Part 36

"The opinion I have of your candor, probity, and good understanding, and good will to both countries, made me hope you would have been vested with the character of Plenipotentiary to treat with those from America. When Mr Grenville produced his first commission, which was only to treat with France, I did imagine that the other to treat with us was reserved for you, and kept only till the Enabling Bill should be passed. Mr Grenville has since received a second commission, which, as he informs me, has additional words, empowering him to treat with the Ministers of any other _Prince_ or _State_ whom it may concern, and he seems to understand that those general words comprehend the United States of America. There may be no doubt that they may comprehend Spain and Holland, but as there exist various public acts, by which the government of Britain denies us to be States, and none in which they acknowledge us to be such, it seems hardly clear that we could be intended at the time the commission was given, the _Enabling Act_ not being then passed. So that though I can have no objection to Mr Grenville, nor right to make it if I had any, yet as your long residence in America has given you a knowledge of that country, its people, circumstances, commerce, &c. which, added to your experience in business, may be useful to both sides in facilitating and expediting the negotiation, I cannot but hope that it is still intended to vest you with the character abovementioned, respecting the treaty with America, either separately or in conjunction with Mr Grenville, as to the wisdom of your Ministers may seem best. Be it as it may, I beg you would accept this line as a testimony of the sincere esteem and respect with which, &c.

B. FRANKLIN."

_Friday, June 28th._ M. de Rayneval called upon me, and acquainted me that the Ministers had received intelligence from England, that besides the orders given to General Carleton to propose terms of reunion to America, artful emissaries were sent over, to go through the country and stir up the people to call on the Congress to accept those terms, they being similar to those settling with Ireland; that it would, therefore, be well for Mr Jay and me to write and caution Congress against these practices. He said Count de Vergennes wished also to know what I had written respecting the negotiation, as it would be well for us to hold pretty near the same language. I told him that I did not apprehend the least danger, that such emissaries would meet with any success, or that the Congress would make any treaty with General Carleton. That I would, however, write as he desired; and Mr Jay coming in, promised the same. He said the courier would go tomorrow. I accordingly wrote the following letter to Mr Secretary Livingston.[37]

[37] See above, p. 373.

M. de Rayneval, who is Secretary to the Council of State, called again in the evening. I gave him copies of the three preceding letters to peruse and show to Count de Vergennes, to convince him that we held no underhand dealings here. I own I had, at the same time, another view in it, which was, that they should see I had been ordered to demand further aids, and had forborne to make the demands, with my reasons, hoping that if they could possibly help us to more money, they might be induced to do it.

I had never made any visit to Count d'Aranda, the Spanish Ambassador, for reasons before mentioned. M. de Rayneval told Mr Jay and me this morning, that it would be well for us to wait on him, and he had authority to assure us, we should be well received. We accordingly concluded to wait on his Excellency the next morning.

_Saturday, June 29th._ We went together to the Spanish Ambassador's, who received us with great civility and politeness. He spoke with Mr Jay on the subject of the treaty they were to make together, and mentioned in general, as a principle, that the two powers should consider each other's conveniency, and accommodate and compensate each other as well as they could. That an exact compensation might, perhaps, not be possible, but should be approached as nearly as the nature of things would admit. Thus, says he, if there is a certain thing which would be convenient to each of us, but more convenient to one than to the other, it should be given to the one to whom it would be most convenient, and compensation made by giving another thing to the other, for the same reason. I suppose he had in view something relating to boundaries or territories, because, he added, we will sit down together with maps in our hands, and, by that means, shall see our way more clearly. I learnt from him, that the expedition against Providence had sailed, but no advice was yet received of its success. On our going out, he took pains himself to open the folding doors for us, which is a high compliment here; and told us he would return our visit, (_rendre son devoir_) and then fix a day with us for dining with him. I dined with Mr Jay and a company of Americans at his lodgings.

_Sunday, July 1st._ Mr Grenville called on me.[38]

[38] Dr Franklin's Journal closes here. His ill slate of health seems to have been the cause of his discontinuing it. The narrative of the negotiation is kept up, however, in the letters of Dr Franklin, Mr Jay, Mr Adams, and Mr Laurens.

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CORRESPONDENCE CONTINUED.

TO HENRY LAURENS.

Passy, July 2d, 1782.

Sir,

I received the letter you did me the honor of writing to me from Lyons the 24th past.

I wonder a little at Mr ---- not acquainting you whether your name was in the commission or not. I begin to suspect, from various circumstances, that the British Ministry, elated perhaps too much by the success of Admiral Rodney, are not in earnest to treat immediately, but rather with delay. They seem to hope that further successes may enable them to treat more advantageously; or, as some suppose, that certain propositions to be made to Congress by General Carleton, may render a treaty here with us unnecessary. A little bad news, which it is possible they may yet receive from the same quarter, will contribute to set them right; and then we may enter seriously upon the treaty; otherwise I conjecture it may not take place till after another campaign. Mr Jay is arrived here. Mr Grenville and Mr Oswald continue here. Mr Oswald has yet received no commission; and that of Mr Grenville does not very clearly comprehend us according to British ideas; therefore it requires explication. When I know more, you shall have further information.

Not having an immediate answer to what I wrote you, concerning the absolution of Lord Cornwallis's parole, and Major Ross coming over hither from him to press it, I gave him the discharge you desired. Enclosed I send you a copy. I hear it has proved satisfactory to him; I hope it will be so to you.

Believe me to be, with great esteem, &c.

B. FRANKLIN.

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ROBERT B. LIVINGSTON TO B. FRANKLIN.

Philadelphia, July 5th, 1782.

Dear Sir,

I have the honor to transmit to you a letter from the United States in Congress to his Most Christian Majesty, together with a copy for your perusal, I also enclose a resolution of Congress on the subject of Mr Lee's demands, which you will see carried into effect.

Nothing of moment has occurred since I last wrote you. It is very long since we have heard from Europe. We wait for your despatches with some degree of impatience. I hope they will be sufficiently particular to answer our expectations.

I have the honor to be, Sir, ROBERT R. LIVINGSTON.

* * * * *

NOTE FROM M. DE LAFAYETTE TO B. FRANKLIN.

Paris, July 9th, 1782.

I have the honor to inform you, my dear Sir, that Mr Grenville's express is arrived this morning, by way of Ostend. The gentleman is gone to Versailles. I fancy he will wait upon you, and I will be much obliged to you to let me know what your opinion is. I am going to Saint Germain, but if any intelligence comes to hand, I will communicate it as soon as possible.

I rest respectfully and affectionately yours, LAFAYETTE.

* * * * *

TO M. DE LAFAYETTE.

Passy, July 9th, 1782.

Dear Sir,

Mr Grenville has been with me in his return from Versailles. He tells me that Lord Rockingham being dead, Lord Shelburne is appointed First Lord of the Treasury, and that Mr Fox has resigned; so that both the secretaryships are vacant. That his communication to Count de Vergennes was only, that no change was thereby made in the dispositions of that Court for peace, &c. and he expects another courier with fuller instructions in a few days. As soon as I hear more I shall acquaint you with it.

I am ever, with great respect and affection, your most obedient humble servant,

B. FRANKLIN.

* * * * *

TO DAVID HARTLEY.

Passy, July 10th, 1782.

Dear Sir,

I received your favor of the 26th past by Mr Young, and am indebted to you for some preceding. I do not know why the good work of peace goes on so slowly on your side. Some have imagined that your Ministers, since Rodney's success, are desirous of trying fortune a little further before they conclude the war; others, that they have not a good understanding with each other. What I have just heard seems to countenance this opinion. It is said Mr Fox has resigned. We are ready here, on the part of America, to enter into treaty with you in concurrence with our allies, and are disposed to be very reasonable; but if your _plenipotentiary_, notwithstanding that character, is upon every proposition obliged to send a courier and wait an answer, we shall not soon see the happy conclusion. It has been suspected, too, that you wait to hear the effect of some overtures, sent by General Carleton for a separate peace in America. A vessel just arrived from Maryland brings us the unanimous resolutions of their Assembly, for continuing the war at all hazards, rather than violate their faith with France. This is a sample of the success to be expected from such a measure, if it has really been taken, which I hardly believe.

There is methinks a point that has been too little considered in treaties, the means of making them durable. An honest peasant, from the mountains of Provence, brought me the other day a manuscript he had written on the subject, and which he could not procure permission to print. It appeared to me to have much good sense in it; and therefore I got some copies to be struck off for him to distribute where he may think fit. I send you one enclosed. This man aims at no profit from his pamphlet or his project, asks for nothing, expects nothing, and does not even desire to be known. He has acquired, he tells me, a fortune of near one hundred and fifty crowns a year, (about eighteen pounds sterling) with which he is content. This you may imagine would not afford the expense of riding to Paris, so he came on foot; such was his zeal for peace, and the hope of forwarding and securing it, by communicating his ideas to great men here. His rustic and poor appearance has prevented his access to them, or his obtaining their attention; but he does not seem yet to be discouraged. I honor much the character of this _véritable philosophe_.

I thank you much for your letters of May the 1st, 13th, and 25th, with your proposed preliminaries. It is a pleasure to me to find our sentiments so concurring on points of importance; it makes discussions as unnecessary as they might between us be inconvenient.

I am, my dear Sir, with great esteem and affection, yours ever.

B. FRANKLIN.

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TO BENJAMIN VAUGHAN.

Passy, July 10th, 1782.

Sir,

By the original law of nations, war and extirpation were the punishment of injury. Humanizing by degrees, it admitted slavery instead of death. A further step was, the exchange of prisoners instead of slavery. Another, to respect more the property of private persons under conquest, and to be content with acquired dominion. Why should not the law of nations go on improving? Ages have intervened between its several steps, but as knowledge of late increases rapidly, why should not those steps be quickened? Why should it not be agreed to as the future law of nations, that in any war hereafter the following descriptions of men should be undisturbed, have the protection of both sides, and be permitted to follow their employments in surety, viz.

1. Cultivators of the earth, because they labor for the subsistence of mankind.

2. Fishermen, for the same reason.

3. Merchants and traders, in unarmed ships, who accommodate different nations by communicating and exchanging the necessaries and conveniences of life.

4. Artists and mechanics, inhabiting and working in open towns.

It is hardly necessary to add, that the hospitals of enemies should not be molested; they ought to be assisted.

In short, I would have nobody fought with, but those who are paid for fighting. If obliged to take corn from the farmer, friend or enemy, I would pay him for it; the same for the fish or goods of the others.

This once established, that encouragement to war, which arises from a spirit of rapine, would be taken away, and peace therefore more likely to continue and be lasting.

B. FRANKLIN.

* * * * *

TO BENJAMIN VAUGHAN.

Passy, July 11th, 1782.

Dear Sir,

In mine of yesterday, which went by Mr Young, I made no mention of yours of May 11th, it not being before me. I have just found it.

You speak of a "proposed dependent State of America, which you thought Mr Oswald would begin with." As yet I have heard nothing of it. I have all along understood (perhaps I have understood more than was intended) that the point of dependence was given up, and that we are to be treated with as a free people. I am not sure that Mr Oswald has explicitly said so, but I know that Mr Grenville has, and that he was to make that declaration previous to the commencement of the treaty. It is now intimated to me from several quarters, that Lord Shelburne's plan is to retain the sovereignty for the King, giving us otherwise an independent Parliament, and a government similar to that of late intended for Ireland. If this be really his project, our negotiation for peace will not go very far. The thing is impracticable and impossible, being inconsistent with the faith we have pledged, to say nothing of the general disposition of our people. Upon the whole I should believe, that though Lord Shelburne might formerly have entertained such an idea, he had probably dropped it before he sent Mr Oswald here; your words above cited do however throw a little doubt in my mind, and have, with the intimations of others, made me less free in communication with his Lordship, whom I much esteem and honor, than I should otherwise have been. I wish, therefore, you would afford me what you can of eclairoissement.

This letter going by a courier, will probably get to hand long before the one preceding in date, which went by Mr Young, who travels on foot. I therefore enclose the copy of it, which was taken in the press. You may return it to me when the other arrives.

By the return of the courier, you may oblige me, by communicating what is fairly communicable, of the history of Mr Fox's and Lord J. Cavendish's resignation, with any other changes made or likely to be made.

With sincere esteem, I am ever, my dear friend, yours most affectionately,

B. FRANKLIN.

* * * * *

TO RICHARD OSWALD.

Passy, July 12th, 1782.

Sir,

I enclose a letter for Lord Shelburne, to go by your courier, with some others, of which I request his care. They may be put into the penny post. I have received a note informing me, that "some opposition given by his Lordship to Mr Fox's decided _plan of unequivocally acknowledging American independence_, was one cause of that gentleman's resignation;" this, from what you have told me, appears improbable. It is further said, "that Mr Grenville thinks Mr Fox's resignation will be fatal to the present negotiation." This perhaps is as groundless as the former. Mr Grenville's next courier will probably clear up matters. I did understand from him, that such an acknowledgment was intended previous to the commencement of the treaty; until it is made, and the treaty formally begun, propositions and discussions seem in consideration to be untimely; nor can I enter into particulars without Mr Jay, who is now ill with the influenza. My letter, therefore, to his Lordship is merely complimentary on his late appointment. I wish a continuance of your health, in that at present sickly city, being with sincere esteem, Sir, your most obedient and most humble servant,

B. FRANKLIN.

_P. S._ I send you enclosed the late resolutions of the State of Maryland, by which the general disposition of people in America may be guessed, respecting any treaty to be proposed by General Carleton, if intended, which I do not believe.

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TO THE EARL OF SHELBURNE.

Passy, July 12th, 1782.

My Lord,

Mr Oswald informing me, that he is about to despatch a courier, I embrace the opportunity of congratulating your Lordship on your appointment to the treasury. It is an extension of your power to do good, and in that view, if in no other, it must increase your happiness, which I heartily wish.

Being with great and sincere respect, my Lord, your Lordship's most obedient and most humble servant,

B. FRANKLIN.

* * * * *

TO M. DE LAFAYETTE.

Passy, July 24th, 1782.

Dear Sir,

In answer to your questions, Mr Oswald is doing nothing, having neither powers nor instructions; and being tired of doing nothing, has despatched a courier requesting leave to return. He has, I believe, received no letters, since I saw you, from Lord Shelburne. Mr Grenville's return hither is, I think, doubtful, as he was particularly connected in friendship with Mr Fox, but if he stays, I suppose some other will be sent, for I do not yet see sufficient reason to think they would abandon the negotiation, though, from some appearances, I imagine they are more intent upon dividing us, than upon making a general peace. I have heard nothing further from Mr Laurens, nor received any paper from him respecting Lord Cornwallis. And since that General's letter, written after the battle of Camden, and ordering not only the confiscation of rebels' estates, but the hanging of prisoners, has been made public, I should not wonder if the Congress were to disallow our absolution of his parole, and recall him to America.

With everlasting esteem and respect, I am, dear Sir, yours most affectionately,

B. FRANKLIN.

* * * * *

DAVID HARTLEY TO B. FRANKLIN.

_London, July 26th, 1782._

My Dear Friend,

You will have heard before you receive this, that Mr Thomas Townshend is appointed Secretary of State for that department to which the American correspondence belongs. He is, and has been for many years, one of my most intimate friends. A more honorable and honest man does not exist. I have been requested, in connexion with him, to undertake one branch of his office relating to America, as instrumental to some necessary arrangements in the course of a negotiation for peace with America. The point which I have been requested to undertake is the case, or rather the diversity of cases, of the American refugees. I understand, that in the progress of this business, I shall be referred to a correspondence with you, as matter may arise. My purpose, therefore, for the present, is only to advertise you of this, in case you should have any preliminary matter to give or receive elucidation upon. I am very ready to undertake any matter, which may be necessary or instrumental towards peace, especially in connexion with my worthy friend Mr Townshend.

You know all my principles upon American pacification, and _sweet reconciliation_. I shall always remain in the same. But the delegation of a single point to me, such as the case of the refugees, does not entitle me to advise upon the great outlines or principles of such pacific negotiations. I shall retain my full reservation in such points as events may justify. My personal motive for saying this to you is obvious. But, in point of justice to those who have at present the direction of public measures in this country, I must request that this caution of mine may be accepted only as personal to myself, and not as inferential upon the conduct of others, where I am not a party. Having taken a zealous part in the principles and negotiations of peace, I wish to stand clear from any collateral constructions, which might affect myself, and at the same time not to impose any collateral or inferential constructions upon others.

God prosper the work of peace and _good will_ (as the means of peace) among men.

I am ever your affectionate friend, D. HARTLEY.

* * * * *

LORD GRANTHAM TO B. FRANKLIN.

Whitehall, July 26th, 1782.

Sir,

As the first object of my wishes is to contribute to the establishment of an honorable and lasting peace, I address myself to you without ceremony, upon the conviction that you agree with me in this principle. If I was not convinced that it was also the real system of the Ministers of this country, I should not now be co-operating with them. The step they had already taken, in sending Mr Grenville to Paris, is a proof of their intentions, and as that gentleman does not return to his station there, I trust that the immediate appointment of a person to succeed him, will testify my agreement to the principles upon which he was employed. I therefore beg leave to recommend Mr Fitzherbert to your acquaintance, who has the King's commands to repair to Paris.

As I have not the advantage of being known to you, I can claim no pretence for my application to you, but my public situation, and my desire to merit your confidence upon a subject of so much importance, as a pacification between the parties engaged in a calamitous war.

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

GRANTHAM.

* * * * *

LORD SHELBURNE TO B. FRANKLIN.

Shelburne House, July 27th, 1782.

Sir,

I am much obliged by the honor of your letter of the 12th instant. You do me most acceptable justice, in supposing my happiness intimately connected with that of mankind, and I can with truth assure you it will give me great satisfaction, in every situation, to merit the continuance of your good opinion.

I have the honor to be, with very sincere regard and esteem, dear Sir, your most obedient and most humble servant,

SHELBURNE.

* * * * *

TO RICHARD OSWALD.

Passy, July 28th, 1782.

Sir,

I have but this moment had an opportunity, by the departure of my company, of perusing the letters you put into my hands this afternoon, and I return them directly without waiting till our interview tomorrow morning, because I would not give a moment's delay to the delivery of those directed to other persons.