Chapter D: Hartley."

"_P. S. May 17th, 1782._ Since writing the above, I have likewise left a copy of the enclosed preliminaries with Lord Shelburne."

* * * * *

PRELIMINARIES.

May, 1782.

"1. That the British troops shall be withdrawn from the Thirteen Provinces of North America, and a truce made between Great Britain and the said Provinces, for ---- years. (Suppose ten or twenty years.)

"2. That a negotiation for peace shall _bona fide_ be opened between Great Britain and the allies of America.

"3. If the proposed negotiation between Great Britain and the allies of America should not succeed so far as to produce peace, but that war should continue between the said parties, that America should act, and be treated as a neutral nation.

"4. That whenever peace shall take place between Great Britain and the allies of America, the truce between Great Britain and America shall be converted into a perpetual peace, the independence of America shall be admitted and guarantied by Great Britain, and a commercial treaty settled between them.

"5. That these propositions shall be made to the Court of France, for communication to the American Commissioners, and for an answer to the Court of Great Britain."

* * * * *

The same day Mr Grenville visited me. He acquainted me, that his courier was returned, and had brought him full powers in form to treat for a peace _with France and her allies_. That he had been at Versailles, and had shown his power to M. de Vergennes, and left a copy with him. That he had also a letter of credence, which he was not to deliver till France should think fit to send a Minister of the same kind to London; that M. de Vergennes had told him, that he would lay it before the King, and had desired to see him again on Wednesday. That Mr Oswald had arrived in London, about an hour before the courier came away. That Mr Fox in his letter had charged him to thank me for that which I had written, and to tell me, that he hoped I would never forget, that he and I were of the same country.

I answered, that I should always esteem it an honor to be owned as a countryman of Mr Fox. He had requested me at our last interview, that if I saw no impropriety in doing it, I would favor him with a sight of the treaty of alliance between France and America. I acquainted him that it was printed, but that if he could not readily meet with a copy, I would have one written for him. And as he had not been able to find one, I this day gave it to him.

He lent me a London gazette, containing Admiral Rodney's account of his victory over M. de Grasse, and the accounts of other successes in the East Indies, assuring me, however, that these events made not the least change in the sincere desire of his Court to treat for peace.

In the afternoon the Marquis de Lafayette called upon me. I acquainted him with what Mr Grenville had told me respecting the credential letter, and the expectation that a person on the part of this Court would be sent to London with a commission similar to his. The Marquis told me he was on his way to Versailles, and should see M. de Vergennes. We concluded, that it would now be proper for him to make the proposition we had before talked of, that he should be the person employed in that service.

On Monday, the 27th, I received a letter from Mr Jay, dated the 8th, acquainting me, that he had received mine of the 21st and 22d past, and had concluded to set out for Paris about the 19th, so that he may be expected in a few days.

I dined this day with Count d'Estaing, and a number of brave marine officers, that he had invited. We were all a little dejected with the news. I mentioned, by way of encouragement, the observation of the Turkish bashaw, who was taken with his fleet at Lepanto, by the Venetians. "Ships," says he, "are like my master's beard, you may cut it, but it will grow again. He has cut off from your government all the Morea, which is like a limb, which you will never recover." And his words proved true.

On Tuesday I dined at Versailles with some friends, so was not at home when the Marquis de Lafayette called to acquaint me, that M. de Vergennes informed him, that the full power received by Mr Grenville from London, and communicated by him, related to France only. The Marquis left for me this information, which I could not understand. On Wednesday I was at Court, and saw the copy of the power. It appeared full with regard to treating with France, but mentioned not a word of her allies. And, as M. de Vergennes had explicitly and constantly, from the beginning, declared to the several messengers, Mr Forth, Mr Oswald, and Mr Grenville, that France could only treat in concert with her allies, and it had in consequence been declared on the part of the British Ministry, that they consented to treat for a general peace, and at Paris, the sending this partial power seemed to be insidious, and a mere invention to occasion delay, the late disasters to the French fleet having probably given the Court of England fresh courage and other views.

M. de Vergennes said he should see Mr Grenville on Thursday, and would speak his mind to him, on the subject very plainly. "They want," said he, "to treat with us for you, but this the King will not agree to. He thinks it not consistent with the dignity of your state. You will treat for yourselves; and every one of the powers at war with England will make its own treaty. All that is necessary for our common security is, that the treaties go hand in hand, and are signed all on the same day."

Prince Bariatinski, the Russian Ambassador, was particularly civil to me this day at Court, apologised for what passed relating to the visit, expressed himself extremely sensible of my friendship in covering the affair, which might have occasioned to him very disagreeable consequences, &c. The Count du Nord came to M. de Vergennes, while we were drinking coffee, after dinner. He appears lively and active, with a sensible, spirited countenance. There was an opera at night for his entertainment. The house being richly finished with abundance of carving and gilding, well illuminated with wax tapers, and the company all superbly dressed, many of the men in cloth of tissue, and the ladies sparkling with diamonds, formed altogether the most splendid spectacle my eyes ever beheld.

I had some little conference today with M. M. Berkenrode, Vanderpierre and Boeris, the Ambassador of Holland and the agents of the Dutch East India Company. They informed me, that the second letter of Mr Fox to the mediating Minister of Russia, proposing a separate peace with Holland, made no more impression than the first, and no peace would be made but in concurrence with France.

The Swedish Minister told me he expected orders from his Court relative to a treaty, &c.

I had, at our last interview, given Mr Grenville a rendezvous for Saturday morning, and having some other engagements for Thursday and Friday, though I wish to speak with him on the subject of his power, I did not go to him, but waited his coming to me on Saturday. On Friday, May 31st, Mr Oswald called on me, being just returned, and brought me the following letters from Lord Shelburne, the first of which had been written before his arrival.

* * * * *

LORD SHELBURNE TO B. FRANKLIN.

Whitehall, May 28th, 1782.

"Sir,

"I am honored with your letter of the 10th instant, and am very glad to find that the conduct, which the King has empowered me to observe towards Mr Laurens, and the American prisoners, has given you pleasure. I have signified to Mr Oswald his Majesty's pleasure, that he shall continue at Paris till he receives orders from hence to return. In the present state of this business, there is nothing for me to add, but my sincere wishes for a happy issue, and to repeat my assurances, that nothing shall be wanting on my part which can contribute to it. I have the honor to be, with very great regard,

SHELBURNE."

* * * * *

LORD SHELBURNE TO B. FRANKLIN.

Whitehall, May 29th, 1782.

"Sir,

"I have the honor to receive your letter of the 13th of May, by Mr Oswald. It gives me great pleasure to find my opinion of the moderation, prudence, and judgment of that gentleman confirmed by your concurrence. For I am glad to assure you, that we likewise concur in hoping that those qualities may enable him to contribute to the speedy conclusion of a peace, and such a peace as may be firm and long lasting. In that hope he has the King's orders to return immediately to Paris, and you will find him, I trust, properly instructed to co-operate in so desirable an object. I have the honor to be, &c.

SHELBURNE."

* * * * *

I had not then time to converse much with Mr Oswald, and he promised to come and breakfast with me on Monday.

_Saturday, June 5th._ Mr Grenville came, according to appointment. Our conversation began by my acquainting him that I had seen the Count de Vergennes, and had perused the copy left with him of the power to treat. That after what he, Mr Grenville, told me of its being to treat with France _and her allies_, I was a little surprised to find in it no mention of the allies, and that it was only to treat with the King of France and his Ministers; that, at Versailles, there was some suspicion of its being intended to occasion delay, the professed desire of a speedy peace being, perhaps, abated in the British Court since its late successes; but that I imagined the words relating to the allies might have been accidentally omitted in transcribing, or that, perhaps, he had a special power to treat with us distinct from the other. He answered, that the copy was right, and that he had no such power in form, but that his instructions were full to that purpose, and that he was sure the Ministers had no desire of delay, nor any of excluding us from the treaty, since the greatest part of those instructions related to treating with me. That, to convince me of this sincerity of his Court respecting us, he would acquaint me with one of his instructions, though, perhaps, the doing it now was premature, and therefore a little inconsistent with the character of a politician, but he had that confidence in me that he should not hesitate to inform me, (though he wished that at present it should go no further,) _he was instructed to acknowledge the independence of America, previous to the commencement of the treaty_. And he said he could only account for the omission of America in the POWER, by supposing that it was an old official form copied from that given to Mr Stanley, when he came over hither before the last peace. Mr Grenville added that he had, immediately after his interview with the Count de Vergennes, despatched a courier to London, and hoped, that with his return the difficulty would be removed. That he was perfectly assured their late success had made no change in the disposition of his Court to peace, and that he had more reason than the Count de Vergennes to complain of delays, since five days were spent before he could obtain a passport for his courier, and then it was not to go and return by way of Calais, but to go by Ostend, which would occasion a delay of five days longer. Mr Grenville then spoke much of the high opinion the present Ministry had of me, and their great esteem for me, their desire of a perfect reconciliation between the two countries, and the firm and general belief in England, that no man was so capable as myself of proposing the proper means of bringing about such a reconciliation, adding that if the old Ministers had formerly been too little attentive to my counsels, the present were very differently disposed, and he hoped that in treating with them, I would totally forget their predecessors.

The time has been when such flattering language, as from great men, might have made me vainer, and had more effect on my conduct, than it can at present, when I find myself so near the end of life as to esteem lightly all personal interests and concerns, except that of maintaining to the last, and leaving behind me the tolerably good character I have hitherto supported.

Mr Grenville then discoursed of our resolution not to treat without 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.

_Sunday, June 9th._ Doctor Bancroft being intimately acquainted with 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.

* * * * *