opportunity in which I could be principally instrumental in turning them out, I seized the occasion, and effectuated the purpose.

Upon the change of ministers, I, by letter to general Conway, made an offer of my services to open the same negotiation, which I had proposed to the late ministers, but from that hour to this day have never heard from him: and soon after found, that lord Shelburne had employed Mr. Oswald, who was Mr. Laurens's surety, and that his lordship had seen Mr. Laurens.

“Richmond, July 2, 1782.”

Governor Pownall to Dr. Franklin. "RICHMOND HILL, July 5, 1782. "DEAR SIR,-I have, by my friend Mr. Hobart, sent a printed copy of the three me morials which I published on the subject of America, one addressed to the sovereigus of Europe, and two others addressed to the sovereign of Great Britain.

"I hope you received my letter of May 13, 1782, forwarded by Mr. Bridgen.

He

"General Conway had communicated to me a measure, which he was to take, of moving an address in the house of commons, to pray his majesty to relinquish the farther prosecution for peace. I stated to him the following difficulty, which might be thrown on the ground of his motion, so as to obstruct his proceeding in it. The ministers might, in general terms, and equivocal assertions say, that they were trying the ground of treaty, and that propositions towards negotiation were afloat, &c. &c., and then, if on this ground they called upon him, not at such a juncture, to bring forward measures which might obstruct their endeavours, and destroy all hopes and views of peace, he would be puzzled what to answer and how to proceed.But, that if he could have it in his power to say, That so far from opening the ground of negotiation, or being disposed to take a way "As it is possible you may see Mr. Hobart, to such; which offers had opened to them; he can inform you from me, as well as of his that they had offers made by persons commu- own knowledge, of the steps we took upon the nicating with other persons actually author- ground of your communications to him and me. ized and willing to treat of peace, and had That there were persons authorized to treat rejected those offers; I thought the minis- of peace, and that such persons were willing ters would not know how to oppose his mo- to give to reasonable measures taken to that tion. He said, that indeed would be strong end, every assistance in their power.' ground, from whence, if the ministry were at- can inform you also on the circumstances tacked, he did not see how they could main- which attended those steps; and of the effect tain their ground. I then proceeded in my which they missed in the direct line, as of communications to him, without naming my the effect they actually have in an oblique correspondent, nay absolutely refusing to one. As from the beginning of this matname, when earnestly pressed, and told him ter, of trying to bring on negotiation for that I was the person to whom communica- peace, I considered him as joined with me, in tions had come, that there were in Europe our endeavours; so I have given to him a persons authorized to treat of peace, and who memorandum which I made on the course of had declared, that any reasonable measures this business. He will communicate to you to that end, should have every assistance in every thing which is not improper for a man their power.' That I had communicated of honour to communicate to the minister of a this to the ministry, that after delaying all people at war with us: nor will he abstain answer, from December 6, to the end of Ja- from communicating any thing which that nuary, to offers, which I had made them on minister, wishing peace to our country, ought that ground, they had finally and absolutely to be apprized of, respecting the effects of his rejected the persons and the offers. He said friendly offers. He will do every thing which if this could be proved, it must turn them out. a man of honour ought to do, and he will do I then authorized him to make those asser-nothing that a man of honour ought not to do. tions, which he made in the house, which, "I have desired him to give a paper of that we might not misunderstand one another, I desired might be written down: and farther authorized him, if the ministry, by denying the assertions, should render it necessary, to name me, as ready to come and declare the same at the bar of the house of commons; and that in the mean while, he need not make any secret of me on this matter. The ministers could not, and did not venture to deny it, and were forced to quit their ground and their places.+

*

Which where not those which the newspapers pub. lished.

queries, respecting modes and terms of settling in America, which people of this old world, and of the old country, may in future be admitted to receive. I am, not only for my friends, but personally interested, to gain information on that head: and as I wish that which will not deceive them or myself, I apply to you.

"May God send peace on earth. I hope among the general blessings it will bring, it will restore me to the communication and en

tion, and declared themselves the supporters of those who promised to end the war, and give peace to the

+ The country gentlemen, tired of the war, and grown impatient for peace, left the old ministry on this ques-country.

joyment of my old and long valued friendship | be wrong shall be set right, all that is crooked made straight. In this faith let you and I, my dear friend, comfort ourselves; it is the only comfort in the present dark scene of things that is allowed us.

with you. May you live to see, and have health to enjoy, the blessings which I hope it may please God to make you instruments of communicating to mankind.

“T. POWNALL."

"Mr. Hutton.*

"PASSY, July 7, 1782. "MY OLD AND DEAR FRIEND,-A letter written by you to M. Bertin, ministre d' etat, containing an account of the abominable murders committed by some of the frontier people on the poor Moravian Indians, has given me infinite pain and vexation. The dispensations of Providence in this world puzzle my weak reason; I cannot comprehend why cruel men should have been permitted thus to destroy their fellow-creatures. Some of the Indians may be supposed to have committed sins, but one cannot think the little children

"I shall not fail to write to the government of America, urging that effectual care may be taken to protect and save the remainder of those unhappy people.

"Since writing the above, I have received a Philiadelphia paper, containing some account of the same horrid transaction, a little different, and some circumstances alleged as excuses or palliations, but extremely weak and insufficient. I send it to you enclosed.

66

With great and sincere esteem, I am ever, my dear friend, yours most affectionately. B. FRANKLIN."

Memorandum by David Hartley.

"July 8, 1782. "To a person, who no longer thinks of had committed any worthy of death. Why there be in making its independence a fixed American dependence, what disadvantage car has a single man in England, who happens article (whether the treaty succeeds or no) to love blood, and to hate Americans, been instead of making it a first article of the treapermitted to gratify that bad temper, by hiring German murderers, and joining them ty, and so to depend on the success of that with his own, to destroy, in a continued course looks on it as an evil, and as an evil which which may miscarry. To a person indeed who of bloody years, near 100,000 human crea- there are yet some hopes to avoid, it is a ratures, many of them possessed of useful ta- tional proceeding to provide for all possibililents, virtues, and abilities, to which he has ties of realizing those hopes; and the case of no pretension! It is he who has furnished the the treaty not succeeding is that reserved possavages with hatchets and scalping knives, and engages them to fall upon our defence-sibility. Were I treating with an enemy inless farmers, and murder them with their wives and children, paying for their scalps, of which the account kept in America, already amounts, as I have heard, to near two thousand! Perhaps the people of the frontiers, exasperated by the cruelties of the Indians, have been induced to kill all Indians that fall into their hands without distinction: so that even these horrid murderers of our poor Moravians may be laid to his charge. And yet this man lives, enjoys all the good things this world can afford, and is surrounded by flatterers, who keep even his conscience quiet, by telling him he is the best of princes! I wonder at this, but I cannot therefore part with the comfortable belief of a divine providence; and the more I see the impossibility, from the number and extent of his crimes, of giving equivalent punishment to a wicked man in this life, the more I am convinced of a future state, in which all that appears to

James Hutton, son of Doctor Hutton, (who in the early part of his life had been a bookseller) was for many years secretary to the Society of Moravians. He died April 25, 1795, in his 80th year, at Oxstead Cottage, Surrey; and was buried in the Moravian cemetry at Chelsea. He was a well known character, and very geHe was a faithful brother of the nerally esteemed. Moravian fraternity fifty-five years; the latter part of his life was spent literary in going about doing good, and his charities were confined to no sect. VOL. I....3 K

wish to keep or to get something for), nothing deed for a barrier town (which I certainly I own would be so absurd as to give it up at starting, as a fixed article before the treaty, instead of making it the first article of a treaty, and dependent on the success of the rest. But I had rather have American independence bolder way of giving it up, will secure a (for one reason amongst others), because the greater certainty of peace. I would then be for giving it up in that bolder way; nay had I should still think the smallest probability adsome reluctance to American independence, I ded of peace, would overbalance the whole value of a mere reserved possibility of dependence, which could only, after all, arise from the failure of the treaty."

Lafayette to Dr. Franklin.

"PARIS, July 9, 1782. "I HAVE the honour 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 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, will communicate it as soon as LAFAYETTE.” possible.

"PASSY, July 9, 1782.

The answer. "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 M. 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 instruc-ter of this veritable philosophe. tions 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. "Marquis de Lafayette."

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 secur ing it, by communicating his ideas to great men here. His rustic and poor appearance, has prevented his access to them; or obtaining their attention; but he does not seem yet to be discouraged. I honour much the charac

"David Hartley.

"PASSY, July 10, 1782. "DEAR SIR,-I received your favour 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 farther 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

"I thank you much for your letters of May 1, 13, and 25, with your proposed prelimina ries. 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, B. FRANKLIN.”

yours ever,

"Benjamin Vaughan.

"PASSY, July 10, 1782.

"By the original law of nations, war and extirpation was the punishment of injury. Humanizing by degrees, it admitted slavery, instead of death. A farther 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 fol low their employments in surety; viz.

"1. Cultivators of the earth, because they labour 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 ho pitals of enemies should be unmolested; 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 encourage ment to war which arises from a spirit of r pine, would be taken away, and peace there fore more likely to continue and be lasting.

"B. FRANKLIN."

2

To the same.

"PASSY, July 11, 1782.

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 serB. FRANKLIN."

unequivocally acknowledging American independence, was one cause of that gentle"DEAR SIR,-In mine of yesterday, which man's resignation;' this from what you have went by Mr. Young, I made no mention of told me, appears improbable. It is farther yours of May 11, it not being before me. I said, that Mr. Grenville thinks Mr Fox's have just found it. resignation will be fatal to the present nego"You speak of a 'proposed dependent tiation.' This perhaps is as groundless as state of America, which you thought Mr. Os- the former. Mr. Grenville's next courier will wald would begin with.' As yet I have probably clear up matters. I did understand heard nothing of it. I have all along under-from him, that such an acknowledgment stood (perhaps I have understood more than was intended previous to the commencement was intended) that the point of dependence of the treaty; until it is made, and the treaty was given up, and that we are to be treated with as 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 honour, than I should otherwise have been. I wish therefore you would afford me what you can of

eclaircissement.

"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."

"Richard 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

vant,

"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."

"Earl Shelburne.

"PASSY, July 12, 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. "B. FRANKLİN."

have equipped in the said port, and loaded on | be disapproved by congress, and the ship and account of the capitulants of Dominica, and cargo restored with damages and interest. consigned to them agreeable to manifest, divers harmless merchandizes (that is to say, not contraband in war, and the traffic of which is at this very time allowed to neutral persons) on board their vessel the brig Den Ersten, destined for the island and plantations of Dominica, open and free agreeable to the capitulation to all neutral nations.

"All the despatches were regular, and imperial passport, bills of lading and manifest of the cargo, captain and major part of the crew were imperialists, and the remainder neutral subjects. In short, all the papers on board tended to prove the property belonging to the colonists, and to neutral representatives, and were verified before the respective magistrates and consuls.

It is certain, and the papers on board, which Darby is obliged to show, will prove that this vessel is not English property, but it actually belongs to the Sieurs Liebaert, Baes, Derdeyn and Co. agreeable to the contract of the property, and his imperial and royal majesty's sea letters, that she actually sailed under the protection of this august monarch; that her cargo composed of innocent merchandize, that is to say, not contraband in war, the commerce of which is permitted to neutral powers, even with the belligerent parties, was for account and risk of the said capitulants of Dominica, and the Sieurs Liebaert, Baes, Derdeyn and Co., these facts being proved, it will follow that the Hope privateer had no right to stop the brig, and that by so doing, "This vessel having sailed on the route of she contravened the laws adopted by all the her destination, was met by a frigate carry-powers who have subscribed the covenant of ing an English flag, who ordered her to sa- the armed neutrality, laws which the congress lute, and examined her papers. The com- of the United States of America have enjoinmander of the frigate, on seeing the nature of ed their cruizers to observe. these papers, proposed to the captain of the vessel to sign an acknowledgment proving that his cargo had been taken on board in London, and his papers and provisions at Ostend. "Peter Thompson, (the name of the cap-to do it. All the crew of the brig who are detain of the brig) believing himself in the hands of an English privateer, consented to sign this declaration (without knowing however what he signed,) which in this case would not possibly be prejudicial to him, but the captain of the privateer, with an intention of abusing the ignorance and innocence of the said Thompson, had written this declaration in a language which he could neither read nor comprehend, and in quite other terms than what had been read to him, and which implied that he had The stopping of the brig under English been loaded in London, and that his merchan-colours, was on the part of Darby, an infringedize belonged to the English, and that he only ment of the regulations which require that came to Ostend to exchange papers, and avoid every captain, who in the time of war would falling into the hands of the English rebels; visit a ship, should summon her only under his which is totally contrary to his bill of lading, proper flag, whoever does otherwise acts as a and was not at all in his power to do, as the pirate; and should the vessel prove a neutral cargo was not under his direction nor ever had one, he exposes himself to the payment of been. damages and interest, which he is liable for himself, together with his owner, without subjecting the crew.

"The means which Darby used to legitimate his pretended prize, is a direct act of piracy, which congress cannot punish with too great severity, and it will be easy for them

tained at Boston, will depose to the facts alleged by the Sieurs Liebaert, Baes, Derdeyn and Co. as follows. 1st. That when Darby stopt them, and visited and interrogated them, his vessel was under English colours. 2d That the captain of the privateer availed himself of his superiority over Thompson, and the condition he was in, to oblige him to subscribe the paper in question; the force and tenor of which he was certainly ignorant of.

"Possessed of this writing, the captain of the frigate hoisted the American flag, and proved himself to be the Hope privateer from "This point of the rights of nations, is posiBoston, and accordingly informed captain tively determined and received by all the Thompson that he arrested him, and after States of Europe; who either by their arms taking out eleven men from the brig, he sub- or by their neutrality favour the independence stituted several others of his own people, who, of America; and on this position, it is not pos after having torn to pieces, pillaged, and car-sible to presume that congress permits as subried off, all the papers from on board, &c. car-jects, to derogate this principle. ried her into Philadelphia, and afterwards to Boston, where the crew are detained and treated with inhumanity.

66

This prize is irregular, unjust, and contrary to the rights of nations, and Sieurs Liebaert, Baes, Derdeyn and Co. have reason that the conduct of the said captain Darby will

66

The falsity and consequently the inutility of the declaration forced or extorted from captain Thomson, is now clearly proved, independent of the proofs which can be furnished by the crew and the ship's papers. These papers demonstrate the property to belong to the aforesaid capitulants, and Sieurs Liebaert,