DOCUMENTS BEARING ON TREATY OF 1783. Ill 



be moderate. The commissioners say they will be so in all events. 

 In anything I have to do with those gentlemen I could not wish to 

 be on better terms. I beg your Lordship's pardon for scratching 

 away in this loose manner, but the truth is I have but just done with 

 my official dispatch, and the courier's hour of appointment being at 

 hand, I cannot detain him. 



I have the honour to be with sincere regard and esteem My Lord, 

 Your Lordship's most obedient humble servant 



RICHARD OSWALD. 



67 Extract from Mr. Jay's draft of a proposed letter to Mr. 

 Oswald, enclosed in the foregoing. 



SIR It is with regret that we find ourselves obliged by our duty 

 to our country to object to entering with you into negotiations for 

 peace on the plan proposed. One nation can treat with another 

 nation only on terms of equality, and it cannot be expected that we 

 should be the first and only servants of Congress who would admit 

 doubts of their independence. . . . 



As to referring an acknowledgment of our independence to the 

 first article of a treaty, permit us to remark that this implies that 

 we are not to be considered in that light until after the conclusion 

 of the treaty, and our acquiescing would be to admit the propriety of 

 our being considered in another light during that interval. . . . 



^Nb. 65. 1782, September: Extract from Mr. Oswald's Minutes 

 (enclosed in his letter to Lord Shelburne of September 11) regard- 

 ing the intended treaty with the commissioners of the colonies and 

 what is required of him by His Majesty's instructions on that head, 

 August 29, 1782. 



Independence I presume, must be granted and confirmed by the 

 same being signed and sealed as a preliminary. 



If admitted into the treaty as the first article thereof, I suppose 

 it will be understood that the same is only for form's sake; and 

 most likely a separate acknowledgement will be demanded under all 

 the formality of ratification. 



The treaty being thus begun, and independence granted, I shall 

 then ask the Commissioners, whether that is sufficient to satisfy them, 

 so as an end may be put to the war between Great Britain and the 

 thirteen States of America and shall wait their answer. 



Supposing they make further demands, and that they are the same 

 as proposed by Dr. Franklin on the 10th July last, and are divided 

 into two classes as on that occasion: necessary or indispensable and 

 adviseable. 



As to the class of adviseable articles, I may reply that, however 

 benevolent the object of them may be, as tending to promote a cordial 

 reconciliation between the two countries, yet on various accounts it 

 will be proper to leave those propositions out of the treaty alto- 

 gether; and to settle such as are of more immediate concern, being 

 those upon which a restoration of peace is to depend, and by which 



