As Mr Fitz Herbert informs me he intends to dispatch a Messenger to night, I take the Opportunity of referring to the Letter which I had the honour our of writing you on the 7th1 by the Courier Stayley, who Sett out on the 8th, at three in the afternoon.

In that Letter I made a full Report of my last Conversation with the American Commissioners as near to their own words as I could recollect them; which I thought it my Duty to do, however unpleasant they might appear to be. They principally turned on the question regarding the Refugees & Loyalists both as to Restitution & Compensation.

Since that time I had not Seen any of those Gentlemen, untill this Morning; when I called on Mr Jay and Mr Adams; Separately; and Sat with them a considerable time; trying to perswade them to take that matter again into consideration. But to no purpose. I had the Same Answers as I have always had from each of them on that Subject, from the beginning of my Correspondence with them. Viz— That it Should never be said that they had agreed to any Measures for the gratification of those who had been so instrumental in encouraging this War, and had so cruelly assisted in the prosecution of it; with many other Reflections relative to their opinion of their principles, Motives, and Conduct, as unpleasant as unnecessary to be here repeated; Adding, as they always have done, that if Peace with Great Britain ^was not to be had^ on any other terms, than their agreeing to those Provisions the War must go on, although it Should be for these Seven years to come. And that neither they nor their Congress had any Power in this matter, notwithstanding which they had ventured to do for the personal Safety and the Effects of those Loyalists remaining with the Garrison of New York; And upon the whole, that things of the consequence proposed rests entirely with the States.

At same ^time^ those two Commissioners owned that they were extremely desirous of Peace; and that the Treaty Sent over may be agreed to. But if refused they said they must wait for new Instructions from their Congress. That upon their report of such refusal to that Assembly, they would refer the question in dispute to the States. It might take Six Months severally to have them assembled; & perhaps Six Months, or longer to have Instructions on their Resolutions, from the Congress. Before which time, as the Several Provences will have made some progress in the liquidation of the unnecessary Destruction of private Property, they might expect to receive positive Orders to insist on reparation thereof in their next Instructions.

Both of those Gentlemen told me to day, that this Court had thought fit to take up the Question regarding the Loyalists, and become Advocates for them; and Mr Adams said that he had been sent for last Week to Versailles, and that Monsr de Vergennes had talkt to him Strongly in their favour. But that he paid no regard to his Opinion or recommendation on the Subject; and could guess at his motive for interfering, as intended to prevent a speedy Agreement with G. Britain, so as in the Interim they might bring forward their own Treaty, and those of their Allies, to a more favorable Conclusion. The other Gentleman took notice also of this circumstance and gave the same account of his opinion of the object of it. How far they are right, I don’t pretend to say.

I at last proposed to those Gentlemen, that since they would not positively undertake for a Restitution or Compensation to the Refugees & Loyalists, that they would ^add^ a Clause to the Treaty, of Recommendation to the Congress in their favour in general, leaving it to them to discriminate, according to Circumstances. Or that they, the Congress, should upon Such Recommendation make one general Sweep of Acquittance, reserving the right of certain Exceptions to themselves. This Expedient was proposed on account of a few particular Names which I had been often accustomed to hear at making Applications on this Subject. But all to no purpose, At Same time those Gentlemen owned they had an esteem and good will towards many of those Parties and ^would^ be glad to Serve them as Opportunities offered. But in either of those ways they could be of no use to them.2

I then talkt of the Evacuation of New York. Mr Adams admitted that, without a due precaution, there might be some cross accident in accomplishing it. However, he thought Generl Washington could have no objection to receiving a surrendry of the Place by Capitulation; to which their Treaty with France could not furnish any objection; since, by that Treaty, each Nation was at Liberty to prosecute the War in their own way. And so their General could do in that matter as he thought fit, and without consulting the General of the French Troops, who was under his command. Mr Adams Said, that by last Letters, they had now a well disciplined Army of near 20 Thousand Men, including the French, who were about 4000—partly with Genl. Washington, the rest in different Places.3

He also said, and so did Mr Jay, that their last Advices from the Congress complained of our mode of evacuating the Garrison of Savannah, as if we had carried off, in the way of booty, (they used that word) a number of Negroes to be Sold in the W: Indies.4 I said it must have been Negroes belonging to Loyalists who had retired with the Troops, And I was perswaded the Congress was misinformed. I hope it will prove so.

However it would appear that these Reports have so far gained ground amongst those People that they are alarmed in Carolina, being apprehensive of something of that kind at the Evacuation of Charlestown. Which, although surely without just reason, yet it is certain by Letters from Carolina just now received at Paris, the People there are apprehensive about some part of this ^kind of^ Property, which happens to be in the hands of our Garrison. However unjust those Imputations may be, I think myself bound to intimate the Reports, Since they come to me in such a way which do’s not admit of my suppressing them— If New York is evacuated by Capitulation, every pretence to Charges of this malicious kind will of course be prevented. I have the Honor to be Sir your most obedt humble Servant