until I should be informed by Mr. Jay, that you were well enough to see me upon business.

I heartily wish you a recovery of your health, and

quarrel with the people of the New England governments. An explanation was still the less necessary, as a question on the same subject would come under our consideration in our treaty with France. In the determination of this last point, perhaps it may be no loss to Great Britain, that the Americans are (with respect to the fishing part) admitted to an equal privilege with the French." MS. Letter.

From Richard Oswald to Thomas Townshend.-"Two days ago Dr. Franklin sent to me, desiring a copy of the instructions, which I had promised. I copied out the first part of your letter of the 1st instant, leaving out some immaterial words, and sent it enclosed in a letter from myself, of both of which papers there is a duplicate under this cover. Since then, I have seen Mr. Jay frequently, and have used every argument in my power to get him over his objections to treating without a separate and absolute acknowledgment of independence. And for that purpose I found it necessary, although unwillingly, yet of my own private opinion, to tell him, that there might be a doubt whether the powers in the Act of Parliament went so far as to allow of making that grant, otherwise than as in the course of a treaty for peace, which, as you are pleased to observe, was the sole object of the Act.

"I said, moreover, that, if they still persisted in this demand, there could be nothing done until the meeting of Parliament, and perhaps for some considerable time thereafter; that certain articles had been already agreed upon, and, if we went on and settled the treaty on that footing, with independence standing as the first article of it, we might give opportunity to the foreign treaties to be going on at the same time; so as, for a conclusion of a general peace, there might be nothing wanting, at the meeting of Parliament, but a confirmation of the first article, in case it should be then thought necessary; which I imagined would not be the case.

"To avoid being tedious, I forbear repeating a great many more things to the same purpose, which passed in those conversations with Mr. Jay. Dr. Franklin being so much out of order, I could not think of disturbing him by frequent visits to Passy, and therefore continued taking proper opportunities of talking to Mr. Jay; and the more readily, that, by any judgment I could form of his real intentions, I could not possibly doubt of their pointing directly at a speedy conclusion of the war, and also leaning as favorably to the side of England, as might be consistent with the duties of the trust he has undertaken.

"To convince me, that nothing less than this stood in the way of agreeing to my request of accommodating this difficulty in some shape or other, he told me at last, if Dr. Franklin would consent, he was willing, in place of an express and previous acknowledgment of inde

am, with sincere esteem and regard, Sir, your most obedient humble servant,

RICHARD OSWALD.

pendence, to accept of a constructive denomination of character, to be introduced in the preamble of the treaty, by only describing their constituents as the Thirteen United States of America. Upon my appearing to listen to this, and to consent to the substitution, he said, 'But you have no authority in your commission to treat with us under that denomination; for the sundry descriptions of the parties to be treated with, as they stand in that commission, will not bear such application to the character we are directed to claim and abide by, as to support and authenticate any act of your subscription now proposed. There is such a variety of denominations in that commission, that it may be applied to the people you see walking in the streets, as well as to us.'

"When, in reply, I imputed that variety to the official style of such papers, Mr. Jay said it might be so, but they must not rest a question of that importance upon any such explanation; and since they were willing to accept of this, in place of an express declaration of independence, the least they could expect was, that it should appear to be warranted by an explicit authority in that commission. I then asked, if, instead of 'States,' it would not do to say 'Provinces'; or 'States or Provinces.' Mr. Jay said neither of these would answer. I then begged the favor of him to give me in writing some sketch of the alteration he would have to be made in the commission. He readily did so, in a minute which is enclosed; to be more largely explained if necessary, when the commission comes to be made out. He also said, that this new commission must be under the great seal, as the other was.

"Doubting, as to the propriety of giving such things in writing, I thought it was best to go out to Dr. Franklin's, carrying the instructions along with me, to see whether a reading of that article could not satisfy him. But, after reading it, as he still expressed a desire of having a copy, I told him, that although I had no order to that purpose, yet, at any hazard whatsoever, since he desired it, I would not scruple to trust it in his hands. And I then sat down and wrote out a copy, and signed it, which, after comparing it with the original, he laid by, saying very kindly, that the only use he proposed to make of it was, that, in case they took any liberties for the sake of removing difficulties, not expressly specified in their instructions, he might have this paper in his hands to show in justification of their confidence, or some words to that purpose; for I cannot exactly quote them. The Doctor then desired I would tell Mr. Jay he wished to see him in the evening. He did go out again that night, and again this morning; no doubt with a view of agreeing upon an expedient for removing those obstacles to their proceeding, as hinted at in the Doctor's letter to me.

"At noon, and since writing the above, Mr. Jay called and told me,

SIR,

TO RICHARD OSWALD.

Passy, 8 September, 1782.

I have received the honor of yours, dated the 5th instant, enclosing an extract of a letter to your Excellency, from the Right Honorable Thomas Townshend,

that, upon further consultation and consideration of the matter, it was thought advisable not to press upon his Majesty's ministers those arguments, which he proposed to make in the letter he intended to write to me (and which it was understood I might send home), as considering it somewhat more than indelicate for them to pretend to see more clearly, than the King's ministers might do, the expediency if not the necessity, at this critical time, of deciding with precision and despatch upon every measure, that can be reasonably taken for extricating Great Britain out of her present embarrassing situation, in which her affairs must continue to be involved while there remains any hesitation in coming to an agreement with the States of America.

"There only remained for me to ask a single and final question of Mr. Jay, whether, in his last conference with the Doctor (for he was just then come in from him), it was settled between them, that, upon my receiving from his Majesty a new commission, under the great seal, such as the last, with an alteration only as before mentioned, of my being empowered to treat with them as Commissioners of the Thirteen United States of America, naming the said States by their several provincial distinctions, as usual; I said, whether in that case, they would be satisfied to go on with the treaty, and without any other declaration of independence, than as standing as an article in that treaty. Mr. Jay's answer was, that with this they would be satisfied, and that immediately upon such commission coming over they would proceed in the treaty. And more than that,' he said, 'they would not be long about it; and perhaps would not be over hard upon us in the conditions."" -Paris, September 10th. MS. Letter.

The "instruction," alluded to at the beginning of the above extracts from Mr. Oswald's letter, and also in Dr. Franklin's letter of September 8th, is as follows.

"Article IV. In case you find the American Commissioners are not at liberty to treat on any terms short of independence, you are to declare to them, that you have authority to make that concession; our ardent wish for peace, disposing us to purchase it at the price of acceding to the complete independence of the Thirteen Colonies, namely, New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the Three Lower Counties on

one of his Majesty's principal secretaries of state, wherein your conduct in communicating to us the fourth article of your instructions appears to have been approved by his Majesty. I suppose, therefore, that there is no impropriety in my requesting a copy of that instruction; and if you see none, I wish to receive it

the Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, in North America."

From Thomas Townshend to Richard Oswald. "I am commanded to signify to you his Majesty's approbation of your conduct, in communicating to the American Commissioners the Fourth Article of your Instructions, which could not but convince them, that the negotiation for peace, and the cession of independence to the Thirteen United Colonies, were intended to be carried on, and concluded with the Commissioners in Europe. Those gentlemen having expressed their satisfaction concerning that article, it is hoped they will not entertain a doubt of his Majesty's determination to exercise in the fullest extent the powers with which the Act of Parliament has invested him, by granting to America full, complete, and unconditional independence, in the most explicit manner as an article of treaty."- Whitehall, September 1st. MS. Letter.

"When the privilege

From Thomas Townshend to Richard Oswald. "I received on Sat. urday last your packets of the 10th and 11th of this month. A meeting of the King's confidential servants was held as soon as possible to consider the contents of them; and it was at once agreed to make the alteration in the commission proposed to you by Mr. Jay. I trust that the readiness, with which this proposal was accepted, will be considered as an ample testimony of the openness and sincerity with which the government of this country is disposed to treat with the Americans." Whitehall, September 20th. MS. Letter. From Richard Oswald to Thomas Townshend.· of fishing was asked by Dr. Franklin in August, drying the fish in Newfoundland was not mentioned, particularly, and I did not think it proper to appear so attentive and tenacious of such like indulgences, as to ask any questions about it. And when lately demanded, although I objected, yet I did not insist for the same reason. And now, although Mr. Jay seems not positively to say that the privilege is indispensable, yet I own I wish much that it may not be considered in England as a matter of such consequence, as to occasion a claim to exception; for, to tell the truth, when Dr. Franklin stated the privilege of fishing, I suspected drying was included, though not mentioned. Otherwise I should have wondered at his asking our leave for the Americans catching fish in the open seas, so near their own coasts, and wrote so in my letters at the time."-Paris, October 11th. Letter.

MS.

from you, hoping it may be of use in removing some of the difficulties that obstruct our proceeding. With great and sincere esteem, I am, Sir, &c.

B. FRANKLIN.*

DEAR SIR,

TO SIR JOSEPH BANKS.

Passy, 9 September, 1782.

I have just received the very kind, friendly letter you were so good as to write to me by Dr. Broussonnet. Be assured, that I long earnestly for a return of those peaceful times, when I could sit down in sweet society with my English philosophical friends, communicating to each other new discoveries, and proposing improvements of old ones; all tending to extend the power of man over matter, avert or diminish the evils he is subject to, or augment the number of his enjoyments. Much more happy should I be thus employed in your most desirable company, than in that of all the grandees of the earth projecting plans of mischief, however necessary they may be supposed for obtaining greater good.

I am glad to learn by the Doctor that your great

It appears by the following note to Dr. Franklin, that Mr. Hartley was likewise at this time in Paris.

"MY DEAR FRIEND,

"Hôtel d'Yorck, 7 September, 1782.

"I beg of you not to forget your letter to Mr. Fox. The purpose of my journey to England will be, to do the best in my power for things and persons, and particularly for my friends. If you have any other private letters, send them to me; I will deliver them. I hope likewise to be personally charged with the answers. I am better this morning, and shall certainly set out very early to-morrow morning. Pray give my best compliments to Mr. and Mrs. Jay, and Mr. Temple Franklin, I wish you all health till I have the pleasure of seeing you again. Your ever most affectionate friend,

"D. HARTLEY."

VOL. IX.

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