On the whole, it would not have been well for Franklin to have continued
to conduct the negotiations alone. The situation was difficult, and the
united efforts and varied ability of at least three commissioners were
required. Neither Franklin nor Jay knew much about the fisheries
question, and they might have been forced to yield on this point. But
Adams, from his long experience in conducting litigation for the
Massachusetts fishing interests, was better prepared on this subject
than any other American, and it was generally believed by the public men
of that time that the important rights we secured on the Newfoundland
Banks were due almost entirely to his skill. He was also more familiar
with the boundary question between Maine and New Brunswick, and had
brought with him documents from Massachusetts which were invaluable.
While Jay and Franklin were acting together before the arrival of Adams,
a serious question arose about the commission of Oswald, the British
negotiator who had come over to Paris. He was empowered to treat with
the “Colonies or Plantations,” and nowhere in the document was the term
United States of America used. Jay refused to treat with a man who held
such a commission. Franklin and Vergennes vainly urged that it was a
mere form, and that Great Britain had already in several ways
acknowledged the independence of the United States. Oswald showed an
article of his instructions which authorized him to grant complete
independence to the thirteen colonies, and he offered to write a letter
declaring that he treated with them as an independent power; but Jay
was inflexible, and in this he seems to have been right.
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.
Public-domain text, read in full here on John Shaqi.
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