John Jay Papers
Documents filtered by: Recipient="Oswald, Richard"
sorted by: editorial placement
Permanent link for this document:
https://founders.archives.gov/documents/Jay/01-03-02-0071

American Peace Commissioners to Richard Oswald, 7 November 1782

American Peace Commissioners to Richard Oswald

Paris 7th. November 1782

Sir,

In answer to the letter you did us the honor to write on the 4th. inst.1 we beg leave to repeat what we often said in Conversation, viz. that the Restoration of such of the Estates ^of Refugees,^2 as have been 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 is 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: humble: Servants,

John Adams
B. Franklin
John Jay

To Richard Oswald Esqr. His Britannic Majesty’s Commissioner for treating of Peace with the Commissioners of the United States of America—

LS, body of letter in Charles Storer’s hand, UkLPR: CO 5/ 8–3(EJ: 5020). Storer (1761–1829), a relative of Abigail Adams and a 1779 Harvard graduate who had recently arrived in Europe, served without pay for several years as JA’s private secretary. Enclosed in Oswald to Townshend, 6–7 Nov. 1782, above. From internal evidence in the letter of the American Commissioners to Strachey, 6 Nov. (PBF description begins William B. Willcox et al., eds., The Papers of Benjamin Franklin (40 vols. to date; New Haven, Conn., 1959–) description ends , 38: 281), it is apparent that this letter was also drafted on the 6th but formally delivered the following day. Dft, MHi: Adams; Cs, UkLPR, FO 95/ 511 (EJ: 5112), and Chatham, 30–8–343 (EJ: 4923); in JA’s hand, undated, DNA: PCC, item 85, 278–79 (EJ: 9955); in JA s hand, PCC, Misc., 732–33, 739–40 (EJ: 11695, 11694). LbkCs, UkLPR: FO 27/ 2 (EJ: 5032); MiU-C: Shelburne 70 (EJ: 5111); DNA: PCC, item 106, 11–13 (EJ: 4400). Addition texts noted in PBF description begins William B. Willcox et al., eds., The Papers of Benjamin Franklin (40 vols. to date; New Haven, Conn., 1959–) description ends , 38: 285.

The version printed in RDC description begins Francis Wharton, ed., The Revolutionary Diplomatic Correspondence of the United States (6 vols.; Washington, D.C., 1889) description ends , 5: 849–50, misdated 5 Nov., omits the phrase “on this head” from the fourth paragraph, an omission probably derived from the undated PCC, item 85 copy of the letter (EJ: 9955) forwarded by the commissioners to RRL, 14 Dec. 1782, and the two extant copies in JA’s hand in PCC, Misc. (EJ: 11695, 11694).

1See JJUP, 2 description begins Richard B. Morris et al., eds., John Jay, vol. 2, The Winning of the Peace: Unpublished Papers, 1780–1784 (New York, 1980) description ends : 399–400.

2“Refugees” inserted by JA.

Index Entries