He said he would immediately despatch a courier to London, and would

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."

The Diplomatic Correspondence of the American Revolution, Vol. 08 · 第 11 / 36 段