230 CORRESPONDENCE, ETC., PRIOR TO TREATY OF 1818 



M r . Jay. M r . Franklin being so much out of order, I could not think 

 of disturbing him by frequent visits to Passy, and therefore continued 

 taking proper opportunities of talking to M r . Jay; and the more 

 readily that by any Judgment I could form of his real Intentions, 

 I could not possibly doubt of their pointing directly at a speedy con- 

 clusion of the War; and also leaning as favorably to the side of Eng- 

 land, as might be consistent with the Duties Of the Trust he has 

 undertaken. 



To convince me that nothing less than this stood in the way of 

 agreeing to my request of accommodating this difficulty in some shape 

 or other, he told me at last if Doctor Franklin would consent, he was 

 willing in place of an express and previous acknowledgment of In- 

 dependence to accept of a constructive Denomination of character, to 

 be introduced in the Preamble of the Treaty, by only describing their 

 Constituents as the Thirteen United States of America. Upon my 

 appearing to listen to this, and to consent to the substitution, he said, 

 but you have no authority in your Commission to treat with Us under 

 that Denomination. For the Sundry Descriptions of the Parties to 

 be treated with, as they stand in that Commission, will not bear such 

 application to the character We are directed to claim and abide by, as 

 to support and authenticate any Act of your subscription to that 

 purpose and particularly to the substitution now proposed. There 

 are such a variety of Denominations in that Commission, that it may 

 be applied to the People you see walking in the Streets, as well as to Us. 



When, in reply, I imputed that variety to the official stile of such like 

 Papers, M r . Jay said it might be so, but they must not rest a Question 

 of that importance upon any such explanation. And since they were 

 willing to accept of this, in place of an express Declaration of Inde- 

 pendence, the least they could expect was, that it should appear to 

 be warranted by an explicit author^ in that Commission. 



I then askt if, instead of States, it would not do to say Provinces; 

 or States or Provinces. — M r . Jay said neither of these would answer. 



I then begged the favor of him to give me in writing, some sketch 

 of the alteration he would have to be made in the Commission. He 

 readily did so in a minute which is inclosed; to be more largely ex- 

 plained, if necessary, when the Commission comes to be made out. 

 He also said that this new Commission must be under the Great Seal 

 as the other was. 



Before I quitted this subject I tried one other expedient for saving 

 time and avoiding the necessity of a new Commission; by reading to 

 M r . Jay the second Article of my Instructions, which empowers me 

 to treat with them, as commissioned by Constituents of any De- 

 nomination whatever. And told him that altho' this Power meant 

 only to apply to Character as assumed by them, and not to an ad- 

 mission by me without exception; yet in the present described char- 

 acter of States. I would not only admit their assuming that appella- 

 tion, in the Preamble of the Treaty, but I would venture to repeat 

 it. so as it should appear to be an acknowledgment on my part. In 

 doing so I could not suppose any hazard of objection at home, con- 

 sidering what had passed on a former occasion above mentioned, 

 together with the said Power in my Instructions. But M r . Jay saia 

 they could admit of no authority but what was explicitly conveyed 

 to me by a Commission in the usual form. And therefore to put an 

 end to this difficulty, there was an absolute necessity for a new Com- 

 mission. 



