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 FROM COUNT DE VERGENNES TO B. FRANKLIN. Translation. Versailles, 8 August, 1782. SIR, I have received the letter of this day, with which you have honored me, and the copy of the power, which Mr. Oswald has communicated to you. The Great Britain, even in spite of their petitions being repeatedly rejected. That in such case they would have undoubtedly concerted such plan of treaty, as would have not only restored peace, but would have laid a solid bottom of amity and conciliation, and such as would have obliterated from their memory in a short time all remembrance of preceding acts of distress and violence. "But, by the continued enforcement of the same cruel measures, the minds of the people in general all over that continent were almost totally alienated from Great Britain, so that they detested the very name of an Englishman. That it was true, a number of the older people had not forgot their former connexions, and their inclinations might still lean towards England. But, when they were gone, and the younger generation come to take their place, who had never felt any of those impressions, those inclinations would be succeeded by grudge and resentment of every kind, upon reflecting upon what they had seen, and their parents had suffered; that few of them but could recollect the loss of blood of some relation or other, devastation of their estates, and other misfortunes; on which occasion he ran into a detail of particulars, as unnecessary as unpleasant here to be repeated; and which I would not have touched upon, if I did not think a free exposure of the features of this conversation may help to form a judgment of what may be expected in the issue, from the determination of this commissioner, and consequently what concessions on this very critical occasion it may be safe and proper to propose or insist upon. "As information respecting the real sentiments of those gentlemen was the object I principally aimed at in the commencement of this business, I allowed Mr. Jay to go on without interruption, remarking only upon the whole, that, supposing there had been capital mistakes in the direction as well as in the execution of our measures, it would be hard to bring the charge home to the nation in general; and there was a good deal to be said even in excuse of the ministers, who presided over the conduct of those measures, considering that they were not personally acquainted with the circumstances of that country, and therefore could not but naturally listen to the information they received form in which it appears is not that which is usual on similar occasions, but it has not prevented me from forming my opinion in the first instance. I have bestowed the greatest attention on it, and, if you will be so good as to favor me with a visit on Saturday morning, I shall confer with you and Mr. Jay, if it will be convenient for him to accompany you. I have the honor to be, most sincerely, Sir, &c. DE VERGENNES. from those, who were so acquainted; who came over from America as refugees, and who had upon all occasions insisted, that we had so great a proportion of friends in all the colonies, as to require only a temporary support from government to bring every thing back to the original state of peace and subordination; that it was the search after those friends of government, which, in consequence of personal interference and correspondence in writing, has kept up and encouraged a continuance of the measures of coercion complained of, until they brought on at last the present unfortunate crisis. "Mr. Jay admitted that some blame was justly to be imputed to the misrepresentation of the refugees, and other correspondents above mentioned, who, he said, at least many of them, were in a particular manner concerned, on account of their private interest, to have things brought back by any means to their original state. "He returned to the subject of independence, as not being satisfied with its being left as a matter of treaty. I said the method proposed was much the same as what he meant, and perhaps such as the nature of the British constitution made necessary. Independence on Great Britain, in the most complete sense, would be granted without any reserve, always supposing that their States should be equally independent of other nations. And so the treaty might proceed, in the course which was thus marked out for it, until it ended in peace. He said, peace was very desirable, and the sooner the better. But the great point was, to make such a peace as should be lasting. This brought back my attention to the same expression in Count de Vergennes' discourse in April, when I first had the honor to wait on him, and the more so, that, almost in every conversation I have had with Dr. Franklin, he has made use of the same words, and delivered as in the way of aphorism, and as an indispensable principle, in the foundation of a final settlement with them and France. "I never at these times chose to ask for an explanation, having no right to do so. I thought it was then too early to venture on such delicate ground, and so I remained at a loss, as to the intended meaning of the words, although I strongly suspected the expression pointed |