TO COUNT DE VERGENNES. Capture of Flemish Ships by American Privateers. English Ships furnished with Imperial Papers. SIR, Passy, 18 July, 1782. I received the letter your Excellency did me the honor of writing to me this day, enclosing a memorial, which relates to the interests of some subjects of the Emperor, residing at Ostend, who allege, that a ship of theirs has been taken by an American privateer, and carried into Boston, on pretence that the property was English, &c. I shall immediately transmit the memorial to Congress, as desired. But, there being courts of admiralty established in each of the United States, I conceive, that the regular steps to be taken by the complainants would be an application for justice to those courts by some person on the spot, duly authorized by them as their agent; and, in case the judgment of the court is not satisfactory, that then spirit of the negotiation as hitherto carried on. I have the firmest reliance on Mr. Grenville's honor, that he will take care that the King's service shall not suffer in any respect by his departure. And I must strictly enjoin you not to mention to any person whatever this communication, till Mr. Grenville himself communicates his intentions and instructions, and in his own manner." — Whitehall, July 13th. MS. Letter. From Thomas Townshend to Richard Oswald.—"Of those with whom you are to treat I have no knowledge of any except Dr. Franklin. My knowledge of him is of long standing, though of no great degree of intimacy. I am not vain enough to suppose, that any public conduct or principles of mine should have attracted much of his notice. But I believe he knows enough of them to be persuaded, that no one has been more averse to the carrying on this unhappy contest, or a more sincere friend to peace and reconciliation, than myself. If he does me the justice to believe these sentiments to be sincere, he will be convinced, that I shall show myself in the transaction of this business an unequivocal and zealous friend to pacification upon the fairest and most liberal terms."— Whitehall, July 26th. MS. Letter. they appeal to the Congress, which cannot well take cognizance of such matters in the first instance. The merchants of Ostend may possibly not have as yet correspondents established in all the States; but any merchant of credit in the country would transact such business on receiving their request, with the proper power of attorney; or, if his Imperial Majesty should think fit to appoint a consul-general to reside in those States, such an officer might at all times assist his compatriots with his counsels and protection, in any affairs that they might have in that country. I am the more particular in mentioning this to your Excellency, because I apprehend these cases may hereafter be frequent; and, if the complaints are to be addressed to you and me, we are likely to have a great deal of trouble, as I am informed, that it has become a daily practice for outward bound English ships to put into Ostend, and make a formal pretended sale of ship and cargo to a merchant of the place, who furnishes Imperial papers for the voyage under his own name, and receives a certain sum per cent for the operation. This is said to be a branch of great profit to the Flemish merchants, and that a very great number of English ships are now at sea with such papers; and I suspect, even from their own manner of stating the transaction, that the ship and cargo reclaimed by the complainants are of that kind. This seems to me an abuse of the neutrality; as these fictitious profits are added to the advantage of real carriage for the belligerent nations, they make it too much the interest of neutral neighbours to foment wars and obstruct peace, that such profits may continue. And, if it is to be understood as a settled point, that such papers are to protect English property, the fitters-out of privateers from France, Spain, Holland, and America, will in another year be all ruined, for they will find none but Flemish ships upon the ocean. With the greatest respect, &c. B. FRANKLIN. TO THE MARQUIS DE LAFAYETTE. Passy, 24 July, 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 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. FROM DAVID HARTLEY TO B. FRANKLIN. Mr. Townshend appointed Secretary of State for Foreign Affairs. MY DEAR FRIEND, London, 26 July, 1782. 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. 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, 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 coöperating 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. Fitz |