sioners. Jay insisted that independence ought to have been granted by Act of Parliament, and an order given for the withdrawal of all troops, previous to any proposal for a treaty; and he insisted that a certificate should be given of the grant by a Proclamation, or a Patent under the Great Seal. In vain did Oswald point out that the constitutional character of any such proceeding as that proposed might be called in question in England, and discussions arise which would only add to the existing difficulties. Jay replied by passing in review the whole conduct of England to America, going so far as even to constitute himself the apologist of the French, and to assert that they had been very hardly treated in the last war. Oswald with much force pointed out that that war had been undertaken solely for the benefit of the American Colonies, and that the treaty which concluded it had been dictated from a regard to their supposed interests. Jay however remained obdurate.[1] "We have little to expect from him," wrote Oswald to Shelburne, "in the way of indulgence." It afforded but small consolation that Franklin told him that Jay "was a lawyer, and might think of things that did not occur to those who were not lawyers," for as Oswald observed, that would be the very reason why in all probability a great share of the business would be assigned to him. Oswald at length asked Jay if he would be satisfied with such an alteration in his commission as would imply that the clause in the treaty recognizing independence should be made independent of the others.[2] Jay said he would, and suggested further that the words "we do hereby in pursuance of our royal word for ourselves and our successors, recognize the said Thirteen Colonies as free and independent States" be inserted in it. "The American Commissioners," Oswald wrote to Shelburne, "will not move a step until the independence is acknowledged, and till the Americans are contented, Mr. Fitzherbert cannot proceed."[3]
