dependence, which he was not authorized by his court to make. Finding that this omission on the part of the Count de Aranda was intentional, Mr. Jay declined any further negotiation with him. In the beginning of September, things being in this situation, Mr. Jay was invited to a conference with M. de Rayneval, secretary to the Count de Vergennes, the prime minister of France, who entered into a discussion of our claims to the western countries, and the next day, sent Mr. Jay a memoir on the subject, enclosed in a letter, urging him to treat with the Spanish minister, without insisting on seeing his powers. The memoir was entitled, "Ideas on the manner of determining, and fixing the limits between Spain and the United States, on the Ohio and Mississippi."

The memoir asserts, that the United States had no claims to the western country, except those derived through Great Britain; and then endeavours to prove, that Great Britain never had any claims to it. It goes on to state, that, with regard to the lands situated to the northward of the Ohio, their fate would have to be decided by the court of London. Mr. Jay under the influence of suspicions, naturally excited by this conduct, wrote to gress, expressing his conviction, that the French court would, at a peace, oppose the extension of our boundary to the Mississippi, and our claim to the navigation of that river; that they would probably support the British claim to all the country above the thirty-first degree of latitude, and certainly to all the country north of the Ohio; and unless we would consent to divide our territories with Spain,

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that France would aid her in negociating with Great Britain, for the territory she wanted, and agree that the residue should belong to the last mentioned power. Mr. Jay also wrote at the same time, to the Count de Aranda, that he was not authorized to make cessions of territory, but possessed full powers to conclude a treaty of amity, commerce and alliance, with Spain. The count replied, that he had sufficient powers to treat and confer, and was ready to proceed. About a fortnight afterwards, he met the Count de Aranda, at the house of the Count de Vergennes. The Spanish minister asked, when they should proceed to business. Mr. Jay replied, whenever he communicated his powers to treat. Count de Aranda inquired, whether Count Florida Blanca, former minister of Spain, had not informed him that he, the Count de Aranda, was authorized to treat. Mr. Jay admitted the fact, but insisted that it was proper, in conformity to custom, to exchange copies of commis. sions. Count de Aranda then said, that this could not be expected in the present case, as Spain had not acknowledged our independence. Count de Vergennes here interposed, and observed, that Mr. Jay ought certainly to treat with the Spanish minister; but Mr. Jay positively declined doing so, without his powers were produced. After the departure of the Spanish minister, the Count de Vergennes entered upon the subject of boundaries. Mr. Jay remarked, that the objection of Spain, to our extension to the Mississippi, was of recent origin; for, at the time he was in Spain, Count Florida Blanca gave him to understand, that the success of his negotiation de

pended on our ceding to Spain, the navigation of the Mississippi, which would be idle, if our territory did not extend to it. The count only smiled, and said he hoped Mr. Jay and the Spanish minister would finally agree. In

a subsequent conference with M. de Rayneval, Mr. Jay having urged the recency of the Spanish claims, M. de Rayneval observed, that it was owing to the ignorance of Count Florida Blanca. After the preliminary articles of peace with England were signed and ratified, the Spanish minister informed Mr. Jay that his court was ready to receive him in form, and was desirous that he should return to Madrid, and complete the treaty. Mr. Jay, how. ever, did not return. Notwithstanding the unpleasant situation in which Mr. Jay and the Count de Aranda were placed, as diplomatists, they mutually entertained great respect and esteem for each other. Mr. Jay thought the count the most able Spaniard he had ever met with; and the latter, on taking leave of Mr. Jay, could not avoid complimenting him, on his management of the negotiation committed to him. At the same time, the negotiation of the treaty of peace between Great Britain and the United States was progressing. Mr. Jay arrived in Paris the 23d June, 1782. Dr. Franklin, Mr. Adams, and Mr. Laurens, were joined with him in commission,but Mr. Laurens did not arrive till after the signature of the preliminary articles. Mr. Adams arrived the 26th of October, 1782. Mr. Oswald was appointed, on the part of England, to treat with the United States. On the 25th July, 1782, a warrant was issued by the king of Great Britain, addressed to

the attorney general, directing him to prepare a commission to Mr. Oswald, empowering him" to treat, consult of, and conclude with, any commissioner or commissioners named, or to be named by the colonies or plantations in North America; or any body or bodies corporate or politic, or any assembly or assemblies, or description of men, or any person or persons whatever, a peace or truce with the said colonies or plantations, or any part or parts thereof." A copy of this paper was given by Mr. Oswald to Dr. Franklin, who, after showing it to Mr. Jay, sent it to the Count de Vergennes. The count invited Dr. Franklin and Mr. Jay to a conference, which they attended on the 10th of August. The count then stated, that he thought they might proceed to treat with Mr. Oswald, on seeing the original commission, and that the powers were such as might be expected. Mr. Jay remarked, that it would be descending from the ground of independence, to treat under the description of colonies. The count replied, that names were of little importance, and that the acknow. ledgemnt of our independence could not reasonably be expected to precede the treaty. Dr. Frankin referred to their instructions as a reason for conforming to the count's advice. By these instructions, it appeared that they were to follow, in all things, the advice of the Count de Vergennes, and to do nothing without acquainting him with their intentions. Mr. Jay received these injunctions with great pain, and wrote, on the occasion, to congress, that while he accepted the appointment, in order to prevent the embarrassments and de

lays which his refusal might occasion, he begged them soon to relieve him from a station, where, in the character of their minister, he must receive and obey, under the name of opinions, the direction of those on whom no American minister ought to be dependent, and to whom, in love to their country, and zeal to her services, he and his colleagues were, at least, equal. On the resignation of Mr. Fox, suspicions were entertained, both in France and England, as to the sincerity of Lord Shelburne's intention respecting American inde. pendence. To counteract these, Lord Shelburne had, previously to the arrival of Mr. Oswald, communicated through Mr. Vaughan to Dr. Franklin, as a proof of the disposition of the British government, an extract of certain instructions to Sir Guy Carleton, dated 25th June, 1782, in which Sir Guy is informed that the king had commanded his 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."

Mr. Jay had now a private conference with Mr. Oswald, and pointed out to him the inconsistency of the terms of his commission, with the declaration in the above extract, and explained the injurious consequences which would result to Great Britain from a refusal, on her part, to acknowledge our independence. Mr. Oswald, who, throughout the negotiation, showed great candour, acquiesced in these observations, and desired Mr. Jay to draft a commission which would satisfy him, and yet be consistent with the honour of the king. Mr. Jay accordingly

drew such a commission, which, after some corrections by Doctor Franklin, he gave to Mr. Oswald, who approved it, and promised to recommend it to the British government. The next day Mr. Oswald said he thought he was enabled to make such a declaration, and showed Mr. Jay an article of his instructions, authorizing him to acknowledge the independence of the U. States, if the American commissioners were not at liberty to treat on any other terms; but that it would be necessary to obtain the previous consent of the ministry, and he despatched a courier to England for that purpose. The original commission had now arrived, and Mr. Jay and Dr. Franklin waited on the Count de Vergennes to communicate that circumstance to him, agreeably to a part of their instructions, and also to let him know what had passed between them and Mr. Oswald. The count and Mr. Jay again discussed the propriety of a previous acknowledgement of independence, each maintaining the opinion he had formerly advanced.

Mr. Fitzherbert, who was the English minister to France, had a conference with Count de Vergennes the next day, and immediately after despatched a courier to London.

Mr. Oswald received an answer to his despatch, dated 1st September, 1782, approving his conduct, in communicating the extract from his instructions to the American commission, and expressed a hope that they would no longer doubt the intention of the king to acknow. ledge our full and unconditional independence as an article of treaty. Mr. Jay observed to Mr. Oswald, that the language of the

letter was so inconsistent with the instructions to Sir Guy Carleton, and corresponded so exactly with that held by the Count de Ver. gennes, that he must attribute it to Mr. Fitz erbert's courier. Mr. Oswaid acknowledged that the Count de Vergennes had told Mr. Fitzherbert, that Mr. Oswald's commission had come, and that it would do, and Mr. Oswald did not deny the justness of Mr. Jay's inference; that Mr. Fitzherbert, finding the French court so moderate, had thought it his duty to inform his government of the fact, to prevent its embarrassment by the scruples of the American commissioners. Mr. Jay then explained to Mr. Oswald, what he supposed to be the natural policy of the French court, and proceeded to show that it was the interest of Great Britain to render the United States as independent of France as they were of Great Britain, observing that a new commission, authorizing him to treat with the commissioners of the United States of America, would remove their present objections to treating with him. At the request of Mr. Oswald, Mr. Jay put this proposition in writing. Mr. Jay also prepared a letter to Mr. Oswald, positively refusing to treat, excepting on the ground of acknowledged indepen. dence, and assigning the reasons of this determination. The letter was subinitted to Dr. Franklin, who thought it too positive, and consequently, as a formal paper, it was not sent. At Mr.Oswald's request, however, Mr Jay gave him the draft unsigned, which was sent, together with sundry copies of reso. lutions of congress, evincing their adherence to their independence, by express to London.

These movements were not com municated to the French minister.

On the 11th September, 1782, Mr. Jay obtained a copy of a letter from M. Marbois, the French minister in the United States, to the Count de Vergennes, which Mr. Jay sent to congress. It was dated at Philadelphia, 13th March, 1782, and stated that Mr. Samuel Adams was endeavouring to excite in Massachusetts an opposition to peace, if the eastern states were not, by the treaty, admitted to the fisheries. To defeat these efforts of Mr. Adams, M. Marbois proposed that the king of France should cause to be signified to congress his surprise that the subject. of the Newfoundland fisheries should have been included in the additional instructions to the American commissioners; and that the United States should advance their pretensions, without paying regard to the king's rights. He also proposed that the king should promise congress his assistance to procure for them the other fisheries, but without being answerable for his success; intimating, that it was important that this declaration should now be made, since it would be less easy to influence the United States, when they should recover the important posts of New. York, Charlestown and Penobscot.

On the 10th September, 1782, Mr. Jay received information, that the Count de Aranda had had that morning a conference with the Count de Vergennes and M. de Rayneval, immediately after which, the latter had set off for England. Mr. Jay was finally led to conjecture, that the objects of M. de Rayneval's mission to London were to let Lord Shelburne know, that France did not support the

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