150 APPENDIX TO BRITISH COUNTER CASE. 



fore possible, for America to treat in any other character than that 

 of an independent nation; and as to the second, I could not believe 

 that Congress intended we should follow any advice which might be 

 repugnant to their dignity and interest. 



On returning to town Mr. Oswald spoke to me about this letter. 

 I told him that I had prepared a draft of one, but that, on further 

 consideration and consulting with Dr. Franklin, we thought it best 

 not to take the liberty of troubling his court with any arguments or 

 reasonings, which without our aid must be very evident to them. 



He appeared disappointed, and desired me to let him see the draft. 

 I did. He liked it; he requested a copy of it, but as I doubted the 

 propriety of such a step, I told him I would consider of it, and give 

 him an answer the next day. 



It appeared to me on further reflection that no bad consequences 

 would arise from giving him a copy of this paper; that though un- 

 signed it would nevertheless convey to the ministry the sentiments 

 and opinions T wished to impress, and that, if finally they should not 

 be content to treat with us as independent, they were not yet ripe for 

 peace or treaty with us; besides, I could not be persuaded" that Great 

 Britain, after what the House of Commons had declared, after what 

 Mr. Greville had said, and Sir Guy Carlton been instructed to do, 

 would persist in refusing to admit our independence, provided they 

 really believed that we had firmly resolved not to treat on more 

 humble terms. 



I gave him a copy, and also copies of the various resolutions of 

 Congress which evince their adherence to their independence. These 

 papers he sent by express to London, and warmly recommended the 

 issuing a new commission to remove all further delay. This matter 

 was not communicated to the Count de Vergennes, at least to my 



knowledge or belief, by either of us. 



91 I might now enumerate the various expedients proposed by 



the Count de Vergennes and the Marquis de la Fayette to 

 reconcile our difficulties, such as Mr. Oswald's writing a letter to us. 

 signifying that he treated with us as independent, &c., &c. ; but, as 

 our independence was indivisible, there could not easily be contrived 

 a half-way mode of acknowledging it, and therefore any method of 

 doing it short of the true and proper one could not bear examination. 



Being convinced that the objections to our following the advice 

 of the Count de Vergenes were unanswerable, I proposed to Dr. 

 Franklin that we should state them in a letter to him, and request 

 his answer in writing, because, as we were instructed to ask and to 

 follow his advice on these occasions, we ought always to be able to 

 show what his advice was. 



The Doctor approved of the measure, and I undertook to prepare 

 a draft of such a letter. 



******* 



[After referring to his negotiations with Spain, and a memoir 

 which he had received from M. de Rayneval containing, as Mr. Jay 

 understood, the sentiments of the French Foreign Minister, Mr. Jay 

 proceeded as follows: ] 



I did not return M. Rayneval any answer to his letter, nor any re- 

 marks on his memoir, but the first time I saw him afterwards I told 

 him I had received his letter and memoir he had done me the honour 



