DOCUMENTS BEARING ON TREATY OF 1783. 105 



he could wish to have a copy of that instruction. I told him it should 

 be sent to him. He was ill at the time; and as he could not come to 

 town, he gave me a letter to Mr. Jay, desiring him to come out to him 

 in the evening. 



I called on that ~entleman. When informing him of the manner 

 in which I was autnorised to treat, he said that they could not pro- 

 ceed unless their independence was previously so acknowledged as to 

 be entirely distinct and unconnected with treaty. In the course of 

 this conversation, and the day thereafter, a good deal was said of the 

 same nature with what had passed on former occasions relative to this 

 subject, as advised in my letters of last month. 



Two days ago Dr. Franklin sent to me, desiring a copy of the in- 

 struction which I had promised, as above mentioned. I copied out 

 the first part of your letter of the 1st instant, leaving out some im- 

 material words, and sent it enclosed in a letter from myself, of both 

 of which papers there is a duplicate under this cover. 



Since then, I have seen Mr. Jay frequently, and have used every 

 argument in my power to get him over his objections to treating, 

 without a separate and absolute acknowledgment of independence. 

 And for that purpose I found it necessary (although unwillingly), 

 yet as of my OAvn private opinion, to tell him, that there might be a 

 doubt whether the powers in the Act of Parliament went so far, as 

 to allow of making that grant, otherways than as in the course of a 

 treaty for peace; which, as you are pleased to observe, was the sole 

 object of the Act. 



I said, moreover, that if they persisted in this demand there could 

 be nothing done until the meeting of Parliament, and perhaps for 

 some considerable time thereafter. That certain articles had been 

 already agreed upon ; and if we went on and settled the treaty on that 

 footing, with independence standing as the first article of it, Ave might 



ive opportunity to the foreign treaties to be going on at the same, 

 o as, for a conclusion of general peace, there might be nothing 

 wanting, at the meeting of Parliament, but a confirmation of the said 

 first article, in case it should be then thought necessary; which I 

 imagined would not be the case. 



In answer to this, Mr. Jay said, there could be no judgment formed 

 as to when the foreign treaties would end, and that until that with 

 France was concluded, they of the Colonies could not give us either 

 peace or truce, nor could they presume, so much as to give an opinion 

 of the demands of France, whatever they might be ; since, until their 

 independence was acknowledged absolutely; and unconnected with 

 treaty, they were as no body, and as no people. And France could 

 tell them so, if they were to pretend to interfere; having failed in 

 acquiring that character, for which they had jointly contended. And 

 therefore they must go on with France, until England gave them 

 satisfaction on the point in question. That to this they were bound 

 by treaty; which their constituents were determined honestly and 



faithfully to fulfil. 



64 That being the case, it could not be expected that they, as 



servants, could take it upon them to dispense with the said 

 acknowledgment. 



That by looking over the sundry resolves of their Congress, I might 

 see that that assembly did not mean to seek for their character in an 

 article of any treaty. And for that purpose Mr. Jay recommended 



