m as in some degree less obnoxious than Fox.
Thereupon Fox and his friends retired in high dudgeon from office, and
Grenville promptly asked to be recalled. His opportune request was
granted very readily, and his place was given to Fitzherbert, who
brought personal letters to Franklin, but who was not accredited to
treat with the States. It seemed that this business was now again to
fall into the hands of Oswald, and accordingly, though he still remained
without any definite authority, active discussion was resumed between
him and Franklin. Early in August both believed that an understanding
upon all important points had been reached. Jay had been ill almost ever
since his arrival in Paris, and was only now recovering; Adams was still
in Holland; so that Franklin and Oswald had had the whole matter between
themselves.

Just at this time Parliament rose; and Shelburne sent Vaughan to Paris
to give private assurance to Franklin that there would be no change in
policy towards America. A commission was at the same time drawn up and
sent to Oswald empowering him to treat with commissioners of the
"colonies or plantations, and any body or bodies corporate or politic,
or any assembly or assemblies." This singular phraseology at once
produced trouble. Jay indignantly repudiated the colonial condition
imputed by this language, and resolutely said that independence must be
no item in any treaty, but must be recognized before he would even begin
to treat. The point was discussed by him with de Vergennes and Franklin.
The French minister at first had "objected to these general words as not
being particular enough;" but now he changed his mind and advised not to
stickle; for independence must be the result of the treaty, and it was
not to be expected that the effect should precede the cause. Franklin,
with evident hesitation and reluctance,[83] gave his opinion that the
commission "would do." Oswald then showed his instructions, which
directed him to concede "the complete independence of the thirteen
States." Unfortunately the enabling act had not even yet passed, so that
there was some doubt as to the power of the ministers to agree to this.
Jay's determination remained unchanged; for he suspected that the
motives of de Vergennes were not disinterested, and thought that
Franklin was hoodwinked by his French predilections. Franklin, on the
other hand, thought that the minister wished only to expedite the
negotiation as much as possi