On the fall of Lord North's ministry in March,
1782, Franklin sent a letter to his friend, Lord
Shelburne, expressing a hope that peace might
soon be made. When the letter reached London,
the new ministry, in which Shelburne was secre-
tary of state for home and colonies, had already
been formed, and Shelburne, with the consent of
the cabinet, replied by sending over to Paris an
agent to talk with Franklin informally, and ascer-
tain the terms upon which the Americans would
make peace. The person chosen for this purpose
was Richard Oswald, a Scottish merchant of frank
disposition and liberal views. In April there were
several conversations between Oswald and Frank-
lin, in one of which the latter suggested that, in
order to make a durable peace, it was desirable to
remove all occasion for future quarrel ; that the
line of frontier between New York and Canada
was inhabited by a lawless set of men, who in time
of peace would be likely to breed trouble between
their respective governments ; and that therefore
it would be well for England to cede Canada to
the United States. A similar reasoning would
apply to Nova Scotia. By ceding these countries
to the United States, it would be possible, from the
sale of una])i>ropriated lands, to indemnity the
Americans for all losses of private property during
the war, and also to make reparation to the Tories
whose estates had been confiscated. By pursuing
such a policy, England, which had made war on
America unjustly, and had wantonly done it great
injuries, would achieve not merely peace, but re-
conciliation with America, and reconciliation, said
Franklin, is " a sweet word." This was a very bold
tone for Franklin to take : but he knew that al-
most every member of the Whig ministry had pub-
licly expressed the opinion that the war against
America was unjust and wanton; and being,
moreover, a shrewd hand at a bargain, he began
by setting his terms high. Oswald seems to have
been convinced by Franklin's reasoning, and ex-
pressed neither surprise nor reluctance at the idea
of ceding Canada. The nuiin points of this con-
versation were noted upon a sheet of paper, which
Franklin allowed Oswald to take to London and
show to Lord Shelburne, first writing upon it an
express declaration of its informal character. On
receiving this memorandum, Shelburne did not
show it to the cabinet, but returned it to Franklin
without any immediate answer, after keeping it
only one night. Oswald was presently sent back
to Paris, empowered as commissioner to negotiate
with Franklin, and carried Shelburne's answer to
the memorandum that desired the cession of Cana-
da for three reasons. The answer was terse : " 1.
By way of reparation. — Answer : No reparation
can be heard of. 2. ?b prevent fnfure wars. — An-
swer : It is to be hoped that some more friendly
method will be found. 3. As a fund of indemnifi-
cation to loyalists. — Answer : No independence to
be acknowledged without their being taken care
of." Besides, added Shelburne, the Americans
would be expected to make some compensation for
the surrender of Charleston, Savannah, and the
city of New York, still held by British troops.
From this it appears that Shelburne, as well as
Franklin, knew how to begin by asking more than
he was likely to get. England was no more likely
to listen to a proposal for ceding Canada than the
Americans were to listen to the suggestion of com-
pensating the British for surrendering New York.
But there can be little doubt that the bold stand
thus taken by Franklin at the outset, together with
the influence he acquired over Oswald, contributed
materially to the brilliant success of the American
negotiations. This is the more important to be
noted in connection with the biography of Frank-
lin, since in the later stages of the negotiations the
initiative passed almost entirely out of his hands,
and into those of his colleagues, Jay and Adams.
The form that the treaty took was mainly the work
of these younger statesmen ; the services of Frank-
lin were chiefly valuable at the beginning, and
again, to some extent, at the end. There were two
grave difficulties in making a treaty. The first was,
that France was really hostile to the American
claims. She wished to see the country between the
AUeghanies and the Mississippi divided between
England and Spain ; England to have the region
north of the Ohio, and the region south of it to
remain an Indian territory under the protectorate
of Spain, except a narrow strip on the western
slope of the AUeghanies, over which the United
States might exercise protectorship. In other
words, France wished to confine the United States
to the east of the AUeghanies, and forever prevent
their expansion westward. France also wished to
exclude the Americans from all share in the fish-
eries, in order to prevent the United States from
becoming a great naval power. As France, up to a
certain jioint, was our ally, this antagonism of in-
terests made the negotiation extremely difficult.
The second difficulty was the unwillingness of the
British government to acknowledge the indepen-
dence of the United States as a condition that must
precede all negotiation. The Americans insisted
upon this point, as they had insisted ever since the
Staten Island conference in 1776 ; but England
wished to withhold the recognition long enough to
bargain with it in making the treaty. This diffi-
culty was enhanced by the fact that, if this point
were conceded to the Americans, it would transfer
the conduct of the treaty from the colonial secre-
tary, Shelburne, to the foreign secretary. Fox ; and
these two gentlemen not only differed widely in
their views of the situation, but were personally
bitter enemies. Presently Fox heard of the private
memorandum that Shelburne had received from
Franklin but had not shown to the cabinet, and he
concluded, quite wrongly, that Shelburne was play-
ing a secret part for purposes of his own. Accord-
ingly, Fox made up his mind at all events to get
the American negotiations transfen'ed to his own
department ; and to this end, on the last day of
June, he moved in the cabinet that the indepen-
dence of the United States should be uncondition-
ally acknowledged, so that England might treat as
with a foreign power. The motion was lost, and
Fox prepared to resign his office; but the very
next day the death of Lord Rockingham broke up
the ministry. Lord Shelburne now became prime
minister, and other circumstances occurred which
simplified the problem. In April the French fleet
in the West Indies had been annihilated by Rod-
ney ; in September this was followed by the total
defeat of the combined French and Spanish forces
at Gibraltar. This altered the situation seriously.
England, though defeated in America, was victori-
ous as regarded France and Spain. The avowed
object for which France had entered into alliance
with the Americans was to secure the indepen-
dence of the United States, and this point was now
substantially gained. The chief object for which
Spain had entered into alliance with France was
to drive the English from Gibraltar, and this point
was now decidedly lost. France had bound herself
not to desist from the war until Spain should re-
cover Gibraltar; but now there was little hope of
accomplishing this, except by some fortunate bar-
gain in the treaty. Vergennes now tried to sat-
Page:Appletons' Cyclopædia of American Biography (1900, volume 2).djvu/562
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532
FRANKLIN
FRANKLIN