DOCUMENTS BEARING ON TREATY OF 1783. 123 



this side of the water, rather matters of decoration than of use. It 

 gave me nevertheless great pleasure to receive that letter, it being the 

 first from you that had reached me, the Lord knows when. I find 

 you are industrious, and of consequence useful, so much the better 

 for yourself, for the public, and for our friend Morris, whom I con- 

 sider as the pillar of American credit. 



The King of Great Britain, by letters patent under the great seal, 

 has authorised Mr. Oswald to treat with the commissioners of the 

 United States of America. His first commission literally pursued 

 the enabling act. and the authority it gave him was expressed in the 

 very terms of that Act, viz, to treat with the colonies, and with any 

 or either of them, and any part of them, and with any description of 

 men in them, and with any person whatsoever, of and concerning 

 peace, &c. 



Had I not violated the instructions of Congress, their dignity 

 would have been in the dust; for the French minister even took pains, 

 not only to persuade us to treat under that commission, but to pre- 

 vent the second, by telling Fitzherbert that the first was sufficient. 

 I told the minister that we neither could nor would treat with any 

 nation in the world on any other than on an equal footing. 



We may and we may not have a peace this winter. Act as if the 

 war would certainly continue; keep proper garrisons in your strong 

 posts; and preserve your army sufficiently numerous, and well 

 appointed, until every idea of hostility and surprise shall have com- 

 pletely vanished. 



I could write you a volume, but my health admits only of short 

 intervals of application. 



Present my best wishes to Mr. and Mrs. Morris and such other of 

 our friends as may ask how we do. 



I am, &c., JOHN JAY. 



No. 77. 1782, October 14-' Extract from letter, Dr. Franklin to Mr. 



Livingston. 



PASSY, October 1 

 SIR: I have but just received information of this opportunity, and 

 have only time allowed to write a few lines. 



In my last, of the 26th past, I mentioned that the negotiation for 

 peace had been obstructed by the want of due form in the English 

 commissions appointing their plenipotentiaries. In that for treat- 

 ing with us the mentioning our States by their public name had 

 been avoided, which we objected to; another is come, of which I send 

 a copy enclosed. We have now made several preliminary proposi- 

 tions, which the English minister, Mr. Oswald, has approved and 

 sent to his court. He thinks they will be approved there, but 

 75 I have some doubts. In a few days, however, the answer 

 expected will determine. By the first of these articles the 

 King of Great Britain renounces for himself and successors all 

 claim and pretension to dominion or territory within the thirteen 

 United States; and the boundaries are described as in our instruc- 

 tions, except that the line between Nova Scotia and New England 

 is to be settled by commissioners after peace. By another article the 

 fishery in the American seas is to be freely exercised by the Ameri- 



