The Diplomatic Correspondence of the American Revolution
Chapter 101 : Mr Oswald has an air of great simplicity and honesty, yet I could hardly take this to

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 Lords.h.i.+p'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 pa.s.sed 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 friends.h.i.+p 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 pa.s.sing, 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 pa.s.sed, 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 circ.u.mstances 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 a.s.sure 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. .h.i.ther 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 pa.s.sed 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 a.s.sure me, that his Lords.h.i.+p would forever remember it with grat.i.tude, &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.

_Sat.u.r.day, 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 a.s.sured 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 _circ.u.mstances_ may require; therefore, the granting America all she asks of England is breaking the bond, by which the _circ.u.mstances_ 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 a.s.sent 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 grat.i.tude 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 Const.i.tutions, 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 pa.s.sage. "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 a.s.sist 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 a.s.sured 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.