gham died in July, 1782. George III, who much
preferred Shelburne to Fox, asked him to form a Ministry, and upon his
acceptance Fox, absolutely refusing to serve under him, withdrew from
the Cabinet, carrying his friends with him. Thus the triumphant Whig
party was split within a few months after its victory. The whole
responsibility now rested on Shelburne.

Meanwhile, a new situation had developed in Paris, for Jay and Adams,
the other two commissioners, had brought about a change in the American
policy. Franklin, deeply indebted to the French court and on the best
of terms with Vergennes, was willing to credit him with good intentions
and was ready to accept his advice to negotiate with England under the
vague terms of Oswald's commission; but Jay, who had had a mortifying
experience in Spain, suspected treachery and insisted that England
must, in opening negotiations, fully recognize American independence.
He was sure that Spain would gladly see the United States shut in to
the Atlantic coast away from Spanish territory, and he felt certain
{121} that Vergennes was under Spanish influence. Adams, who knew
nothing of Spain, but distrusted the French on general principles,
sided with Jay; and Franklin, submitting to his colleagues, agreed to a
curious diplomatic manoeuvre. Jay sent to Shelburne a secret message,
urging him to deal separately with the United States under a proper
commission and not seek to play into the hands of Spain and France. He
knew that a French emissary had visited Shelburne, and he dreaded
French double-dealing, especially on the question of boundaries and
fishery rights.

The British Prime Minister was in the odd position of being appealed to
by one of the three hostile powers to save it from the other two; but
underlying the situation was the fact that Shelburne, as a Whig since
the beginning of the American quarrel, was committed to a friendly
policy toward America. He knew, moreover, that when Parliament should
meet he must expect trouble from Fox and the dissatisfied Whigs, as
well as the Tories, and he was anxious to secure a treaty as soon as
possible. So yielding, on September 27, he gave Oswald the required
commission, but, suspecting that he was rather too complaisant, sent
Henry Strachey to assist him. During the summer, Franklin and Oswald,
in informal {122} discussions, had already eliminated various matters,
so that when negotiations formally opened it took not over fiv