the Treaty of Paris; and these were to be considered as the basis of the negotiation."[1]
Oswald however could not as yet receive the formal character of a negotiator, as the Enabling Bill which removed the penalties imposed by previous statutes on persons communicating with the revolted colonists had not yet passed into law. It was the intention of Fox, though as yet unknown to his colleagues, whenever the question of the appointment of an Envoy came before the Cabinet, to claim that the minute of the 23rd of May recognized the independence of the United States, and ipso facto transferred the negotiation from the Colonial to the Foreign Department, i.e. from the department of Shelburne to his own.[2] Such however was not the view of Shelburne. To the minute of the 23rd of May he did not attach the same meaning as Fox; and he intended that whoever might ultimately be the negotiator with America, were it Grenville, Oswald, or any one else, should act in direct communication with him. Meanwhile, suspecting that the intention of Fox was to quarrel, he wrote to him as follows:—"I am just now writing to Mr. Oswald, and instruct him of course to remain at Paris as Dr. Franklin desires, till he has orders to return. I likewise desire him to communicate freely to Mr. Grenville whatever may be of use to him, taking it for granted that you will instruct Mr. Grenville to apprize him of the power sent him, and of such other matters as may be useful in governing his intercourse with Dr. Franklin and the other American Commissioners, that it may not be supposed in France that there is or can be any difference among us upon the great subjects of Peace and War."[3]
To Oswald himself he at the same time wrote as follows: "Mr. Grenville will, I make no doubt, acquaint you of the powers sent him by the present messenger, together with all such other matters as may be necessary
