64 APPENDIX TO BRITISH COUNTER CASE. 



Colonies were not mentioned in Mr. Grenville's commission. Mr. 

 Oswald thought it likely, and said that the words, "Insertion of 

 commissioners recommended by Mr. Oswald," related to his advising 

 an express mention in the bill of the commissioners appointed by 

 Congress to treat of peace, instead of the vague denomination of any 

 person or persons, <&c., in the first draft of the bill. 



As to the loyalists, I repeated what I had said to him when first 

 here, that their estates had been confiscated by the laws made in par- 

 ticular States where the delinquents had resided, and not by any law 

 of Congress, who, indeed, had no power either to make such 

 40 laws or to repeal them, or to dispense with them, and therefore 

 could give no power to their commissioners to treat of a restora- 

 tion for those people ; that it was an affair appertaining to each State. 

 That if there were justice in compensating them, it must be due from 

 England rather than America; but in my opinion England was not 

 under any very great obligations to them, since it was by their misrep- 

 resentations and bad counsels she had been drawn into this miserable 

 war. And that if an account was to be brought against us for their 

 losses, we should more than balance it by an account of the ravages 

 they had committed all along the coasts of America. 



Mr. Oswald agreed to the reasonableness of all this, and said he 

 had, before he came away, told the Ministers that he thought no 

 recompense to those people was to be expected from us ; that he had 

 also, in consequence of our former conversation on that subject, given 

 it as his opinion that Canada should be given up to the United States, 

 as it would prevent the occasions of future difference; and as the 

 government of such a country was worth nothing and of no impor- 

 tance, if they could have there a free commerce; that the Marquis of 

 Rockingham and Lord Shelburne, though they spoke reservedly, did 

 not seem verv averse to it, but that Mr. Fox appeared to be startled 

 at the proposition. He was, however, not without hopes that it would 

 be agreed to. 



We now come to another article of the note, viz.: " On our part 

 commissioners will be named, or any character given to Mr. Oswald, 

 which Dr. Franklin and he may judge conducive to a final settle- 

 ment of things between Great Britain and America." 



This he said was left entirely to me, for he had no will in the affair ; 

 he did not desire to be further concerned than to see it in train; he 

 had no personal views either of honor or profit. He had now seen 

 and conversed with Mr. Grenville ; thought him a very sensible young 

 gentleman and very capable of the business ; he did not, therefore, see 

 any further occasion there was for himself; but if I thought otherwise 

 and conceived he might be further useful, he was content to give his 

 time and service in any character or manner I should think proper. 

 I said his knowledge oif America, where he had lived, and with every 

 part of which and of its commerce and circumstances he was well ac- 

 quainted, made me think that in persuading the ministry to things 

 reasonable relating to that country, he could speak or write Avith more 

 weight than Mr. Grenville, and therefore I wished him to continue in 

 the service; and I asked him whether he would like to be joined in a 

 general commission for treating with all the poAvers at war Avith Eng- 

 land, or to have a special commission to himself for treating with 

 America only. He said he did not choose to be concerned in treaty 

 with the foreign powers, for he was not sufficiently a master of their 



