part commissioners will be named, or any character given to Mr. Oswald which Doctor Franklin and he may judge conducive to a final settlement of things between Great Britain and America: which Doctor Franklin as very properly says, requires to be treated in a very different manner from the peace between Great Britain and France, who have been always at enmity with each other.

3d. "That an establishment for the loyalists must always be upon Mr. Oswald's mind, as it is uppermost in lord Shelburne's; besides other steps in their favor to influence the several states to agree to a fair restoration or compen sation for whatever confiscations have taken place.

4th. "To give lord Shelburne's letters about Mr. Walpole to Doctor Franklin.'

On perusing this paper, I recollected that a bill had been sometime since proposed in parliament to enable his majes ty to conclude a peace or truce with the revolted colonies in America, which I supposed to be the enabling bill men. tioned, that had hitherto slept, and not having been passed, was perhaps the true reason why the colonies were not mentioned in Mr. Grenville's commission; Mr. Oswald thought it likely, and said that the words "insertion of commissioners recommended by Mr. Oswald," related to his advising an express mention in the bill of the commissioners appointed by congress to treat of peace, instead of the vague denomination of any person or persons, &c. in the first draft of the bill as to the loyalists. I repeated what I had said to him, when first here, that their estates had been confiscated by the laws made in the particular states, where the delinquents had resided; and not by any law of congress; who indeed had no power either to make such laws or to repeal them, or to dispense with them, and therefore could give no power to their commissioners to treat for restoration for those people. That it was an affair appertaining to each state. That if there were justice in compensating them, it must be due from England rather

than from America; but in my opinion, England was not under any very great obligations to them, since it was by their misrepresentations and bad counsels, that she had been drawn into this miserable war; and that if an account was brought against us for their losses, we should more than balance it, by an account of the ravages they had committed all along the coasts of America. Mr. Oswald agreed to the reasonableness of all this, and said he had, before he came away, told the ministers that he thought no recompense to those people was to be expected from us; that he had also, in consequence of our former conversation on that subject, given it as his opinion, that Canada should be given up to the United States, as it would prevent the occasion of future differences; and as the government of such a country was worth nothing, and of no importance if they could have there a free commerce, that the marquis of Rockingham and lord Shelburne, though they spoke reservedly, did not seem very averse to it: but that Mr. Fox appeared to be startled at the proposition. He was, however, not without hopes, that it would be agreed to.

We now come to another article of the note, viz. “ on our part commissioners will be named, or any character given to Mr. Oswald, which Doctor Franklin and he may judge conducive to a final settlement of things between Great Britain and America." This he said was left entirely to me, for he had no will in the affair. He did not desire to be farther concerned than to see it en train; he had no personal views either of honor or profit. He had now seen and conversed with Mr. Grenville; thought him a very sensible young gentleman, and very capable of the business; he did not therefore see any further occasion there was for himself; but if I thought otherwise, and conceived he might be farther useful, he was content to give his time and service in any character or manner I should think proper. I said his knowlege of America, where he had lived, and with every part of which and of its commerce and circumstances he was well acquainted, made me think that in per

suading the ministry to things reasonable, relating to that country, he could speak or write with more weight than Mr. Grenville; and therefore I wished him to continue in the service, and I asked him whether he would like to be joined in a general commission for treating with all the powers at war with England, or to have a special commission to himself for treating with America only. He said he did not choose to be concerned in treating with the foreign powers, for he was not sufficiently a master of their affairs or of the French language, which probably would be used in treating; if therefore he accepted of any commission it should be that of treating with America. I told him I would write to lord Shelburne on the subject; but Mr. Grenville having some time since dispatched a courier, partly on account of the commission, who was not yet returned, I thought it well to wait a few days, till we could see what answer he would bring or what measures were taken this he approved of. The truth is, he appears so good and so reasonable a man, that though I have no objection to Mr. Grenville, I should be loth to loose Mr. Oswald. He seems to have nothing at heart but the good of mankind, and putting a stop to mischief; the other, a young statesman, may be supposed to have naturally a little ambition of recommending himself as an able negociator. In the afternoon, Mr. Boeris, of Holland, called on me, and acquainted me that an answer had not been given to the last memorial from Russia, relating to the mediation ; but it was thought that it would be in respectful terms to thank her imperial majesty for her kind offers, and to represent the propriety of their connection with France, in endeavoring to obtain a general peace, and that they conceived it would be still more glorious for her majesty to employ her influence in procuring a general than a particular pacification. Mr. Boeris further informed me, that they were not well satisfied in Holland with the conduct of the Russian court, and suspected views of continuing the war for particular pusposes,

Tuesday, June 4. I received another packet from Mr. Hartley. It consisted of duplicates of the former letters and papers already inserted, and contained nothing new but the following letter from colonel Hartley, his brother, y

Wednesday, June the 5th. Mr. Oswald called again to acquaint me, that lord Cornwallis being very anxious to be discharged from his parole as soon as possible, had sent a major Ross hitherto to solicit it, supposing Mr. Laurens might be here with me, Mr. Oswald told me what I did not hear before, that Mr. Laurens while prisoner in the Tower, had proposed obtaining the discharge of lord Cornwallis in exchange for himself, and had promised to use his utmost endeavors to that purpose, in case he was set at liberty, not doubting of his success. I communicated to Mr. Oswald what had already passed between Mr. Laurens and me, respecting lord Cornwallis, which appears in the preceding letters, and told him I should have made less difficulty about the discharge of his parole, if Mr. Laurens had informed me of his being set at liberty, in consequence of such an offer and promise; and I wished him to state this in a letter to me, that it might appear for my justification, in what I might with Mr. Laurens do in the affair; and that he would procure for me from major Ross, a copy of the parole that I might be better acquainted with the nature of it. He accordingly in the afternoon sent me the following letter, to which I wrote this answer.2

Friday, June 7. Major Ross called on me, and thanked me for the favorable intention I had expressed in my letter to Mr. Oswald respecting lord Cornwallis, and to assure me his lordship would for ever remember it with gratitude, &c. I told him it was our duty to alleviate as much as we could the calamities of war, that I expected letters from Mr. Laurens, relating to the affair after the receipt of which I would immediately complete it; or if I did not hear from Mr. L. I would speak to the marquis de la Fayette, get his approbation and finish it without further waiting.

y za These papers are missing.

Saturday, June 8. I received some newspapers from England, in one of which is the following paragraph : Extract from the London Evening Post of May 30, 1782. "If reports on the spot speak truth, Mr. Grenville in his first visit to Doctor Franklin, gained a considerable point of information as to the powers America had retained for treating separately with Great Britain, in case her claims or demands were granted.

The treaty of February 6, 1778, was made the basis of this conversation, and by the spirit and meaning of this treaty, there is no obligation on America not to treat separately for peace, after she is assured England will grant her independence and a free commerce with all the world.

The first article of that treaty, engages America,and France to be bound to each other, as long as circumstances may require; therefore the granting America all that she asks of England, is breaking the bond by which the circum- · stances may bind America to France.

The second article says, the meaning and direct end of the alliance is, to ensure the freedom and independence of America. Surely then, when freedom and independence is allowed by Britain, America may, or may not, as she chuses, put an end to the present war between England and America, and leave France to war on through all her mad projects of reducing the power and greatness of England, while America feels herself possessed of what she wishes.

By the 8th article of the treaty, neither France nor America can conclude peace without the assent of the other, and they engaged not to lay down their arms, until the independence of America is acknowleged, but this article. does not exclude America from entering into a separate treaty for peace with England, and evinces more strongly than the former articles, that America may enter into a separate treaty with England, when she is convinced that England has insured to her all that she can reasonably ask.” I conjecture that this must be an extract from a letter of Mr. Grenville, but it carries an appearance as if he and I had agreed in these imaginary discourses of America's be