Chapter D: Hartley (1)

* * * * *

_Breviate mentioned in the preceding Letter._

_February 7th, 1782._--It is stated, that America is disposed to enter into a negotiation of peace with Great Britain, without requiring any formal recognition of independence; always understood, that they are to act in conjunction with their allies, conformable to treaties.

It is therefore recommended to give for reply, that the Ministers of Great Britain are likewise disposed to enter into a negotiation for peace, and that they are ready to open a general treaty for that purpose.

If the British Ministers should see any objection to a general treaty, but should still be disposed to enter into a separate treaty with America, it is then recommended to them to offer such terms to America as shall induce her to apply to her allies for their consent, that she should be permitted to enter into a separate treaty with Great Britain. The condition of which being the consent of allies, no proposition of any breach of faith can be understood to be required by them, by the requisition of a separate treaty.

The British Ministers are free to make any propositions to America, which they may think proper, provided they be not dishonorable in themselves, which in the present case is barred by the supposition of consent being obtained. In this case, therefore, if they should be inclined to offer a separate treaty, it is recommended to them to offer such terms to America, as should induce her to be desirous of closing with the proposal of a separate treaty, on the grounds of national security and interests, and likewise such as may constitute to them a case of reason and justice, upon which they may make requisition to their allies for their consent. It is suggested, that the offer to America of a truce of sufficient length, together with the removal of the British troops, would be equivalent to that case, which is provided for in the treaty of February 6th, 1778, between America and France, viz. _tacit_ independence; and the declared ends of that alliance being accomplished, it would not be reasonable that America should be dragged on by their allies in a war, the continuance of which, between France and Great Britain, could only be caused by separate European jealousies and resentments (if unfortunately for the public peace any such should arise) between themselves, independent and unconnected with the American cause. It is to be presumed, that France would not in point of honor to her allies refuse her consent so requested, as any rivalship or punctilios between her and Great Britain, as European nations, (principles which too frequently disturb the peace of mankind) could not be considered as _casus foederis_ of the American alliance; and their pride as a belligerent power would not permit them to claim the assistance of America as necessary to their support, thereby proclaiming their nation unequal to the contest in case of the continuance of a war with Great Britain, after the settlement and pacification with America. Their consent, therefore, is to be presumed. But if they should demur on this point, if Great Britain should be disposed to concede _tacit_ independence to America by a long truce, and the removal of the troops, and if the obstruction should evidently occur on the part of France, under any equivocal or captious construction of a _defensive_ treaty of alliance between America and France, Great Britain would from thenceforward stand upon advantage ground, either in any negotiation with America, or in the continuance of a war including America, but not arising from any further resentments of Great Britain towards America, but imposed reluctantly upon both parties by the conduct of the Court of France.

These thoughts are not suggested with any view of giving any preference in favor of a separate treaty above a general treaty, or above any plans of separate but concomitant treaties, like the treaties of Munster and Osnaburgh, but only to draw out the line of negotiating a separate treaty, in case the British Ministry should think it necessary to adhere to that mode. But in all cases it should seem indispensable to express some disposition, on the part of Great Britain, to adopt either one mode or the other. An absolute refusal to treat at all must necessarily drive America into the closest connexion with France, and all other foreign hostile powers, who would take that advantage for making every possible stipulation to the future disadvantage of British interests, and above all things would probably stipulate, that America should never make peace with Great Britain, without the most formal and explicit recognition of their independence, absolute and unlimited.

* * * * *

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, May 22d, 1782.

Dear Sir,

I expected to have written you a long letter, more particularly as it is some time since you have received any information from this country, the enemy having effectually blocked up our ports for some months past. But I find myself so extremely hurried, that I have hardly leisure to write this, the vessel by which it is to be sent going sooner than I apprehended.

You will receive herewith a letter to His Most Christian Majesty, which you will present, and a copy, which you will be pleased to deliver to the Count de Vergennes. This I believe is the usual form. You will also receive in the enclosed papers an account of the marks of respect, with which the annunciation of the birth of the Dauphin was received. These are of some importance, at a time when Great Britain is endeavoring to represent us as weary of the alliance, and anxiously wishing to return to our connexion with them. It is probable, that the late changes in the British Administration, and the conciliatory measures they propose, may excite apprehensions of our firmness. I have the pleasure of assuring you, that it has not produced the least effect; all orders of people seem to agree, that it should redouble our vigilance, and while it argues the weakness of the enemy, it serves as a spring to our exertions.

Sir Guy Carleton, shortly after his arrival, wrote a complimentary letter to General Washington, sending him an account of his appointment, and the prints which contained the Parliamentary debates, and requesting leave to send his Secretary with despatches to Congress. The General refused the passport, till he had the sense of Congress thereon; and upon Sir Guy's letter being laid before them, they came to the resolution enclosed.

The papers I send you contain also resolutions of the State of Maryland, and of the Executive Council of Pennsylvania, which I believe speak the language of all the States, which will, I doubt not, make similar declarations when their legislatures shall be convened. So that you may safely assure His Majesty's Ministers, that no art which Great Britain can put in practice will have the least influence in lessening the attachment of the people of this country to the principles of the alliance. It is true their expectations of powerful assistance this campaign are very high. They saw with some pain last year, that the fleet was withdrawn when the enemy were absolutely at their feet, and when one month's stay would have reduced either New York or Charleston. They look eagerly for the return of the fleet. They generally believe this to be the last campaign in America. There is no knowing what effect a disappointment in this hope would have. I believe, from the present view of things, that they would bear it with fortitude, but I should be sorry to see it put to the trial.

Our trade has suffered astonishingly of late; the influence which this will have upon our internal resources is much to be apprehended. It is to be wished, that France would see the great advantages she would derive from keeping a superiority on this coast, where her fleets would be maintained cheaply while they protected our commerce, and compelled England either to risk her army, or to keep a regular fleet here at five times their expense. Enclosed is a statement of our trade drawn up by Mr Morris. You are requested to communicate this to the Court of Versailles, and to use every means in your power to bring the Court to concur in adopting it.

I also enclose a resolution of Congress, to request you to apply for the prisoners due to us, in order that they may be sent here and exchanged for our seamen, who are confined without the hope of relief. Is it impossible to devise some means for the enlargement of those, who are confined in England? Can no cartel be settled? Or no means devised for sending them here to be exchanged? Their case is really pitiable.

I have the honor to be, &c. &c.

ROBERT R. LIVINGSTON.

* * * * *

DAVID HARTLEY TO B. FRANKLIN.

London, May 25th, 1782.

My Dear Friend,

Yours of the 13th instant I received by Mr Oswald. I did not doubt but that the news of a general and absolute release of the American prisoners, which Lord Shelburne was so good as to communicate to me, in answer to that part of your letter of the 5th of April, in which you speak so pathetically of _sweet reconciliation_, would give you much sincere and heartfelt pleasure. God send that it may be the happy omen of final _reconciliation_ and _durable peace_. I should be very happy to hear that good news from you, and in any way to contribute to it. Having on that subject communicated the preliminaries, dated May, 1782, to Lord Shelburne, you may be assured that I have no reservations upon that head respecting America, in any circumstances or condition whatever. You know all my thoughts upon that subject, and the principles upon which they are founded, and therefore that they are not changeable.

It would give me the greatest pleasure, if I could hope for any opportunity of seeing you. I could say many things, which are otherwise incommunicable, and which perhaps would contribute to facilitate the road to peace. I think I see in many parts much matter to work with, out of which a peace, honorable to all parties and upon durable principles, might be established. _No degrading or mortifying conditions to shorten peace and rekindle war._ Perhaps I might not say too much if I were to add, that simply the adoption of _reason_ among nations, and the mere rectification of obsolete and gothic absurdities, which carry no gratification, would afford a fund of remuneration to all parties for renouncing those objects of mutual contention, which, _in the eye of reason_, are no better than creatures of passion, jealousy, and false pride. Until the principles of _reason_ and equity shall be adopted in national transactions, peace will not be durable amongst men.

These are reflections general to all nations. As to the mutual concerns between Great Britain and North America, _reconciliation_ is the touchstone to prove those hearts, which are without alloy. If I can be of any assistance to you, in any communications or explanations conducive to peace, you may command my utmost services. Even if a French Minister were to overhear such an offer, let him not take it in jealous part. Zealously and affectionately attached to my own country and to America, I am nevertheless most perfectly of accord with you, that justice and honor should be observed towards all nations. Mr Oswald will do me the favor to convey this to you. I heartily wish him success in his pacific embassy.

Yours ever most affectionately,

DAVID HARTLEY.

* * * * *

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, May 30th, 1782.

Dear Sir,

Since my last of the 22d instant, I have been honored with yours of the 30th of March, together with the letter from Mr Adams to you enclosed, and the papers, for which I am extremely obliged to you.

I am not at all disappointed at the manner in which the British administration have declared their wish for peace, or at the reluctance they show in parting with this country. To a proud nation the loss of 3,000,000 subjects is mortifying. Every journeyman weaver in every petty village in England conceived himself a sovereign, even while working for the slaves of his supposed subjects. It requires a degree of magnanimity, of which they are incapable, to surrender with dignity what they are no longer able to hold. But they must suppose the politics of the rest of the world to move upon weaker principles than their own, if they imagine the offers they propose to hold out to the belligerent powers will detach them from their alliance with each other, till all the objects of it are attained. Of what avail would the cessions they made in the West Indies be to France, if we were again connected with England. What security would she have for those cessions, or even for the rest of her islands? What she has offered to Spain I know not. To us she has offered nothing, as I have yet heard, but her friendship and the blessings of her government. A seven years' enmity has taught us to put very little value on the former; and the present happiness of the people of England and Ireland has enabled us to form a just estimate of the latter.

I have told you, that we have nothing to apprehend here from the offers of Britain. I have had no reason since to change that opinion. The way, however, to put it out of doubt is to enable us to expel the enemy from this continent. The task is not difficult, and the object is sufficiently important not to let it depend upon other operations.

I am instructed to prepare a memorial to the Court of Versailles, on the subject of the prize money due to Paul Jones, and the officers and men that sailed under his command. Continual complaints are made on that subject. Surely M. de Chaumont has had sufficient time to settle this business. I must beg the favor of you to press it, and to draw and present a memorial to the Court, if it cannot otherwise be accomplished. Mr Barclay will have orders to receive the money for them. I enclose an exstract of a letter from Captain Jones on the subject, together with the list of the ships and their force, agreeable to which the division should be made.

I also send his account of the detention of the brigantine Berkenbosch, together with a copy of De Nief's certificate, that the property belonged to British owners. This I think at first view is a sufficient justification of his conduct, and I hope will be deemed satisfactory, especially when it is considered that our courts are open for a further prosecution of the inquiry, if any injury has been unjustly sustained. I shall take the earliest opportunity to inquire into the other cases you mention. If I am rightly informed, the insult to the Court of Norway is already avenged, the vessels, which are said to have committed it, having been lost at sea. This puts a stop to any further inquiry about it. I shall however endeavor to get this fact more fully ascertained, and write to you again. I should be glad to know on what principle these applications are made to the Court of France. If the powers, who suppose themselves injured, consider us as the subjects of Great Britain, they should carry their complaints to the Court of St James's. If they consider us as independent of them, they should address themselves to us or to you directly.

I am very happy to find you have not lost sight of the prizes detained by the Danish Court, and that you so happily availed yourself of the opportunity they afforded you, to renew your application. This object ought to be pushed, not so much on account of the value of the vessels, as to show that we know what is due to _ourselves_.

Enclosed is a resolution of Congress on the subject of accounts, which you will be pleased to take the earliest opportunity to carry into execution.

You draw an agreeable picture of the French Court, and their favorable dispositions. They stand very high in the esteem of this country; and though we sometimes entertain the hope of repaying by our commerce and alliance the friendship they have shown us, we are not on that account the less sensible of our obligation to them. The distrust and jealousies, which secret enemies have endeavored to excite, have died away. One successful exertion in our favor will secure to them forever the affections of this country. I take an interest in the happiness of the Marquis de Lafayette, which makes me learn with great pleasure the reception he has met with. No man is more worthy of the esteem he enjoys, both at home and here. I have forborne to write to him for some time, in expectation that he was on his way. The same reasons restrain me now. Should any extraordinary event have detained him, you will be so obliging as to mention this as my apology. I am charmed with your idea of a medal to perpetuate the memory of York and Saratoga. The thought is simple, elegant, and strikingly expressive of the subject. I cannot however but flatter myself, that before it can be executed, your Hercules will have tasked your invention for a new emblem.

I enclose a number of letters, that have passed between Generals Washington, Clinton, Robinson, and Sir Guy, chiefly on the subject of Captain Huddy, who, having been taken prisoner and confined some time at New York, was carried by a Captain Lippincott and a party of soldiers to the Jersey shore, and there hanged without the least pretence. You will see an account of the whole transaction in some of the papers I sent. The General, in pursuance of his determination, has ordered the lot to be cast among the British Captains. It has fallen upon the Honorable Captain Asgill of the Guards, who is now on his way to camp. A friend of his, Captain Ludlow, is gone to New York to see if anything can be done to save him. It is really a melancholy case, but the repeated cruelties of this kind, that have been practised, have rendered it absolutely necessary to execute the resolution to retaliate, which we have so often taken, and so frequently been prevented, by our feelings, from carrying into execution.

We are yet totally ignorant of the event of the battle fought on the 12th of April, in the West Indies, of which you will see various and contradictory accounts in our papers. You will have more certain information in Europe. Providence is taken by the Spaniards. Gillon commanded the fleet on the occasion. He yesterday came to this port with a number of the Havana vessels, for which we were in great pain.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

RICHARD OSWALD TO B. FRANKLIN.

Paris, June 5th, 1782.

Sir,

While Mr Laurens was under confinement in England, he promised, that on condition of his being liberated upon his parole, he would apply to you for an exchange in favor of Lord Cornwallis, by a discharge of his Lordship granted upon the surrender of his garrison at the village of York in Virginia; and, in case of your being under any difficulty in making such exchange, he undertook to write to the Congress, and to request it of that assembly, making no doubt of obtaining a favorable answer, without loss of time.

This proposal, signed by Mr Laurens's hand, I carried and delivered, I think, in the month of December last, to his Majesty's then Secretaries of State, which was duly attended to; and in consequence thereof Mr Laurens was soon after set at full liberty. And though not a prisoner under parole, yet it is to be hoped, a variation in the mode of discharge will not be supposed of any essential difference.

And with respect to Mr Laurens, I am satisfied he will consider himself as much interested in the success of this application, as if his own discharge had been obtained under the form, as proposed by the representation, which I delivered to the Secretaries of State, and, I make no doubt, will sincerely join my Lord Cornwallis in an acknowledgment of your favor and good offices, in granting his Lordship a full discharge of his parole abovementioned.

I have the honor to be, with much respect, Sir, your most obedient humble servant,

RICHARD OSWALD.

_P. S._ Major Ross has got no copy of Lord Cornwallis's parole. He says it was in the common form, as in like cases.

Since writing the above, I recollect I was under a mistake, as if the proposal of exchange came first from Mr Laurens; whereas, it was made by his Majesty's Secretaries of State to me, that Mr Laurens should endeavor to procure the exchange of Lord Cornwallis, so as to be discharged himself. Which proposal I carried to Mr Laurens, and had from him the obligation abovementioned, upon which the mode of his discharge was settled.

R. O.

* * * * *

TO RICHARD OSWALD.

Passy, June 5th, 1782.

Sir,

I received the letter you did me the honor of writing to me, respecting the parole of Lord Cornwallis. You are acquainted with what I wrote some time since to Mr Laurens. Tomorrow is post day from Holland, when possibly I may receive an answer, with a paper drawn up by him for the purpose of discharging that parole, to be signed by us jointly. I suppose the staying at Paris another day will not be very inconvenient to Major Ross, and if I do not hear tomorrow from Mr Laurens, I will immediately, in compliance with your request, do what I can towards the liberation of Lord Cornwallis.

I have the honor to be, with great respect, Sir, your most obedient humble servant,

B. FRANKLIN.

* * * * *

JOHN ADAMS TO B. FRANKLIN.

The Hague, June 13th, 1782.

Sir,

I had yesterday, at Amsterdam, the honor of receiving your Excellency's letter of June the 2d.

The discovery, that Mr Grenville's power was only to treat with France, does not surprise me at all. The British Ministry are too divided among themselves, and have too formidable an opposition against them, in the King and the old Ministers, and are possessed of too little of the confidence of the nation, to have courage to make concessions of any sort, especially since the news of their successes in the East and West Indies. What their vanity will end in God only knows; for my own part, I cannot see a probability, that they will ever make peace, until their finances are ruined, and such distresses brought upon them, as will work up their parties into a civil war.

I wish their enemies could by any means be persuaded to carry on the war against them in places, where they might be sure of triumphs, instead of insisting on pursuing it where they are sure of defeat. But we must take patience, and wait for time to do what wisdom might easily and soon do.

I have not as yet taken any engagements with the Dutch not to make peace without them; but I will take such engagements in a moment, if the Dutch will take them, and I believe they would very cheerfully. I shall not propose it, however, till I have the concurrence of the Duc de la Vauguyon, who will do nothing without the instructions of his Court. I would not delay it a moment from any expectation, that the English will acknowledge our independence and make peace with us, because I have no such expectations. The permanent friendship of the Dutch may be easily obtained by the United States; that of England, never; it is gone with the days before the flood. If we ever enjoy the smallest degree of sincere friendship again from England, I am totally incapable of seeing the character of a nation or the connexion of things; which however may be the case for what I know. They have brought themselves into such a situation! Spain, Holland, America, the armed neutrality, have all such pretensions and demands upon them, that where is the English Minister, or Member of Parliament, that dares vote for the concession to them? The pretensions of France I believe would be so moderate, that possibly they might be acceded to. But it is much to be feared, that Spain, who deserves the least, will demand the most; in short, the work of peace appears so impracticable and chimerical, that I am happy in being restrained to this country, by my duty, and by this means excused from troubling my head much about it.

I have a letter from America, that informed me, that Mr Jay had refused to act in the commission for peace; but if he is on the way to Paris, as you suppose, I presume my information must be a mistake, which I am very glad of. Mr Laurens did me the honor of a very short visit, in his way to France, but I was very sorry to learn from him, that in a letter to your Excellency from Ostend, he had declined serving in the commission for peace. I had vast pleasure in his conversation, for I found him possessed of the most exact judgment concerning our enemies, and of the same noble sentiments in all things, which I saw in him in Congress.

What is the system of Russia? Does she suppose, that England has too many enemies upon her, and that their demands and pretensions are too high? Does she seek to embroil affairs, and to light up a general war in Europe? Is Denmark in concert with her, or any other power? Her conduct is a phenomenon. Is there any secret negotiation or intrigue on foot to form a party for England among the powers of Europe, and to make a balance against the power of the enemies of England?

The States of Holland and several other provinces have taken a resolution against the mediation for a separate peace; and this nation seems to be well fixed in its system, and in the common cause.

My best respects and affections to my old friend, Mr Jay, if you please. I have the honor to be, Sir, your most obedient and most humble servant,

JOHN ADAMS.

* * * * *

ROBERT R. LIVINGSTON TO B. FRANKLIN.

Philadelphia, June 23d, 1782.

Dear Sir,

This will be sent with duplicates of some of my former letters to the southward, to embrace the first opportunity, that shall offer from thence. By so uncertain a conveyance you can expect nothing. Nor indeed does our present situation furnish anything, that calls for your immediate attention, unless it be the unanimity with which the people of all ranks agree in determining to listen to no proposals from England, which have not the alliance with France for their basis. Perhaps the joy they have discovered, in celebrating the birth of the Dauphin, will be considered as a proof of their sincere attachment to the present illustrious monarch of France and his family.

Leslie has endeavored to bring General Greene to agree to a suspension of arms for the Southern Department, which he has very prudently refused.

Nothing has yet been determined, or rather executed, with respect to Captain Asgill. The enemy are holding a Court Martial on Lippincott, the executioner of Captain Huddy; on their decision the life of Captain Asgill will depend. Such is the melancholy necessity, which the cruelty of the enemy has imposed.

You enclosed a letter from the Count de Vergennes, on the subject of the pension due M. Tousard. Congress are too sensible of that gentleman's merit to deprive him of it. But as it is necessary, that everything of this kind be transacted at one office, it is proper that he direct some person as his agent to apply to the Treasury office here, and produce your certificate of the time to which the last payment was made, or at least transmit a statement of his account, on which the balance will be paid, and his pension regularly settled with his attorney in future.

The case of the brigantine Ernten has been decided upon in the inferior courts, and in the Court of Appeals. The latter have been prevailed upon at my request to give a rehearing, which is not yet determined. Should its determination be against the vessel or cargo, on a conviction, that she was British property, Congress will not choose to interfere in the execution of the sentence, which the court they have instituted is competent to award.

I could wish to know from you what allowance you make to your private Secretary, and to have an accurate estimate of those contingent expenses of your office, which you think ought to be charged as distinct from your salary.

I enclose a copy of a letter from Mr Deane to Governor Trumbull, with his answer, which you will please to forward. A copy of the answer is also enclosed.

I have the honor to be, &c.

ROBERT R. LIVINGSTON

* * * * *

TO ROBERT R. LIVINGSTON.

Passy, June 25th, 1782.

Sir,

I have received your respective letters of January 26th and February 13th. The first was accompanied with a form of a convention for the establishment of consuls. Mr Barclay having been detained these six months in Holland, though in continual expectation of returning hither, I have yet done nothing in that business, thinking his presence might be of use in settling it. As soon as he arrives I shall move the completion of it.

The second enforces some resolutions of Congress, sent me with it, respecting a loan of 12,000,000 of livres, to be demanded of France for the current year. I had already received the promise of six millions, together with the clearest and most positive assurances, that it was all the King could spare to us, that we must not expect more, that if drafts and demands came upon me beyond that sum, it behoved me to take care how I accepted them, or where I should find funds for the payment, since I could certainly not be further assisted out of the royal treasury. Under this declaration, with what face could I ask for another six millions? It would be saying, you are not to be believed, you can spare more; you are able to lend me twice the sum if you were but willing. If you read my letter to Mr Morris of this date, I think you will be convinced how improper any language, capable of such a construction, would be to such a friend. I hope, however, that the loan Mr Adams has opened in Holland for three millions of florins, which it is said is likely to succeed, will supply the deficiency.

By the newspapers I have sent you will see, that the general disposition of the British nation towards us had been changed. Two persons have been sent here by the new ministers, to propose treating for peace. They had at first some hopes of getting the belligerent powers to treat separately, one after another, but finding that impracticable, they have, after several messengers sent to and fro, come to a resolution of treating with all together for a general peace, and have agreed, that the place shall be Paris. Mr Grenville is now here with full powers for that purpose, (if they can be reckoned full with regard to America, till a certain act is completed for enabling his Majesty to treat, &c, which has gone through the Commons, and has been once read in the House of Lords.) I keep a very particular journal of what passes every day in the affair, which is transcribing to be sent to you. I shall, therefore, need to say no more about it in this letter, except, that though I still think they were sincere at first in their desire of peace, yet since their success in the West Indies, I imagine, that I see marks of their desiring rather to draw the negotiations into length, that they may take the chance of what the campaign shall produce in their favor, and as there are so many interests to adjust, if will be prudent for us to suppose, that even another campaign may pass before all can be agreed. Something too may happen to break off the negotiations, and we should be prepared for the worst.

I hoped for the assistance of Mr Adams and Mr Laurens. The first is too much engaged in Holland to come hither, and the other declines serving; but I have now the satisfaction of being joined by Mr Jay, who happily arrived here from Madrid last Sunday. The Marquis de Lafayette is of great use in our affairs here, and as the campaign is not likely to be very active in North America, I wish I may be able to prevail with him to stay a few weeks longer. By him you will receive the journal abovementioned, which is already pretty voluminous, and yet the negotiations cannot be said to be opened.

Ireland you will see has obtained all her demands triumphantly. I meet no one from that country, who does not express some obligations to America for their success.

Before I received your just observations on the subject, I had obtained from the English Ministers a resolution to exchange all our prisoners. They thought themselves obliged to have an act of Parliament about it for authorising the King to do it, this war being different from others, as made by an act of Parliament declaring us rebels, and our people being committed for high treason. I empowered Mr Hodgson, who was chairman of the committee, that collected and dispensed the charitable subscriptions for the American prisoners, to treat and conclude on the terms of their discharge, and having approved of the draft he sent me of the agreement, I hope Congress will see fit to order a punctual execution of it. I have long suffered with those poor brave men, who with so much public virtue have endured four or five years hard imprisonment, rather than serve against their country. I have done all I could afford towards making their situation more comfortable; but their numbers were so great, that I could do but little for each, and that very great villain, Digges, defrauded them of between three and four hundred pounds, which he drew from me on their account. He lately wrote me a letter, in which he pretended he was coming to settle with me, and to convince me, that I had been mistaken with regard to his conduct; but he never appeared, and I hear he is gone to America. Beware of him, for he is very artful, and has cheated many. I hear every day of new rogueries committed by him in England.

The Ambassador from Sweden to this Court applied to me lately to know, if I had powers that would authorise my making a treaty with his master in behalf of the United States. Recollecting a general power, that was formerly given to me with the other Commissioners, I answered in the affirmative. He seemed much pleased, and said the King had directed him to ask the question, and charged him to tell me that he had so great esteem for me, that it would be a particular satisfaction to him to have such a transaction with me. I have perhaps some vanity in repeating this; but I think too, that it is right that Congress should know it, and judge if any use may be made of the reputation of a citizen for the public service. In case it should be thought fit to employ me in that business, it will be well to send a more particular power, and proper instructions. The Ambassador added, that it was a pleasure to him to think, and he hoped it would be remembered, that Sweden was the first power in Europe, which had voluntarily offered its friendship to the United States without being solicited. This affair should be talked of as little as possible till completed.

I enclose another complaint from Denmark, which I request you will lay before Congress. I am continually pestered with complaints from French seamen, who were with Captain Cunningham in his first cruise from Dunkirk; from others who were in the Lexington, the Alliance, &c. being put on board prizes that were retaken, were never afterwards able to join their respective ships, and so have been deprived of the wages, &c. due to them. It is for our national honor, that justice should be done them if possible; and I wish you to procure an order of Congress for inquiring into their demands, and satisfying such as shall be found just. It may be addressed to the Consul.

I enclose a note from M. de Vergennes to me, accompanied by a memoir relating to a Swiss, who died at Edenton. If you can procure the information desired, it will much oblige the French Ambassador in Switzerland.

I have made the addition you directed to the cypher. I rather prefer the old one of Dumas, perhaps because I am more used to it. I enclose several letters from that ancient and worthy friend of our country. He is now employed as secretary to Mr Adams, and I must, from a long experience of his zeal and usefulness, beg leave to recommend him warmly to the consideration of Congress, with regard to his appointments, which have never been equal to his merit. As Mr Adams writes me the good news, that he shall no longer be obliged to draw on me for his salary, I suppose it will be proper to direct his paying that which shall be allowed to M. Dumas.

Be pleased to present my duty to the Congress, and believe me to be, with great esteem and regard,

B. FRANKLIN.

* * * * *

TO ROBERT R. LIVINGSTON.

Passy, June 29th, 1782.

Sir,

In mine of the 25th instant, I omitted mentioning, that at the repeated earnest instances of Mr Laurens, who had given such expectations to the Ministry in England, when his parole or securities were discharged, as that he could not think himself at liberty to act in public affairs, till the parole of Lord Cornwallis was absolved by me in exchange, I sent to that General the paper of which the enclosed is a copy;[35] and I see by the English papers, that his Lordship immediately on the receipt of it appeared at Court, and has taken his seat in the House of Peers, which he did not before think was warrantable. My authority for doing this appeared questionable to myself, but Mr Laurens judged it deducible from that respecting General Burgoyne, and, by his letters to me, seemed so unhappy till it was done, that I ventured it, with a clause, however, as you will see, reserving to Congress the approbation or disallowance of it.

[35] See above, p. 362.

The enabling act is now said to be passed, but no copy of it is yet received here, so that as the bill first printed has suffered alterations in passing through Parliament, and we know not what they are, the treaty with us is not yet commenced. Mr Grenville expects his courier in a few days, with the answer of his Court to a paper given him on the part of this. That answer will probably afford us a clearer understanding of the intentions of the British Ministry, which for some weeks past have appeared somewhat equivocal and uncertain. It looks as if, since their late success in the West Indies, they a little repented of the advances they had made in their declarations, respecting the acknowledgment of our independence; and we have pretty good information, that some of the Ministers still flatter the King with the hope of recovering his sovereignty over us, on the same terms as are now making with Ireland. However willing we might have been at the commencement of this contest to have accepted such conditions, be assured we can have no safety in them at present. The King hates us most cordially. If he is once admitted to any degree of power and government among us, however limited, it will soon be extended by corruption, artifice, and force, till we are reduced to absolute subjection, and that the more easily, as, by receiving him again for our King, we shall draw upon us the contempt of all Europe, who now admire and respect us, and shall never again find a friend to assist us. There are, it is said, great divisions in the Ministry on other points as well as this, and those who aim at engrossing the power, flatter the King with this project of reunion, and, it is said, have much reliance on the operations of private agents sent into America to dispose minds there in favor of it, and to bring about a separate treaty there with General Carleton. I have not the least apprehension, that Congress will give into this scheme, it being inconsistent with our treaties, as well as with our interest; but I think it will be well to watch the emissaries, and secure, or banish immediately, such as shall be found tampering and stirring up the people to call for it.

The firm united resolution of France, Spain, and Holland joined with ours, not to treat of a particular, but a general peace, notwithstanding the separate tempting offers to each, will in the end give us the command of that peace. Every one of the other powers see clearly its interest in this, and persists in that resolution. The Congress I am persuaded are as clear sighted as any of them, and will not depart from the system, which has been attended with so much success, and promises to make America soon both great and happy.

I have just received a letter from Mr Laurens, dated at Lyons, on his journey into the south of France for his health. Mr Jay will write also by this opportunity.

With great esteem, I have the honor to be, &c.

B. FRANKLIN.

JOURNAL

OF THE NEGOTIATION FOR PEACE WITH GREAT BRITAIN

* * * * *

FROM MARCH 21ST TO JULY 1ST, 1782.

Passy May 9th, 1782.

As since the change of the Ministry of England, some serious professions have been made of their disposition to peace, and of their readiness to enter into a general treaty for that purpose; and as the concerns and claims of five nations are to be discussed in that treaty, which must therefore be interesting to the present age, and to posterity, I am inclined to keep a journal of the proceedings as far as they come to my knowledge, and to make it more complete, I will first endeavor to recollect what has already past. Great affairs sometimes take their rise from small circumstances. My good friend and neighbor Madame Brillon, being at Nice all last winter for her health, with her very amiable family, wrote to me that she had met with some English gentry there, whose acquaintance proved agreeable; among them she named Lord Cholmondely, who she said had promised to call in his return to England, and drink tea with us at Passy. He left Nice sooner than she supposed, and came to Paris long before her. On the 21st of March, I received the following note.

"Lord Cholmondely's compliments to Dr Franklin; he sets out for
London tomorrow evening, and should be glad to see him for five
minutes before he went. Lord Cholmondely will call upon him at
any time in the morning he shall please to appoint.

Thursday evening. Hotel de Chartres."

I wrote for answer, that I should be at home all the next morning, and glad to see his Lordship if he did me the honor of calling on me. He came accordingly. I had before no personal knowledge of this nobleman. We talked of our friends whom he left at Nice, then of affairs in England, and the late resolutions of the Commons on Mr Conway's motion. He told me that he knew Lord Shelburne had a great regard for me, that he was sure his Lordship would be pleased to hear from me, and that if I would write a line he should have a pleasure in carrying it. On which I wrote the following.

* * * * *

TO LORD SHELBURNE.

Passy, March 22d, 1782.

"My Lord,

"Lord Cholmondely having kindly offered to take a letter from me to your Lordship, I embrace the opportunity of assuring the continuance of my ancient respect for your talents and virtues, and of congratulating you on the returning good disposition of your country in favor of America, which appears in the late resolutions of the Commons. I am persuaded it will have good effects. I hope it will tend to produce a _general peace_, which I am sure your Lordship, with all good men, desires, which I wish to see before I die, and to which I shall, with infinite pleasure, contribute everything in my power.

"Your friends, the Abbé Morellet and Madame Helvetius, are well. You have made the latter very happy by your present of gooseberry bushes, which arrived in five days, and in excellent order. With great and sincere esteem, I have the honor to be, &c. &c.

B. FRANKLIN."

Soon after this we heard from England, that a total change had taken place in the Ministry, and that Lord Shelburne had come in as Secretary of State. But I thought no more of my letter, till an old friend and near neighbor of mine many years in London appeared at Passy, and introduced a Mr Oswald, whom he said had a great desire to see me, and Mr Oswald, after some little conversation, gave me the following letters from Lord Shelburne and Mr Laurens.

* * * * *

LORD SHELBURNE TO B. FRANKLIN.

London, April 6th, 1782.

"Dear Sir,

"I have been favored with your letter, and am much obliged by your remembrance. I find myself returned early to the same situation, which you remember me to have occupied nineteen years ago, and I should be very glad to talk to you as I did then, and afterwards in 1767, upon the means of promoting the happiness of mankind, a subject much more agreeable to my nature, than the best concerted plans for spreading misery and devastation. I have had a high opinion of the compass of your mind, and of your foresight. I have often been beholden to both, and shall be glad to be so again, as far as is compatible with your situation. Your letter discovering the same disposition, has made me send to you Mr Oswald. I have had a longer acquaintance with him, than even I have had the pleasure to have with you. I believe him an honest man, and, after consulting some of our common friends, I have thought him the fittest for the purpose. He is a pacifical man, and conversant in those negotiations, which are most interesting to mankind. This has made me prefer him to any of our speculative friends, or to any person of higher rank. He is fully apprized of my mind, and you may give full credit to everything he assures you of. At the same time, if any other channel occurs to you, I am ready to embrace it. I wish to retain the same simplicity and good faith, which subsisted between us in transactions of less importance. I have the honor to be, &c.

SHELBURNE."

* * * * *

HENRY LAURENS TO B. FRANKLIN.

London, April 7th, 1782.

"Dear Sir,

"Richard Oswald, Esquire, who will do me the honor of delivering this, is a gentleman of the strictest candor and integrity. I dare give such assurances from an experience little short of thirty years, and to add, you will be perfectly safe in conversing freely with him on the business he will introduce, a business, which Mr Oswald has disinterestedly engaged in, from motives of benevolence, and from the choice of the man a persuasion follows, that the Electors mean to be in earnest.

"Some people in this country, who have too long indulged themselves in abusing everything American, have been pleased to circulate an opinion, that Dr Franklin is a very cunning man, in answer to which, I have remarked to Mr Oswald, 'Dr Franklin knows very well how to manage a cunning man, but when the Doctor converses, or treats with a man of candor, there is no man more candid than himself.' I do not know whether you will ultimately agree on political sketches, but I am sure, as gentlemen, you will part very well pleased with each other. Should you, Sir, think proper to communicate to me your sentiments and advice on our affairs, the more amply the more acceptable, and probably the more serviceable; Mr Oswald will take charge of your despatches, and afford a secure means of conveyance.

"To this gentleman I refer you for general information of a journey, which I am immediately to make, partly in his company, at Ostend, to file off for the Hague. I feel a willingness, infirm as I am, to attempt doing as much good as can be expected from such a prisoner upon parole. As General Burgoyne is certainly exchanged, (a circumstance, by the by, which possibly might have embarrassed us, had your late propositions been accepted) may I presume at my return to offer another Lieutenant General, now in England, a prisoner upon parole, in exchange; or what shall I offer in exchange for myself, a thing in my own estimation of no great value? I have the honor to be, with great respect, and, permit me to add, great reverence, Sir, &c.

HENRY LAURENS."

I entered into conversation with Mr Oswald. He was represented in the letter as fully apprized of Lord Shelburne's mind, and I was desirous of knowing it. All I could learn was, that the new Ministry sincerely wished for a peace, that they considered the object of the war, to France and America, as obtained. That if the independence of the United States was agreed to, there was no other point in dispute, and therefore nothing to hinder a pacification. That they were ready to treat of _Peace_, but he intimated, that if France should insist upon terms too humiliating to England, they could still continue the war, having yet great strength, and many resources left. I let him know, that America would not treat but in concert with France, and that my colleagues not being here, I could do nothing of importance in the affair; but that, if he pleased, I would present him to M. de Vergennes, Secretary of State for foreign Affairs. He consenting, I wrote and sent the following letter.

* * * * *

TO COUNT DE VERGENNES.

Passy, April 15th, 1782.

"Sir,

"An English nobleman, Lord Cholmondely, lately returning from Italy, called upon me here, at the time when we received the news of the first resolutions of the House of Commons, relating to America. In conversation he said, that he knew his friend, Lord Shelburne, had a great regard for me, that it would be pleasing to him to hear of my welfare, and receive a line from me, of which he, Lord Cholmondely, should like to be the bearer, adding, if there should be a change of Ministry, he believed Lord Shelburne would be employed. I thereupon wrote a few lines, of which I enclose a copy. This day I received an answer, which I also enclose, together with another letter from Mr Laurens. They both, as your Excellency will see, recommend the bearer, Mr Oswald, as a very honest, sensible man. I have had a little conversation with him. He tells me, that there has been a desire of making a separate peace with America, and continuing the war with France and Spain, but that now all wise people give up that idea as impracticable, and it is his private opinion, that the Ministry do sincerely desire a _general peace_, and that they will readily come into it, provided France does not insist upon conditions too humiliating for England, in which case she will make great and violent efforts, rather than submit to them, and that much is still in her power, &c.