press the Ministry for permission to acknowledge our independence
without further delay, which he accordingly did.
At this time the commission under the great seal had arrived, and Dr
Franklin and myself went to Versailles to communicate that
circumstance to the Count de Vergennes, and (agreeably to our
instructions) to inform him of what had passed between Mr Oswald and
us.
The Count and myself again discussed the propriety of insisting, that
our independence should be acknowledged previous to a treaty. He
repeated, that it was expecting the effect before the cause, and many
other similar remarks, which did not appear to me to be well founded.
I told the Count, that a declaration of our independence was in my
opinion, a matter of very little consequence; that I did not consider
our independence as requiring any aid or validity from British acts;
and provided, that nation treated us as she treated other nations,
viz. on a footing of equality, it was all that I desired. He differed
with me also in this opinion. He thought an explicit acknowledgment of
our independence in treaty very necessary, in order to prevent our
being exposed to further claims. I told him we should always have arms
in our hands to answer those claims, that I considered mere paper
fortifications as of but little consequence; and that we should take
care to insert an article in the treaty, whereby the King of Great
Britain should renounce all claims of every kind to the countries
within our limits.
The Count informed us, he had delayed doing business with Mr
Fitzherbert, until we should be ready to proceed with Mr Oswald, and
that he expected to see him the next day or the day after.
Mr Fitzherbert went the next day to Versailles, and immediately
despatched a courier to London.
The answer of the British Ministry to Mr Oswald is contained in the
following extract of a letter to him from Mr Townshend, dated
Whitehall, September 1st, 1782.
"Sir,
"I have received and laid before the King your letters of the 17th,
18th, and 21st ultimo, and 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."
When Mr Oswald communicated this letter to me, I did not hesitate to
tell him, that his Court was misled by this, for that the language of
Mr Townshend corresponded so exactly with that of the Count de
Vergennes, and was at the same time so contrary to that of the
instructions to Sir Guy Carleton, as to be inexplicable on any other
principle. I also told him I suspected, that the courier despatched by
Mr Fitzherbert on his return from Versailles had been the means of
infusing these ideas. He smiled, and after a little pause said; why,
Count de Vergennes told Mr Fitzherbert, that my commission was come
and that he thought it would do, and therefore they might now go on,
and accordingly they did go on to discuss certain points, and
particularly that of Newfoundland.
Mr Oswald did not deny or contradict the inference I drew from this,
viz. that Mr Fitzherbert, struck by this conduct of Count de
Vergennes, and finding that the commission given to Mr Oswald was
deemed sufficient by him, thought it his duty directly to inform his
Court of it, and thereby prevent their being embarrassed by our
scruples and demands on a point, on which there was so much reason to
think, that our allies were very moderate.
For my own part I was not only persuaded that this was the case, but
also that the ill success of Mr Oswald's application was owing to it.
These considerations induced me to explain to him, what I supposed to
be the natural policy of this Court on the subject, and to show him
that it was the interest of Britain to render us as independent on
France, as we were resolved to be on her. He soon adopted the same
opinion, but was at a loss to see in what manner Great Britain,
considering what had just past, could consistently take further steps
at present. I told him, that nothing was more easy, for that the
issuing of another commission would do it. He asked me if he might
write that to the Ministry; I told him he might; he then desired, in
order to avoid mistakes, that I would give it to him in writing, which
I did as follows, viz.
"A commission (in the usual form) to Richard Oswald to treat of peace
or truce with Commissioners, vested with equal powers by and on the
part of the United States of America, would remove the objections to
which his present one is liable, and render it proper for the American
Commissioners to proceed to treat with him on the subject of
preliminaries."
I then reminded him of the several resolutions of Congress, passed at
different periods, not to treat with British Commissioners on any
other footing than that of absolute independence, and also intimated,
that I thought it would be best to give him our final and decided
determination not to treat otherwise in writing, in the form of a
letter. He preferred this to a verbal answer, and the next day I
prepared the following draft of such a letter.
"Sir,
"It is with regret, that we find ourselves obliged by our duty to our
country, to object to entering with you into negotiations for peace on
the plan proposed. One nation can treat with another nation only on
terms of equality; and it cannot be expected, that we should be the
first and only servants of Congress, who would admit doubts of their
independence.
"The tenor of your commission affords matter for a variety of
objections, which your good sense will save us the pain of
enumerating. The journals of Congress present to you unequivocal and
uniform evidence of the sentiments and resolutions of Congress on the
subject, and their positive instructions to us to speak the same
language.
"The manner of removing these obstacles is obvious, and in our opinion
no less consistent with the dignity than the interest of Great
Britain. If the Parliament meant to enable the King to conclude a
peace with us on terms of independence, they necessarily meant to
enable him to do it in a manner compatible with his dignity; and
consequently that he should previously regard us in a point of view,
that would render it proper for him to negotiate with us. What this
point of view is you need not be informed.
"We also take the liberty of submitting to your consideration, how far
his Majesty's now declining to take this step would comport with the
assurances lately given on that subject, and whether hesitation and
delay would not tend to lessen the confidence, which those assurances
were calculated to inspire.
"As to referring an acknowledgment of our independence to the first
article of a treaty, permit us to remark, that this implies, that we
are not to be considered in that light until after the conclusion of
the treaty, and our acquiescing would be to admit the propriety of our
being considered in another light during that interval. Had this
circumstance been attended to, we presume that the Court of Great
Britain would not have pressed a measure, which certainly is not
delicate, and which cannot be reconciled with the received ideas of
national honor.
"You may rest assured, Sir, of our disposition to peace on reasonable
terms, and of our readiness to enter seriously into negotiations for
it, as soon as we shall have an opportunity of doing it in the only
manner in which it is possible for one nation to treat with another,
viz. on an equal footing.
"Had you been commissioned in the usual manner, we might have
proceeded; and as we can perceive no legal or other objection to this,
or some other such like expedient, it is to be wished that his Majesty
will not permit an obstacle so very unimportant to Great Britain, but
so essential and insuperable with respect to us, to delay the
re-establishment of peace especially, and in case the business could
be but once begun, the confidence we have in your candor and integrity
would probably render the settling all our articles only the work of a
few hours.
"We are, &c."
I submitted this draft to Dr Franklin's consideration. He thought it
rather too positive, and therefore rather imprudent, for that in case
Britain should remain firm, and future circumstances should compel us
to submit to their mode of treating, we should do it with an ill grace
after such a decided and peremptory refusal. Besides, the Doctor
seemed to be much perplexed and fettered by our instructions to be
guided by the advice of this Court. Neither of these considerations
had weight with me; for as to the first, I could not conceive of any
event, which would render it proper and therefore possible for America
to treat in any other character than as an independent nation; and, as
to the second, I could not believe, that Congress intended we should
follow any advice, which might be repugnant to their dignity and
interest.
On returning to town, Mr Oswald spoke to me about this letter. I told
him that I had prepared a draft of one, but that on further
consideration, and consulting with Dr Franklin, we thought it best not
to take the liberty of troubling his Court with any arguments or
reasonings, which without our aid must be very evident to them.
He appeared disappointed, and desired me to let him see the draft. I
did. He liked it. He requested a copy of it; but as I doubted the
propriety of such a step, I told him I would consider of it, and give
him an answer the next day.
It appeared to me on further reflection, that no bad consequences
would arise from giving him a copy of this paper; that, though
unsigned, it would nevertheless convey to the Ministry the sentiments
and opinions I wished to impress, and that if finally they should not
be content to treat with us as independent, they were not yet ripe for
peace or treaty with us; besides, I could not be persuaded, that Great
Britain, after what the House of Commons had declared, after what Mr
Grenville had said, and Sir Guy Carleton been instructed to do, would
persist in refusing to admit our independence, provided they really
believed, that we had firmly resolved not to treat on more humble
terms.
I gave him a copy, and also copies of the various resolutions of
Congress, which evince their adherence to their independence. These
papers he sent by express to London, and warmly recommended the
issuing a new commission to remove all further delay. This matter was
not communicated to the Count de Vergennes, at least to my knowledge
or belief, by either of us.
I might now enumerate the various expedients proposed by the Count de
Vergennes and the Marquis de Lafayette to reconcile our difficulties.
Such as Mr Oswald's writing a letter to us, signifying that he treated
with us as independent, &c. &c. But as our independence was
indivisible, there could not easily be contrived a half way mode of
acknowledging it, and therefore any method of doing it short of the
true and proper one could not bear examination.
Being convinced, that the objections to our following the advice of
the Count de Vergennes were unanswerable, I proposed to Dr Franklin,
that we should state them in a letter to him, and request his answer
in writing, because, as we were instructed to ask and to follow his
advice on these occasions, we ought always to be able to show what his
advice was.
The Doctor approved of the measure, and I undertook to prepare a draft
of such a letter.
I must now remind you of what some of my former letters informed you,
viz. the propositions made to me by the Count d'Aranda on the part of
Spain. It is necessary that I should in this place go into that
detail, because they will be found in the sequel to be strongly
connected with the subject more immediately under consideration.
On my arrival at Paris in June last, it being doubtful whether if I
made a visit to Count d'Aranda he would return it, I thought it most
advisable to avoid that risk, and to write him the following letter.
TO COUNT D'ARANDA.
"Paris, June 25th, 1782.
"Sir,
"On leaving Madrid his Excellency, the Count de Florida Blanca,
informed me, that the papers relative to the objects of my mission
there had been transmitted to your Excellency, with authority and
instructions to treat with me on the subject of them.
"I arrived here the day before yesterday, and have the honor to
acquaint your Excellency of my being ready to commence the necessary
conferences at such time and place as your Excellency may think proper
to name.
"Your Excellency's character gives me reason to hope, that the
negotiation in question will be conducted in a manner agreeable to
both our countries; and permit me to assure you, that nothing on my
part shall be wanting to manifest the respect and consideration, with
which I have the honor to be, &c.
JOHN JAY."
The following is a copy of the Count's answer.
Translation.
"Paris, June 27th, 1782.
"Sir,
"I have the honor to reply to your note of the 25th, informing me of
your happy arrival at this Court. I shall also have the honor to
receive you, when you shall intimate that it is proper, and whenever
you will inform me of your intention, so that I may expect you at
whatever hour shall be most convenient to you.
"I shall be pleased to make your acquaintance, and to assure you of
the respect with which I have the honor, &c.
THE COUNT D'ARANDA."
It having been intimated to Dr Franklin, that if we paid a visit to
Count d'Aranda, it would be returned, we waited on him on the 29th of
June. He received us in a friendly manner, and expressed his wishes,
that closer connexion might be formed between our countries on terms
agreeable to both.
He returned our visit the next day, and gave us an invitation to dine
with him a few days afterwards. On that day I was taken sick, and
continued so for many weeks, nor, indeed, am I yet perfectly recovered
from the effects of that illness, having a constant pain in my breast,
and frequently a little fever.
Hence it happened, that I did not meet Count d'Aranda on business till
a month afterwards, when agreeably to a previous appointment I waited
upon him.
He began the conference by various remarks on the general principles
on which contracting nations should form treaties, on the magnanimity
of his sovereign, and on his own disposition to disregard trifling
considerations in great matters. Then opening Michell's large Map of
North America, he asked me what were our boundaries; I told him that
the boundary between us and the Spanish dominions was a line drawn
from the head of Mississippi, down the middle thereof to the
thirtyfirst degree of north latitude, and from thence by the line
between Florida and Georgia.
He entered into a long discussion of our right to such an extent, and
insisted principally on two objections to it. 1st. That the western
country had never belonged to, or been claimed as belonging to the
ancient Colonies. That previous to the last war it had belonged to
France, and after its cession to Britain remained a distinct part of
her dominions, until by the conquest of West Florida and certain posts
on the Mississippi and Illinois, it became vested in Spain. 2dly. That
supposing the Spanish right of conquest did not extend over _all_ that
country, still that it was possessed by free and independent nations
of Indians, whose lands we could not with any propriety consider as
belonging to us. He therefore proposed to run a longitudinal line on
the east side of the river, for our western boundary; and said, that
he did not mean to dispute about a few acres or miles, but wished to
run it in a manner that would be convenient to us; for though he could
never admit the extent we claimed, yet he did not desire to crowd us
up to our exact limits.
As it did not appear to me expedient to enter fully into the
discussion of these objections, until after he had marked the line he
proposed, I told him I would forbear troubling him with any remarks on
the subject until the points in controversy should be reduced to a
certainty; and, therefore, I desired him to mark on the map the line
he proposed, and to place it as far to the west as his instructions
would possibly admit of. He promised to do it, and to send me the map
with his proposed line marked on it in a day or two.
I then gave him a copy of my commission, and showed him the original.
He returned it to me with expressions of satisfaction, and then
changed the subject, by desiring me, if after receiving his map and
examining his lines, I should find it in any respect inconvenient,
that I would mark such other line on it as would, in my opinion, be
more agreeable to America; assuring me, that he had nothing more at
heart, than to fix such a boundary between us as might be satisfactory
to both parties. I told him, that on receiving his map, I would take
all that he had said into consideration, and take the earliest
opportunity of acquainting him with my sentiments respecting it. I
then observed, that I hoped his powers to treat were equal with mine.
He replied, that he had ample powers to confer, but not to sign
anything without previously communicating it to his Court, and
receiving their orders for the purpose; but to my surprise, he did not
offer to show me any powers of any kind.[5]
A few days afterwards he sent me the same map, with his proposed line
marked on it in red ink. He ran it from a lake near the confines of
Georgia, but east of the Flint River, to the confluence of the Kanawa
with the Ohio, thence round the western shores of lakes Erie and
Huron, and thence round lake Michigan to lake Superior.
On the 10th of August I carried this map to the Count de Vergennes and
left it with him. Dr Franklin joined with me in pointing out the
extravagance of this line; and I must do him the justice to say, that
in all his letters to me, and in all his conversations with me
respecting our western extent, he has invariably declared it to be his
opinion, that we should insist upon the Mississippi as our western
boundary, and that we ought not, by any means, to part with our right
to the free navigation of it.
The Count de Vergennes was very cautious and reserved; but M.
Rayneval, his principal Secretary, who was present, thought we claimed
more than we had a right to.
Having thus clearly discovered the views of Spain, and that they were
utterly inadmissible, I had little hope of our ever agreeing;
especially as the Mississippi was, and ought to be, our _ultimatum_.
It was not long before I had another interview with M. Rayneval. He
asked me whether I had made any progress in my negotiations with the
Count d'Aranda. I told him, that the Count had not yet shown me any
powers from his Court to treat. He expressed surprise that I should
have any difficulties on that head; especially considering the public
as well as private character of that nobleman. I replied, that I was
very sensible of the respectability, both of his public and private
character; but, that neither the one nor the other authorised him to
negotiate treaties with the United States of America; and
consequently, that his Court would be at liberty to disavow all his
proceedings in such business. That it was my duty to adhere to the
forms usual in such cases, and that those forms rendered it proper for
Ministers to exchange copies of their commissions, before they
proceeded on the business, which was the object of them.
The Count d'Aranda was very urgent, that I should mark on his map some
line or other to the eastward of the Mississippi, to which we could
agree; and on the 26th of August we had another conference on these
subjects. I told him frankly, that we were bound by the Mississippi,
and that I had no authority to cede any territories east of it to his
Catholic Majesty, and that all I could do relative to it, was to
transmit his proposition to Congress for their consideration.
He affected to be much surprised, that I should have no discretionary
authority on that subject, and observed, that he had supposed I was a
Minister Plenipotentiary. I told him, that few Ministers
Plenipotentiary had discretionary power to transfer and cede to others
the countries of their sovereigns. He denied, that the countries in
question were our countries, and asked what right we had to
territories, which manifestly belong to free and independent nations
of Indians. I answered that those were points to be discussed and
settled between us and them; that we claimed the right of preemption
with respect to them, and the sovereignty with respect to all other
nations. I reminded him, that Mexico and Peru had been in the same
predicament, and yet that his Catholic Majesty had had no doubts of
his right to the sovereignty of those countries.
He then desired me to write him a letter on the subject, in order that
he might with the greater accuracy convey my sentiments to his Court.
On the 4th of September, I received the following letter from M. de
Rayneval.
Translation.
"Versailles, September 4th, 1782.
"Sir,
"I should be glad to have a conversation with you on the subject of
the boundaries in regard to Spain, but it is impossible for me to go
to Paris for this purpose. You would oblige me, if you would have the
goodness to come to Versailles tomorrow morning. It will give me great
pleasure to see you at dinner. Meanwhile I have the honor, &c.
RAYNEVAL."
I accordingly waited upon M. de Rayneval. He entered into a long
disquisition of our claims to the western country. It is unnecessary
to repeat in this place what he said on those subjects, because I
shall insert in this letter a copy of a paper, which at my request he
wrote to me on them. That paper will speak for itself. You will be at
no loss to form a judgment of the mode in which he proposed to
reconcile us, by what he called a conciliatory line. We discussed very
freely the propriety of my objecting to proceed with the Count
d'Aranda; and among other reasons, which induced him to think I ought
to go on, was my having already conferred with him on those subjects.
My answer to this was obvious, viz. that though I had heard Count
d'Aranda's propositions, yet that I had offered none of any kind
whatever.
On the 6th of September, M. de Rayneval wrote me the following letter.
M. DE RAYNEVAL TO JOHN JAY.
Translation.
"Versailles, September 6th, 1782.
"I have the honor, Sir, to send you as you desired me, my personal
ideas on the manner of terminating your discussions about limits with
Spain. I hope they will appear to you worthy to be taken into
consideration.
"I have reflected, Sir, on what you said to me yesterday of the
Spanish Ambassador's want of powers. You cannot in my opinion urge
that reason to dispense treating with that Ambassador, without
offending him, and without contradicting the first step you have taken
towards him. This reflection leads me to advise you again to see the
Count d'Aranda, and to make him a proposition of some sort or other on
the object in question. That which results from my memoir appears to
me the most proper to effect a reasonable conciliation; but it is for
you to judge whether I am mistaken, because you alone have a knowledge
of the title, which the United States can have to extend their
possessions at the expense of nations, whom England herself has
acknowledged to be independent.
"As to the rest, Sir, whatever use you may think proper to make of my
memoir, I pray you to regard it at least as a proof of my zeal, and of
my desire to be useful to the cause of your country.
"I have the honor to be, with perfect consideration, yours, &c. &c.
RAYNEVAL.
"_P. S._ As I shall be absent for some days, I pray you to address
your answer to M. Stenin, Secretary to the Council of State, at
Versailles.
"I must desire you not to let the perusal of the following memoir make
you forget the postscript of the above letter, for in the sequel you
will find it of some importance."