M. TO EDMUND BURKE

      Passy, 15 October, 1781.

      Sir:—

      I received but a few days since your very friendly letter of August last, on the subject of General Burgoyne.

      Since the foolish part of mankind will make wars from time to time with each other, not having sense enough otherwise to settle their differences, it certainly becomes the wiser part, who cannot prevent those wars, to alleviate as much as possible the calamities attending them. Mr. Burke always stood high in my esteem; but his affectionate concern for his friend renders him still more amiable, and makes the honor he does me of admitting me of the number still more precious.

      I do not think the Congress have any wish to persecute General Burgoyne. I never heard, till I received your letter, that they had recalled him; if they have made such a resolution, it must be, I suppose, a conditional one, to take place in case their offer of exchanging him for Mr. Laurens should not be accepted; a resolution intended merely to enforce that offer.

      I have just received an authentic copy of the resolve containing that offer; and authorizing me to make it. As I have no communication with your ministers, I send it enclosed to you. ^{Ref. 013} If you can find any means of negotiating this business, I am sure the restoring of another worthy man to his family and friends will be an addition to your pleasure. With great and invariable respect and affection, I am, sir, your most obedient and most humble servant,

       B. Franklin. Ref. 014

      MI. FROM ROBERT R. LIVINGSTON

      Philadelphia, 24 October, 1781.

      Dear Sir:—

      Three days since, I did myself the honor to write to you, informing you of my appointment to the Secretaryship of Foreign Affairs, ^{Ref. 019} and preparing you for the happy event which has taken place. Enclosed you have the capitulation of Yorktown and Gloucester, by which a British army of five thousand six hundred men was surrendered to the allied arms of France and America; and no inconsiderable fleet, with eight hundred seamen, to the navy of his most Christian Majesty.

      Since my last, which was written the day after I entered upon office, I have seen yours of the 14th of May. There are many things in it which deserve the attention I mean to pay it, when the first hurry the intelligence I communicate occasions, is over. But, sir, there is a part which I cannot delay to take notice of, because I feel myself interested in opposing the resolution that you seem to have formed, of quitting the station which, for the honor of the United States, you now hold. I shall be impatient till I hear that you comply with the wishes of Congress on this subject, as communicated long since. Though the new powers with which you are invested impose additional burdens upon you, yet, as they at once contain the amplest testimonials of the approbation of Congress, and directly lead to the completion of the great cause in which you so early engaged, I cannot but flatter myself that you will take it upon you. I sent with my first letter to you one to the Count de Vergennes, informing him of my appointment. You will do me the honor to present it. I am, sir, etc.,

       Robert R. Livingston.

      MII. TO THOMAS McKEAN, PRESIDENT OF CONGRESS

      Passy, 5 November, 1781.

      Sir:—

      Herewith you will receive a copy of my last; since which I have been honored with two letters from the late President, the one dated March 2d, relating to Captain Jones’ cross of merit, which I have communicated as directed; the other, dated July 5th, respecting the release and exchange of Mr. Laurens.

      Having no direct communication with the British ministers, and Mr. Burke appearing, by a letter to me, warmly interested in favor of his friend, General Burgoyne, to prevent his being recalled, I have requested and empowered him to negotiate that exchange, and I soon expect his answer. The late practice of sending to England prisoners taken in America has greatly augmented the number of those unfortunate men, and proportionally increased the expense of relieving them. The subscriptions for that purpose in England have ceased. The allowance I have made to them of sixpence each per week during the summer, though small, amounts to a considerable sum; and during the winter I shall be obliged to double if not treble it. The Admiralty there will not accept any English in exchange, but such as have been taken by Americans, and absolutely refuse to allow any of the paroles given to our privateers by English prisoners discharged at sea, except in one instance, that of fifty-three men taken in the Snake sloop, by the Pilgrim and Rambler, which was a case attended, as they say, with some particular circumstances. I know not what the circumstances were, but shall be glad to see the fifty-three of our people, whom they promised to send me by the first cartel. I have about five hundred other paroles solemnly given in writing, by which the Englishmen promised either to send our people in exchange or to surrender themselves to me in France, not one of which has been regarded, so little faith and honor remain in that corrupted nation. Our privateers, when in the European seas, will rarely bring in their prisoners when they can get rid of them at sea. Some of our poor brave countrymen have been in that cruel captivity now for near four years. I hope the Congress will take this matter into immediate consideration, and find some means for their deliverance, and to prevent the sending more from America. By my last accounts, the number now in the several prisons amounts to upwards of eight hundred.

      I request also some direction from Congress (having never received any) respecting the allowance to be made to them while they remain there. They complain that the food given them is insufficient. Their petition to the English government to have an equal allowance with the French and Spanish prisoners has been rejected, which makes the small pecuniary assistance I can send them more necessary. If a certain number of English prisoners could be set apart in America, treated exactly in the same manner, and their exchange refused till it should be agreed to set these at liberty in Europe, one might hope to succeed in procuring the discharge of our people. Those who escape and pass through France to get home put me also to a great expense for their land journeys, which could be prevented if they could be exchanged, as they would be landed here in ports.

      The ambassador of Venice told me that he was charged by the Senate to express to me their grateful sense of the friendly behavior of Captain Barry, commander of the Alliance, in rescuing one of the ships of their state from an English privateer, and setting her at liberty; and he requested me to communicate this acknowledgment to Congress. There is a complaint from Holland against Captain Jones, for having taken the brigantine Berkenbosch and sending her to America, and I have been desired to lay before Congress the enclosed depositions relating to that capture, and to request their attention to it.

      The ambassador of Portugal also frequently asks me if I have received any answer to their complaint long since sent over. I wish it was in my power to give one of some kind or other. But none has yet come to my hands. I need not mention the importance of attending to the smallest complaints between nations, the neglect of them having sometimes very serious consequences.

      The mediation proposed is not agreed to by England, who refuses to treat with our United States but as a sovereign with subjects; and I apprehend that a change in that resolution is only to be expected from time, the growing insupportable expense of the war, or a course of misfortunes in the progress of it. The spirits of that nation have been continually kept up by the flattering accounts sent over, of our being weary of the