John Jay Papers
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Richard Oswald to Thomas Townshend, 8 October 1782

Richard Oswald to Thomas Townshend

Paris 8th Octr 1782

Sir

Mr. Jay, upon his return last night from Passy, told me that Doctr Franklin could not determine as to the Boundary Line between Nova Scotia and Massachusetts Bay, and thought it was best to leave it to be Settled by an express Commission for that purpose, after the War: and accordingly added a Minute of that Clause to the enclosed Treaty, to Stand as a part of it when Signed—1

He also told me that with respect to their writing Letters to Generl Washington on the Subject of the Evacuation of the Garrisons, the Doctor thought it would not be proper for them to appear in it, in that way, on account of particular Connections, And that it was unnecessary, Since upon Sight of the Treaty, Signed by them, Generl Washington would readily Settle a Convention with Sir Guy Carleton that would make every thing easy in the evacuation of the Garrisons— They wish much to have an Answer from you as Soon as possible, So as the Treaty may be finally closed—

After that is done, I will, agreeable to my Instructions,2 bespeak their attention to the Sundry Articles a not included therein, but recommended to the justice and humanity of the Commissioners. And shall not forget that one in particular, respecting a closer Union hereafter.3 I have no great hopes of Such a thing, yet what Doctr Franklin once Said, That they might possibly at last enter into a Confederacy with us, will give me a fair pretence to touch upon the Subject. Mr Jay also Said Something like it, the other day— But I did not Seem to attend to it. And think it best to defer touching upon things of that kind untill their Treaty is signed, and they are entirely free, as they have always appeared so jealous of its being thought that the merits of their Claim of Independence were to rest on Assurances of any other Conditions than what ought to constitute an Agreement between States treating on an equal footing.

With a view to a Smooth & quick Conclusion with those Gentlemen I would beg leave to Suggest that if the Inclosed Draft is found to be right in the main, & exceptionable only in immaterial Articles, that I may have Orders to Sign the Treaty, with the necessary Amendments respecting those Articles. ^if they Can be Carried, but^ Leaving it to my best endeavour to pro obtain a Consent to those Amendments, if they are not so indispensible as not to be left under that Uncertainty.

Under Such discretionary permission I shall do the best I can; and if I find I cannot Succeed, I shall avail my Self of Such general power, & Sign the Treaty, and So put an end to all Differences with America in the way Mr Jay said to me last night—“Once we have Signed this Treaty, We Shall have no more to do but to look on and See what the People here are about. They will not like to find that we are So far advanced; and have for some time appeared anxious & inquisitive as to our plan of Settlement; upon which Subject I was lately tried by a certain Marquis,3 but I gave him no Satisfaction—and wish that for Some time as little may be Said about it as possible.” Upon the whole respecting the foreign Treaties, I am apt to think, if the Demands are unreasonable, even on the part of France, they will not be Countenanced by those Commissioners. Mr Jay having Scored out the words, relative to peace or Truce,4 I thought was done under an Impression of that nature. And with respect to Spain, I believe they think themselves very little Concerned—

Mr Fitzherbert being anxious to dispatch this Messenger immediately, I am obliged to write these Letters in Some hurry, & hope you’l be so good to excuse the Inacuracies which I have not time to alter or correct—

We have only one Courier remaining here, but hope Soon another will be Sent over— In case Georgia had no Chartered right to go back to the Missisippi, I can Still get W. Florida carried higher up than the Latitude of 38.5 at least I hope so And I beg leave to add that if the Line between Nova Scotia & Massachusets could be determined with certainty, by Charter or otherways, it would be very desireable, Since I own I do not like opening a Commission with the New Engd Men, aft er all our other Differences are Settled by Treaty. I tried to avoid it, but could not. If a Line of Seperation is quoted, I Should wish that the time or period of Assertainment, and proofs or Signs of acquiessence on the part of Masachusets, was also mentioned. My Friend Mr Richd Jackson6 I believe could get those two points Settled— I have the honour to be Sir Your most obedient humble Servant

Richard Oswald7

The Right Honble Thomas Townshend

ALS, UkLPR: FO 27/ 2. Endorsed: “ . . . R/. 11th / By [H]Ogg the / Messenger” and “ . . . to be Copied”. Cs, UkLPR: FO 95/ 511 and 97/ 157; and MiU-C: Shelburne 70.

1See the “Alteration” that concludes the first draft of the articles, [5–8] Oct., above. On the settlement, see Oswald to Townshend, 7 Oct., note 3, above.

2See Oswald to Townshend, 7 Oct., above; and the instructions of 31 July, Oswald’s notes on Conversations with Benjamin Franklin and John Jay of 11 Oct. on articles recommended in his instructions but not included in the treaty, and Oswald to Townshend of 11 Oct. 1782, all in Giunta, Emerging Nation description begins Mary A. Giunta et al., eds., The Emerging Nation: A Documentary History of the Foreign Relations of the United States under the Articles of Confederation, 1780–1789 (3 vols.; Washington, D.C., 1996) description ends , 1: 481–84, 608–12.

3Lafayette, who was suspected of relaying information to the French. See “Ridley’s Diary,” description begins Herbert E. Klingelhofer, ed., “Matthew Ridley’s Diary during the Peace Negotiations of 1782,” WMQ 20 (1963): 95–133 description ends 112.

6Richard Jackson (c. 1721–87), M.P., former agent for Massachusetts, had been appointed lord of the treasury in July 1782.

7For Townshend’s reply, see his letter to Oswald of 26 Oct. 1782, below.

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