letter. The original in French I have not seen, and at present is not
accessible to me, though I shall endeavor to get a copy of it, in
order the better to decide on the correctness of the translation. I am
not at liberty to mention the manner in which this paper came to my
hands. To me it appears of importance, that it should for the present
be kept a profound secret, though I do not see how that is to be
done, if communicated to the Congress at large, among whom there
always have been and always will be, some unguarded members. I think,
however, as I thought before, that your Commissioners here should be
left at liberty to pursue the sentiments of their country, and such of
their own as may correspond with those of their country.
I am persuaded (and you shall know my reasons for it) that this Court
chooses to postpone an acknowledgment of our independence by Britain,
to the conclusion of a general peace, in order to keep us under their
direction, until not only their and our objects are attained, but also
until Spain shall be gratified in her demands, to exclude everybody
from the Gulf, &c. We ought not let France know, that we have such
ideas. While they think us free from suspicion they will be more open,
and we should make no other use of this discovery than to put us on
our guard. Count de Vergennes would have us treat with Mr Oswald,
though his commission calls us colonies, and authorises him to treat
with any description of men, &c. In my opinion we can only treat as an
independent nation, and on an equal footing. I am at present engaged
in preparing a statement of objections in a letter to him, so that I
have not time to write very particularly to you. The Spanish
Ambassador presses me to proceed, but keeps back his powers. I tell
him that an exchange of copies of our commissions is a necessary and
usual previous step. This Court, as well as Spain, will dispute our
extension to the Mississippi. You see how necessary prudence and
entire circumspection will be on your side, and if possible secrecy. I
ought to add, that Dr Franklin does not see the conduct of this Court
in the light I do, and that he believes they mean nothing in their
proceedings, but what is friendly, fair, and honorable. Facts and
future events must determine which of us is mistaken. As soon as I can
possibly have time and health to give you details, you shall have
them. Let us be honest and grateful to France, but let us think for
ourselves.
With great regard and esteem, I am, &c.
JOHN JAY.
* * * * *
ROBERT R. LIVINGSTON TO JOHN JAY.
Philadelphia, September 18th, 1782.
Dear Sir,
Since closing the despatches you will receive with this, I was honored
with yours of June. Nothing material having since occurred, I only
write to enclose the annexed resolutions of Congress, on the subject
of your powers for negotiating. I see by yours, that you entertain no
hope of a speedy termination of that business, even though you were
then unacquainted with the change, that has since taken place in the
administration, and which renders peace a more remote object. It has
certainly wrought a great change here. The state of negotiations we
are yet to learn, as neither you nor the Doctor have entered into that
subject.
I hope my despatches by Mr Laurens, with the cyphers under his care,
have reached you in safety, as very few either of your or Dr
Franklin's letters, passed through the channel through which I usually
receive them, come to me uninspected. Be pleased to acknowledge the
receipt of my letters, that I may know which have reached you.
I am, Dear Sir,
ROBERT R. LIVINGSTON.
* * * * *
TO ROBERT R. LIVINGSTON.
Paris, September 28th, 1782.
Dear Sir,
I have only time to inform you, that our objections to Mr Oswald's
first commission have produced a second, which arrived yesterday. It
empowers him to treat with the commissioners of the _Thirteen United
States of America_. I am preparing a longer letter on this subject,
but as this intelligence is interesting, I take the earliest
opportunity of communicating it.
With great regard and esteem, I am, &c.
JOHN JAY.
* * * * *
TO ROBERT R. LIVINGSTON.
Paris, October 13th, 1782.
Dear Sir,
I hope my letter to you of the 18th of September, of which I also sent
a duplicate, has come safe to hand, for it contained important matter,
viz. a copy of a letter from M. Marbois to the Count de Vergennes,
against our sharing in the fishery.
This Court advised and persuaded us to treat with Mr Oswald under his
first commission. I positively refused.
Count d'Aranda will not or cannot exchange powers with me, and yet
wants me to treat with him; this Court would have me do it, but I
decline it.
I would give you details, but must not until I have an American to
carry my letters from hence.
Mr Oswald is well disposed. You shall never see my name to a bad
peace, nor to one that does not secure the fishery.
I have received many long letters from you, which I am as busy in
decyphering as my health will permit.
M. de Lafayette is very desirous to give us his aid; but as we have a
competent number of Commissioners, it would not be necessary to give
him that trouble.
I am, Dear Sir, with great esteem and regard, your most obedient
servant,
JOHN JAY.
_P. S._ General du Portail is to be the bearer of this. I believe he
goes by order of the Court.
* * * * *
TO ROBERT R. LIVINGSTON.
Paris, November 17th, 1782.
Dear Sir,
Although it is uncertain when I shall have an opportunity either of
finishing or transmitting the long particular letter, which I am now
undertaking to write, I think the matter it will contain is too
interesting to rest only in my memory, or in short notes, which nobody
but myself can well unfold the meaning of. I shall, therefore, write
on as my health will permit, and when finished, shall convey this
letter by the first prudent _American_ that may go from hence to
Nantes or L'Orient.
My reception here was as friendly as an American Minister might expect
from this polite and politic Court; for I think they deceive
themselves, who suppose that these kinds of attentions are equally
paid to their private, as to their public characters.
Soon after the enabling act was passed, I was shown a copy of it, and
I confess it abated the expectations I had formed of the intention of
the British Ministry to treat in a manly manner with the United
States, on the footing of an unconditional acknowledgment of their
independence. The act appeared to me to be cautiously framed to elude
such an acknowledgment, and, therefore, it would depend on future
contingencies, and on the terms and nature of the bargain they might
be able to make with us.
Mr Grenville, indeed, told the Count de Vergennes, that his Majesty
would acknowledge our independence unconditionally, but, on being
desired to commit that information to writing, he wrote that his
Majesty was _disposed_ to acknowledge it. This had the appearance of
finesse.
About this time, that is, in June last, there came to Paris a Mr
Jones[3] and a Mr Paradise, both of them Englishmen, the former a
learned and active constitutionalist. They were introduced to me by Dr
Franklin, from whom they solicited recommendations for America. The
story they told him was, that Mr Paradise had an estate in the right
of his wife in Virginia, and that his presence there had been rendered
necessary to save it from the penalty of a law of that State,
respecting the property of absentees. Mr Jones said he despaired of
seeing constitutional liberty re-established in England, that he had
determined to visit America, and in that happy and glorious country to
seek and enjoy that freedom, which was not to be found in Britain. He
spoke in raptures of our patriotism, wisdom, &c. &c. On speaking to me
some days afterwards of his intended voyage, he assigned an additional
reason for undertaking it, viz. that his long and great friendship for
Mr Paradise had induced him to accompany that gentleman on an
occasion, which, both as a witness and a friend, he could render him
most essential services in Virginia.
I exchanged three or four visits with these gentlemen, and, in the
meantime, was informed that Mr Jones was a rising character in
England, that he had refused a very lucrative appointment in the
Indies, and had by his talents excited the notice of men in power.
In conversing one morning with this gentleman on English affairs, he
took occasion to mention the part he had taken in them, and, at
parting, gave me two pamphlets he had published.
The first was a second edition of "An Inquiry into the Legal Mode of
Suppressing Riots, &c." first published in 1780, to which was added,
"A Speech on the Nomination of Candidates to Represent the County of
Middlesex, on the 9th of September, 1780." And this second edition
contained also a letter, dated the 25th of April, 1782, from Mr Jones
to Mr Yeates, the Secretary to the Society for Constitutional
Information, of which Mr Jones is a member. The other was a Speech to
the assembled Inhabitants of Middlesex and Surry, &c. on the 28th of
May, 1782.
As it appeared to me a little extraordinary that a gentleman of Mr
Jones's rising reputation and expectations should be so smitten with
the charms of American liberty, as "to leave all, and follow her," I
began, on returning to my lodgings, to read these pamphlets with a
more than common degree of curiosity, and I was not a little surprised
to find the following paragraphs in them.
In his letter to Mr Yeates of last April, he says, "my future life
shall certainly be devoted to the support of that excellent
constitution, which it is the object of your society to unfold and
elucidate, and from this resolution long and deliberately made, no
prospects, no connexions, no station here or abroad, no fear of
danger, or hope of advantage to myself, shall ever deter or allure
me."
He begins his essay on suppressing riots, by saying, "It has long been
my opinion, that in times of national adversity, those citizens are
entitled to the highest praise, who, by personal exertions and active
valor, promote, at their private hazard, the general welfare."
In his speech of last April, are these paragraphs; in the first,
speaking of his being sick, he says, "It would prevent my attendance,
for in health or in sickness I am devoted to your service. I shall
never forget the words of an old Roman, Ligarius, who, when the
liberties of his country were in imminent danger, and when a real
friend to those liberties was condoling with him on his illness at so
critical a time, raised himself from his couch, seized the hand of his
friend, and said, if you have _any business worthy of yourselves, I am
well_."
"Since I have risen to explain a sudden thought, I will avail myself
of your favorable attention, and hazard a few words on the general
question itself. Numbers have patience to hear, who have not time to
read. And as to _myself, a very particular and urgent occasion, which
calls me some months from England_, will deprive me of another
opportunity to communicate my sentiments, until the momentous object
before us shall be made certainly attainable through the concord, or
forever lost and irrecoverable, through the disagreement of the
nation."
To make comments on these extracts would be to waste time and paper.
On reading them, I became persuaded that Mr Paradise and American
liberty were mere pretences to cover a more important errand to
America, and I was surprised that Mr Jones's vanity should so far get
the better of his prudence, as to put such pamphlets into my hands at
such a time.
I pointed out these extracts to Dr Franklin; but they did not strike
him so forcibly as they had done me. I mentioned my apprehensions also
to the Marquis de Lafayette, and I declined giving any letters either
to Mr Paradise or to Mr Jones.
I am the more particular on this subject, in order that you may the
better understand the meaning of a paragraph in my letter to you, of
the 28th of June last, where I inform you, "that, if one may judge
from appearances, the Ministry are very desirous of getting some of
their emissaries into our country, either in an avowed or in a private
character; and, all things considered, I should think it more safe not
to admit any Englishman in either character within our lines at this
very critical juncture."
Mr Jones and Mr Paradise went from hence to Nantes in order to embark
there for America. Some weeks afterwards I met Mr Paradise at Passy.
He told me Mr Jones and himself had parted at Nantes, and that the
latter had returned directly to England. How this happened I never
could learn. It was a subject on which Mr Paradise was very reserved.
Perhaps the sentiments of America, on General Carleton's overtures,
had rendered Mr Jones's voyage unnecessary; but in this I may be
mistaken, for it is mere conjecture.
On the 25th of July, 1782, the King of Great Britain issued a
warrant,[4] or order, directed to his Attorney or Solicitor-General.
A copy of this warrant was sent by express to Mr Oswald, with an
assurance that the commission should be completed and sent him in a
few days. He communicated this paper to Dr Franklin, who, after
showing it to me, sent it to the Count de Vergennes. The Count wrote
to the Doctor the following letter on the subject.
Translation.
"I have received, Sir, the letter of today, with which you have
honored me, and the copy of the powers, which Mr Oswald communicated
to you. The form in which it is conceived, not being that which is
usual, I cannot form my opinion on the first view of it. I am going to
examine it with the greatest attention, and, if you will be pleased to
come here on Saturday morning, I shall be able to confer about it with
you and Mr Jay, if it should be convenient for him to accompany you.
"I have the honor to be, &c.
DE VERGENNES.
"_Versailles, August 8th, 1782._"
On the 10th of August, we waited upon the Count de Vergennes, and a
conference between him and us, on the subject of Mr Oswald's
commission, ensued.
The Count declared his opinion, that we might proceed to treat with Mr
Oswald under it, as soon as the original should arrive. He said it was
such a one as we might have expected it would be, but that we must
take care to insert proper articles in the treaty, to secure our
independence and our limits against all future claims.
I observed to the Count, that it would be descending from the ground
of independence to treat under the description of Colonies. He
replied, that names signified little; that the King of Great Britain's
styling himself the King of France was no obstacle to the King of
France's treating with him; that an acknowledgment of our
independence, instead of preceding, must in the natural course of
things be the effect of the treaty, and that it would not be
reasonable to expect the effect before the cause. He added, that we
must be mindful to exchange powers with Mr Oswald, for that his
acceptance of our powers, in which we were styled Commissioners from
the United States of America, would be a tacit admittance of our
independence. I made but little reply to all this singular reasoning.
The Count turned to Dr Franklin and asked him what he thought of the
matter. The Doctor said, he believed the commission would do. He next
asked my opinion. I told him that I did not like it, and that it was
best to proceed cautiously.
On returning, I could not forbear observing to Dr Franklin, that it
was evident the Count did not wish to see our independence
acknowledged by Britain, until they had made all their uses of us. It
was easy for them to foresee difficulties in bringing Spain into a
peace on moderate terms, and that if we once found ourselves standing
on our own legs, our independence acknowledged, and all our other
terms ready to be granted, we might not think it our duty to continue
in the war for the attainment of Spanish objects. But, on the
contrary, as we were bound by treaty to continue the war till our
independence should be attained, it was the interest of France to
postpone that event, until their own views and those of Spain could be
gratified by a peace, and that I could not otherwise account for the
Minister's advising us to act in a manner inconsistent with our
dignity, and for reasons, which he himself had too much understanding
not to see the fallacy of.
The Doctor imputed this conduct to the moderation of the Minister, and
to his desire of removing every obstacle to speedy negotiations for
peace. He observed, that this Court had hitherto treated us very
fairly, and that suspicions to their disadvantage should not be
readily entertained. He also mentioned our instructions, as further
reasons for our acquiescence in the advice and opinion of the
Minister. A day or two afterwards I paid a visit to Mr Oswald, and had
a long conversation with him respecting his commission. On the
resignation of Mr Fox, many reports to the prejudice of Lord
Shelburne's sincerity, on the subject of American independence, had
spread through France as well as through Great Britain. His Lordship,
fearful of their effect on the confidence with which he wished to
inspire the American commissioners, conveyed by Mr Benjamin Vaughan to
Dr Franklin an extract of certain instructions to Sir Guy Carleton, of
which the following is a copy, viz.
"_June 25th, 1782._ It has been said, that 'great effects might be
obtained by something being done _spontaneously_ from England.' Upon
this and other considerations, his Majesty has been induced to give a
striking proof of his royal magnanimity and disinterested wish for the
restoration of peace, by commanding his Majesty's Ministers to direct
Mr Grenville, _that the independence of America should be proposed by
him in the first instance, instead of making it the condition of a
general peace_.
"I have given a confidential information to you of these particulars,
that you may take such measures as shall appear to you most advisable
for making a direct communication of the substance of the same, either
immediately to Congress, or through the medium of General Washington,
or in any other manner, which you may think most likely to impress the
well disposed parts of America with the fairness and liberality of his
Majesty's proceedings in such great and spontaneous concessions.
"The advantages, which we may expect from such concessions are, that
America, once apprised of the King's disposition to acknowledge the
independence of the thirteen States, and of the disinclination in the
French Court to terminate the war, must see that it is from this
moment to be carried on with a view of negotiating points, in which
she can have no concern, whether they regard France, or Spain and
Holland at the desire of France; but some of which, on the contrary,
may be in future manifestly injurious to the interests of America
herself.
"That if the negotiation is broken off, it will undoubtedly be for the
sake of those powers, and not America, whose object is accomplished
the instant she accepts of an independence, which is not merely held
out to her in the way of negotiation by the executive power, but a
distinct unconditional offer, arising out of the resolutions of
Parliament, and therefore warranted by the sense of the nation at
large.
"These facts being made notorious, it is scarce conceivable that
America, composed as she is, will continue efforts under French
direction, and protract the distresses and calamities, which it is
well known that war has subjected her to. It is to be presumed, that
from that moment she will look with jealousy on the French troops in
that country, who may from allies become dangerous enemies.
"If, however, any particular States, men, or description of men,
should continue against the general inclination of the Continent
devoted to France, this communication will surely detect their views,
expose their motives, and deprive them of their influence in all
matters of general concern and exertion. You will, however, take
particular care in your manner of conducting yourselves, not only that
there should not be the smallest room for suspicions of our good faith
and sincerity, but that we have no view in it of causing dissensions
among the colonies, or even of separating America from France upon
terms inconsistent with her own honor. You must therefore convince
them, that the great object of this country is, not merely peace, but
reconciliation with America on the noblest terms and by the noblest
means."
In the course of the beforementioned conversation with Mr Oswald, I
reminded him, that the judgment and opinion of America respecting the
disposition and views of Britain towards her, must be determined by
facts and not by professions. That the Enabling Act, and the
Commission granted to him in pursuance of it, by no means harmonised
with the language of these instructions to Sir Guy Carleton. That
unless the offers and promises contained in the latter were realised,
by an immediate declaration of our independence, America would
naturally consider them as specious appearances of magnanimity,
calculated to deceive and disunite them, and, instead of conciliating,
would tend to irritate the States. I also urged, in the strongest
terms, the great impropriety, and consequently the utter impossibility
of our ever treating with Great Britain on any other than an equal
footing, and told him plainly, that I would have no concern in any
negotiation, in which we were not considered as an independent people.
Mr Oswald upon this, as upon every other occasion, behaved in a candid
and proper manner. He saw and confessed the propriety of these
remarks; he wished his commission had been otherwise, but was at a
loss how to reconcile it to the King's dignity, to make _such_ a
declaration, immediately after having issued _such_ a commission. I
pointed out the manner in which I conceived it might be done; he liked
the thought, and desired me to reduce it to writing. I did so, and
communicated it to Dr Franklin, and, as we corrected it, is as
follows, viz.
"George III, &c. to Richard Oswald, greeting. Whereas by a certain
act, &c. (here follows the Enabling Act.)
"And whereas, in pursuance of the true intent and meaning of the said
act, and to remove all doubts and jealousies, which might otherwise
retard the execution of the same, we did, on the ---- day of ----
instruct Sir Guy Carleton, &c. our General, &c. to make known to the
people of the said Colonies, in Congress assembled, our royal
disposition and intention to recognise the said Colonies as
independent States, and as such, to enter with them into such a treaty
of peace as might be honorable and convenient to both countries.
"And whereas further, in pursuance of the said act, we did on the ----
day of ---- authorise and commission you, the said Richard Oswald,
(here follows the commission.) Now, therefore, to the end that a
period may be put to the calamities of war, and peace, commerce, and
mutual intercourse the more speedily restored, we do hereby, in
pursuance of our royal word, for ourselves and our successors,
recognise the said thirteen Colonies as free and independent States.
And it is our will and pleasure, that you do forthwith proceed to
treat with the Commissioner or Commissioners already appointed, or to
be appointed for that purpose by the Congress of the said States, and,
with him or them only, of and concerning the objects of your said
commission, which we do hereby confirm, and that this declaration be
considered by you as a preliminary article to the proposed treaty, and
be in substance or in the whole inserted therein, or incorporated
therewith. And it is our further will and pleasure, that, on receiving
these presents, which we have caused to be made patent, and our great
seal to be hereunto affixed, you do deliver the same to the said
Commissioner or Commissioners, to be by him or them transmitted to the
Congress of the United States of America, as an earnest of the
friendship and good will, which we are disposed to extend to them.
Witness, &c. 15th of August, 1782."
Mr Oswald approved of the draft, and said he would recommend the
measure to the Minister. The next day, however, he told me that he had
an instruction, which he thought enabled him to make the declaration;
but that it would be necessary to obtain the previous consent of the
Minister for that purpose. He then read to me the fourth article of
his instructions, of which the following is a copy, viz.
"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 our authority to make that cession; our ardent wish for
peace disposing us to purchase it at the price of acceding to the
complete independence of the thirteen colonies."