SIR, TO RICHARD OSWALD. Mr. Fox's Resignation. Passy, 12 July, 1782. 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 gratitude, which the Doctor owned in so many words. But at the same time he said the debt would be punctually and easily discharged; France having given to 1788 to pay it. The Doctor also particularly took notice of the discharge of the interest to the term of the peace, which he said was kind and generous. It is possible I may make a wrong estimate of the situation of the American business, and of the chance of a total or partial recovery being desperate. In that case my opinion will have no weight, and so will do no hurt; yet in my present sentiments I cannot help offering it, as thinking that circumstances are in that situation that I heartily wish we were done with these people, and as quickly as possible, since we have much to fear from them, in case of their taking the pet, and throwing themselves into more close connexions with this court, and our other enemies. "Since writing the above, I am told by a friend who had some conversation with Dr. Franklin this morning, that he (the Doctor) had received a letter from some person in England, who is no friend to the late changes, giving among other things an account as if the new administration were not so well disposed to end so quickly and agreeably with the colonies, as those who have left it. This, the gentleman told me, led the Doctor to express himself very strongly as to his desire of quick despatch, 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 called advisable; or will drop them altogether. Those he called necessary will hardly be any obstacle. I shall be able to make a better guess when I have another meeting with him jointly with Mr. Jay, which I hope to have by the time this courier returns." — Paris, July 11th. MS. Letter. EE* unequivocally acknowledging American independence, 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 acknowledgment was intended previous to the commencement of the treaty; until it is made, and the treaty 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 servant, B. FRANKLIN. P. S. I send you enclosed the late résolutions 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. TO THE EARL OF SHELBURNE. MY LORD, Passy, 12 July, 1782. 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. Being with great and sincere respect, my Lord, your Lordship's, &c. B. FRANKLIN.* * Mr. Oswald wrote on the same day to the Earl of Shelburne as follows. "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 enclosed in it. I am glad to see by the Doctor's letter, as if he wishes a settlement with them may not be stopped, and 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 stretched out, and defined in his conversations 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 anybody should have been so wicked as to throw this stumblingblock 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." Paris, July 12th. MS. Letter. From the Earl of Shelburne to Richard Oswald. "The King has given Mr. Grenville leave to return, and directed him to acquaint the French minister and Dr. Franklin, that it is for the purpose of receiving fresh instructions, which will be necessary on the change of the department, taking care to repeat every assurance of the King's desire of peace, and not to leave any impression, on the minds of those with whom he is in treaty, of the least relaxation from the intention and 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 |