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 neighbours 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 10. The Marquis de la Fayette did not come till between 11 and 12. 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 stayed 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, it was no joke, that they were very sincere in their proposal of treating, and that 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 paroles had been given, he had more right to discharge them than I had, and that if he judged it a thing proper to be done, I wished him to do it, He went to 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.

SIR

Passy, June 11, 1782. I did intend to have waited on you this morning to enquire 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 to-morrow. 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 endeavoured 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 in me 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, I have the honor to be, Sir, your most obedient servant,

B. FRANKLIN I have received no answer from Mr. Laurens. .

The following is the paper mentioned in the above letter.

“ The Congress having, by a resolution of the 14th of June last, impowered me to offer an exchange of General Burgoyne for the honorable Mr. Laurens, then a prisoner in the Tower of London, and whose liberty they much desired 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 ex

207 changed in virtue of another agreement; and Mr. Laurens having thereupon 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 confirma tion 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 mentioned 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 and 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.

Minister Plenipotentiary from the United States of America, at 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 C.'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. He would not accept the paper, unless the reservation was omitted. I did not chuse to make the alteration; and so he left it, not well pleased with me.

This day, Tuesday, June 11, I was at Versailles and had

will not be very inconvenient to Major Ross; and if I do not hear to-morrow 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, R. Oswald, Esq. B. FRANKLIN.

Friday, June 7. 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 his Lordship would for ever 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. L. I would speak to the Marquis de la Fayette, get his approbation, and finish it without farther waiting.

Saturday, June 8. I received some newspapers from England, in one of which is the following paragraph.

Extract from the London Evening Post of May 30, 1782.

"If reports 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 6, 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 sepa rately 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

203 require; therefore the granting America all that 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 ensure the freedom and independence of America. Surely, then, when freedom and independence are allowed by Britain, America may or may not, as she chuses, 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 eighth article of the treaty neither France or 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 article, that America may enter into a separate treaty with England, when she is convinced that England has en sured to her, all that she can reasonably ask."

1

: 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, &c. Whereas my whole discourse in the strongest terms declared our deter minations 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 ne gociator 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