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148 at conciliating the Court of St. Petersburg, and Fox was instructed to acquaint M. Simolin that England, without "formerly admitting" the Armed Neutrality, was willing to make the principles of her Imperial Majesty's declaration of the 28th of February 1780 the basis of a treaty between the two countries, on condition that Russia obtained the neutrality of Holland.

The question of the American negotiation was next brought forward. The Enabling Act was now passed, and Shelburne at once proposed to his colleagues to appoint Oswald as separate Commissioner. This proposition was immediately opposed by Fox, who claimed the right of conducting the negotiation himself. "We adopted Dr. Franklin's idea," writes Shelburne to Oswald, "of the best method to come at a general pacification, by treating separately with each party," and the powers for Oswald as Commissioner were at once prepared. Fox however demanded the recall of Oswald, saying that his presence in Paris prejudiced everything, and on the 30th June he moved "that the independence of America should be granted even without a treaty for a peace." His object was evident. Were the independence of America to be formally recognized either by Act of Parliament, or by a proclamation under the Great Seal—assuming either of these courses to have been constitutionally possible—America would at once have passed from the department of Shelburne into his own. The Cabinet again decided against him. "The majority was for a treaty accompanying the surrender of the claim; but that it was also advisable that independence should in the first instance be allowed as the basis to treat on. This decision not coming up to Mr. Fox's ideas, he declared that his part was taken to quit his office."

While these events were passing, Lord Rockingham, who for some time past had been in failing health, was dying. "Should he fall," Horace Walpole wrote