Papers of John Adams, volume 14

The American Peace Commissioners to Richard Oswald, 7 November 1782 Oswald, Richard Adams, John Franklin, Benjamin Jay, John
The American Peace Commissioners to Richard Oswald
Sir, Paris 7th. November 1782.

In answer to the letter you did us the honor to write on the 4th. inst. we beg leave to repeat what we often said in Conversation, viz. that the Restoration of such of the Estates of Refugees, as have 41been confiscated, is impracticable; because they were confiscated by Laws of particular States, &, in many instances, have passed by legal titles through several hands— Besides, Sir, as this a matter evidently appertaining to the internal Polity of the separate States, the Congress, by the nature of our Constitution, have no authority to interfere with it—

As to your demand of Compensation to these Persons, we forbear enumerating our Reasons for thinking it ill founded. In the moment of conciliatory Overtures, it would not be proper to call certain Scenes into view, over which, a variety of Considerations should induce both Parties, at present to draw a veil. Permit us therefore only to repeat, that we cannot stipulate for such Compensation, unless, on your part, it be agreed to make retribution to our Citizens for the heavy Losses they have sustained by the unnecessary Destruction of their private Property—

We have already agreed to an Amnesty, more extensive than Justice required, and full as extensive as Humanity could demand— We can therefore only repeat, that it cannot be extended further—

We should be sorry if the absolute Impossibility of our complying further with your Propositions on this head, should induce Great-Britain to continue the War for the sake of those, who caused & prolonged it; but, if that should be the Case, we hope that the utmost Latitude will not be again given to its rigours—

Whatever may be the Issue of this Negotiation, be assured Sir, that we shall always acknowledge the liberal, manly, and candid manner, in which you have conducted it; and that We shall remain, with the warmest Sentiments of Esteem and Regard, / Your Most Obedt: / humbl: Servants.

John Adams. B Franklin John Jay

RC (PRO:CO 5, 8:319); internal address: “To Richard Oswald Esqr. / His Britannic Majesty's / Commissioner for treating of / Peace with the Commissioners / of the United-States of America—” Dft and FC (Adams Papers), both filmed at [5 Nov.]. LbC (Adams Papers); APM Reel 109.

To Francis Dana, 8 November 1782 Adams, John Dana, Francis
To Francis Dana
Dear Sir Paris November 8. 1782

The King of G. Britain, by Patent under the Great Seal of his Kingdom has created Richard Oswald Esq, to be his Minister 42Plenipotentiary to treat with the Ministers of the United States of America.1 Thus G. B. is the 3d Power in Europe, to acknowledge our Independence, She can no longer therefore contend that it is a Breach of the armed Neutrality or an Hostility against her to acknowledge American Independence.2 This is so essential a change in the State of Things that I think and Mr Jay thinks you will now have a reasonable Ground of expect Success. The K. of Sweeden has some time ago made some Advances to treat with Dr Franklin and Congress have sent him a Commission to treat with that Prince.— I See not why Neutral Vessells may not go freely to America now.— You will not mention my Name in these matters but in Confidence. Jay is as you would wish him, wise, and firm.

I am directed by an order of Congress Signified to me by their Secretary at War, to transmit them a State of the Pay Rations and subsistance of the Troops of the states General, of Russia Prussia and all the northern Powers. Will you be so good as to assist me in this? My Love to your Ward.—

Yours sincerely.

RC (MHi:Dana Family Papers); addressed by Charles Storer: “The Honble: Francis Dana Esqr. / St. Petersbourg”; internal address: “Mr Dana”; endorsed: “Mr: J. A—. Letter / Dated Novr: 8th. 1782. / Recd: Decr. 8/19—.” LbC (Adams Papers); APM Reel 108.

1.

This refers to Richard Oswald's commission of 21 Sept., which he received at Paris on the 27th (vol. 13:483–485) and of which JA was informed by John Jay's letter of 28 Sept. (Adams Papers). JA probably did not actually see the new commission until he arrived at Paris, and then it was likely a copy held by either Franklin or Jay. While JA cited the passage from Oswald's commission mentioned here in his Diary entry for 3 Nov., he indicated on the copy of the commission printed in vol. 13 that he did not receive a copy from Oswald until 9 Nov., but see JA's Diary entry for 11 Nov. (JA, D&A , 3:44, 51).

2.

For JA's earlier discussion of this issue, see vol. 13:400–402, 513.