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Not having an immediate answer to what I wrote you, concerning the absolution of Lord Cornwallis's parole, and Major Ross coming over hither from him to press it, I gave him the discharge you desired.

hoped I might also expect of him as a friend to England, which I must still suppose him to be; and in which I was not singular, believing it was the universal opinion at home, and particularly with regard to you Lordship, who, I had reason to be assured, had the greatest confidence in his good intentions towards our country. That I did not just then desire or expect an answer, but if he would name any other day I should wait on him, in hopes of having his opinion and advice upon the particular subject of this colony treaty, and his sentiments in general upon the whole of these affairs, which I was certain would be of service in guiding us how to proceed, in the safest and quickest course, to a final conclusion of this unhappy business.

"That I had too just a notion of his character, to expect any information but such as would not be inconsistent with particular engagements. But, where that did not interfere, his granting the favor I asked might be doing a good office to all parties concerned. For I could net help thinking, that the Commissioners of the colonies had it much in their power to give despatch to the general treaty, and to end it on just and reasonable terms, even notwithstanding their particular treaty with France. Upon this, the Doctor said they had no treaty with France, but what was published. I said, I was glad it was so, since I saw nothing there, however guarded against a separate peace, that should direct or control the conditions of a treaty between them and Great Britain, excepting the provision for the great article of independence, which was now out of the question.

"That whatever advice or hints (regarding that purpose) the Doctor would be pleased to give me, I would make no indiscreet use of, but would pledge my honor that they should be strictly kept under such directions of communication as he should think fit to prescribe.

"After allowing me to go on in this way, he said, there were some things which he wished England to think of, or to agree to, (I forget which), and yet he should not like that they were known to have been suggested by him. At last he told me, if I would come out to his house on Wednesday the 10th, he would show me a minute of some things, which he thought might be deserving of notice upon the occasion. If we agreed in opinion, it was so far well; if not, that I should let him know, and he would be glad to have my opinion, and, where we agreed, I might make use of his sentiments as my own to any good purpose I might think proper.

"I forgot to mention, that I told the Doctor, that I would write to your Lordship by the first courier, for leave to return for some time to England, and wished he might give me something to carry that VOL. IX.

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Enclosed I send you a copy. I hear it has proved satisfactory to him; I hope it will be so to you. Believe me to be, with great esteem, &c.

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might be acceptable to your Lordship. I shall be better able to judge, after I have seen him on Wednesday. He again mentioned Canada, and said, there would be no solid peace while it remained an English colony." — Paris, July 8th. MS. Letter.

Two days afterwards, Mr. Oswald wrote another long despatch to the Earl of Shelburne, detailing his conversations with Dr. Franklin. Such extracts are given below, as contain the chief points of these conversations. They are remarkable as showing, that all the prominent articles of the treaty, as it was finally agreed to and ratified, were proposed and insisted on by him, before Mr. Oswald had seen either of the other American Commissioners.

"In consequence

From Richard Oswald to the Earl of Shelburne.· of Dr. Franklin's appointment, as mentioned in my letter of the 8th under this cover, I went out to his house this morning, and stayed with him near two hours, with a view of obtaining the information and advice I wished for, as to the terms and conditions upon which he thought the treaty between Great Britain and the Commissioners of the colonies might be carrying on, and proceed to a conclusion. Having reminded him of what he in a manner promised on the 6th, he took out a minute, and read from it a few hints or articles; some, he said, as necessary for them to insist on; others, which he could not say he had any orders about, or were not absolutely demanded, and yet such as it would be advisable for England to offer for the sake of reconciliation and her future interest, viz.

"1st. Of the first class, necessary to be granted; independence, full and complete in every sense, to the Thirteen States; and all troops to be withdrawn from thence.

"2dly. A settlement of the boundaries of their colonies and the loyal colonies.

"3dly. A confinement of the boundaries of Canada; at least to what they were before the last Act of Parliament, I think in 1774, if not to a still more contracted state, on an ancient footing.

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4thly. A freedom of fishing on the Bank of Newfoundland and elsewhere, as well for fish as whales. I own I wondered he should have thought it necessary to ask for this privilege.

"He did not mention the leave of drying fish on shore in Newfoundland, and I said nothing of it. I do not remember any more articles, which he said they would insist on, or what he called necessary to them, to be granted.

"Then, as to the advisable articles, or such as he would, as a friend, recommend to be offered by England; viz.

"1st. To indemnify many people, who had been ruined by towns

FROM THOMAS POWNALL TO B. FRANKLIN.

DEAR SIR,

Proposition for Peace.

Richmond Hill, 5 July, 1782.

I have, by my friend Mr. Hobart, sent a printed copy of the three Memorials, which I published on the sub

burnt and destroyed. The whole might not exceed five or six hundred thousand pounds. I was struck at this. However, the Doctor said, though it was a large sum, it would not be ill bestowed, as it would conciliate the resentment of a multitude of poor sufferers, who could have no other remedy, and who, without some relief, would keep up a spirit of secret revenge and animosity for a long time to come against Great Britain; whereas a voluntary offer of such reparation would diffuse a universal calm and conciliation over the whole country.

"2dly. Some sort of acknowledgment, in some public act of Parliament or otherwise, of our error in distressing those countries so much as we had done. A few words of that kind, the Doctor said, would do more good than people could imagine.

"3dly. Colony ships and trade to be received, and have the same privileges in Britain and Ireland, as British ships and trade. I did not ask any explanation on that head for the present. British and Irish ships in the colonies to be in like manner on the same footing with their own ships.

"4thly. Giving up every part of Canada.

"If there were any other articles of either kind, I cannot now recollect them; but I do not think there were any of material consequence, and I perhaps was the less attentive in the enumeration, as it had been agreed to give me the whole in writing. But, after some reflection, the Doctor said, he did not like to give such writing out of his hands; and, hesitating a good deal about it, asked me if I had seen Mr. Jay, the other commissioner, lately come from Madrid. I said, I had not. He then told me, it would be proper I should see him, and he would fix a time for our meeting, and seemed to think he should want to confer with him himself before he gave a final answer. I told him, if I had such final answer, and had leave, I would carry it over to England. He said that would be right, but that, as Mr. Grenville told him he expected another courier in four or five days, 1 had better wait so long, and he would write along with me.

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Upon the whole, the Doctor expresses himself in a friendly way towards England, and was not without hopes, that, if we should settle on this occasion in the way he wished, England would not only have a beneficial intercourse with the colonies, but at last it might end in a federal union between them. In the mean time we ought to take

ject of America, one addressed to the Sovereigns of Europe, and two others addressed to the Sovereign of Great Britain.

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

As it is possible you may see Mr. Hobart, he can inform you from me, as well as of his own knowledge,

care, not to force them into the hands of other people. He showed me a copy of the Enabling Bill, as it is called, and said, he observed the word, 'revolted,' was left out, and likewise added, that the purpose of it was to dispense with acts of Parliament, which they were indifferent about, and that now they were better prepared for war, and more able to carry it on than ever they were. That he had heard we entertained some expectation of retaining some sort of sovereignty over them, as his Majesty had of Ireland; and that, if we thought so, we should find ourselves much disappointed, for they would yield to nothing of that sort.

"From this conversation, I have some hopes, my Lord, that it is possible to put an end to the American quarrel in a short time, and when that is done, I have a notion that the treaty with the other powers will go more smoothly on. The Doctor did not, in the course of the above conversation, hesitate as to a conclusion with them, on account of any connexion with those other states; and in general seemed to think their American affairs must be ended by a separate commission. On these occasions I said, I supposed, in case of such a commission, he meant that the power of granting independence would be therein expressly mentioned. He said, 'No doubt.' I hinted this, thinking it better in the power of treating to include independence, than to grant independence separately, and then to treat about other matters with the commissioners of such independent States; who by such grant are on the same footing with ministers of other powers. I did not perceive he made any account of this distinction, and I did not think proper to say any thing more about it.

"I forgot one thing the Doctor said with respect to some provision, or reparation, to those called the loyal sufferers. It would be impossible to make any such provision. They were so numerous, and their cases so various, that he could not see that it could make any part of the treaty. There might be particular cases that deserved compassion. These being left to the several States, they might perhaps do something for them. But they, as Commissioners, could do nothing. He then read to me the orders in Carolina for confiscating and selling of estates under the direction of the military, by which so great a number of families had been ruined; and which the people there felt so much as would stifle their compassion for the sufferers on the other side."- Paris, July 10th. MS. Letter.

of the steps we took upon the ground of your communications to him and me; "that there were persons authorized to treat of peace, and that such persons were willing to give to reasonable measures, taken to that end, every assistance in their power." He can inform you also of the circumstances which attended those steps; and of the effect which they missed in the direct line, as of the effect they actually have in an ob lique one. As from the beginning of this matter, of trying to bring on negotiation for peace, I considered him as joined with me, in our endeavours; so I have given to him a memorandum, which I made on the course of this business. He will communicate to you every thing, which is not improper for a man of honor to communicate to the minister of a people at war with us; nor will he abstain from communicating any thing, which that minister, wishing peace to our country, ought to be apprized of, respecting the effects of his friendly offers. He will do every thing which a man of honor ought to do, and he will do nothing that a man of honor ought not to do.

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I have desired him to give a paper of 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 enjoyment of my old and long valued friendship with you. May you live to see, and have health to enjoy, the blessings which I hope it may please God to make you the instrument of communicating to mankind. I am, &c.

T. POWNALL.

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