doctor said I did not perceive, he made any account of this distinction; and I did not think it proper to say anything more about it. . . . I remember the doctor in a former proposal in April hinted that a cession of the back lands of Canada, would raise a sum, which would make some reparation to the sufferers on both sides. Now, he says, one of the necessary articles is a cession of these back lands, without any stipulation for the loyal sufferers. And as an advisable article, a gift of 5 or 6 hundred thousand pounds, to indemnify the sufferers on their side. I should hope he would be persuaded to alter that part of the plan. I have the honour to be, My Lord Your Lops. most obedient Humble servant, RICHARD OSWALD. 50 No. 46.-1782, July 11: Extract from letter, Mr. Oswald to With respect to the Commissioners of the Colonies, our conduct towards them, I think, ought to be of a style somewhat different. They have shown a desire to treat, and to end with us on a separate footing from the other Powers, and I must say in a more liberal way, or at least with a greater appearance of feeling for the future interests and connections of Great Britain, than I expected. I speak so from the text of the last conversation I had with Mr. Franklin, as mentioned in my letter of yesterday. And therefore we ought to deal with them tenderly, and as supposed conciliated friends, or at least well disposed to a conciliation. And not as if we had anything to give them, that we can keep from them, or that they are very anxious to have. Even Dr. Franklin himself, as the subject happened to lead that way, as good as told me yesterday, that they were their own masters, and seemed to make no account of the grant of independence as a favour. I was so much satisfied before hand of their ideas on that head that I will own to your Lordship, I did not read to the doctor that part of your letter, wherein you mention that grant as if it in some shape challenged a return on their part. When the doctor pointed at the object of the Enabling Bill, as singly resting on a dispensation of Acts of Parliament they cared not for, I thought it enough for me to say, they had been binding and acknowledged. To which no answer was made. When the doctor mentioned the report, as if there was an expectation of retaining the sovereignty, I ventured a little farther, (though with a guarded caution) to touch him on the only tender side of their supposed present emancipation and said, that such report was possibly owing to the imaginations of people upon hearing of the rejoicings in America on the cessation of war-change of the Ministry &c.-which they might conclude would have some effect in dividing the provinces, and giving a different turn to affairs; as no doubt there was a great proportion of the people, notwithstanding all that had happened, who, from considerations of original affinities, correspondence and other circumstances, were still strongly attached to England, &c. To this also, there was no answer made.... P. S. This, the gentleman told me, led the doctor to express himself very strongly as to his desire of quick dispatch, as he wanted much to go home and have the chance of a few years repose, having but a short time to live in the world, and had also much private business to do. I should therefore hope it may be possible soon to bring their business near to a final close, and that they will not be any way stiff as to those articles he calls adviseable, or will drop them altogether. Those he calls necessary will hardly be any obstacle. ... No. 47.—1782, July 12: Letter, Dr. Franklin to Mr. Oswald. PASSY July 12. 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 independency, 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 acknowledgement was intended previous to the commencement of the treaty; and until it is made, and the treaty formally begun, propositions and discussions seem on 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, Šir, your most obedient and most humble servant B. FRANKLIN. No. 48.-1782, July 12: Extract from letter, Mr. Oswald to Lord Shelburne. PARIS 12 July 1782 MY LORD The courier has been in waiting some time for Dr. Franklin's letters. They are just come to hand, with one to myself, which I think proper to send to your Lordship, with the Maryland paper that was inclosed in it. 51 I am glad to see by the doctor's letter, as if he wishes a settlement with them may not be stopped. I think that may be presumed from his sending me this letter, and the explanations therein mentioned. On the other hand, I cannot but be concerned at this report, which has been conveyed to him, of a reserve intended in the grant of Independence, being the first time I ever heard of it. At least Mr. Grenville did not tell me that his signification on that head was accompanied with any such reservation. And upon the faith of that, I have in my letters to your Lordship, and in conversation with Dr. Franklin, always supposed that the grant was meant to be absolute and unconditional, which last, however, is a term I never used, thinking such qualification unnecessary. Its being given out that a difference subsisted, and resignations happened on this account, must naturally occasion this hesitation in the Commissioners of the Colonies; and so I see by the doctor's letter to me, he puts a sort of stoppage upon the preliminaries of settlement with them, which had been pretty well sketched out, and defined in his conversation with me on the 10th instant, and until there is a further explanation under your Lordship's authority, on the said head of independence, I am in a manner forbid, in the doctor's letter, to go back upon the plan of that conference, and to claim any right to the propositions thereof, which, if complete independence was meant to be granted, is a little unlucky; and there is reason to regret that any body should have been so wicked as to throw this stumbling block in the way: by which not only peace with the Colonies is obstructed, but the general treaty is suspended, which I cannot help still thinking hangs upon a settlement, with the Colonies. And so by this unlucky interjection, the peace of the country at home is disturbed, and the blame thrown upon the new administration, and upon your Lordship by name. . . . I have the honour to be My Lord Your Lops most obedient humble servant, RICHARD OSWALD. No. 49.-1782, July 24: Letter, Dr. Franklin to the Marquis de La Fayette. PASSY, July 24, 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 nogociation, though, from 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 rebel's 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 call him to America. With everlasting esteem and respect, I am, dear sir, yours most affectionately, B. FRANKLIN. No. 50.-1782, July 24: Letter, Dr. Franklin to the Comte de Vergennes. PASSY, July 24, 1782. SIR:Enclosed I have the honor of sending to your excellency extracts from two despatches of the British ministry (one of them to the commissioners for restoring peace in America) which are communicated to me by order of Lord Shelburne, expressly for the purpose of restoring confidence between him and me. Your excellency will judge how proper they are for such a purpose, when the first is evidently calculated to create division, not only between France and us, but among ourselves; and the second is contradictory respecting a principal point in the independence. B. FRANKLIN. I am, &c. No. 51.-1782, July 25: George III's Warrant for Mr. Oswald's First Commission for negociating Peace. George R: Our will and pleasure is, and we hereby authorize and command you forthwith to prepare a bill for our signature, to pass our great seal of Great Britain, in the words or to the effect following, viz.: 52 George the Third, by the grace of God king of Great Britain, France, and Ireland, defender of the faith, and so forth. To our trusty and well-beloved Richard Oswald, of our city of London, esquire, greeting. Whereas, by virtue of an act passed in the last session of parliament, entitled, "An act to enable his majesty to conclude a peace or truce with certain colonies in North America therein mentioned," it is recited "that it is essential to the interest, welfare and prosperity of Great Britain and the colonies or plantations of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the lower counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, in North America, that peace, intercourse, trade, and commerce should be restored between them." Therefore, and for a full manifestation of our most earnest wish and desire, and that of our Parliament, to put an end to the calamities of war, it is enacted that it should and might be lawful for us to treat, consult of, agree, and conclude, with any commissioner or commissioners named or to be named by the said colonies or plantations, or with any body or bodies, corporate or politic, or any assembly or assemblies, or description of men, or any person or persons whatsoever, a peace or truce with the said colonies or plantations, or any of them, or any part or parts thereof, any law, act or acts of Parliament, matter or thing, to the contrary in any wise notwithstanding. Now know ye that we, reposing special trust in your wisdom, loyalty, diligence, and circumspection in the management of the affairs to be hereby committed to your charge, have nominated and appointed, constituted and assigned, and by these presents do nominate and appoint, constitute and assign, you, the said Richard Oswald, to be our commissioner in that behalf, to use and exercise all and every the powers and authorities hereby entrusted and committed to you, the said Richard Oswald, and to do, perform, and execute all other matters and things hereby enjoined and committed to your care, during our will and pleasure, and no longer, according to the tenor of these our letters patent. And it is our royal will and pleasure, and we hereby authorise, empower, and require you, the said Richard Oswald, to treat, consult, and conclude, with any commissioner or commissioners, named or to be named by the said colonies or plantations, and any body or bodies, corporate or politic, assembly or assemblies, or descriptions of men, or person or persons whatsoever, a peace or truce with the said colonies or plantations, or any of them, or any part or parts thereof; any law, act, or acts of Parliament, matter or thing, to the contrary notwithstanding. a And it is our further will and pleasure that every regulation, provision, matter or thing, which shall have been agreed upon between you, the said Richard Oswald, and such commissioner or commissioners, body or bodies, corporate or politic, assembly or assemblies, descriptions of men, person or persons as aforesaid, with whom you shall have judged meet and sufficient to enter into such agreement, shall be fully and distinctly set forth in writing, and authenticated by your hand and seal on one side, and by such seal or other signatures on the other as the occasion may require, and as may be suitable to the character and authority of the commissioner or commissioners, &c., as aforesaid so agreeing, and such instruments so authenticated shall be by you transmitted to us through one of our principal secretaries of State. And it is our further will and pleasure that you, the said Richard Oswald, shall promise and engage for us, and in our royal name and word, that every regulation, provision, matter or thing, which may be agreed to and concluded by you, our said commissioner, shall be ratified and confirmed by us in the fullest manner and extent, and that we will not suffer them to be violated or counteracted, either in whole or in part, by any person whatsoever. And we hereby require and command all our officers, civil and military, and all others our loving subjects whatever, to be aiding and assisting unto you, the said Richard Oswald, in the execution of this our commission, and of the powers and authorities herein contained; provided always, and we hereby declare and ordain that the several offices, powers, and authorities hereby granted shall cease, determine, and become utterly null and void on the first day of July, which shall be in the year of our Lord one thousand seven hundred and eighty-three, although we shall not otherwise in the meantime have revoked and determined the same, in witness, &c. And for so doing this shall be your warrant. Given at our Court of St. James the twenty-fifth day of July, one thousand seven hundred and eighty-two, in the twenty-second year of our reign.' THOMAS TOWNSHEND. α By his majesty's command. To our ATTORNEY OR SOLICITOR-GENERAL. a The parts of this commission which were objected to by the American commissioners are printed in italics. This commission was signed by the King on the 7th of August. 92909-S. Doc. 870, 61-3, vol 7————11 |