Mr Walpole, I this day gave him Lord Shelburne's letter to Mr Oswald,
requesting he would communicate it to that gentleman. Doctor Bancroft
said it was believed both Russia and the Emperor wish the continuance
of the war, and aimed at procuring for England a peace with Holland,
that England might be better able to continue it against France and
Spain.
The Marquis de Lafayette having proposed to call on me today, I kept
back the discharge of Lord Cornwallis, which was written and ready,
desiring to have his approbation of it, as he had in a former
conversation advised it. He did not come, but late in the evening sent
me a note, acquainting me that he had been prevented by accompanying
the Great Duke to the review, but would breakfast with me tomorrow
morning.
This day I received a letter from Mr Dana, dated at St Petersburgh,
April 29th, in which is the following passage. "We yesterday received
the news, that the States-General had, on the 19th of this month (N.
S.) acknowledged the independence of the United States. This event
gave a shock here, and is not well received, as they at least profess
to have flattered themselves, that the mediation would have prevented
it, and otherwise brought on a partial peace between Britain and
Holland. This resentment, I believe, will not be productive of any ill
consequences to the Dutch republic." It is true, that while the war
continues, Russia feels a greater demand for the naval stores, and
perhaps at a higher price. But is it possible, that for such petty
interests, mankind can wish to see their neighbors destroy each other?
Or has the project, lately talked of, some foundation, that Russia and
the Emperor intend driving the Turks out of Europe, and do they
therefore wish to see France and England so weakened, as to be unable
to assist those people?
_Monday, June 12th._ The Marquis de Lafayette did not come till
between eleven and twelve. He brought with him Major Ross. After
breakfast, he told me (Major Ross being gone into another room) that
he had seen Mr Grenville lately, who asked him when he should go to
America. That he had answered, I have staid here longer than I should
otherwise have done, that I might see whether we were to have peace or
war, but as I see that the expectation of peace is a joke, and that
you only amuse us without any real intention of treating, I think to
stay no longer, but set out in a few days. On which Mr Grenville
assured him that it was no joke, that they were very sincere in their
proposal of treating, and four or five days would convince the Marquis
of it.
The Marquis then spoke to me about a request of Major Ross's in behalf
of himself, Lord Chewton, a Lieutenant Colonel and Lieutenant Haldane,
who were aids-de-camp to Lord Cornwallis, that they too might be set
at liberty with him. I told the Marquis that he was better acquainted
with the custom in such cases than I, and being himself one of the
Generals, to whom their parole had been given, he had more right to
discharge it than I had, and that if he judged it a thing proper to be
done, I wished him to do it. He went into the bureau, saying he would
write something, which he accordingly did, but it was not as I
expected, a discharge that he was to sign, it was for me to sign. And
the Major not liking that which I had drawn for Lord Cornwallis,
because there was a clause in it, reserving to Congress the
approbation or disallowance of my act, went away without taking it.
Upon which I the next morning wrote the following to Mr Oswald.
* * * * *
TO RICHARD OSWALD.
Passy, 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 assuming 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 Passy, 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 passing 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 assuming 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.
_Saturday, 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 passed? He said, no. It passed 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
passed, 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 Grasse'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
principals. 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 passed.
_Saturday, 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
Ambassador at this Court, to make the long talked of treaty with him
here.