John Jay’s Draft of a Proposed Alteration in Oswald’s Commission, 9 September 1782
John Jay’s Draft of a Proposed Alteration in Oswald’s Commission
[Paris, 9 September 1782]
A commission (in the usual Form) to Richard Oswald Esquire to treat of Peace or Truce with ^Commissioners or^1 Persons vested with equal Powers by and on the Part of the thirteen United States of America,2 would remove the Objections to which his present Commission is liable, and thereby render it , Start deletion,justifiable, End, ^proper^3 for the American Commissioners to proceed to treat with him on the Subject of Preliminaries.
Dft, UkLPR: FO 27/ 2: 281, enclosed in Oswald to Townshend, 10 Sept. 1782, below. Endorsed: “Sketch of an Alteration / proposed by Mr. Jay to / be made in , Start deletion,the, End, His Majestys / Commission for treating / with the Commissrs of the / Colonies. received about / 8 days ago. / 10th Septr 1782—/ In Mr Oswald’s Letter / 10th Septr 1782.” Cs, UkLPR: FO 97/ 57 and FO 95/ 511 (EJ: 5024); MiU-C, Shelburne 70; DLC: Franklin (EJ: 10343). LbkCs, embedded in JJ to the Secretary for Foreign Affairs, 17 Nov. 1782, below, DNA: PCC, 110, 2: 167; NNC: JJ Lbk. 1; CSmH.
1. “Commissioners or” interlined in Oswald’s hand.
2. Below JJ’s draft Oswald appended the following note: “11th Augt. [error for Sept.]: In case the proposed Alteration in the Commission should be agreed on, I humbly Submit whether it will not be proper in the description of the American parties to be treated with, to leave out a great part or all that variety of Denominatns of Colonies, Bodies Corporate, Persons &ca as they now Stand in the Commission, & to confine the Description to just what is necessary as in the Sketch abovementioned, or with Such farther addition only as may not give offence to the Commissrs.” Oswald continued: “I have not Said any thing to Mr. Jay respecting the words of the above Mem[orandu]m. having forgot to do so, But I think the words—or Commissioners would stand properly after ^or before^ the word Persons in the above Minute—” The revised commission approved on 19 Sept. adopted the wording suggested beginning with “Commissioners” and ending with “America.”
3. The substitution of “proper” for “justifiable” is in the hand of JJ.