumstances_ may bind America to France.
"The second article says, the meaning and direct end of the alliance
is to insure the freedom and independence of America. Surely then,
when freedom and independence are allowed by Britain, America may, or
may not, as she chooses, put an end to the present war between England
and America, and leave France to war on through all her mad projects
of reducing the power and greatness of England, while America feels
herself possessed of what she wishes.
"By the 8th article of the treaty, neither France nor America can
conclude peace without the assent of the other; and they engage not to
lay down their arms, until the independence of America is
acknowledged, but this article does not exclude America from entering
into a separate treaty for peace with England, and evinces more
strongly than the former articles, that America may enter into a
separate treaty with England, when she is convinced that England has
insured to her _all that she can reasonably ask_."
* * * * *
I conjecture that this must be an extract from a letter of Mr
Grenville's; but it carries an appearance as if he and I had agreed in
these imaginary discourses, of America's being at liberty to make
peace without France, and whereas my whole discourse, in the strongest
terms, declared our determinations to the contrary, and the
impossibility of our acting, not only contrary to the treaty, but the
duties of gratitude and honor, of which nothing is mentioned. This
young negotiator seems to value himself on having obtained from me a
copy of the treaty. I gave it him freely, at his request, it being not
so much a secret as he imagined, having been printed, first in all the
American papers soon after it was made, then at London in Almon's
Remembrancer, which I wonder he did not know; and afterwards in a
collection of the American Constitutions, published by order of
Congress. As such imperfect accounts of our conversations find their
way into the English papers, I must speak to this gentleman of its
impropriety.