1. The two commissions, approved on 4 Oct. but dated 29 Sept., and the first and second two sets of instructions, adopted on 14 Aug. but dated 16 Oct., are calendared (above).

2. Franklin's instruction as received from Huntington was undated, but, using another copy in his possession, JA copied it into his Autobiography under the date of 16 Oct. ( Diary and Autobiography , 4:185–187). The instruction, adopted on 14 Aug., noted that recognition of American rights to the Newfoundland fishery was to be a provision in an Anglo-American commercial treaty rather than a peace ultimatum. The reason for this, although not stated, was that France had refused to make any commitment regarding the fishery in the Treaty of Alliance and thus would not agree to continue the war to obtain recognition of America's fishing rights in the peace treaty. Franklin was, therefore, ordered to seek an additional article to the alliance, providing that if Britain disturbed either party in the exercise of its rights to the Newfoundland fishery the other would join in a war to protect and preserve those rights. It was a futile effort from the beginning, but see JA's comments on the instruction in his Autobiography (same, 4:187).

Jay's instructions for negotiating a treaty with Spain are printed in Wharton, ed., Dipl. Corr. Amer. Rev. , 3:352–353, 374–375.

3. The text of the two resolutions is in JCC , 15:1145, 1179–1180.