On the 27th of September, Mr Vaughan returned here from England with the courier that brought Mr Oswald's new commission, and very happy were we to see it. Copies of it have already been sent to you, so that I will not lengthen this letter by inserting it here; nor will I add anything further on this head at present, than to assure you, that Mr Vaughan greatly merits our acknowledgments.

The next thing to be done, was to prepare and draw up the proposed articles. They were soon completed and settled between us and Mr Oswald, by whom they were sent to his Court, with letters declaring his opinion, that they ought to be accepted and agreed to; but they differed with him in opinion.[6]

The Diplomatic Correspondence of the American Revolution, Vol. VIII — Part 141

These articles, for very obvious reasons, were not communicated to the Count de Vergennes.

The Diplomatic Correspondence of the American Revolution, Vol. VIII — Part 141

Mr Oswald did not receive any opinion from his Court relating to our articles until the 23d of October, when letters from the Minister informed him, that the extent of our boundaries, and the situation of the tories, &c. caused some objections, and the Minister's Secretary was on the way here to confer with us on those subjects.

The Diplomatic Correspondence of the American Revolution, Vol. VIII — Part 141

On the 24th of October, I dined at Passy with Dr Franklin, where I found M. Rayneval. After dinner, we were in private with him a considerable time. He desired to know the state of our negotiation with Mr Oswald. We told him, that difficulties had arisen about our boundaries, and that one of the Minister's Secretaries was coming here with papers and documents on that subject. He asked us what boundaries we claimed. We told him, the river St John to the east, and ancient Canada, as described in the proclamation, to the north. He contested our right to such an extent to the north, and entered into several arguments to show our claim to be ill founded. These arguments were chiefly drawn from the ancient French claims, and from a clause in the proclamation restraining governors from making grants in the Indian country, &c.

He inquired what we demanded as to the fisheries. We answered, that we insisted on enjoying a right in common to them with Great Britain. He intimated that our views should not extend further than a coast fishery, and insinuated that pains had lately been taken in the eastern States to excite their apprehensions, and increase their demands on that head. We told him that such a right was essential to us, and that our people would not be content to make peace without it; and Dr Franklin explained very fully, their great importance to the eastern States in particular. He then softened his manner and observed, that it was natural for France to wish better to us than to England; but as the fisheries were a great nursery for seamen, we might suppose that England would be disinclined to admit others to share in it, and that for his part he wished there might be as few obstacles to a peace as possible. He reminded us, also, that Mr Oswald's new commission had been issued posterior to his arrival at London.