George Bancroft, History of the United States from the Discovery of the American Continent, Vol. 10

[559] was not in session, and was, moreover, the most dan-

Aug. 7.

gerous body to which America could have appealed. Receding from this demand, Jay proposed a proclamation of American independence under the great seal; but this also he yielded.

In America, Jay had been an enthusiast for the triple alliance between France, Spain, and the United States; had been moderate in his desire for territory; and on fifteen divisions in congress had given his vote against making the fisheries a condition of peace. As a consequence, all the influence of the French minister in Philadelphia had been used in congress to promote his election as minister to Spain and as a commissioner for treating of peace. His illusions as to Spain having been very rudely dispelled, he passed from too great confidence to too general mistrust.

The commission to Oswald spoke of the colonies and plantations of New Hampshire, Massachusetts, and the rest, naming them one by one; and Oswald was authorized to treat with the American commissioners under any title which they should, assume, and to exchange with them plenipotentiary powers. Vergennes, who was anxious that there might be no impediment to a general peace, urged upon Jay that the powers of Oswald were sufficient, saying: ‘This acceptance of your powers, in which you are styled commissioners from the United States of America, will be a tacit confession of your independence.’ Franklin had made no objection to the commission, and still believed that it ‘would do.’ To Franklin, Jay made the remark: ‘The count does not wish to see our independence acknowledged by Britain until ’