I submitted this draft to Dr Franklin's consideration. He thought it rather too positive, and therefore rather imprudent, for that in case Britain should remain firm, and future circumstances should compel us to submit to their mode of treating, we should do it with an ill grace after such a decided and peremptory refusal. Besides, the Doctor seemed to be much perplexed and fettered by our instructions to be guided by the advice of this Court. Neither of these considerations had weight with me; for as to the first, I could not conceive of any event, which would render it proper and therefore possible for America to treat in any other character than as 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 unsigned, it would nevertheless convey to the Ministry the sentiments and opinions I 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 Grenville had said, and Sir Guy Carleton 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.
I might now enumerate the various expedients proposed by the Count de Vergennes and the Marquis de Lafayette 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 Vergennes 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.
I must now remind you of what some of my former letters informed you, viz. the propositions made to me by the Count d'Aranda on the part of Spain. It is necessary that I should in this place go into that detail, because they will be found in the sequel to be strongly connected with the subject more immediately under consideration.
On my arrival at Paris in June last, it being doubtful whether if I made a visit to Count d'Aranda he would return it, I thought it most advisable to avoid that risk, and to write him the following letter.