that his Court was misled by this, for that the language of
Mr Townshend corresponded so exactly with that of the Count de
Vergennes, and was at the same time so contrary to that of the
instructions to Sir Guy Carleton, as to be inexplicable on any other
principle. I also told him I suspected, that the courier despatched by
Mr Fitzherbert on his return from Versailles had been the means of
infusing these ideas. He smiled, and after a little pause said; why,
Count de Vergennes told Mr Fitzherbert, that my commission was come
and that he thought it would do, and therefore they might now go on,
and accordingly they did go on to discuss certain points, and
particularly that of Newfoundland.
Mr Oswald did not deny or contradict the inference I drew from this,
viz. that Mr Fitzherbert, struck by this conduct of Count de
Vergennes, and finding that the commission given to Mr Oswald was
deemed sufficient by him, thought it his duty directly to inform his
Court of it, and thereby prevent their being embarrassed by our
scruples and demands on a point, on which there was so much reason to
think, that our allies were very moderate.
For my own part I was not only persuaded that this was the case, but
also that the ill success of Mr Oswald's application was owing to it.
These considerations induced me to explain to him, what I supposed to
be the natural policy of this Court on the subject, and to show him
that it was the interest of Britain to render us as independent on
France, as we were resolved to be on her. He soon adopted the same
opinion, but was at a loss to see in what manner Great Britain,
considering what had just past, could consistently take further steps
at present. I told him, that nothing was more easy, for that the
issuing of another commission would do it. He asked me if he might
write that to the Ministry; I told him he might; he then desired, in
order to avoid mistakes, that I would give it to him in writing, which
I did as follows, viz.
"A commission (in the usual form) to Richard Oswald to treat of peace
or truce with Commissioners, vested with equal powers by and on the
part of the United States of America, would remove the objections to
which his present one is liable, and render it proper for the American
Commissioners to proceed to treat with him on the subject of
preliminaries."
I then reminded him of the several resolutions of Congress, passed at
different periods, not to treat with British
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