134 APPENDIX TO BRITISH COUNTER CASE. 



ment; and for an immediate repossession of their properties, and 

 peaceful enjoyment thereof, under the Government of the United 

 States. To this you have not hitherto given a particular or direct 

 answer. 



It is, however, incumbent on me, as Commissioner of the King of 

 Great Britain, to repeat those several demands, and, without going 

 over those arguments upon paper (which we have so often urged in 

 conversation, to press your immediate attention to these subjects, and 

 to urge you to enter into proper stipulations for the restitution, com- 

 pensation, and amnesty above mentioned, before we proceed further 

 in this negociation. 



I have the honour to be, &c., RICHARD OSWALD. 



No. 90. 1782, November 5: Letter, Messrs. Adams, Franklin and 



Jay to Mr. Oswald. 



PARIS, November 5, 1782. 



SIR : In answer to the letter you did us the honor to write on the 

 4th instant, we beg leave to repeat what we often said in conversa- 

 tion, viz., that the restoration of such of the estates of refugees as 

 have been confiscated is impracticable, because they were confiscated 

 by laws of particular States, and in many instances have passed by 

 legal titles through several hands. Besides, sir, as this is a matter 

 evidently appertaining to the internal polity of the separate States, 

 the Congress, by the nature of our Constitution, have no authority 

 to interfere with it. 



As to your demand of compensation to those persons, we forbear 

 enumerating our reasons for thinking it ill-founded. In the moment 

 of conciliatory overtures, it would not be proper to call certain scenes 

 into view, over which a variety of considerations should induce both 

 parties at present to draw a veil. Permit us, therefore, only to 

 repeat that we can not stipulate for such compensation unless on your 

 part it be agreed to make retribution to our citizens for the heavy 

 Josses they have sustained by the unnecessary destruction of private 

 property. 



We have already agreed to an amnesty more extensive than justice 

 required, and full as extensive as humanity could demand. We can, 

 therefore, only repeat that it cannot be extended farther. We should 

 be sorry if the absolute impossibility of our complying further with 

 your propositions should induce Great Britain to continue the war 

 for the sake of those who caused and prolonged it. But, if that should 

 be the case, we hope that the utmost latitude will not be again given 

 to its rigors. 



Whatever may be the issue of this negotiation, be assured, sir. that 

 we shall always acknowledge the liberal, manly, and candid manner 

 in which you have conducted it, and that we shall remain with the 

 warmest sentiments of esteem and regard, sir, your most obedient 

 and very humble servants, 



JOHN ADAMS, 

 B. FRANKLIN, 

 JOHN JAY. 



