"I do not conceive that I have any authority, in virtue of my office here, to absolve that parole in any degree; I have, therefore, endeavored to found it as well as I could on the express power given me by Congress to exchange General Burgoyne for Mr Laurens. A reservation is made of confirmation or disapprobation by Congress, not from any desire to restrain the entire liberty of that General, but because I think it decent and my duty to make such reservation, and that I might otherwise be blamed as assuming a power not given me, if I undertook to discharge absolutely a parole given to Congress, without any authority from them for so doing. With great esteem and respect, &c.
B. FRANKLIN."
I have received no answer from Mr Laurens. The following is the paper mentioned in the above letter.
The Discharge of Lord Cornwallis from his Parole.
"The Congress having, by a resolution of the 14th of June last, empowered me to offer an exchange of General Burgoyne for the Honorable Henry Laurens, then a prisoner in the Tower of London, and whose liberty they much desire to obtain, which exchange, though proposed by me, according to the said resolution, had not been accepted or executed, when advice was received, that General Burgoyne was exchanged in virtue of another agreement. And Mr Laurens thereupon having proposed another Lieutenant General, viz, Lord Cornwallis, as an exchange for himself, promising that if set at liberty, he would do his utmost to obtain a confirmation of that proposal; and Mr Laurens being soon after discharged, and having since urged me earnestly, in several letters, to join with him in absolving the parole of that General, which appears to be a thing just and equitable in itself; and for the honor therefore of our country I do hereby, as far as in my power lies, in virtue of the above resolution, or otherwise, absolve and discharge the parole of Lord Cornwallis, given by him in Virginia; setting him at entire liberty to act in his civil or military capacity, until the pleasure of Congress shall be known, to whom is reserved the confirmation or disapprobation of this discharge, in case they have made or shall intend to make a different disposition.
"Given at Passy, this 9th day of June, 1782.
B. FRANKLIN,
Minister Plenipotentiary from the United States
of America to the Court of France."
I did not well comprehend the Major's conduct in refusing this paper. He was come express from London, to solicit a discharge of Lord Cornwallis's parole. He had said that his Lordship was very anxious to obtain that discharge, being unhappy in his present situation. One of his objections to it was, that his Lordship with such a limited discharge of his parole could not enter into foreign service. He declared it was not his Lordship's intention to return to America. Yet he would not accept the paper, unless the reservation was omitted. I did not choose to make the alteration, and so he left it, not well pleased with me.
This day, Tuesday, June 11th, I was at Versailles, and had a good deal of conversation with M. de Rayneval, Secretary to the Council. I showed him the letters I had received by Mr Oswald from Lord Shelburne, and related all the consequent conversation I had with Mr Oswald. I related to him also the conversation I had had with Mr Grenville. We concluded that the reason of his couriers not being returned, might be the formalities occasioning delay in passing the enabling bill. I went down with him to the cabinet of Count de Vergennes, where all was repeated and explained. That Minister seemed now to be almost persuaded, that the English Court was sincere in its declarations of being desirous of peace. We spoke of all its attempts to separate us, and of the prudence of our holding together and treating in concert. I made one remark, that as they had shown so strong a desire of disuniting us, by large offers to each particular power, plainly in the view of dealing more advantageously with the rest, and had reluctantly agreed to make a general treaty, it was possible, that after making a peace with all, they might pick out one of us to make war with separately. Against which project I thought it would not be amiss, if before the treaties of peace were signed, we who were at war against England should enter into another treaty, engaging ourselves, that in such a case, we should again make it a common cause, and renew the general war; which he seemed to approve of. He read Lord Shelburne's letter relating to Mr Walpole, said that gentleman had attempted to open a negotiation through the Marquis de Castries, who had told him he was come to the wrong house, and should go to Count de Vergennes; but he never had appeared; that he was an intriguer, knew many people about the Court, and was accustomed to manage his affairs by hidden and round-about ways; but, said he, "when people have anything to propose, that relates to my employment, I think they should come directly to me; my cabinet is the place where such affairs are to be treated." On the whole he seemed rather pleased that Mr Walpole had not come to him, appearing not to like him.
I learnt that Mr Jay had taken leave on the 7th past, of the Spanish Ministers, in order to come hither, so that he may be daily expected; but I hear nothing of Mr Laurens or Mr Adams.