University of Virginia Library

FRIDAY, NOVR 22.

A considerable time previous to this date a letter had been
recd by Congress from Mr. H. Laurens, informing them of his
discharge from captivity, and of his having authorized in the
British Ministry an expectation that Earl Cornwallis sd in his
turn be absolved from his parole. Shortly after a letter from
Docr. Franklin informed Congress that at the pressing instance of
Mr. L., and in consideration of the offer of Genl Burgoyne for
Mr. L. by Congress, as well as the apparent reasonableness of the
thing, he had executed an instrument setting Cornwallis at liberty
from his parole, until the pleasure of Congress should be
known. These papers had been committed to Mr Rutledge Mr

Mongomery & Mr Madison, who reported in favor of the ratification
of the measure, against the opinion however of Mr. R. the
first member of the Committee. The Report after some discussion
had been recommitted & had lain in their hands, until being
called for, it was thought proper by the Committee to obtain the
sense of Congress on the main question whether the act sd be
ratified or annulled; in order that a report might be made correspondent
thereto. With this view a motion was this day made by
Mr. M., 2ded by Mr. Osgood that the Committee be instructed to
report a proper act for the ratification of the measure. In support
of this motion it was alledged, that whenever a public
minister entered into engagements without authority from his Sovereign,
the alternative which presented itself was either to recall the
minister, or to support his proceedings, or perhaps both; that
Congress had by their Resolution of the [seventeenth] day of
[September] refused to accept the resignation of Mr. L. and had
insisted on his executing the office of a Minister Plenipo: and
that on the [twentieth] day of [September] they had rejected a
motion for suspending the said Resolution; that they had no option
therefore but to fulfil the engagement entered into on the
part of that Minister; that it would be in the highest degree preposterous
to retain him in so dignified and confidential a service,
and at the same time stigmatize him by a disavowal of his conduct
and thereby disqualify him for a proper execution of the service;
that it was improper to send him into negotiations with the Enemy
under an impression of supposed obligations; that this reasoning
was in a great degree applicable to the part which Docr. Franklin
had taken in the measure; that finally the Marquis de la Fayette,
who in consequence of the liberation of Cornwallis, had undertaken
an exchange of several officers of his family, would also
participate in the mortification; that it was overrating far the importance
of Cornwallis, to sacrifice all these considerations to the
policy or gratification of prolonging his captivity.

On the opposite side it was said, that the British Govt having
treated Mr. L. as a Traitor not as a Prisoner of war, having refused
to exchange him for Genl Burgoyne, and having declared by the
British Genl at N. York that he had been freely discharged, neither
Mr. L. nor Congress would be bound either in honor or justice to

render an equivalent; and that policy absolutely required that so
barbarous an instrumt of war, and so odious an object to the people
of the U. S. should be kept as long as possible in the chains
of captivity; that as the latest advices rendered it probable that
Mr. L. was on his return to America, the commission for peace
would not be affected by any mark of disapprobation which might
fall on his conduct; that no injury could accrue to Docr. Franklin,
because he had guarded his act by an express reservation for the
confirmation or disallowance of Congress; that the case was the
same with the Marquis de la Fayette; that the declaration agst
partial exchanges until a Cartel on national principles sd be established
wd not admit even an exchange antecedt thereto.

These considerations were no doubt with some the sole motives
for their respective votes. There were others however who at
least blended with them, on one side, a personal attachment to
Mr. L., and on the other, a dislike to his character, and a jealousy
excited by his supposed predilection for G. B. by his intimacy
with some of the new Ministry, by his frequent passing to & from
G. B. by the eulogiums pronounced on him by Mr Burke in the
House of Commons, and by his memorial whilst in the Tower, to
the Parliamt. The last consideration was the chief ground on
which the motion had been made for suspending the Resolution
which requested his continuance in the Commission for peace.

In this stage of the business a motion was made by Mr. Duane
2ded. by Mr. Rutledge to postpone the consideration of it; which
being lost, a motion was made by Mr. Williamson to substitute a
Resolution declaring, that as the B. Govt had treated Mr. L. with
so unwarrantable a rigor & even as a Traitor, and Cornwallis had
rendered himself so execrable by his barbarities, Congress could
not ratify his exchange—An adjournment was called for in order
to prevent a vote with so thin & divided a house.

No Congress till