Franklin made a great mistake in not agreeing with him, for in the suspicious state of people’s minds at that time his conduct in this respect was taken as proof positive of his subserviency to the French court. Jay suspected that Vergennes advised accepting Oswald’s commission so as to prevent a clear admission of independence, and thus keep the United States embroiled with England as long as possible. In order to support his opposition to Jay, Franklin was obliged to talk about his confidence in the French court, its past generosity and friendliness, and also to call attention to the instruction of Congress that the commissioners should do nothing without the knowledge of the French government, and in all final decisions be guided by that government’s advice.

This instruction had been passed by Congress after much debate and hesitation, and was finally carried, it is said, through the influence of the French minister. Its adoption was a mistake; without it the commissioners would probably of their own accord have sought the advice of Vergennes; but a positive order to do so put them in an undignified and humiliating position. Franklin had been so long intimate with Vergennes and was so accustomed to consulting him that the instruction was superfluous as to him. His reputation was so great in France and his tact so perfect that he was in no danger of feeling overshadowed or subdued by such consultations; but Jay and Adams so thoroughly detested the instruction that they had made up their minds to disregard it altogether.

“Would you break your instruction?” said Franklin.

“Yes,” said Jay, “as I break this pipe,” and he threw the pieces into the fire.

Jay’s firmness compelled Oswald to obtain a new commission in the proper form, and while he deserves credit for this and also for his principle, “We must be honest and grateful to our allies, but think for ourselves,” he seems in the light of later evidence to have been mistaken in his deep mistrust of the French court. His opinions have been briefly stated by Adams:

“Mr. Jay likes Frenchmen as little as Mr. Lee and Mr. Izard did. He says they are not a moral people; they know not what it is; he don’t like any Frenchman; the Marquis de Lafayette is clever, but he is a Frenchman. Our allies don’t play fair, he told me; they were endeavoring to deprive us of the fishery, the western lands, and the navigation of the Mississippi; they would even bargain with the English to deprive us of them; they want to play the western lands, Mississippi, and whole Gulf of Mexico into the hands of Spain.” (Adams’s Works, vol. iii. p. 303.)

Jay had had a very bitter experience in Spain, where the cold haughtiness and chicanery of the court had made him feel that he was among enemies. The instructions sent to him by Congress had been intercepted, and instead of receiving them as secret orders from his government, they had been handed to him by the Spanish prime-minister after that official had read them. He was accordingly prepared to think that the French government was no better.

In a certain sense there were grounds for his suspicion of France. She was interested in the fisheries on the Banks of Newfoundland, and would naturally like to have a share in them. It was also obviously her policy to prevent the United States and England from becoming too friendly and from making too firm a peace, for fear that they might unite at some future time against her. If she could get them to make a sort of half peace with a number of subjects left unsettled, about which there would be difficulties for many years, it would be a great advantage to her.

Spain wanted to secure the control of the Gulf of Mexico, the exclusive navigation of the Mississippi, and the possession of the lands west of that river, and France, as her ally, might be expected to assist her to obtain these concessions. Arguments and suggestions favoring all these projects were unquestionably used by Frenchmen at that time, and no doubt Vergennes and other public men often had them in mind. It was their duty at least to consider them. But there is no evidence that they actively promoted these schemes or acted in any other than an honorable manner towards us.

As a matter of fact, our commercial relations with England were left unsettled. England claimed, among other things, the right to search our ships, and there was great discontent over this for a long time, amply sufficient to keep us from friendship with England until the question was finally settled by the war of 1812. Adams seems to imply that he could have settled this and other difficulties in 1780 by the commercial treaty which he was empowered to make with England, and that Vergennes, in advising him not to communicate with England, had intended to keep England and the United States embroiled. Possibly that may have been Vergennes’s intention. But as it was afterwards found impossible to adjust these commercial difficulties until the war of 1812, and as Adams himself did not attempt it, though he might have done so in spite of Vergennes’s advice, and as they were finally settled only by a war, it is not probable that Adams could have adjusted them in the easy, offhand way he imagines. In any event, it was not worth while for the sake of these future contingencies to offend Vergennes and jeopardize our alliance and the loans of money we were obtaining from France.