118

7 5 . Kirkmichaell zonger. Thomas Kennedy , younger of K i r k m i c h a e l .

12th line. 7 6 . 3Ir. James Hall, Ballantrae. Mr. J a m e s H a U , minister at B a l l a n ­trae .

7 7 . Johne Kennedye. ;>

7 8 . David McC'awel.

7 9 . James Greg.

8 0 . James McMeikeine.

I I . ! f d - i r i -

Signatures Below Glasgow Determination.

8 1 . James Corre. J a m e s Corrie i n Maybole, who was at one t ime a servitor of the E a r l of Cassil l is , and was probably the

' Capta in J a m e s Corrie i n Maybole who was k i l l ed at the battle of A l f o rd i n 1 6 4 5 . H e was the younger brother of George Con-ie of Ke lwood (died c. 1 6 3 3 - 4 ) and so was the uncle of the J o h n Corrie of Ke lwood of 1 6 3 8 .

8 2 . Frances Mure. F r a n c i s Mure of Pennj^glen, a younger brother of J o h n Mure of Auchindrane and so a nephew of S i r Alexander K e n n e d y of Culzean.

8 3 . David Kennedye of Oarrihorne.

8 4 . J . Mure Aucheindraine. J o h n (later S i r J o h n )

Mure of Auchindrane .

8 5 . Knokdaw. J o h n K e m i e d y of K n o c k d a w .

W. Craufurd of Skeldone. Wi lUam Craufurd of Skeldon.

li. Kennedy.

. - • •

- i ; . • S 6 .

8 7 .

119

R i c h a r d O s w a l d the Peacemaker

B Y W . S T I T T R O B I N S O N , J I T N . ,

Associate Professor of History, University of Kansas, Lawrence, Kansas

W h o was R i c h a r d O s w a l d ? ' T h i s question was asked by the B r i t i s h Fore ign Secretary, L o r d Palmerston, i n 1 8 3 9 , while examining Anglo-American treaties relating to the boundary disputes between the U n i t e d States and Canada. Best k n o w n to history as the B r i t i s h peace commissioner i n P a r i s i n 1 7 8 2 , Oswald had a var ied career as merchant, slave trader, peace commissioner, and adviser to the B r i t i s h Min is t ry on trade regulations and the conduct of the Amer i can Revolution.'^

B o r n i n Scot land around 1 7 0 5 , R i c h a r d Oswald was the son of the Reverend George Oswald of Dunnet i n the county of Caithness, and the younger brother of the Reverend J a m e s Oswald of Scotstoun, sometime Moderator of the General Assembly of the Church of Scot land. R i c h a r d Oswald had two sons—George Oswald and R i c h a r d , J u n . , presumably by his first wife, whose ident i ty has-not been established. George died i n F r a n c e on March 1 , 1 7 6 3 , under the care of Laurence Sterne.' ' R i c h a r d , J u n . , apparently r a n a w a y from home i n 1 7 6 2 or 1 7 6 3 and appeared in J a m a i c a i n 1 7 6 4 i n the A r m y , but was returned by relatives to E n g l a n d , where he died around 1 7 6 8 . Through marriage in 1 7 5 0 to M a r y Ramsay,^ heiress of Alexander R a m s a y of J a m a i c a , R i c h a r d Oswald came into possession of estates in both the West Indies and North Amer i ca , later acquiring additional land by purchase i n F l o r i d a . Described as a m a n " of very large independent fortune much exceeding a quarter of a mil l ion ster l ing , " Oswald owned several tracts i n E a s t F l o r i d a , one including eight thousand acres,

(1) T h i s article is repr inted with tlie permission of the T r a c y W. Mctiregor L i b r a r y , U n i v e r s i t y of V i r g i n i a , Charlottesvi i ie , V i r g i n i a , and is n revis ion of the essay t h a t accompanied the editing of Richard btiwaliTs Memorandum (Charlottesvi l le , V i r g i n i a , 1953).

(2) G e n e r a l biographical information about R i c h a r d O s w a l d m a y be found In the s k e t c h by W . P . t !oiirtney i n The Bkiionurtf of National Biography, vol . ii, p. 329-30 ; S i r George V. L e w i s , Essays on the Ail ministrations of Great Britain from r 7 « to ISSO ( L o n d o n , 1884), p. 81-84 ; Kiirhe's Oenealoffical and Heraldic History of the LancLed Gentry ; D a v i d D u n c a n Wal lace , Ttw Life of Henry iMurens (New Y o r k , 1 9 1 5 ) ; E l i z a b e t h D o n n a n , editor, Documents lUustraiive of the History of the Slave Trade to America (Washington , 1930-35), vols. 2 a n d 4 ; a n d a n excellent analysts of the personality a n d c h a r a c t e r of O s w a l d in a letter from B e n j a m i n V a u g h a n to J a m e s Monroe, Sept . 18, 1795, i n T h e Monroe Papers , l i b r a r y of Congress (Washington , D . (J.) , vol . 3, leaves 585-66.

(3) f o r letters from L a u r e n c e Sterne to l U c h a r d O s w a l d and J o h n Mil l about the death of George O s w a l d , see Archib.ald Boi l ing Shepperson, " Y o r i c k as Ministering A n g e l , " The Virginia Quarterly lleview, v o l . 30, no. 1 (Winter , 1954), p. 54-8«.

(4) T h e r e was no issue to R i c h a r d O s w a l d ' s marriage to M a r y l l a m s a y i n 1750.

120 121

where he unsuccessfully attempted to plant a colony. I n Scotland Oswald also amassed a large family estate, including the purchase of Auchincruive in Ayrshire in 1764 and Cavens House .-̂

As a merchant Oswald participated in extensive commercial ventures. He gained early experience in trade by association with his cousins in Glasgow. While still a young man he lived for six years in V^nginia and engaged in trade in the area around Norfolk and Elizabeth River. Referring to his stay in Virginia, Oswald stated that he " had in person visited every part " of the colony and " had bought upon the spott Assortments or Cargos of every Article of . . . produce." He then returned to England and established himself as a merchant at Philpot Lane in London, continuing in trade for over thirty years. During the Seven Years ' War he served as contractor for supply of troops on the continent. Being unable to get satisfactory agents, he himself went to Germany as Commissary-General to the Array of the Duke of Brunswick, a nephew of Frederick the Great.

As a London merchant Oswald devoted considerable attention to the African slave trade. I n 1748 the firm of Alexander Grant, Richard Oswald, and Company purchased Bance Island, one of several islands in the mouth of the Sierra Leone River in the colony of the same name, where the Royal African Company had erected a fort. Oswald and his associates gained control of other small islands by treaties with native chiefs and established on Bance Island a trading station for factors in the slave traffic.

Frequent correspondence relative to the slave trade was carried on with Henry Laurens of South Carolina. Operating as a Charleston factor and commission merchant, Laurens traded principally in deer skins, indigo, wine, rice, and slaves. For Oswald he handled most of the slave cargoes imported into Charleston, and when unable to manage his friend's business personally, he arranged for the disposition of shipments to reliable mercantile firms.

Oswald in 1778 referred to " a correspondence of more than Twenty Years " with Laurens, whom he had always found a man of " strict honour . . . , most humane & friendly temper," and a person " of good sense, & of great industry." The friendship of the two

(6) Three letter books, owned by Major lUchard Alexander Oswald, J .P . , M . E . B . , of Cavens House, Kirkbean, Dumfries, cover the period 1704-1784 and cootain the following : — I . Correspondence of Mrs. Mary Uamsay Oswald, wife, with lUchard Oswald, 1761-1768. 420 p. I I . Correspondence, miscellaneous, with Richard Oswald, 1764-1784, including letters from Oswald's nephews employed in commercial activities, from his son llichard Oswald, .Tun., from his brother the Reverend James Oswald, from Laurence Sterne, and others. 469 p. I I I . Letters to Richard Oswald. ] 765-) 784, from John Maxwell, Oswald's factor or agent for the Cavens estate and other farms in Dumfries. 570 p. A microfilm copy of those letters is now in the Aldernjan Library, I'uivcrsity of Virginia.

men was a lastmg one. They met several times between 1771 and 1774 during Laurens's intermittent residence in England to educate his children. Upon returning to America in 1774, Laurens became a Revolutionary leader and succeeded John Hancock in 1777 as President of the Continental Congress. Two years later he was selected as commissioner to the Netherlands to negotiate a loan and to draw up a treaty of amity and commerce with the Dutch. En roide to Europe he was captured by the British off the shore of Newfoundland. During a six-hour sea chase Laurens destroyed most of his papers and belatedly threw overboard the remainder of what he considered insignificant records in an inadequately weighted sack. The British fished the papers from the sea and sent them to London, where the Van Berckel paper, contaming tlie draft of a proposed treatj' between the Dutch and the Americans, was used by England as one of tlie reasons for beginning hostilities against the Netherlands.

Laurens was taken to England after his capture and imprisoned in the Tower of London in October, 1780, on suspicion of high treason. Oswald made several visits to the Tower and worked for his friend's release. Through the aid of Edmund Burke and Benjamin Franklin, Laurens was released on bail in December, 1781, with plans for the exchange of the prisoner Lord Cornwallis. Oswald posted bond of £2,000. I n April, 1782, Oswald was sent by the British Ministry to the South Carolinians with the announce­ment of his final discharge from further obligations to Brit ish courts. The two men then continued their association as peace commissioners, Laurens having been designated by the American (yongress as one of five peace commissioners and Oswald selected by Lord Shelburne to open negotiations with the Americans.

Prior to selection for peace negotiations, Oswald was acquainted with many of the leading officials of the British Ministry. Because of his residence in America and his knowledge of its geography and trade, he was frequently consulted about the war. Lord North, serving as Prime Minister from 1770 to 1782, sought information from Oswald on several occasions. Oswald also made detailed recommendations to the Secretary of State for the Colonies, a position created in 1768 to improve imperial administration and to strengthen the King's control over colonial government. The Secretaries of State for the Northern Department and Southern Department considered the third Secretary mferior in rank. Bu t the outbreak of the Revolution focused the attention of the Brit ish upon the American colonies, and one modern writer has concluded that the third Secretary became " in practice, at least until defeat loomed on the horizon, the principal Secretary of State." "

(6) Margaret M. Spector, The American Deparlineid of tlie lirilish Gomrnimnt, 1768-1782 (New York, 1940), p. 30.

122

Occupied first by Lord Hillsborough and then by Lord Dartmouth, the office passed in 1775 to Lord George Germain, who filled the position during the Revolution until 1782.

Oswald also made recommendations about the conduct of the war in America to Henry Dundas (later Viscount Melville), appointed Lord Advocate of Scotland in 1775. As the King's principal legal official in Scotland, the Lord Advocate was responsible for representing the Crown in cases before the supreme civil and criminal courts in Scotland. In this position Dundas gathered a large political following and was recognised by 1779 as a man of great value to the King and the Prime Minister. As a member of the House of Commons he proved to be a forceful and sound debater. He gained control of the Scottish vote in the Commons and has been referred to as "the foremost Scotsman of the eighteenth century." On June 11, 1779, arrangements were completed for his appointment as sole Keeper of the Signet of Scotland. By 1781 Dundas was recognised along with Lord North and Lord George Germain as a leading spokesman of the Ministry, and King George I I I . referred to him as " that able servant of the Crown."

Oswald's role as adviser to the British Ministry on the conduct of the war in America is a little-known phase of his career which has been overlooked by both British and American writers.^ His role as adviser is important within itself, and knowledge of his recommendations is necessary to understand fuUy his actions as a peace commissioner. A brief review of Oswald's proposals from 1775 to 1782 will exemplify the nature of his recommendations, the diversity of his interests, and his association with leaders of the British Ministry.

Beginning in February, 1775, we find that Oswald forwarded proposals relative to the war in America to Lord Dartmouth, Secretary of State for the Colonies. Oswald was not personally acquainted with the Secretary but justified his communication on the basis of " the duty 1 owe to my country " and on the twenty-nine years' experience as a merchant in London which, he stated, " might plead my excuse for submitting my thoughts." The document was passed on to Lord Dartmouth by John Pownall, Under-Secretary of State in the American Department, who appended a note to the papers referring to Oswald as a " merchant of great Esteem & credit," whose enclosed recommendations showed " great knowledge of the subject it treats of and a very uncommon precision and acuteness in the reasoning & reflection upon the facts stated in respect to the commerce & policy of Virginia."

(7) The only detailed treatment of any of Oswald's proposals on the conduct of the American war is by R. A. Humphreys, " llichard Oswald's Plan for an English and Russian Attack on Spanish America, 1781-1782." The Hupaiiw American Historical Itevtew, vol. 18 (1938), p. 95-101.

123

Oswald's first recommendation to Lord Dartmouth was enclosed in his letter of February 9, 1775, and included his " Plan submitted for breaking up the American Confederacy by detaching one of the Southern Provinces."^ In this proposal we find the origin of Oswald's later ideas to maintain British control over the American colonies by the policy of divide and conquer. Hoping to thwart the effectiveness of the trade embargo of the Association adopted by the First Continental Congress in October, 1774, Oswald proposed the detachment of either Virginia, Maryland, or South Carolina through an appeal to sectional interests. The needs of the southern colonies, Oswald explained, differed from their northern neighbours' because of the southern economy based on slave labour and the prevalence of an influential aristocracy with " great Family Connexions." The efforts to sever the confederacy should be attempted in Virginia, and Oswald recommended that an agent be sent to the Old Dominion—a dependable, prudent, and discreet person who had good family connexions and could influence the leadmg members of the colony. The agent should draw the colony away from the American union by convincing the leading families that their interests were not the same as that " Mob of Northern Yeomen," that " despicable Rabble of Rioters," that " Confederacy of Smuglers " in New England. Virginia should withdraw from that " unnatural Confederacy " and renounce the trade combination. The languishing tobacco market would then revive, and the Old Dominion without competition could carry on a profitable trade by exporting peas, Indian corn, beans, bread, flour, and lumber to the West Indies.

A second recommendation, dated February 21, 1775, was forwarded to Lord Dartmouth. Entitled " Memorandum with respect to South Carolina,"^' the document analysed in detail the colony's trade in rice. Oswald doubted the efficacy of the recent colonial agreement to stop exports of rice to the West Indies after September, 1775, and to continue shipments only to Europe. To aid in preventing its enforcement, Oswald suggested an act of Parliament that would increase the duty on all rice exported from the American colonies with the specific exception of rice shipped to the West Indies. This inviting provision, he surmised, would lead South Carolina to violate her agreements with the northern colonies and to act in behalf of her own economic self-interest.

Lord George Germain succeeded Lord Dartmouth as Secretary of State for the Colonies m the fall of 1775 and assumed a prominent role in direction of military and naval affairs in the Revolution. Following the raid of the British General Edward Matthews in the

(8) This " Plan " (22 p.) Is reproduced in Jl. F. Stevem's Facsimiles of Manuscripts in Kuropmn ArrMves Itclatini/ to America, 1773-1783, vol. 24 (London, 1895), no. 2032.

(9) This " Memorandiun" (21 p.) ia reproduced in Stevens's Facsmiles, no. 2034.

124

a r e a o f P o r t s m o u t h a n d N o r f o l k , O s w a l d d i s p a t c h e d t o L o r d G e o r g e G e r m a i n a " M e m o r a n d u m R e l a t i n g t o E l i z a b e t h R i v e r i n V i r g i n i a , " i o d a t e d J u n e 2 6 , 1 7 7 9 . O s w a l d e m p h a s i s e d t h e i m p o r t a n c e o f E l i z a b e t h R i v e r a s " a sa fe R e t r e a t for S h i p p i n g , & a R e p o s i t o r y for ever j ' - S p e c i e s o f S t o r e s a n d P r o v i s i o n s . " E n g l a n d s h o u l d r e t a i n h e r h o l d o n t h i s r i v e r , h e u r g e d , b e c a u s e i t w o u l d a s s u r e sa fet j^ t o s q u a d r o n s a s s i g n e d t o c o n t r o l H a m p t o n R o a d s a n d w o u l d a f f o r d q u i c k d i s p a t c h i n fitting a n d v i c t u a l i n g " B r i t i s l i s h i p s f r o m t h e W e s t I n d i e s .

F o l l o w i n g t h e t r e a t y o f a l l i a n c e b e t w e e n F r a n c e a n d t h e A m e r i c a n co lon ies , E n g l a n d a n d P r a n c e d r i f t e d i n t o o p e n c o n f l i c t i n J u n e , 1 7 7 8 . S p a i n e n t e r e d t h e w a r i n J u n e , 1 7 7 9 , o n t h e s i d e o f F r a n c e . W i t h b o t h n a t i o n s i n t h e w a r a g a i n s t G r e a t B r i t a i n , O s w a l d d u r i n g A u g u s t , 1 7 7 9 , p r e p a r e d h i s " G e n e r a l O b s e r v a t i o n s , r e l a t i v e t o t h e p r e s e n t S t a t e o f t h e W a r . " i i F o r a n " h o n o u r a b l e p e a c e , " h e c o n t e n d e d , t h e A m e r i c a n co lon ies m u s t be s e p a r a t e d f r o m F r a n c e . C o n t r a r y t o t h e o p i n i o n o f s o m e o f h i s c o u n t r y m e n , O s w a l d t h o u g h t t h e m a i n e f for ts o f t h e w a r s h o u l d be c o n t i n u e d a g a i n s t t h e co lon ies a n d n o t a g a i n s t F r a n c e , f or E n g l a n d h a d a b e t t e r c h a n c e t o t i r e F r a n c e o f t h e c on f l i c t b y e l i m i n a t i n g A m e r i c a t h a n t o r e c o v e r A m e r i c a b y a t t a c k s u p o n F r a n c e . I n t h e c o n d u c t o f t h e %\'ar, O s w a l d u r g e d t h a t t h e m a j o r B r i t i s h e f for ts s h o u l d be d i r e c t e d t o t h e s o u t h e r n co lon ies w i t h o n l y d e f e n s i v e f o r ces r e t a i n e d i n n o r t h e r n c i t i e s a n d s e a p o r t s . T o c o - o r d i n a t e c i v i l a n d m i l i t a r y a f f a i r s i n A m e r i c a , Os-w'ald r e c o m m e n d e d t h a t a C o u n c i l o f W a r be s e n t f r o m E n g l a n d c o n s i s t i n g o f " s u n d r y P e r s o n s w i t h d i r e c t i o n o f a l l e n t e r p r i s e s b j^ s e a o r l a n d . "

Ne\\'s o f t h e F r e n c h c a p t u r e o f G r e n a d a i n t h e W i n d w a r d I s l a n d s r e a c h e d E n g l a n d soon a f t e r O s w a l d h a d c o m p l e t e d t h e s e " G e n e r a l O b s e r v a t i o n s . " T h e r e f o r e h e a d d e d a t h i r t y - t h r e e p a g e " S u p p l e m e n t t o t h e P a p e r s o f A u g u s t 1 7 7 9 . " ' - ^ H i s m a i n a r g u m e n t s were d i r e c t e d a g a i n s t t h e d i v e r s i o n o f E n g l i s h t r o o p s f r o m N o r t h e r n A m e r i c a t o t h e W e s t I n d i e s e i t h e r for t h e p u r p o s e o f r e c a p t u r i n g G r e n a d a or t o a t t a c k t h e F r e n c h i n G u a d e l o u p e a n d M a r t i n i q u e . D i v e r s i o n for e i t h e r p u r p o s e m i g h t be t e m p o r a r i l y s u c c e s s f u l , b u t t h e F r e n c h c o u l d e a s i l y s t r i k e b a c k ; a n d , a c c o r d i n g t o O s w a l d , a n y E n g l i s h s u c c e s s o b t a i n e d m t h e W e s t I n d i e s w o u l d h a v e l i t t l e s i g n i f i c a n t i n f l u e n c e u p o n t h e A m e r i c a n c o l o n i e s .

O n e o f t h e m o s t e x t r a o r d i n a r y p r o p o s a l s bj^ O s w a l d w a s h i s " P l a n f o r a n a l l i a n c e w i t h R u s s i a , i n o r d e r t o c a r r y o n t h e A m e r i c a n

(10) A copy of t h i s " M e m o r a n d u m " (12 p. ) is in the T r a c y W . M c G r e g o r L i b r a r y , U n i v e r s i t y of V i r g i n i a , b u t see A p p e n d i x I I I of t l ie Xitah Report, Historical Mantiscript Commusimi, The Manuscripts of Mrs. Stopford-Sackville ( L o n d o n , 1884), p. 9 0 .

(11) These " G e n e r a l Observat ions " (72 p.) are in the W i l l i a m L . Clements L i b r a r y , A n n A r b o r , Michigan .

(121 T h i s " S u p p l e m e n t " (33 p.) is in the W i l l i a m L . Clements L i b r a r y , A n n A r b o r , Michigan.

1 2 5

W^ar . " ' - ' O r i g i n a t e d i n F e b r u a r y , 1 7 8 1 , a m i d B r i t i s h d e s p o n a e n c y o v e r t h e p r o g r e s s o f t h e \var, t h e s c h e m e w a s t o e n c o u r a g e a R u s s i a n c o n q u e s t o f " S p a n i s h s e t t l e m e n t s o n t h e c o a s t o f t h e S o u t h S e a s " a n d o f o t h e r i m p o r t a n t S p a n i s h p o s t s o n t h e m a i n l a n d s u c h a s C a l l a o a n d L i m a . O s w a l d d e l i v e r e d t h e s e p a p e r s o f F e b r u a r y i n p e r s o n t o L o r d N o r t h a n d r e p o r t e d t h a t h e w a s w e l l r e c e i v e d b y t h e P r i m e M i n i s t e r , b e i n g r e q u e s t e d t o s e n d a d d i t i o n a l i n f o r m a t i o n o n t h i s s u b j e c t .

R e p o r t s c i r c u l a t i n g i n L o n d o n t h a t n e g o t i a t i o n s for p e a c e w e r e t o be u n d e r t a k e n t h r o u g h t h e m e d i a t i o n o f R u s s i a l e d O s w a l d t o m o d i f y h i s p r o p o s a l s o f F e b r u a r y . A s a l t e r e d a n d s u b m i t t e d o n A p r i l 1 2 , 1 7 8 1 , t h e p l a n c a l l e d for a l ess d i r e c t a p p r o a c h t o R u s s i a i n o r d e r n o t t o b e " r e p u g n a n t t o t h e s u p p o s e d I m p a r t i a l i t y o f a M e d i a t o r . " I n s i n u a t i o n s o f a n E n g l i s h a t t a c k a g a i n s t t h e S p a n i s h s e t t l e m e n t s a l o n g t h e G u l f o f M e x i c o w e r e t o be m a d e t o R u s s i a , a n d a r e q u e s t w a s t o be s u b m i t t e d for five o r s i x t h o u s a n d R u s s i a n s o l d i e r s for g a r r i s o n i n g A m e r i c a n c i t i e s t o r e l ease E n g l i s h t r o o p s f o r t h e c a m p a i g n . I n d i r e c t sugges t i ons w e r e t o be m a d e o f t h e p o s s i b i l i t y o f R u s s i a n c o n q u e s t s i n C a l i f o r n i a , M e x i c o , P e r u , a n d C h i l e t h r o u g h t h e d i s p a t c h o f R u s s i a n t r o o p s f r o m K a m c h a t k a i n N o r t h - E a s t e r n A s i a . W h e n s u b m i t t i n g t h i s a l t e r e d p r o p o s a l i n A p r i l , 1 7 8 1 , O s w a l d e x p r e s s e d h i s w i l l i n g n e s s t o go i n p e r s o n t o S t . P e t e r s b u r g , s e c r e t l j ' a n d a t h i s o w n e x p e n s e , t o e x p l a i n t h e p i ' o cedure for t h e p l a n t o t h e E n g l i s h A m b a s s a d o r i n R u s s i a . H e w a s l a t e r n o t i f i e d , h o w e v e r , t h a t n o a c t i o n c o u l d be t a k e n i m m e d i a t e l y ; a n d a p p a r e n t l y n o d e f i n i t e s t e p s w e r e e v e r m a d e b y t h e B r i t i s h M i n i s t r y w i t h r e g a r d t o t h i s p l a n . O s w a l d , h o w e v e r , r e v i v e d t h i s s a m e i d e a d u r i n g t h e peace n e g o t i a t i o n s i n P a r i s i n 1 7 8 2 . F r e n c h t e r r i t o r i a l d e m a n d s a n d S p a n i s h g r e e d for G i b r a l t a r c a l l e d f o r t h t h e o l d s c h e m e w i t h m i n o r m o d i f i c a t i o n s . F r a n k l i n c o n s i d e r e d i t " a l i t t l e v i s i o n a r y , " a n d O s w a l d h i m s e l f s t a t e d t h a t " i t m a y p r o b a b l y a p p e a r t o be a v i s i o n a r y p r o j e c t . " B u t a m i d t h e d i s c o u r a g i n g n e g o t i a t i o n s a t P a r i s , O s w a l d t h o u g h t t h e p l a n c o u l d do no h a r m a n d w a s c o n v i n c e d t h a t i n f o r m a t i o n a b o u t t h e p o s s i b i l i t y o f E n g l i s h a n d R u s s i a n c o - o p e r a t i o n w o u l d l e a d F r a n c e a n d S p a i n t o c o n c l u d e a m o r e r e a s o n a b l e peace e a r l i e r t h a n c o u l d o t h e r w i s e be e x p e c t e d .

I n A u g u s t , 1 7 8 1 , O s w a l d w r o t e h i s " M e m o r a n d u m " a d v o c a t i n g t h a t t h e B r i t i s h a l t e r t h e c o n d u c t o f t h e w a r i n A m e r i c a . T h i s " M e m o r a n d u m " w a s s u p p l e m e n t e d w i t h n o t e s o n a c o n v e r s a t i o n Avith H e n r y L a u r e n s , p r i s o n e r i n t h e T o w e r o f L o n d o n , i n w h i c h O s w a l d o b t a i n e d t h e o p i n i o n o f h i s f r i e n d o n t h e s e p r o p o s a l s w i t h o u t L a u r e n s k n o w i n g t h a t O s w a l d w a s f o r m u l a t i n g p l a n s to s u b m i t

(13) T h i s " P l a n " (19 p.) is in the W i l l i a m L . Clements L i b r a r y , A n n A r b o r , Michigan . A significant c o m m e n t a r y on the " P l a n " by O s w a l d i n his " M e m o r a n d u m . . . Helat ive to the P l a n for a n alliance with Itussia " (.5 p.) is in the T r a c y W . Mc(jregor L i b r a r y , U n i v e r s i t y of V i r g i n i a .

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to the British Ministry. Also accompanying the '" Memorandum " was Oswald's sketch of the Chesapeake area along with a one-page description of its strategic value.'* Upon request from the Lord Advocate General, Henry Dundas, these papers were forwarded to him by Oswald.

With keen perception Oswald foresaw the difficulties that Lord Cornwallis might encounter in Virginia and urged his recall to the Carolinas. Reiterating his earlier theme of divide and conquer, Oswald advocated that the British concentrate their efforts in recovering the southern colonies and introduce a plan for the civilian control over the military.

Most of the basic ideas in these recommendations had been included in the " General Observations, relative to the present State of the War " of August, 1779. Whether or not Oswald wrote another separate proposal between August, 1779, and August, 1781, has not been definitely determined. I t seems likely that he did, but no such document has come to light. Whatever the case, the essence of his " Plan of Alteration " is clearly outlined in the proposals of August, 1781. The " Plan " called for the appoint­ment of a " Superintendency of Civil Direction and Authority " for individual colonies which the British hoped to break away from the colonial union. The " Superintendency " would consist of the governor and council appointed by the King and would have authority over military leaders except in details of execution of orders. The purpose of the civil authority was to take advantage of military success and to hasten restoration of colonies to British control upon the " ancient footing, as before 1763." The governor and a chief justice for the supreme court should.be sent from England, while selected local citizens should receive a mandamus from the King as councillor. Testimonies of allegiance to the British Government were to be taken at county court-houses at a designated time ; and once hostilities ceased, provisions for an elected assembly would be made bj' the governor.

There was a remarkable consistency in Oswald's recommendations relative to America. Modified only by the varied course of the war, the plans from 1775 to 1782 focused upon the southern colonies and continually emphasised the success that Britain might have by detaching one or several of these colonies. This repeated emphasis, neglecting details of the war in the North, was due in part to Oswald's greater familiarity with the area through his six years' residence in Virginia and his extensive trade with the southern

(14) The Tracy W. McGregor Library, University of Virginia, possesses tlie original of tlie " Memorandum " of August, 1781 ; " Heads of a Conversation witli Mr. Laurens " on August 14, 1781 ; and Oswald's " rough Slcetch " of tlie Cllesapeal<e Bay area with the one-page description of its strategic value. These documents are reproduced in W. Stitt Kobinson, Jun., editor, Richard Oswald's Memorandum (Cliarlottesville, Virginia, 1953).

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provinces, especially with South Carolina through Henry Laurens. His recommendations displayed a detailed knowledge of trade in the British colonies on the continent and in the West Indies. But on several occasions he overestimated the influence of economic self-interest to the exclusion of the increasing desire for political independence.

The dominant motive in Oswald's keen interest and efforts to improve the conduct of the war seems to have been one of patriotic duty. He frequently referred to the obligations he owed his country, to his concern for national welfare and prestige, and to his determination to uphold the " Honour and interest " of the nation. As a merchant he was naturally interested in expanding English trade, yet by the time of the American Revolution he possessed a comfortable fortune and had retired from most of his trading ventures. Consistent with his free trade principles, he strongly opposed special privileges for certain merchant groups, stating in a letter to Lord Shelburne on June 12, 1782, that " . . . to trace back our Wars for 60 or 70 years it would be found that half the present difficulties of the Nation were owing to Mercantile Jobs & the Selfish views & Clamours of Merchants & that I hoped our present administration would be more attentive to national distinctions. . . ." Being around seventy-five years of age, Oswald did not have the burning political ambitions of a more youthful politician, and apparently he sought little or no recognition as an adviser to the Ministry. In several of his recommendations to Lord Dartmouth in 1775 he specifically requested that no publicity be given him. For " particular reasons," which were not explained, he requested " to remain unknown in these matters," and once Oswald asked that in case excerpts were to be made from his notes, " I wish it may be done by some person who is not acquainted with my writing which I believe is known at some of the offices.

The " Memorandum " of August, 1781, called for positive steps on the part of the British Ministry. Coming during the summer of 1781, these definite proposals presented a marked contrast to the confusion and contradictions that were present in the direction of British campaigns in America, involving particularly Sir Henry Clinton, Lord Cornwallis and Lord George Germain."' Chnton, Commander-in-Chief of British Forces in North America, disapproved of the march of Cornwallis into Virginia and favoured a campaign focused upon Pennsylvania. Yet he did not order Lord Cornwallis back to the Carolinas, but issued a series of contradictory orders

(15) B. F. Stevens's Facsimiles of Manuscripts in European Archives Relating to America, 1773-1783, vol: 24 (London, 1895), nos. 2(135, 203U.

(16) For tlie dispute that arose out of the Yorlitown campaign, see Benjamin F . Stevens, editor, The Clinton-Cornwallis Controversij (London, 1888), 2 vols.

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on the disposition of troops which were confusing to Cornwal l is and failed to co-ordinate B r i t i s h operations. L o r d Cornwal l is , second-in-command w i t h a commission providing for his advance­ment i n case of the disabi l i ty or death of Cl inton, had made his own decision to march to V i rg in ia . H a v i n g concluded that the southern colonies could not be subdued without B r i t i s h control of V i r g i n i a , Cornwall is moved to the Old Dominion w i t h plans to wage a n offensive war . L o r d George Germain , who as Secretary of State for the Colonies attempted to control a l l operations from London , sided w i t h CornwalUs, antagonised Cl inton, and issued contradictory orders to the two Generals approving both t h e k plans. A m i d th i s confusion General Washington, w i t h aid from the F r e n c h fleet under A d m i r a l de Grasse, forced the capitulation of Cornwall is at Y o r k t o w n on October 19, 1781. Cl inton 's efforts to relieve Cornwall is by sea Avere five days too late .

H a d Oswald's recommendations of August , 1781, been proposed and accepted ear ly enough to have ordered L o r d Cornwall is back to the Carol inas, Y o r k t o w n would have been prevented. Oswald's w a r would then have concentrated on breaking away the southern colonies, begimiuig w i t h Georgia and South Carol ina. W i t h exposed outposts abandoned and " useless," expensive m i l i t a r y excursions el iminated, a cautious w a r w i t h concentrated forces controlled hj c iv i l author i ty would have been prosecuted.

Oswald's proposals for restricted campaigns were sound. T h i s concentration of troops i n l imited areas w i t h security provided by the establishment of c i v i l author i ty would have come nearer to the real isation of the strong loyal ist support expected by the B r i t i s h . Such a p lan did , however, eliminate the possibil ity of a n immediate and decisive blow against the colonies ; and l ike several other E n g l i s h proposals, i t overestimated the number of loyalists wi l l ing to take a stand for the K i n g . Oswald's recommendations re lat ive to the strategic value of Portsmouth and its a id i n maintaining control of Chesapeake B a y were also we l l founded.

A n y attempt to evaluate the extent to which Oswald 's proposals influenced B r i t i s h decisions relat ive to Amer i ca is hindered by the diff iculty, i f not impossibil ity, of analysing accurately the responsibil ity for B r i t i s h policy shared by the K i n g , the Cabinet, and the Secretary of State for the Colonies. Whatever the extent of their influence, Oswald's plans present interesting and original ideas on the conduct of the war . T h e y reveal a significant phase of Oswald's career, and they contribute to a better understanding of Oswald's action as a peace commissioner i n 1782.

Oswald's role as peace negotiator was occasioned i n part b y his friendship w i t h L o r d Shelburne which was in i t iated by a letter of introduction from A d a m S m i t h , a fellow Scotsman. B o t h adhered

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to S m i t h ' s laissez-faire doctrine of free trade and abolition of monopolies. Upon the downfall of the Nor th Minis try i n March , 1782, Shelburne declined the offer to estabUsh a new government under his own name, but aided the K i n g i n forming a new min is t ry under the W h i g L o r d Rock ingham. Significant changes were made i n the organisation of the government. T h e office of Secretary of State for the Colonies, previously held by L o r d George Germain , was abolished. L o r d Shelburne became Secretary of State of the Home Department , which replaced the old Southern Department and included jurisdict ion over domestic, I r i s h , and colonial affairs. Charles J a m e s F o x became Secretary of State of the Fore ign Department, which replaced the old Northern Depart ­ment and assumed jurisdict ion over a l l foreign affairs.

P lans for discussion of peace i n 1782 were set i n motion b y B e n j a m i n F r a n k l i n ' s note of March 21 to L o r d Shelburne, expressing the hope that recent votes in the Commons disapproving of continuation of the Amer i can war might bring about a general peace. T o begin informal negotiations in P a r i s , Shelburne picked R i c h a r d Oswald. T h i s selection was designed to appeal to F r a n k l i n . Oswald shared the latter ' s free trade commercial v iews ; he possessed a " philosophic disposition " ; and he had previously had a l imited acquaintance and correspondence w i t h F r a n k l i n . B e n j a m i n Vaughan, a friend of both Shelburne and F r a n k l i n and a secret agent of the former during peace negotiations, c laimed credit for urging the selection of Oswald. A s stated by Vaughan , the position demanded a " negotiator acquainted w i t h mercantile & mi l i ta ry affairs ; yet few of the Eng l i sh merchants had seen at once Amer i ca & a n a r m y . " Considering Oswald a fortunate choice, Vaughan praised h i m as a man of " original ideas," w i t h the necessary experience to temper them ; a man, i f lacking the " f i n i s h of a philosopher," yet possessing" the strength & s impl ic i ty of conception, the candour, & the habits of meditation, which at tach to tha t character " ; a modest m a n of great patience and generosity w i t h a " l iberal and yielding " temper ; and a m a n " versed i n the world " who was quick to inspire confidence.

F o r his meeting w i t h F r a n k l i n , Oswald took along letters of recommendation from both L o r d Shelburne and H e n r y L a u r e n s . Shelburne described Oswald as an honest and " pacifical m a n , " who " is fu l ly appriz 'd of m y M i n d , " whUe Laurens endorsed h i m as " a Gentleman of the strictest candour and integrity . . . disinterestedly engaged" i n his mission from " motives of benevolence." F r a n k l i n received Oswald i n P a r i s on A p r i l 12. Of necessity conversations were informal . Oswald was not authorised to open formal negotiations and F r a n k l i n made i t clear

(17) B e n j a m i n V a u g h a n to J a m e s Monroe, Sept . 18. 171)5, T h e .Monroe I 'a i jers , L i b r a r v of Congress (Washington, D.C.).

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that definite action would have to be postponed until the additional American commissioners—John Adams, John J a y , and Henry Laurens'*—could be sununoned to Paris. Franklm also indicated that negotiations must be made in conjunction with the allies of the American colonies, and he arranged to introduce Oswald to Vergennes, French Minister of Foreign Affairs.

Franklin was favourably impressed with Oswald as a negotiator and described him as a man with an " Air of great Simplicity and Honesty." He " appears so good and so reasonable a Man," Franklin added, that " I should be loth to lose " him. After several meetings, Oswald returned to England to confer with Shelburne, taking with him Franklin's suggestions that England cede Canada to the United States and that Oswald be continued as the English negotiator. I n line with Franklin's request, the Cabinet on April 23, 1782. authorised Oswald to return to Paris to arrange the time and place for formal jjeace discussions.

English negotiations were comphcated during the Rockingham Ministry by the antagonism of the two rival Secretaries, Shelburne and Fox. Shelburne, claiming that the colonies were under his jurisdiction as Home and Colonial Secretary, had Oswald as his representative ; while Fox as Foreign Secretary sent Thomas Grenville to parley with both the French and Americans. The jealousy of the two secretaries extended to their agents in Paris. But the death of Lord Rockingham on Ju ly 1, 1782, led to significant changes. Shelburne became Prime Minister ; Fox resigned and along with him Thomas Grenville. Under the new ministry the business of peace in America A\-as the busmess of the Home and Colonial Secretary with Shelburne as Prime Minister controlling negotiations. Thomas Townshend accepted the position of Secretary of •State for Home and Colonial Affairs with Oswald being contumed in Paris to carry on the American negotiations. Lord Grantham became the new Secretary of State for Foreign Affairs with Alleyne Fitzherbert replacing Grenville in Paris to negotiate with the allies of America.

(18) T h o m a s Jefferson was original ly selected as a peace coniniissioiicr, but d id not- serve . H e n r y L a u r e n s delayed his a r r i v a l in P a r i s unt i l two days before the p r e l i m i n a r y art ic les of peace were concluded.

(18) Oswald 's correspondence as a peace coniniissioncr m a y be found in " Oswald ' s . fournal " in the F r a n k l i n P a p e r s , L i b r a r y of Congress (Washington, D . C ) , 1st series, vol . 12, w h i c h is a t r a n s c r i p t from vo l . 70 of the S h c l b u r n e ( L a n s d o w n e ) P a p e r s now i n the W i l l i a m L . Clements L i b r a r y , A n u A r b o r , Michigan. Some of these papers are calendared in the A p p e n d i x of the Fifth lieport of the Royal Commission on Historical Manuscripts ( L o n d o n , 1876), P a r t I , p. 239-242. O t h e r correspondence either b y Oswald or pertaining to h i m as a peace negotiator m a y be found i n F r a n c i s W h a r t o n , editor, The lievolutioimry Diplomatic CorresponOence of the United States ( W a s h i n g t o n , 1889), vo l . 1 , p. 649 a n d vo l . 6 ; A l b e r t H . S m y t h , editor. The Writings of benjamin Franklin (New Y o r k , 1906-07), vols. 8 - 1 0 ; S i r J o h n F o r t e s c u e , editor , The Correspmulence of King George the Third from neo to December, I'fi:! ( L o n d o n , 1928), vols. 5 and 6 ; a n d L o r d J o h n l l u s s e l l , editor. Memorials and Correspondence of Charles James Fox ( L o n d o n , 1853), vols. 1 a n d 2.

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On Ju ly 25, 1782, the King ordered a commission for OsAvald, authorising him to negotiate formally with " any commissioner or commissioners " of the American " colonies or plantations." When a copy of this commission reached France, J a y objected to the wording " colonies or plantations," which failed to acknowledge the independence and sovereignty of the United States. J a y at first insisted strongly on preliminary recognition of independence, but was finally satisfied with Oswald's new commission™ of September 21, which referred to the colonies as the "Thirteen United States of America." About one month before the preliminary treaty was completed, Henry Strachey, Under-Secretary of State in the Home Department, joined Oswald in Paris to aid in a final effort to get favourable provisions relative to losses suffered by loyalists and to debts still owed to British merchants.

Suspicion of French and Spanish demands led the American negotiators to arrange separate terms with Britain on the condition that the preliminary agreements would not be effective until France made peace with England. The preUminary articles concluded on November 30,1782, were signed by Richard Oswald for Great Britain and by John Adams, Franklin, J a y , and Henry Laurens for the United States. With practically no alterations these preliminary articles were incorporated into the definitive treaty of September 3, 1783. The peace acknowledged the independence of the thirteen United States with favourable boundary provisions, gave to the United States essentially the same fishing privileges in America as the British with permission for drying and curing fish in designated areas, promised that British creditors should " meet with no lawful impediment " in recovering debts, and provided for Congress to " earnestly recommend" to the States the restoration of confiscated property of the loyalists.

The Anglo-American preliminary articles met stringent criticism in England. Both Shelburne and Oswald received scathing attacks from opponents of the Shelburne Ministry. The Duke of Richmond urged the recall of Oswald, charging that he " plead only the Cause of America, not of Br i ta in . " A motion of censure of the articles was made in Parliament and carried 207 to 190, whereupon Shelburne and his cabinet resigned on February 24, 1783.

Part of the responsibility for the terms of the treaty favourable to America can be assigned to Oswald. He had not opposed Franklin 's suggestion that England cede Canada to the United States, and even at times had advocated it . His recommendations

(20) T h e originals of the two commissions issued i n A u g u s t a n d S e p t e m b e r , 1782, b y K i n g George I I I . to U i c h a r d O s w a l d to negotiate peace are now i u the L i b r a r y of the A m e r i c a n Phi losophical Society , P h i l a d e l p h i a , P e n n s y l v a n i a . F o r a c o m m e n t a r y on these two documents , see W i l l i a m E . L i n g c l b a c h , " Notable L e t t e r s a n d P a p e r s , " Proceedings of the American Philosophical Societi/, v o l . 95, no. 3 ( J u n e 12, 1951).

for concessions relative to boundaries and fishing rights brought even from L o r d Shelburne words of caution. I n a pr ivate letter of October 20, 1782, Shelburne wrote

. . . I f ind i t difficult, i f not impossible, to enter into the policy of a l l that you recommend upon the subject, both of the fishery and the boundaries, and of the principle which y o u seem to have adopted of going before the commissioners i n every point of favour and confidence. T h e m a x i m is not only new i n a l l negotiations, but I consider i t as no w a y adapted to our present circumstances, but as d iametr ica l ly opposite to our interest i n the present moment.'^i

Shelburne himself, however, later agreed to these same concessions ; and after the downfall of his min i s t ry , i t s successor, the F o x - N o r t h coalition, was unable during s ix months of negotiations to improve the pre l iminary articles i n the interest of B r i t a i n . T h e U n i t e d States profited by the fact tha t once L o r d Shelburne and Oswald had conceded the recognition of independence, both ant ic ipated, i n behalf of B r i t a i n , favourable commercial relations and l ibera l reciprocal rights w i t h the new nation. Other factors contributing to the success of the treaty for the U n i t e d States were B r i t a i n ' s efforts to separate Amer i ca from her a l ly , F r a n c e ; the necessity for B r i t a i n to negotiate simultaneously w i t h Spa in , H o l l a n d and F r a n c e ; and finally the astute negotiations on the part of F r a n k l i n , J a y , and J o h n Adams.

T h e name of R i c h a r d Oswald appears as the official signature only on the pre l iminary peace of November, 1782, not on the definitive treaty of September, 1783. W h e n the Shelburne Min i s t ry resigned i n F e b r u a r y , 1783, D a v i d H a r t l e y replaced Oswald , who then returned to his comfortable estate of Auchincru ive i n A y r s h i r e , where he died i n 1784.'-- Al though the signature of Oswald does not appear on the final t reaty , the impr int of his diplomatic labours is clearly wr i t ten on the Anglo-American terms of agreement.

(21) C i t e d i n J o h n B a s s e t t Moore, A Digest oj Internatwnai Lam ( W a s h i n g t o n , 1900), v o l . 6, p. 639.

(22) R i c h a r d Oswald ' s W i l l is i n the G e n e r a l I leg is ter House , E d i n b u r g h , inc luding his will a n d testament , disposition, assignation, a n d tailzie In the Regis ter of Deeds , vo l . 236 ( . luly l - l ) e c . 3 1 , 1781), p. 687 -91 , 731-47, 817(6) -871.

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A u c h i n c r u i v e H o u s e B Y J A M E S KIRKWOOD, O . B . E .

T h e estate of Auchincru ive was owned successively by tl ie Wal laces (-1374, the Cathcarts (-1758), a Mr. J a m e s M u r r a y (-1764), and the Oswalds (-1925). I t s policy grounds, woodlands and mansion house were purchased i n 1925 by the late Mr. J o h n H a n n a h of G i r v a n Mains and gifted by h i m tAvo j-ears later to the West of Scot land Agr i cu l tura l College. Since 1931 it has served as a centre for agri ­cu l tura l education and advisory work and its mansion house was used as a women's hostel.

T h a t there were earlier mansion houses, there can be no doubt. S i r D u n c a n Wal lace , the last of his l ine, had strong local connexions and it is not improbable tha t at times he l ived at Auch incru ive before acquiring near-by S u n d r u m estate, the castle of wh i ch became his u l t imate domicile. Not u n t i l 1532, however, is a house specificE^Uy mentioned, and then i n a charter granted to the second L o r d Cathcar t . I t is again on record i n 1541 when the t h i r d L o r d Cathcart , following a period of resignation, had the charter restored i n recognition of his services to J a m e s V . I n tl ie latter case the house was described as a " caste l l , " but there is reason to question the aptness of this t i t le and certainly, fu l ly ha l f a century later , T i m o t h y Pont , the noted cartographer, gave it no such prominence in his map of the area .

T h e fifth L o r d Cathcart died at Auchi i i cruive in 1G28, thus confirming the existence of a mansion house at this later date. I t seems not unl ikely , however, i n v iew of the greater importance of S u n d r u m Castle, tha t Auchincruive was i n the main reserved for the use of cadet members of the fami ly .

S i r W i l l i a m F r a s e r , the emine ntnineteenth-century biographer, states i n the " L e n n o x , " a production embodying, inter alia, researches into the lineage of the Oswalds, that the present mansion house was completed i n 1767 and that " it occupies the site of the former mansion house which was destroyed by fire about the middle of the (18th) c entury . " I n the light of recent evidence the implication of this statement, namely t h a t the present house rose, w i th in a few years, from the ashes of the manor house referred to is unacceptable, it being wow established from a copy of a deed of sale of 1758, entered into between the Commissioners of the 9 th L o r d Cathcart , acting on his Lordship 's behalf, and J a m e s M u r r a y of Broughton, the then purchaser of S u n d r u m and Auchincru ive , tha t the latter estate possessed a " Tower Forta l i ce Mannor P l a c e . " T h i s manor place, it m a y reasonably be assumed, was the immediate forerunner of the present mansion house. A s for the old manor house mentioned by S i r W i l l i a m F r a s e r , not improbably it was