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 execution 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 Congress assembled, our royal disposition and intention to recognise the said Colonies as independent States, and as such, to enter with them into such a treaty of peace as might be honorable and convenient to both countries.
"And whereas further, in pursuance of the said act, we did on the —— day of —— authorise and commission you, the said Richard Oswald, (here follows the commission.) Now, therefore, to the end that a period may be put to the calamities of war, and peace, commerce, and mutual intercourse the more speedily restored, we do hereby, in pursuance of our royal word, for ourselves and our successors, recognise the said thirteen Colonies as free and independent States. And it is our will and pleasure, that you do forthwith proceed to treat with the Commissioner or Commissioners already appointed, or to be appointed for that purpose by the Congress of the said States, and, with him or them only, of and concerning the objects of your said commission, which we do hereby confirm, and that this declaration be considered by you as a preliminary article to the proposed treaty, and be in substance or in the whole inserted therein, or incorporated therewith. And it is our further will and pleasure, that, on receiving these presents, which we have caused to be made patent, and our great seal to be hereunto affixed, you do deliver the same to the said Commissioner or Commissioners, to be by him or them transmitted to the Congress of the United States of America, as an earnest of the friendship and good will, which we are disposed to extend to them. Witness, &c. 15th of August, 1782."
Mr Oswald approved of the draft, and said he would recommend the measure to the Minister. The next day, however, he told me that he had an instruction, which he thought enabled him to make the declaration; but that it would be necessary to obtain the previous consent of the Minister for that purpose. He then read to me the fourth article of his instructions, of which the following is a copy, viz.
"In case you find the American Commissioners are not at liberty to treat on any terms short of independence, you are to declare to them that you have our authority to make that cession; our ardent wish for peace disposing us to purchase it at the price of acceding to the complete independence of the thirteen colonies."
He said he would immediately despatch a courier to London, and would press the Ministry for permission to acknowledge our independence without further delay, which he accordingly did.
At this time the commission under the great seal had arrived, and Dr Franklin and myself went to Versailles to communicate that circumstance to the Count de Vergennes, and (agreeably to our instructions) to inform him of what had passed between Mr Oswald and us.
The Count and myself again discussed the propriety of insisting, that our independence should be acknowledged previous to a treaty. He repeated, that it was expecting the effect before the cause, and many other similar remarks, which did not appear to me to be well founded. I told the Count, that a declaration of our independence was in my opinion, a matter of very little consequence; that I did not consider our independence as requiring any aid or validity from British acts; and provided, that nation treated us as she treated other nations, viz. on a footing of equality, it was all that I desired. He differed with me also in this opinion. He thought an explicit acknowledgment of our independence in treaty very necessary, in order to prevent our being exposed to further claims. I told him we should always have arms in our hands to answer those claims, that I considered mere paper fortifications as of but little consequence; and that we should take care to insert an article in the treaty, whereby the King of Great Britain should renounce all claims of every kind to the countries within our limits.
The Count informed us, he had delayed doing business with Mr Fitzherbert, until we should be ready to proceed with Mr Oswald, and that he expected to see him the next day or the day after.