Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-09-11

Sheburne OF establishing peace on different basis
and Of conceding independence the price OF
peace, or for an equivalent in commercial priv.
leges, or concession of territory. The enabling ac
went through Parliament empowering his Majesty
to make peace, and without word about indepen.
dence or even abiding to the United States as a
separate Power.
Mr. Oswald, who had not left Paris, presented
himself to DIR. Franklin as the British Commits
sioner, with instructions from Lord Shelburne, and
promise that his commission would soon be for
warded. Conversations were now held concerning
the outlines of treaty. DIR. Franklin proposed
three articles which he said were essential and ne
cessary for peace +" independence, full and COM
pete a settlement of the boundaries on the ancient
footing freedom of fishing on the Banks OF
Newfoundland and elsewhere" These articles
and others considered by Franklin advisable for
curing permanent peace, were sent over to the
Ministry, and Mr.. Oswald was authorized to treat
by assuming the essential articles as the basis Of
treaty II thus appears that, at the outset the Bri-
fish Ministry decided to yield the fisheries although
they afterwards struggled hard to retain them.
Just at this time Mr.. Jay arrived from Madrid
and joined III the negotiation, and in fact was for
several weeks chiefly concerned in it, as DR.. Frank
lin was confined by illness, and could take little
part except in occasional consultations. Mr.. Os-
wald's commission at length produced. The
American Commissioners were Justly dissatisfied
with it, and Mr.. Jay refused to proceed unless it
was altered. The United States were not alluded
to as separate Power, but were called :. Colonies
or Plantations in North America" 1t appeared,
moreover, that independence was to be granted as
the first article of the treaty. Mr.. Jay insisted
that it ought to be done previously by proclamation,
but Mr. Oswald replied that the King could not is
sue such proclamation without the authority OF
Parliament, and if the treaty were to be delayed
till the meeting of Parliament and the subject in
this form to be brought before that assembly,
no one could foresee the consequences. After long
discussions Mr.. Jay finally agreed that, with the
consent of DR.. Franklin, he would proceed under
the commission if the preamble should be SO altered
that their constituents should be denominated the
thirteen United States of America" The commits
sion sent back to London, and the change was
made without hesitation. Independence was finally
secured by the first article in the treaty. and not by
previous acknowledgment. Mr.. Adams had said,
in letter to Dr. Franklin, g if they make treaty
Of peace with the United States of America this is
acknowledgment enough for me-"
| In the midst of these skirmishes Count de V err
gennes was consulted. He thought the commission
valid, and that they might proceed under it. if they
took care to secure independence by an article in
the treaty. The proposal to treat was in fact a re-
cognition. DIR. Franklin seemed to be of this
opinion. Although he disliked the commission,
yet, as it was faulty only in form, he doubted the
expediency of sending it back, and thereby delay
ing the treaty. and perhaps endangering il by rails
ing new difficulties Mr.. Jays suspicion was
strangely excited by this interview with Count de
Vergennes. He said to DIR. Franklin " that il was
evident the Court did not wish to our indepen-
dence acknowledged by Britain until they had made
all their uses of u.s." DR.. Franklin replied, g this
Court has hitherto treated us very fairly and sus-
picons to their disadvantage should not be readily
entertained" Nearly six years steady and init
mate intercourse, on all the important affairs be-
tween the two countries, would seem to have fur
nished him with the proper means Of knowledge,
and to have authorized him to speak with con-
fdence.
Mr.. Jay was not satisfied, however, but continued
still to suspect underplot some concealed de-
sign. few days later he wrote as follows to Mr..
Livingston Secretary OF Foreign Affairs
q" persuaded that this Court chooses to postpone an
acknowledgment of independence by Britain the
cuon Of general peace, order keep under their
recon until only their and objects attained but
also until Spain shall be gatfed in her demands exclude
every body from the Gulf, &C. We ought let France
know that have such ideas While they think free
from suspicion they will think open and should
make no other Of this discovery than TO put our
guard"
Mr.. Jay might well have imagined with what as
constituent Mr.. Livingston would receive this dis
closure, if he had known, as was the fact, that
Count de Vergennes communicated fully and with
out reserve the details, of the negotiation TO the
| French Minister in Philadelphia, who showed them
in good faith to the American Secretary, and there
by informed him of the actual state of things, and
of the undisgused sentiments of the French Court
This suspicion presents itself in striking contrast
with the official declaration of Count de Vergennes
to the British negotator above cited that the King
had heard with the greatest satisfaction" that his
Britannia Majesty would acknowledge the indepen-
dence of the United States the preliminary step
to treaty This mode was certainly preferred BY
the French Court, but the other would attain the
end, and it was believed not worth while TO carry
on contest about forms, merely for the sake of
form.
Mr.. Jay discovered other causes of suspicion
One Of these contributed so much to influence the
future conduct of tfe Commissioners that it de-
serves notice. The tangled web of Oswald's com.
mission had scarcely been unraveled, when it came
to the knowledge Of Mr. Jay that M. de Rayneva,
the principal secretary under Count de Vergennes
in the Department of Foreign Affairs, had suddenly
disappeared, and was on his way to London. lie
Immediately applied himself to conjecture the OBJ
jects Of this hasty and unexpected journey, and he
believed them 10 be the following, stated in his
official despatch:
First To let Lord sheburne know that the demands of