John Jay Papers
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From John Jay to Richard Oswald, 5 March 1784

To Richard Oswald

Chaillot near Paris 5 March 1784

Dear Sir

Had your Favor of the 27th. Ult.1 been delivered to me a little sooner, an answer to it might have gone by this ^to-^ Days post; but that not having been the Case, this Letter will remain some Days in the Office.

I am much obliged to you for communicating what passed between you and Mr Stephens respecting the Letter he supposed^ses^ to have recd. ^been^ from me— The Fact is, that I have never had the Honor of writing to that Gentleman on any Subject whatsoever—2

As to the American Prisoners who may be on Board of British Ships of war, or otherwise confined either in “the East Indies” or in other Parts of the world; it never appeared to me necessary that particular applications should be made for their Release, because I presumed that at the Conclusion of the War, proper orders would be immediately given for liberating them agreable to the articles of Peace— The Difficulty of distinguishing Americans from Englishmen, existed on both Sides— The United States have nevertheless made the Discrimination & discharged all their Prisoners. It is probable that some English ^british^ Subjects taking advantage of their speaking the same Language may call themselves ^personate^ american prisoners & thereby elude their Engagemts. but certain that ^tho that^ Inconvenience being inseperable from the Case, cannot possibly be avoided ^nor^ It cannot however ^is almost inevitable, yet^ ^it cannot^ be very important in time of peace when Seamen are plenty. However that may be, Justice & Humanity dictate that liberal and effectual measures be taken to execute this part of the Treaty; and I am persuaded that both Considerations will have their due Degree of Influence in drawing that ^the^ Business to a speedy and satisfactory Conclusion—

With Respect to the Names or Descriptions of the Americans alluded to, I am ign entirely uninformed nor do I think it easy or indeed practicable to obtain full and accurate Intelligence on the Subject—Recourse must be had to personal Examinations and ^to^ the Evidence which may attend or arise out of each Case will wd. In my opinion ^probably^ be sufficient to determine the Merits of the far greater part of them; and as to those Rest it wh. may ^might^ remain doubtful it wd be better to let ^risque the Escape [of]^ some disguised Englishmen escape, than risque the unjust Detention of Men ^americans^ entitled to a Discharge—

our frd. Dr. Franklin is recoverg from a slight fit ^attack^ of the Gout— I expect to see him to morrow, and shall not omit mentioning the ^your^ kind Inquiries respecting him— His visiting England appears to me doubtful— It is a Country in wh. he has many Friends as well as many Enemies, & I believe he is as desirous of seeing some of the former as he is indifferent abt. the Generality of the latter—

Mrs. Jay & my little family are well & she presents her best Compts. to you—we are preparing to set out for America in the Course of 6 or 8 Weeks for New York where it will always give me pleasure to hear of your welfare, and (if in my power) of being ^to be^ useful to You. Be pleased to make my Compts. to Mrs Oswald your Nephew3 & Mr. Whitford— With the best Wishes & with great Esteem & Regard ^the most sincere Regard & Esteem^ I am Dr Sr Your most ob Servt

Richd Oswald Esqr

Dft, NNC (EJ: 8853). Endorsed by JJ: “ . . . in ansr to 27 Ult.

1Oswald to JJ, 27 Feb. 1784, ALS, UkWC-A (EJ: 34); JJUP, 2 description begins Richard B. Morris et al., eds., John Jay, vol. 2, The Winning of the Peace: Unpublished Papers, 1780–1784 (New York, 1980) description ends : 699–70.

2Sir Philip Stephens (1723–1809), who had been serving as an undersecretary of the admiralty since 1763. Roger Knight, “Stephens, Sir Philip, baronet (1723–1809),” Oxford DNB Online.

3Probably John Anderson (b. 1747), a merchant and slave trader, who, with his younger brother Alexander (b. 1756), had taken over management of Oswald’s mercantile operations and inherited the business at Oswald’s death in 1784. PHL description begins Philip M. Hamer et al., eds., The Papers of Henry Laurens (16 vols.; Columbia, S.C., 1968–2003) description ends , 16: 180–81.

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