to the end of 1777, the sum of three thousand four hundred livres; and for the year 1778, the sum of four thousand livres; for 1779, four thousand eight hundred livres; and for 1780, six thousand livres. Since that time I have allowed him at the rate of three hundred louis per annum, being what I saw had been allowed by Congress to the secretary of Mr. William Lee, who could not have had, I imagine, a fourth part of the business to go through; since my secretary, besides the writing and copying the papers relative to my common ministerial transactions, has had all those occasioned by my acting in the various employments of judge of admiralty, consul, purchaser of goods for the public, &c. &c., besides that of accepting the Congress bills, a business that requires being always at home, bills coming by post, from different ports and countries, and often requiring immediate answers, whether good or not; and to that end, it being necessary to examine by the books, exactly kept of all preceding acceptances, in order to detect double presentations, which happen very frequently. The great number of these bills makes almost sufficient business for one person, and the confinement they occasion is such, that we cannot allow ourselves a day's excursion into the country, and the want of exercise has hurt our healths in several instances.

The Congress pay much larger salaries to some secretaries, who, I believe, deserve them; but not more than my grandson does the comparatively small one I have allowed to him, his fidelity, exactitude, and address in transacting business, being really what one could wish in such an officer; and the genteel appearance a young gentleman in his station is obliged to make, requiring at least such an income. I do not mention the extraordinary business that has been im

posed upon us in this embassy, as a foundation for demanding higher salaries than others. I never solicited for a public office, either for myself, or any relation, yet I never refused one, that I was capable of executing, when public service was in question; and I never bargained for salary, but contented myself with whatever my constituents were pleased to allow me. The Congress will therefore consider every article charged in my account, distinct from the salary originally voted, not as what I presume to insist upon, but as what I propose only for their consideration, and they will allow what they think proper.

You desire an accurate estimate of those contingent expenses. I enclose copies of two letters,* which passed between Mr. Adams and me on the subject, and show the articles of which they consist. Their amount in different years may be found in my accounts, except the article of house rent, which has never yet been settled; M. de Chaumont, our landlord, having originally proposed to leave it till the end of the war, and then to accept for it a piece of American land from the Congress, such as they might judge equivalent. If the Congress did intend all contingent charges whatever to be included in the salary, and do not think proper to pay on the whole so much, in that case I would humbly suggest, that the saving may be most conveniently made by a diminution of the salary, leaving the contingencies to be charged; because they may necessarily be very different in different years, and at different courts.

I have been more diffuse on this subject, as your letter gave occasion for it, and it is probably the last time I shall mention it. Be pleased to present my

* See above, p. 44, and Diplomatic Correspondence, Vol. III. p. 238. VOL. IX.

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dutiful respects to Congress, assure them of my best services, and believe me to be, with sincere esteem, &c. B. FRANKLIN.

P. S. As you will probably lay this letter before Congress, I take the liberty of joining to it an extract of my letter to the President, of the 12th of March, 1781, and of repeating my request therein contained, relative to my grandson. I enclose, likewise, extracts of letters from Messrs. Jay and Laurens, which both show the regard those gentlemen have for him, and their desire of his being noticed by the Congress.

TO JOHN JAY.

Passy, 4 September, 1782.

DEAR SIR,

Mr. Oswald's courier being returned, with directions to him to make the independence of America the first article in the treaty, I would wait on you if I could, to discourse on the subject; but, as I cannot, I wish to see you here this evening, if not inconvenient to you. With great esteem, I have the honor to be, dear Sir, &c. B. FRANKLIN.

FROM RICHARD OSWALD TO B. FRANKLIN.

SIR,

Paris, 5 September, 1782

In consequence of the notice I have just now had from Mr. Jay, of your desire of an extract from my

* See above, pp. 5, 43.

last letter from the Secretary of State, regarding the proposed treaty on the subject of American affairs, and my authority in relation thereto, I take the liberty to send the same enclosed, which, together with the powers contained in the commission, which I had the honor of laying before you and Mr. Jay, I am hopeful will satisfy you of the willingness and sincere desire of his Majesty to give you entire content on that important subject.*

*From Thomas Townshend to Richard Oswald.—"I have received and laid before the King your several letters, together with the three packets of papers, containing conversations with Dr. Franklin and Mr. Jay, and your observations thereupon; and I am commanded to signify to you his Majesty's approbation of your conduct in communicating to the American Commissioners the fourth article of your instructions, which could not but convince them that the negotiations for peace, and cession of independence to the Thirteen United Colonies, were intended to be carried on and concluded with the Commissioners in Europe. Those gentlemen having expressed their satisfaction concerning that article, it is hoped they will not entertain a doubt of his Majesty's determination to exercise in the fullest extent the powers with which the Act of Parliament hath invested him, by granting to America full, complete, and unconditional independence, in the most explicit manner, as an article of treaty."

The above is the extract alluded to by Mr. Oswald in the text. The following particulars, contained in the same letter, and constituting a part of Mr. Oswald's instructions, were not communicated to the American Commissioners.

"But you are at the same time to represent to them, if necessary, that the King is not enabled by that Act to cede independence unconnected with a truce, or treaty of peace; and that, therefore, the cession of independence cannot stand as a single, separate article, to be ratified by itself, but may be (and his Majesty is willing it shall be) the first article of the treaty, unconditionally of any compensation or equivalent to be thereafter required in the said treaty. You will observe, that the very article of your instructions referred to is conformable to this idea, as it is expressly mentioned to be offered by his. Majesty as the price of peace; and that independence, declared and ratified absolutely and irrevocably, and not depending upon the event of concluding an entire treaty, for the purpose of independence alone, and not for a peace or truce; to which all the powers of the Act refer. "If the American Commissioners are, as his Majesty is, sincerely disposed to a speedy termination of the calamities of war, it is not to

This extract I would have sent before now, if I had thought you wished to have it before I had the honor of waiting on you myself; which was only delayed

be conceived that they will be inclined to delay, and to embarrass the negotiation, by refusing to accept the independence as an article of the treaty, which, by that means, may be to them secured finally and completely, so as to leave no possible ground of jealousy or suspicion. But, in order to give the most unequivocal proof of the King's earnest wish to remove every impediment, I am commanded to signify to you his Majesty's disposition to agree to the plan of pacification proposed by Dr. Franklin himself, including, as it does, the great point in question as part of the first article.

"The articles as specified by Dr. Franklin to you, and recited in your letter to the Earl of Shelburne, of the 10th July last, are as follows.

"1st. Of the first class necessary to be granted, independence full and complete in every sense, to the Thirteen States, and all the troops to be withdrawn from thence.

"2d. A settlement of the boundaries of their colonies and the loyal colonies.

"3d. A confinement of the boundaries of Canada, at least to what they were before the last Act of Parliament, you think in 1774, if not, to a still more contracted state, on an ancient footing.

"4th. A freedom of fishing on the Banks of Newfoundland, and elsewhere, as well for fish as whales.

"These articles were stated by you as all that Dr. Franklin thought necessary; and his Majesty, trusting that they were suggested with perfect sincerity and good faith, has authorized you to go to the full extent of them." - Whitehall, September 1st. MS. Letter.

It is worthy of particular observation here, that the original instructions to Mr. Oswald authorized him to accede to the articles, which had been proposed by Dr. Franklin as ESSENTIAL, one of which was the right of the United States to the fisheries. Although the ministry afterwards made a strong effort to modify these terms, and especially the article in regard to the fisheries, yet there is no evidence, that they intended at any time to insist on this modification as a sine quâ non; nor is it ever intimated by Mr. Oswald, in his letters to the ministry, that in any event this claim would be relinquished. On the contrary he repeatedly states, that Dr. Franklin, as well as the other Commissioners, was determined on that point.

In writing to Mr. Townshend, on the 11th of September, Mr. Oswald says; .

"As to fishing on the Great Bank, or any other Bank, I own I did not think it material to ask any questions, as I supposed the privilege would not be denied them; or, if denied, I doubted whether their exclusion could be maintained but by continuing in a state of perpetual