herbert* to your acquaintance, who has the King's commands to repair to Paris. As I have not the advantage of being known to you, I can claim no pretence for my application to you, but my public situation, and my desire to merit your confidence upon a subject of so much importance, as a pacification between the parties engaged in a calamitous war. I have the honor to be, with great regard, Sir, your most obedient humble servant, GRANTHAM. FROM THE EARL OF SHELBURNE TO B. FRANKLIN. Shelburne House, 27 July, 1782. SIR, I am much obliged by the honor of your letter of the 12th instant. You do me the most acceptable justice, in supposing my happiness intimately connected with that of mankind, and I can with truth assure you it will give me great satisfaction, in every situation, to merit the continuance of your good opinion. I have the honor to be, with very sincere regard and esteem, dear Sir, your most obedient and most humble servant, SHELBURNE. FROM COUNT DE VERGENNES TO B. FRANKLIN. Doubts as to the Sincerity of the British Ministry in proposing a Negotiation of Peace. Translation. Versailles, 28 July, 1782. SIR, I have received the letter which you did me the honor to write on the 24th instant, and the two pa * Alleyne Fitzherbert, afterwards created Lord St. Helens. pers sent at the same time. The contradictions, which these contain, are worthy of remark. Not only they destroy each the effect of the other, but they are both in manifest opposition to the ministerial declarations made by Mr. Grenville. It appears, that Lord Shelburne has more in view to produce a division between the King and the United States, than to promote a just and durable peace; but we must believe that he cannot long avoid being convinced, that his plan is essentially a mistaken one, and that there is no time to be lost in changing it, peace is the object for which he is solicitous. if As to the King, Sir, good faith, and the fidelity which he owes to his allies, will be the invariable guide of his conduct; for justice and moderation will ever lie at the foundation of the system of pacific measures adopted by his Majesty. If the English ministers are disposed to act in obedience to these principles, they can easily succeed in restoring peace upon reasonable conditions; but, if they continue constantly changing their views and measures, if they desire intrigue rather than serious negotiation, they run the risk of committing themselves gratuitously, and of voluntarily prolonging the calamities of war. It is to Lord Shelburne, however, who now has the direction of affairs in England, that it properly belongs to make these reflections. We can only hope, that they may not escape his sagacity, and wait until that minister informs us in what manner he intends to pursue the negotiation begun with Mr. Grenville, or to follow up the answer lately given by the English ministry to the courts of Vienna and St. Petersburg. I have the honor to be, with great sincerity, Sir, &c. DE VERGENNES. TO RICHARD OSWALD. Affair of Captain Asgill. — Justification of the SIR, Passy, 28 July, 1782. I have but this moment had an opportunity, by the departure of my company, of perusing the letters you put into my hands this afternoon; and I return them directly, without waiting till our interview to-morrow morning, because I would not give a moment's delay to the delivery of those directed to other persons. The situation of Captain Asgill and his family afflicts me, but I do not see what can be done by any one here to relieve them. It cannot be supposed, that General Washington has the least desire of taking the life of that gentleman. His aim is to obtain the punishment of a deliberate murder, committed on a prisoner in cold blood, by Captain Lippencot. If the English refuse to deliver up or punish this murderer, it is saying, that they choose to preserve him rather than Captain Asgill. It seems to me, therefore, that the application should be made to the English ministers for positive orders, directing General Carleton to deliver up Lippencot; which orders, being obtained, should be despatched immediately by a swift-sailing vessel. I do not think any other means can produce the effect desired. The cruel murders of this kind, committed by the English on our people, since the commencement of the war, are innumerable. The Congress and their generals, to satisfy the people, have often threatened retaliation, but have always hitherto forborne to execute it; and they have been often insultingly told by their enemies, that this forbearance did not proceed from humanity, but fear. General Greene, though he solemnly and publicly promised it in a proclamation, never made any retaliation for the murder of Colonel Haynes, and many others in Carolina; and the people, who now think, if he had fulfilled his promise, this crime would not have been committed, clamor so loudly, that I doubt General Washington cannot well refuse what appears to them so just and necessary for their common security. I am persuaded that nothing I could say to him on the occasion would have the least effect in changing his determination.* Excuse me, then, if I presume to advise the despatching a courier immediately to London, proposing to the consideration of ministers the sending such orders to General Carleton directly. They would have an excellent effect in other views. The post goes tomorrow morning at ten o'clock; but, as nine days have been spent in bringing the letters here by that conveyance, an express is preferable. With sincere esteem, I have the honor to be, &c. B. FRANKLIN. SIR, TO COUNT DE VERGENNES. Mr. Oswald's Commission to treat. Passy, 8 August, 1782. Yesterday Mr. Oswald communicated to Mr. Jay and me a paper he had just received from his court, being a copy of the King's order to the attorney or solicitor general, to prepare a commission to pass the great seal, appointing him to treat with us; and he showed us a letter from Mr. Secretary Townshend, For the particulars relating to the case of Captain Asgill, see Washington's Writings, Vol. I. p. 378; Vol VIII. pp. 265, 301, 336, 361. which expresses his concern, that the commission itself could not be sent by this courier, the officers who were to expedite it being in the country, which would occasion a delay of eight or ten days; but that its being then sent might be depended on, and it was hoped the treaty might, in the mean time, be proceeded on. Mr. Oswald left with me a copy of the paper, which I enclose for your Excellency's consideration, and am, with great respect, Sir, your Excellency's, &c. B. FRANKLIN.* *From Richard Oswald to Thomas Townshend. "This afternoon I went to Passy, and carried a copy of the commission to Dr. Franklin. After perusal, he said he was glad it was come; that he had been at Versailles yesterday, and Count de Vergennes had asked about it; and, upon the Doctor's telling him it was not come, he said he could do nothing with Mr. Fitzherbert till it arrived; as both treaties must go on together hand in hand. "I showed him Mr. Townshend's letter accounting for a copy only being sent, as the chancellor and attorney-general were at a distance in the country. The Doctor seemed to be satisfied, and said, as on a former occasion, he hoped we should agree and not be long about it. There were no particulars touched upon; and, after sitting about a quarter of an hour, I proposed calling on Mr. Jay, the only other commissioner at Paris. The Doctor said it was right, and returned me the copy of the commission to be left with Mr. Jay, which he would bring back to the Doctor, as he was to dine at Passy. "I accordingly returned to Paris, and called on Mr. Jay. He is a man of good sense, of frank, easy, and polite manners; he read over the copy of the commission, and Mr. Townshend's letter accounting for its not being under seal, and then said, by the quotation from the act of Parliament on the commission, he supposed it was meant, that independence was to be treated upon, and was to be granted perhaps as the price of peace; that it ought to be no part of a treaty; it ought to have been expressly granted by act of Parliament, and an order for all troops to be withdrawn previous to any proposal for treaty. As that was not done, the King, he said, ought to do it now by proclamation, and order all garrisons to be evacuated, and then close the American war by a treaty. He said many things of a retrospective kind; such as the happy effects a declaration of that nature at earlier periods would have produced, if Great Britain had nobly and handsomely made this grant before such deep wounds had been given to that bias and attachment, which till then subsisted all over that country in favor of |