102 APPENDIX TO BRITISH COUNTER CASE. 



No. 61. 1782, August 18: Extract from letter, Mr. Oswald to Mr. 



Townshend. 



PARIS Sunday 18th August 1782 



SIR Before the courier sets out I find myself under a necessity of 

 troubling you with this addition to my letter of yesterday's date, so 

 as I may have your particular instructions on the subject thereof. 

 It relates to the garrisons of New York, and other stations; if any 

 are still remaining in our hands within the districts of the Thirteen 

 States. 



The Commissioners here insist on their independence, and conse- 

 quently on a cession of the whole territory. And the misfortune is 

 that their demand must be complied with in order to avoid the worst 

 consequences, either respecting them in particular, or the object of 

 general pacification with the foreign States, as to which nothing can 

 be done until the American independence is settled. 



Allow me then, Sir, to suppose that you give me permission to 

 declare this independence, as the first article of the treaty, and to 

 certify the same as so much absolutely finished in the process; and 

 which thereby becomes a ratified Act, let what will happen afterwards 

 in the subsequent demands of either side in the course of the treaty, 

 which is, I believe, what the commissioners will insist on, or will not 



treat at all. 



62 Our garrisons, if still remaining, are then at their mercy, 



unless saved here by an exception in the general cession, which 

 won't be liked, and would be difficult to settle ; or by a second article 

 or stipulation on the part of the Commissioners solemnly ratified in 

 the same manner as was that of the preceding one of independence. 



This, I think would be the smoothest way, and which I would fain 

 hope they would agree to. And yet I did not think it prudent to 

 state any questions to those Commissioners on the subject, fearing I 

 should not receive such agreeable answer as I could wish, until they 

 are satisfied that I have authority to settle the point of independence, 

 and are thereby in humour to take subordinate things into reasonable 

 consideration. 



No. 62. 178%, September 1: Extract from letter, Mr. Townshend to 



Mr. Oswald. 



WHITEHALL 1 Sept 1782 



SIR I have received and laid before the King your letters of the 

 17th, 18th, and 21st instant, together with the three packets of papers 

 containing conversations with Dr. Franklin and Mr. Jay. and your 

 observations thereupon, enclosed in your letter of the 17th, and I 

 am commanded to signify to you His Majesty's approbation of your 

 conduct, in communicating to the American Commissioners the 4th 

 article of your instructions, which could not but convince them that 

 the negotiations for peace, and the cession of independence to the 

 thirteen United Colonies were intended to be carried on, and con- 

 cluded with the Commissioners in Europe. Those gentlemen having 

 expressed their satisfaction concerning that article, it is hoped they 



