DOCUMENTS BEARING ON TREATY OF 1783. 99 



own opinion rather in favour of the proposal than otherwise. 

 And so it was settled with the commissioners. 



However, afterwards, on casting my eye upon the preamble of the 

 draft, where it is stated as if Sir Guy Carleton had orders to propose 

 treaties of peace, &c., to the Congress, and believing this to be a 

 mistaken quotation of memory, from the copy of Sir Guy's instruc- 

 tions in the possession of the commissioners, and as such inferring 

 an unjust imputation on the consistency of the conduct of adminis- 

 tration, and apprehending also that the commissioners entertaining 

 a doubt of this nature might have been the reason why they wished 

 to be guarded with all this caution in requiring this special acknowl- 

 edgement under the Great Seal, besides keeping their minds in sus- 

 pense in all future proceedings where confidence in good faith ought 

 to smooth the path on many occasions to a happy termination. 



I say, in reflecting on these things I thought it my duty, and I 

 confess I was on my own particular account a little anxious to have 

 an explanation of this matter. And therefore, after it had been 

 agreed in the presence of Dr. Franklin and Mr. Jay that I should 

 send off the draft, I took the liberty to point out to them the said 

 preamble, telling them that there might be a possibility of mistake 

 or misquotation in the last part of the paragraph. Mr. Jay said he 

 had not the copy of Sir Guy's instructions, and acknowledged he had 

 inserted those words from a general impression that remained on his 

 memory, and could not positively say that there might be some mis- 

 take. Dr. Franklin said he had the copy of the instructions, and 

 would send a duplicate to Mr. Jay in a few hours. He did so, and I 

 waited on Mr. Jay to see the papers. Upon the perusal, he owned 

 he had been mistaken, and that Sir Guy's instructions went no fur- 

 ther than an order of communication to inform the Congress and 

 General Washington that His Majesty intended (or had given direc- 

 tions) to grant free and unconditional independence to the thirteen 

 States, &c. 



Finding this prejudice entirely removed, and that Mr. Jay was 

 perfectly satisfied that the whole course of proceeding in this matter 

 was fair and consistent, I asked him what occasion there was then 

 for this extraordinary caution of insisting on the solemnity of such 

 separate deed under the Great Seal, &c., since a preliminary clause 

 or article in the treaty, as always intended, might do the whole busi- 

 ness by making it absolute, and not depending in the view of ascer- 

 tainment, on the event of other or subsequent articles: and which 

 might be so expressed as to remove every doubt as to the independ- 

 ence being as free and unconditional as they desired it to be. In 

 confirmation of the greater expediency and dispatch of this method, 

 and that it was the sincere intention of His Majesty to make this 

 grant in the precise way they desired, I thought myself warranted in 

 telling him, that I had a full power in my instructions to give them 

 entire satisfaction on this head ; and made no scruple in shewing it 

 him, as it stood in the 4th article thereof. . Upon the perusal, Mr. 

 Jay said that was enough and he was fully satisfied ; and there was 

 no occasion for any other writing on the subject, that resting upon 

 this would save time, and he was happy also that the discovery of this 

 mistake prevented their asking of His Majesty any farther proof of 

 his good intentions towards them than what were actually meant and 

 conveyed in these my instructions. Upon this I promised imme- 



