146 APPENDIX TO BRITISH COUNTER CASE. 



gratified by a peace, and that I could not otherwise account for the 

 minister's advising us to act in a manner inconsistent with our dig- 

 nity, and for reasons which he himself had too much understanding 

 not to see the fallacy of. 



The Doctor imputed this conduct to the moderation of the minister, 

 and to his desire of removing every obstacle to speedy negotiations 

 for peace. He observed that this court had hitherto treated us very 

 fairly and that suspicions to their disadvantage should not be readily 

 entertained. He also mentioned our instructions as further reasons 

 for our acquiescence in the advice and opinion of the minister. A 

 day or two afterwards I paid a visit to Mr. Oswald, and had a long 

 conversation with him respecting his commission. On the resigna- 

 tion of Mr. Fox, many reports to the prejudice of Lord Shelburne's 

 sincerity on the subject of American independence had spread 

 through France as well as through Great Britain. His lordship, 

 fearful of their effect on the confidence with which he wished to 

 inspire the American commissioners, conveyed by Mr. Benjamin 

 Vaughan to Dr. Franklin an extract of certain instructions to Sir 

 Guy Carleton, of which the following is a copy, viz. : a 



******* 



In the course of the before mentioned conversation with Mr. Os- 

 wald, I reminded him that the judgment and opinion of America 

 respecting the disposition and views of Britain towards her, must be 

 determined by facts and not by professions. That the enabling act 

 and the commission granted to him in pursuance of it, by no means 

 harmonized with the language of these instructions to Sir Guy 

 Carleton. That unless the offers and promises contained in the latter 

 were realized by an immediate declaration of our independence, 

 America would naturally consider them as specious appearances of 

 magnanimity calculated to deceive and disunite them, and instead 

 of conciliating, would tend to irritate the States. I also urged in 

 the strongest terms the great impropriety and consequently the utter 

 impossibility of our ever treating with Great Britain on any other 

 than an equal footing, and told him plainly that I would have no 

 concern in any negociation in which we were not considered as an 

 independent people. 



Mr. Oswald upon this, as upon every other occasion, behaved in a 

 candid and proper manner. He saw and confessed the propriety of 

 these remarks ; he wished his commission had been otherwise, but was 

 at a loss how to reconcile it to the king's dignity, to make such a 

 declaration immediately after having issued such a commission. I 

 pointed out the manner in which I conceived it might be done; he 

 liked the thought and desired me to reduce it to writing. I did so, 

 and communicated it to Dr. Franklin, and as we corrected it, is as 

 follows, viz. : 



George III, &c., to Richard Oswald, greeting. Whereas by a certain act, &c., 

 (here follows the enabling act). 



And whereas, in pursuance of the true intent and meaning of the said act, 

 and to remove all doubts and jealousies, which might otherwise retard the exe- 

 cution of the same, we did, on the day of instruct Sir Guy Carleton, 

 &c., our general, &c., to make known to the people of the said Colonies in Con- 

 gress assembled, our royal disposition and intention to recognise the said 



See No. 33, supra, p. 42. 



