DOCUMENTS BEAEING ON TREATY OP 1783. 101 



herbert's negotiation in the foreign treaties. I was so well convinced 

 of that being the event of a delay, and the disagreeable consequences 

 thereof, that I have promised to the commissioners that I would 

 dispatch this courier express on that subject, with my opinion of the 

 necessity of complying with their demand, having given them at same 

 time such assurance as I can venture upon, that they will not meet 

 Avith either delay or refusal. 



By the third page of the packet of this date, you will please to 

 observe that the Commissioners have given up their demand of a 

 certification of the grant by a separate deed or patent, under the 

 Great Seal, and will be satisfied with its being included in the treaty, 

 and standing as an article thereof, only that it must, upon being in- 

 serted there, be ratified or declared as absolutely and irrevocably 

 acknowledged, and as not depending upon the event of other or subse- 

 quent articles. It will be easily settled in that manner, to the satis- 

 faction of those gentlemen, for which I shall only want your permis- 

 sion to make the declaration. If the commissioners should desire 

 an extract of that article, I can certify it, and they will be satisfied, 

 as Mr. Jay assured me. If it is His Majesty's pleasure that the grant 

 should be made, the sooner I have a return to this the better, there 

 having been of late an anxiety and appearance of diffidence in those 

 gentlemen as to this matter which I presume to think it would be 

 proper to put an end to, if only to have the chance of proceeding more 

 agreeably and advantageously through the rest of the treaty. 



When they called together on the 15th I expected they would have 

 left a copy of their powers with me, as Dr. Franklin proposed some 

 days before, but they said nothing of them, which showed that they 

 are determined not to treat until their independence is acknowledged 

 either separately, or in the preliminary article of the treaty. Know- 

 ing this was the case I did not ask for their papers. 



I have punctually communicated to Mr. Fitzherbert every paper, 

 or intelligence that I think will be of any use to him, and shall with 

 great pleasure continue to do so as opportunities offer. 



I have the honour to be Sir 



Your most obedient humble servant 



RICHARD OSWALD. 



Eight Honble THOMAS TOWNSIIEND. 



No. 60. 1782, August IS: Extract from letter, Mr. Oswald to Lord 



Shelburne. 



-. . . In these papers your Lordship will see that the American 

 Commissioners will not move a step until the Independence is 

 acknowledged. And all I have been able to gain upon them, is to take 

 it into the body of a treaty, but there, as a preliminary article to be 

 signed and sealed as a ratified deed, come of the subsequent articles 

 what may. I hope, however, in that way we may get on, provided 

 orders are sent me to make the acknowledgment in the final form 

 as above mentioned. If that is granted, the sooner the order comes 

 the better. Until the Americans are contented Mr. Fitzherbert can- 

 not proceed. . . . 



92909 S. Doc. 870, 61-3, vol 7 12 



