There was at this time in England a man to whose memory Americans ought to erect statues. This was David Hartley. He was a gentleman of the most liberal and generous sentiments, an old and valued friend of Franklin, member of Parliament for Hull, allied with the opposition in this matter of the American war, but personally on good terms with Lord North. He had not very great ability; he wrote long letters, somewhat surcharged with morality and good-feeling. One would expect to hear that he was on terms of admiring intimacy with his contemporary, the good Mrs. Barbauld. But he had those opportunities which come only to men whose excellence of character and purity of motive place them above suspicion,—opportunities which might have been shut off from an abler man, and which he now used with untiring zeal and much efficiency in behalf of the American prisoners. Lord North did not hesitate to permit him to correspond with Franklin, and he long acted as a medium of communication more serviceable than Lord Stormont had been. Furthermore Hartley served as almoner to the poor fellows, and pushed a private subscription in England to raise funds for securing to them reasonable comforts. There were responsive hearts and purses, even for rebels, among his majesty's subjects, and a considerable sum was collected.
Franklin's first letter to Hartley on this subject, October 14, 1777, has something of bitterness in its tone, with much deep feeling for his countrymen, whose reputed woes he narrates. "I can assure you," he adds, "from my certain knowledge, that your people, prisoners in America, have been treated with great kindness, having had the same rations of wholesome provisions as our own troops," "comfortable lodgings" in healthy villages, with liberty "to walk and amuse themselves on their parole." "Where you have thought fit to employ contractors to supply your people, these contractors have been protected and aided in their operations. Some considerable act of kindness towards our people would take off the reproach of inhumanity in that respect from the nation and leave it where it ought with more certainty to lie, on the conductors of your war in America. This I hint to you out of some remaining good will to a nation I once loved sincerely. But as things are, and in my present temper of mind, not being over-fond of receiving obligations, I shall content myself with proposing that your government should allow us to send or employ a commissary to take some care of those unfortunate people. Perhaps on your representations this might be obtained in England, though it was refused most inhumanly at New York."
In December following he had arranged with Major Thornton, "who appears a man of humanity," to visit the prisons and give relief to the prisoners, and he hopes that Thornton "may obtain permission for that purpose." "I have wished," he added, "that some voluntary act of compassion on the part of your government towards those in your power had appeared in abating the rigors of their confinement, and relieving their pressing necessities, as such generosity towards enemies has naturally an effect in softening and abating animosity in their compatriots, and disposing to reconciliation." Of such unconventional humanity was he!
Hartley met Franklin's ardent appeals with responsive ardor. May 29, 1778, he writes that he will press the point of exchange as much as he can, "which in truth," he says, "I have done many times since I saw you; but official departments move slowly here. A promise of five months is yet unperformed." But a few days later, June 5, he is "authorized" to propose that Franklin should send to him "the number and rank of the prisoners, upon which an equal number shall be prepared upon this side for the exchange." Franklin at once demanded lists from his captains, and replied to Hartley: "We desire and expect that the number of ours shall be taken from Forton and Plymouth, in proportion to the number in each place, and to consist of those who have been longest in confinement." He then made this extraordinary suggestion: "If you think proper to clear all your prisoners at once, and give us all our people, we give you our solemn engagement, which we are sure will be punctually executed, to deliver to Lord Howe in America, or to his order, a number of your sailors equal to the surplus, as soon as the agreement arrives there." It is easy to fancy a British minister thrusting his tongue into his cheek as this simple-minded proposal of the plain-dealing colonist was read to him. The only occasion on which Franklin showed ignorance of diplomacy was in assuming, in this matter of the prisoners, that honesty and honor were bases of dealing between public officials in international matters.
He suggested also retaining a distinction between sailors of the navy and of the commercial marine. After repeated applications to the Board of Admiralty, Hartley was only able to reply to all Franklin's proposals that no distinction could be made between the naval and merchant services, because all the Americans were "detained under commitments from some magistrate, as for high treason."
July 13, 1778, Franklin remitted to Hartley the lists of English prisoners. September 14 he recurs again to the general release: "You have not mentioned whether the proposition of sending us the whole of those in your prisons was agreed to. If it is, you may rely on our sending immediately all that come to our hands for the future; or we will give you, [at] your option, an order for the balance to be delivered to your fleet in America. By putting a little confidence in one another, we may thus diminish the miseries of war." Five days later he took a still more romantic position: heretofore, he said, the American commissioners had encouraged and aided the American prisoners to try to escape; "but if the British government should honorably keep their agreement to make regular exchanges, we shall not think it consistent with the honor of the United States to encourage such escapes, or to give any assistance to such as shall escape."
Yet at the same time he showed himself fully able to conduct business according to the usual commonplace method. This same letter closes with a threat under the lex talionis: "We have now obtained permission of this government to put all British prisoners, whether taken by continental frigates or by privateers, into the king's prisons; and we are determined to treat such prisoners precisely as our countrymen are treated in England, to give them the same allowance of provisions and accommodations, and no other." He was long obliged to reiterate the like menaces.[48]
October 20, 1778, he reverts to his favorite project: "I wish their lordships could have seen it well to exchange upon account; but though they may not think it safe trusting to us, we shall make no difficulty in trusting to them;" and he proposes that, if the English will "send us over 250 of our people, we will deliver all we have in France;" if these be less than two hundred and fifty, the English may take back the surplus Americans; but if these be more than two hundred and fifty, Franklin says that he will nevertheless deliver them all in expectation that he will receive back an equivalent for the surplus. "We would thus wish to commence, by this first advance, that mutual confidence which it would be for the good of mankind that nations should maintain honorably with each other, tho' engaged in war."
November 19, 1778, nothing has been achieved, and he gets impatient: "I have heard nothing from you lately concerning the exchange of the prisoners. Is that affair dropt? Winter is coming on apace." January 25, 1779: "I a long time believed that your government were in earnest in agreeing to an exchange of prisoners. I begin now to think I was mistaken. It seems they cannot give up the pleasing idea of having at the end of the war 1000 Americans to hang for high treason." Poor Hartley had been working with all the energy of a good man in a good cause; but he was in the painful position of having no excuse to offer for the backwardness of his government.
February 22, 1779, brought more reproaches from Franklin. Months had elapsed since he had heard that the cartel ship was prepared to cross the Channel, but she had never come. He feared that he had been "deceived or trifled with," and proposed sending Edward Bancroft on a special mission to England, if a safe conduct could be procured. At last, on March 30, Hartley had the pleasure of announcing that the exchange ship had "sailed the 25th instant from Plymouth." Franklin soon replied that the transaction was completed, and gave well-earned thanks to Hartley for his "unwearied pains in that affair."