DOCUMENTS BEABING ON TBEATY OP 1783. 107 



When, in reply, I imputed that variety to the official style of such 

 like papers, Mr. Jay said it might be so, but they must not rest a 

 question of that importance upon any such explanation. And since 

 they were willing to accept of this, in place of an express declaration 

 of independence, the least they could expect was, that it should appear 

 to be warranted by an explicit authority in the commission. 



I then asked if ; instead of States, it would not do to say provinces ; 

 or States or provinces. Mr. Jay said neither of these would answer. 



I then begged the favour of him to give me in writing, some sketch 

 of the alteration he would have to be made in the commission. He 

 readily did so, in a Minute which is inclosed ; to be more largely ex- 

 plained, if necessary, when the commission comes to be made out. 

 He also said that this new commission must be under the Great Seal, 

 as the other was. 



Before I quitted this subject I tried one other expedient for saving 

 time, and avoiding the necessity of a new commission, by reading to 

 Mr. Jay the second article of my instructions, which empowers me 

 to treat with them, as commissioned by constituents of any denomina- 

 tion whatever, and told him that, although this power meant only 

 to apply to character as assumed by them, and not to an admission by 

 me without exception ; yet in the present described character of States 

 I would not only admit their assuming that appellation in the pre- 

 amble of the treaty, but I would venture to repeat it, so as it should 

 appear to be an acknowledgment on my part. In doing so I could 

 not suppose any hazard of objection at home, considering what had 

 passed on a former occasion, as above mentioned, together with the 

 said power in my instructions. But Mr. Jay said they could admit 

 of no authority but what was explicitly conveyed to me by a commis- 

 sion in the usual form. And therefore, to put an end to this diffi- 

 culty, there was an absolute necessity of a new commission. 



He at the same time told me, that to satisfy His Majesty's Minis- 

 ters of the propriety of their conduct as persons under trust, he had 

 sketched out a letter to me which I might send home if I pleased. 

 He read the scroll of it to me, and promised to write it out fair and 

 give it me before the departure of a courier. 



So the affair rested yesterday, the 9th, when I received a letter from 

 Dr. Franklin desiring a copy of the 4th article of my instructions, 

 which I had shown to Mr. Jay, as formerly advised. Enclosed there 

 is a copy of the doctor's letter. 



Doubting as to the propriety of giving such things in writing, I 

 thought it best to go out to the doctor, carrying the instructions 

 65 along with me, to see whether a reading of that article would 

 satisfy him. But after reading it, as he still expressed a desire 

 of having a copy, 1 told him that, although I had no orders to that 

 purpose, yet at any hazard whatsoever, since he desired it, I would 

 not scruple to trust it in his hands. And then sat down and wrote 

 out a copy, and signed it, which, after comparing with the original, 

 he laid by, saying very kindly that the only use he proposed to make 

 of it, was, that, in case they took any liberties, for the sake of removing 

 difficulties not expressly specified in their instructions, he might have 

 this paper in his hands to show, in justification of their confidence. 

 Or some words to that purpose ; for I can't exactly quote them. The 

 doctor then desired I would tell Mr. Jay that he wished to see him 

 in the evening. He did go out that night and again this morning, 



