106 APPENDIX TO BRITISH COUNTER CASE. 



to me the perusal of sundry parts of their proceedings as they stood 

 in the journals of the Congress, which he would mark out for me; 

 and if I would extract, and send them to England they would serve, 

 at least as an excuse, for them as Commissioners, in thinking them- 

 selves bound to abide by their demand. Mr. Jay accordingly gave 

 me four volumes of their journals, with sundry passages marked out 

 as above. Mr. Whiteford has been so good to copy them out, and they 

 are enclosed. 



Mr. Jay was kind enough also to read to me an article of their 

 instructions to the same purpose, and likewise certain paragraphs of 

 two late letters from his colleague, Mr. John Adams, in Holland, 

 expressly declaring, that they ought not to proceed in a treaty with 

 England until their independence is acknowledged. 



In the course of these conversations it may be supposed this gentle- 

 man took frequent opportunities to refer to the oner by Mr. Gren- 

 ville, to acknowledge their independence, in the first instance, which 

 they always considered to be absolute, and unconnected in every shape 

 with the process of a treaty: and could not conceive the reason why 

 that which we were willing to give them in May, should be refused 

 in August. If it proceeded from there being less confidence on our 

 side on this occasion, the change ought to make them still more 

 cautious than usual on their part. Mr. Jay also insisted on that offer 

 of Mr. Grenville, as a proof, that the same thing being denied now, 

 could not proceed from any supposition of restraint in the Enabling 

 Act. 



To avoid being tedious, I forbear repeating a great many more 

 things to the same purpose which passed in those conversations with 

 Mr. Jay. 



Mr. Franklin being so much out of order, I could not think of dis- 

 turbing him by frequent visits to Passy, and therefore continued 

 taking proper opportunities of talking to Mr. Jay; and the more 

 readily that by any judgment that I could form of his real intentions, 

 I could not possibly doubt of their pointing directly at a speedy con- 

 clusion of the war; and also leaning as favourably to the side of 

 England, as might be consistent with the duties of the trust he has 

 undertaken. 



To convince me that nothing less than this stood in the way of 

 agreeing to my request of accommodating this difficulty in some shape 

 or other^ he told me at last that if Dr. Franklin would consent, he 

 was willing, in place of an express and previous acknowledgment of 

 independence, to accept of a constructive denomination of character, 

 to be introduced in the preamble of the treaty, by only describing 

 their constituents as the thirteen United States of America. Upon 

 my appearing to listen to this, and to consent to the substitution, he 

 said : But you have no authority in your commission to treat with us 

 under this denomination, for the sundry descriptions of the parties 

 to be treated with as they stand in that commission will not bear 

 such application to the character we are directed to claim and abide 

 by, as to support and authenticate any act of your subscription to 

 that purpose, and particularly to the substitution now proposed. 

 There are such a variety of denominations in that commission, that 

 it may be applied to the people you see walking the streets, as well 

 as to us. 



