Part 28

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.