"*
tions with France concerning the abolition of the barrier towns?
tions with France concerning the abolition of the barrier towns?
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The insuperable obstacle on the part of Great Britain,
it had been fully ascertained, was a preliminary acknow-
ledgment of independence. This original ultimatum re-
quired* it as a preliminary article to any negotiation,
that Great Britain shall agree to treat with the United
States "as sovereign, free, and independent. " Thus all
possibility of exercising his powers by Adams would have
been prevented. That such was the object of this motion,
and not the securing a preliminary acknowledgment, must
be inferred from the fact that the mover of the resolution
voted for the instructions of the fifteenth of June, by which
this previous acknowledgment of independence was waived,
and it was to become merely an article of treaty.
This last motion was rejected, three states voting for it. f
Baffled in this effort to interpose an impassable barrier to
all direct negotiation with England, the only alternative
that remained, was to withdraw his powers to form a
treaty, and at the instanee of Madison the commission to
Adams was revoked. J
Having succeeded in obtaining the entire control of the
negotiation for peace, and, by the revocation of the powers
granted to Adams, having closed the door upon Great
Britain, it might have been supposed that France would
have felt herself secure; but she still saw cause of appre-
hension. Adams was in Holland, England was represent-
ed at the Hague, and it was impossible to foresee the con-
sequences of a negotiation being opened between them.
These were to be prevented.
On his arrival at Amsterdam, Adams suggested the im-
portance of maintaining an official agent there, and he was
* 2 S. J. 225
t Connecticut, Virginia, and North Carolina--(Elsworth, Bland, and
Smith, dissenting. )
t July 23, 1781 j vol. 4, No. 36, state department; Madison seconded by
Sharpe.
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? HAMILTON.
109
empowered to negotiate a loan; he soon after intimated
the advantages to be derived from a resident embassy at
the Hague. The suggestion was approved, and he was
commissioned as minister plenipotentiary to the United
Provinces.
As early as seventeen hundred and seventy-eight, the
regency of Amsterdam had evinced a disposition to enter
into commercial regulations with America. They applied
to the states-general for a convoy to vessels carrying naval
stores to France, and protested against a refusal of it.
This gave a pretext to that nation to announce to them
"the necessity of protecting their commerce, in order to
enjoy the privileges of neutrality. " This was not done,
and a rescript was issued by France excluding Holland
from those privileges, and interdicting a part of her pro-
ductions. These decisive measures produced the intended
effect, and a naval force was directed by the states-general
to be equipped for that purpose.
Soon after, an American squadron under the command
of Paul Jones entered the Texel with several prizes. He
was ordered to leave the waters of Holland. While there,
an address was presented by the British minister, demand-
ing the seizure of the king's vessels in the hands of a
"pirate and an outlaw. " This demand was not acceded
to, but Jones was again, commanded to sail. Having re-
fused with great indignation the offer from the French
ambassador of a letter of marque, he departed.
But a short time elapsed when a plan of a treaty with
the United States was framed by the authorities at Am-
sterdam. This drew an angry remonstrance from England.
Measures of defence were taken by that city; orders in
council were issued by Great Britain for hostilities, and St.
Eustatia was captured. Adams resolved to seize upon this*
moment to make an impression. He addressed letters to
the envoys of Russia, Denmark, and Sweden, announcing
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the resolution of congress concurring with the regulations
of the "marine treaty," and at the same moment asked of
the French ambassador the Duke de la Vauguyon to aid
him. The former did not answer his letters; the latter stated
that he had no instructions on the subject. Relying on the
support of several of the provinces, he presented a memorial
to the states-general, and urged his reception at the Hague.
He was discountenanced by Vauguyon, and was refused.
In a conference between La Luzerne and congress, they
were informed that,* " on being apprised of the intention
of Mr. Adams to display his character as a minister, the
duke gave him no assistance on that occasion, knowing the
application would have no favourable issue. "
The perseverance of Adams alarmed Vergennes, and
within a few days after his powers to form a commercial
treaty with Great Britain had been revoked, the French
ambassador appeared again before congress. He stated
the accession of Holland to the armed neutrality, the hos-
tile acts of Great Britain, the opinion of the council of
his king that a "prudent and able man"f should be sent to
Holland with full powers; that it would likewise be advan-
tageous to give proper instructions to that minister, and as
it is impossible at this distance to have quick information,
it would be proper to have further instructions given by
Dr. Franklin, in order to avoid all inconsistency or contra-
diction, and that the political operations of congress, aim-
ing towards the same end, may of course be more success-
ful. Had Franklin, as Adams alleged, been the "index
of Vergennes," a better expedient could not have been
devised by France to point the way to the American resi-
dent at the Hague; but neither this nor the hint as to the
selection of "a prudent and able man," could be acted
upon without offending New-England.
? 3 s. J. 35.
t 2 S. J. 4G6. ^Tuly 23, 1781.
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? HAMILTON.
Ill
The original instructions to Adams were, "to adopt, in
whole or without any essential alteration," a plan of treaty
which was transmitted from Philadelphia, with restrictions
"not to admit any thing inconsistent with the treaties with
France, or not conforming to the proposed regulations of
the congress of northern powers. "
The only device was, to limit these instructions 5 and
with that view a report was adopted, which, after acknow-
ledging this effort by the king of France to make a coali-
tion with Holland, as a fresh proof of his solicitude for
their interests, stated to the French minister the previous
appointment of Adams with special instructions to con-
form to the treaty with France, and empowered him to enter
into a joint alliance with France, Holland, and Spain, on
condition that no party shall conclude either truce or peace
with Great Britain without the formal consent of the
whole first obtained. In all other matters, he was to use
his best discretion; and he was directed "to confer upon
all occasions in the most confidential manner with his most
christian majesty's minister" at the Hague. *
While these measures were taken in America, Adams
was invited by Vergennes to Paris, to consult upon the
proposed mediation of Austria and Russia.
He announced his arrival; an audience was granted, and
the subject was opened. ')-
The propositions of the mediators were upon the basis,J
* 2 S. J. 472. --August 16, 1781.
t In his letter to congress, he says--" The letter announcing my ar-
rival, I sent by my servant, who waited until the count descended from the
council, when he delivered it into his hand. He broke the seal, read the
letter, and said he was sorry he could not see Mr. Adams, but he was obliged
to go into the country immediately after dinner; that Mr. Adams 'seroit
dans le cas de voir M. de Rayneval,' who lived at such a sign, in such a
street. After dinner I called on M. de Rayneval, who stated the object, and
an interview was appointed with the minister. "--6 D. C. 92.
t 6 D. C. 100. --July 11,1781.
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that a treaty should be negotiated between Great Britain
and the American colonies without the intervention of any
of the belligerent powers, but to be signed conjointly with
that of those powers, and that there should be a general
armistice for one year from a period to be defined. The
comments of the American minister stated that there
would be no objection to such a separate treaty, consist-
ent with their obligations to their allies, without the inter-
vention of any of the belligerents, or (unless demanded)
of the mediators. The conjoint signature was approved,
but the proposed armistice or a truce, as suggested by
Vergennes, was objected to except under two express pre-
liminary conditions:--the continuance of the subsisting
treaties until the acknowledgment of independence by
Great Britain, and the antecedent removal of the British
forces; and this truce was to be of sufficient duration to
imply a virtual relinquishment of the objects of the war,
and to be agreed to before the opening of another cam-
paign.
But the great question was stated to be, the acknowledg-
ment of independence; and "as the United States can
never consent that their independence shall be discussed
before any sovereign," it was suggested that if the impe-
rial courts would "lay down, as a preliminary, the sove-
reignty of the United States, and admit their minister to
a congress," a treaty might be commenced with Great
Britain, "without any express acknowledgment of sove-
reignty until the treaty should be concluded. " The reply
of Vergennes, addressed to Adams as agent of the United
States, represented the necessity of certain preliminaries
being adjusted before the American minister could be ad-
mitted to the congress. His answer, proceeding on the
supposition that it was intended to acknowledge the inde-
pendence of the American states, proposed "that the
character of their minister sholild be ascertained before
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? HAMILTON.
113
any congress met, that he might take his place as soon as
it opened. . A second letter adverted to a most extraordi-
nary suggestion--that the separate states of America should
choose an agent foY each, to attend the congress. Adams
urged Vergennes not to countenance this idea, " apprising
him, that though it had been mentioned only as a tran-
sient speculation, that he felt it to be a duty to inform
him that congress would remonstrate against it in the
most solemn manner. " No other correspondence passed
upon this subject, but from the statement of La Lu-
zerne to congress, it appeared that England insisted upon
the dependence of America being pre-established, and
that thus there would be no possibility of a mediation for
peace.
Adams returned to Amsterdam, approved* and obeyed
his last instructions. In order to learn whether he should
visit the president of the states-general, he consulted
Vauguyon, observing "that congress had wisely enjoined
it upon him to confer in the most confidential manner
with his excellency, and that he had "made it a law to
take no important step without his approbation. " Vau-
guyon waited the orders of his principal, and informed
Adams that the minister " sees no objection to the visit on
the subject of his memorial, provided, without any official
writing, he limited himself to the inquiry, whether his
memorial had been the subject of deliberation, and what
answer he should communicate to congress. " The memo-
rial was referred for consideration; and after some delay--
after the capture of Cornwallis and the victories of Greene
had changed the British ministry, and peace was inevitable,
--France sanctioned his reception, and he was gratified by
a public acknowledgment. During these interesting mo-
ments, he received a letter from the secretary of foreign
6 D. C. 198.
15
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THE LIFE OF
affairs disapproving his having printed his memorial, and
having urged his admission to court. His reply shows his
views of the effects of this measure,* and of the conse-
? John Adams to congreis. --6 Dip. Corres. 258. --" The proposition to the
president being taken ad referendum, it became a subject of the delibera-
tion of the sovereignty. The prince, therefore, and the whole court, are
legally bound to treat it with respect, and me with decency ; at least, it would
be criminal in them to treat me or the subject with indecency. If it had
not been presented and printed, I am very sure I could not long have resided
in the republic; and what would have been the consequence to the friends
of liberty, I know not. They were so disheartened and intimidated, and the
Anglomanes were so insolent, that no man can say that a sudden frenzy
might not have been excited among the soldiery and people, to demand a
junction with England, as there was in the year 1748. Such a revolution
would have injured America and her allies, have prolonged the war, and
have been the total loss and ruin of the republic.
"Immediately upon the presentation of my memorial, M. Van Berckel ven.
tnred to present his requite and demand for a trial. This contributed still
further to raise the spirits of the good people, and soon after the burgomasters
of Amsterdam appeared with their proposition for giving the prince a com-
mittee for a council, and in course their attack upon the duke; all which
together excited such an enthusiasm in the nation, and among the officers
of the navy, as produced the battle of the Doggerbank, which never would
have happened, in all probability, but would have been eluded by secret or-
ders and various artifices, if the spirit raised in the nation by the chain of
proceedings of which the American memorial was the first and an essential
link, had not rendered a display of the national bravery indispensable for the
honour of the navy, and perhaps for the safety of the court.
"The memorial as a composition, has very little merit; yet almost every
gazette in Europe has inserted it, and most of them with a compliment, none
without any criticism. When I was in Paris and Versailles afterwards, no
man ever expressed to me the smallest disapprobation of it, or the least appre-
hension that it could do any harm. On the contrary, several gentlemen of
letters expressed higher compliments upon it than it deserved. The king of
Sweden has done it a most illustrious honour, by quoting one of the most ma-
terial sentiments in it, in a public answer to the king of Great Britain; and the
emperor of Germany has since done the author of it the honour to desire in the
character of Count Falkenstein to see him, and what is more remarkable, ha>>
adopted the sentiments of it concerning religious liberty into a code of laws
for his dominions,--the greatest effort in favour of humanity, next to the
American revolution, which has been produced in the eighteenth century.
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? HAMILTON.
115
quences of his firmness. It also discloses his indignation
at the influence which had been exerted against him,
charging expressly, that it was the design of the French
"As my mission to this republic was wisely communicated to the court of
Versailles, who can say that this transaction of congress had not some influ-
ence in bringing De Grasse into the Chesapeake Bay? Another thing I
ought to mention; I have a letter from Mr. Jay, informing me that ip the
month of June last, M. Del Campo was appointed by the court of Madrid to
treat with him; the exact time when my memorial appeared at Madrid.
You may possibly say, that my imagination and self-love carry me extraor-
dinary lengths; but when one is called upon to justify an action, one should
look all round. All I contend for is, that the memorial has certainly done
no harm; that it is probable it has done some good, and that it is possible
it has done much more than can be proved. A man always makes an awk-
ward figure when he is justifying himself and his own actions, and I hope I
shaJJ be pardoned. It is easy to say, ' il abonde trop dans son tens; il eft
twin et glorieux; U eft plein de liii-mime; il ne vpii que lui;' and other
modest things of that sort, with which even your Malcsherbes, your Turgots,
and Neckers, are sometimes sacrificed to very small intrigues.
"Your veterans in diplomacy and in affairs of state consider us as a kind
of militia, and hold us, perhaps, as is natural, in some degree of contempt;
but wise men know that militia sometimes gain victories over regular troops,
even by departing from the rules. Soon after I had presented the memorial,
I wrote to the Due de la Vauguyon upon the subject of inviting or admitting,
m concert, the republic to accede to the alliance between France and Ame-
rica. The duke transmitted that letter to the Count de Vergennes, which
produced the ofler to congress from the king, to assist us in forming a con.
? ection with the republic, and the instructions upon the subject, which I
shall execute as soon as the French ambassador thinks proper. With him it
bow lies, and with him, thank God, I have hitherto preserved a perfectly
good understanding, although I differed from him in opinion concerning the
point of time to make the former proposition.
"The evacuation of the barrier towns has produced an important commen.
tary upon the conversation I had with the duke, and his opinion upon that
occasion. How few weeks was it, after the publication of my memorial, that
the Roman emperor made that memorable visit to Brussels, Ostend, Bruges,
Antwerp, and all the considerable maritime towns in his provinces of Bra-
oant and Flanders? How soon afterwards his memorable journeys to Holr
land and to Paris? Was not the American memorial full of matter for the
emperor's contemplation, when he was at Ostend, Antwerp, and Bruges 1
Was it not full of matter, calculated to stimulate him to hasten his negotia-
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THE LIFE OF
"to keep us dependent upon them, that we might be
obliged to accept such terms of peace as they should think
would do for us.
"*
tions with France concerning the abolition of the barrier towns? Wai not
the same matter equally calculated to stimulate France to finish such an
agreement with him, as we have seen the evidence of in the actual evacua-
tion of those towns? If this evacuation is an advantage to France and to
America, as it undoubtedly is, by putting this republic more in the power of
France, and more out of a possibility of pursuing the system of Orange by
joining England, and my memorial is supposed to have contributed any thing
towards it, surely it was worth the while.
"The period since the 4th of May, 1781, has been thick sown with good
events, all springing out of the American revolution, and connected with the
matter contained in my memorial. The memorial of M. Van Berckel; the
proposition of the burgomasters of Amsterdam; their attack upon the duke
of Brunswick, and the battle of Doggerbank; the appointment of Sefior del
Campo to treat with Mr. Jay; the success of Colonel Laurens, in obtaining
orders for the French fleet to go upon the coast of America; their victory
over Graves, and the capture of Cornwallis; the emperor's journey to his
maritime towns, to Holland, and to Paris; his new regulations for encour-
aging the trade of his maritime towns; his demolition of the barrier fortifi-
cations; and his most liberal and sublime ecclesiastical reformation; and the
king of Sweden's reproach to the king of England for continuing the war,
in the very words of my memorial;--these traits are all subsequent to that
memorial, and they are too sublime and decisive proofs of the prosperity and
glory of the American cause, to admit the belief, that the memorial has done
it any material harm.
"By comparing facts, and events, and dates, it is impossible not to believe
that the memorial had some influence in producing some of them. When
courts, princes, and nations, have been long contemplating a great system
of affairs, and their judgments begin to ripen, and they begin to see how
things ought to go, and are going, a small publication, holding up these ob-
jects in a clear point of view, sometimes sets a vast machine in motion at
once, like the springing of a mine. What a dust we raise! said the fly upon
the chariot wheel. It is impossible to prove that this whole letter is not a
similar delusion to that of the fly. The councils of princes are enveloped
in impenetrable secrecy. The true motives and causes which govern their
actions, little or great, are carefully concealed. But I desire only that these
events may be all combined together, and then, that an impartial judge may
6 D. C. 395.
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? HAMILTON.
117
At a dark period of the revolution, a few days after the
plot of Andre had been discovered, congress, acting upon
a proposition of the empress of Russia for the establish-
ment of an armed neutrality addressed to the belligerents,
empowered their commissioners to accede to its regula-
tions. *
It was hoped in this mode to induce the mediation of
Russia, and soon after Dana was accredited as minister at
that court. He was authorized to sign the convention for
the protection of neutral commerce, either with Russia in
conjunction with the other neutral powers, or separately
with either of them.
Dana apprised Franklin of his commission, who advised
its being communicated to Vergennes, and that his opinion
should be taken, whether it woulfl be proper to disclose
his powers to the court of St. Petersburg, and obtain their
approbation before he proceeded to Russia. From the
latter part of this advice he dissented, for reasons to which
Franklin assented; and though the conduct of Vergennes
satisfied him that it was the policy of France not to ren-
der the United States "independent" by new allies, he
proceeded on his mission.
His instructions indicated it as "a leading and capital
point, that the United States should be formally admitted
as a party to the convention of maritime powers," and
say, if he can, that he believes that that homely harmless memorial had no
share in producing any part of this great complication of good.
"But be all these speculations and conjectures as they will, the foresight
of which could not have been sufficiently clear to have justified the measure,
it is sufficient for me to say, that the measure was absolutely necessary and
unavoidable. I should have been contemptible and ridiculous without it. By
it I have secured to myself and my mission universal decency and respect,
though no open acknowledgment or avowal. I write this to you in confi-
dence; you may entirely suppress it, or communicate it in confidence, as you
judge for the public good. "
? October 5,1780.
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THE l;pe of
directed him to communicate the general object of hw
mission to the resident envoy of France.
On arriving at St. Petersburg, he consulted that envoy,
who evinced a decided repugnance to the disclosure of
his objects or powers. As the fortunes of the United
States rose, repeated applications were made to him for
an introduction to the court. They were discouraged,
until at last--tied down by his instructions, and con-
vinced that, alone and unsustained, his reception would
be refused--he apprised congress of his position, and of
the necessity of douceurs to the Russian cabinet before
a negotiation could be opened. Thus, by the complicated
policy of France, America stood dumb before the powers
of Europe.
This letter of Dana Vas referred to a committee, of
which Madison was chairman. Though remote, yet
Hamilton saw the advantages of opening a commerce
with Russia, provided a treaty could be formed on equal
terms without bestowing presents. With this view, he
moved that Dana "be informed that the treaties lately
entered into for restoring peace, have caused such an al-
teration in the affairs of these states, as to have removed
the primary object of his mission to the court of Russia--
the acquisition of new supports to our independence. That
with respect to a commercial treaty with Russia, they
consider the benefits of it to this country in an extensive
degree as rather remote, and have therefore little present
inducement to enter into it besides a desire of cultivating
the friendship of that court, and preserving a consistency
with the disposition already manifested towards forming
a connection therewith; and also of laying the foundation
of a future intercourse, when the circumstances of the two
countries may be more favourable to the same. That as
experience will enable both nations to form a better judg-
ment hereafter of the principles upon which that inter-
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? HAMILTON.
119
course may be most advantageously couducted, congress
would wish any treaty now formed to be of temporary
duration and limited to a fixed period. That in this
view, unless he shall have already formed engagements or
made proposals from which he cannot easily recede, of a
more indefinite and extensive nature before this reaches
him, he be instructed to confine the duration of the pro-
posed treaty of commerce to fifteen years, agreeable to
the term limited in a similar treaty with Sweden, and to
stipulate expressly that it should be subject to the revisal
of congress, and that in all matters he insist upon exact
reciprocity. " As to the proposed douceur, "that he be in-
formed, as by the confederation no person holding offices
under the United States are permitted to receive presents
from foreign powers, so it is not consistent with the situa-
tion or policy of these states to adopt that practice in their
transactions with other nations. " After two divisions,
one of which was on a modification of the prohibition of
douceurs at the instance of Madison, so as to permit the
payment of any that might have been stipulated, this mo-
tion failed.
On the following day, Madison proposed an instruction
to decline making any propositions for a treaty with Russia
unless Dana was pre-committed; and if so, to limit it to
fifteen years, omitting the prohibition of presents. This
was defeated, and a substitute offered by Elsworth, to
limit the duration of any treaty then in progress to fifteen
years, subject to revisal, passed unanimously.
The question of acceding to the armed neutrality had
been raised in the course of this debate by Hamilton.
He offered as an amendment this important declaratory
resolution:--
"That though congress approve the principles of the
armed neutrality founded on the liberal basis of a main-
tenance of the rights of neutral nations and of the pri-
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THE LIFE or
vileges of commerce, yet they are unwilling, at this junc-
ture, to become a party to a confederacy which may here-
after too far complicate the interests of the United States
with the politics of Europe; and, therefore, if such a pro-
gress is not yet made in this business as may make it dis-
honourable to recede, it is their desire that no further
measures may be taken at present towards the admission
of the United States into that confederacy. " This amend-
ment was referred, and a report subsequently passed, which
stated, "that as the primary object of the proposed acces-
sion to the neutral confederacy no longer can operate, and
as the true interest of these states requires they should be
as little as possible entangled in the politics and controver-
sies of European nations," it was inexpedient to renew the
powers of Dana. -
It approved the liberal principles of that confederacy,
but directed the American commissioners, "in case they
should comprise in the definitive treaty (with Great Bri-
tain) any stipulations amounting to a recognition of the
rights of neutral nations, to avoid accompanying them by
any engagements which shall oblige the contracting parties
to support those stipulations by arms. " Thus it is seen
that at Hamilton's instance the great principle which
should be especially the governing maxim of a republic,
the principle of an absolute neutrality, was inscribed on the
front of our national councils. * It is an evidence of the
wisdom of this resolution, that each of the parties to the
armed neutrality entered into engagements within thirteen
years after its origin, in direct contravention of it.
France was still pursuing her system studiously. Va-
rious communications were made from time to time by La
* Madison, vol. 1, p. 454,460, docs not give these important proceedings
He merely refers to the secret journal, and adds that the passage relating to
the armed neutrality was generally concurred in, and assigns certain reasons
for the disagreements as to the treaty of commerce with Russia.
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? HAMILTON.
121
Luzerne, the objects of which were to prepare congress for
such concessions as it might be her policy to require. In
one instance they were informed that if she did not obtain
"for every state" all they wished, the sacrifice must be
ascribed to necessity; and he expressed " his satisfaction at
the extensive powers with which the ministers are invested
as to the matter of boundary and the truce, which, he
said, "the interests of France as well as of the United
States, require to be as long as possible. " They were sub-
sequently reminded of the consequences to be apprehended
from the rejection of "reasonable terms. " Massachusetts
understood this language, and on the twenty-seventh of
October, seventeen hundred and eighty-one, instructed her
delegates "in a future settlement of peace to insist" upon
the fisheries. This act was referred* the following month.
A report was then prepared by Madison,f containing
new instructions to the American commissioners. By this
report the previous territorial limits were to be insisted
upon. As the common right of fishery was an attribute
of sovereignty, France was urged to obtain a stipulation
in favour of it, but if not attainable, by no means to sur-
render it. It required that there should be no engage-
ment for the restitution of confiscated property, nor for
the return of fugitives or exiles, as "any such stipulation
would not only be dishonourable to the governments of
these states, but obnoxious to the people at large. "
"It is not," it added, "unworthy of the circumspection
of his most christian majesty, to reflect whether the resto-
ration of those persons may not produce an unequal compe-
tition with his subjects, in trade. Many among them, be-
sides the advantage which they possess from the know-
ledge of our language, have accurately informed themselves
* To Madison, Carroll, and Lovell.
t Vol. 1, No. 20, MSS. in department of state.
16'
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? 122 THE LIFE OF
of the nature of our commerce from actual experience. "
And it proposed, "that no stipulation should be admitted
limiting the power of the United States to impose restric-
tions on British commerce, assigning as the motive, that
this power " alone will leave to his allies the future oppor-
tunity of manifesting their preference of his interests to
those of his enemies and rivals. "
This report was amended,* and on the eighth of Janu-
ary following was laid before the house. Having admitted
that the fisheries and other claims of the United States
were not to be included in the ultimatum, it instructed
their ministers "to acquaint his most christian majesty,
that, notwithstanding the occasion presented to the United
States by the signal and various advantages gained over
the enemy, of enlarging their ultimatum for peace, the
firm reliance which congress have on the friendship and
influence of his majesty, has determined them not to de-
part from their (previous) resolution, by which all the ob-
jects of their desires and expectations, excepting only the
independence of the United States and their alliance with
his majesty, are eventually submitted to his councils. But
in order to make him more fully sensible of the extent and
foundation of these desires and expectations, have thought
it expedient that some observations should be made to him
relative to the several objects which are most likely to fall
within the compass of negotiation. "
The objects were then stated. They were the bounda-
ries--the fisheries--the exclusion of any provision for the
restoration of confiscated property. Again adducing as the
motive, that it will leave his allies the future opportunity of
manifesting their preference of his interests to those of his
enemies and rivals, " Congress," it declared, "do for these
reasons, most earnestly desire, expect, and entreat," that his
? 3 S. J. 151. --1782. Madison, Lovell, Carroll.
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? HAMILTON.
123
majesty will spare no effort to exclude any restraint upon
the United States from imposing on the trade of Great
Britain any duties, restrictions, or prohibitions, which may
hereafter be judged expedient, unless, and so far only, as
a relaxation in this point may be essentially necessary for
obtaining peace or the several objects above mentioned.
The views of the French ministry, and the nature and
extent of their influence, are also shown in a despatch from
Marbois, then secretary of the French legation, dated at
Philadelphia, on the thirteenth of March, seventeen hun-
dred and eighty-two. * It stated "that a delegate from
congress, lately arrived in Carolina, has, it is said, been
chosen governor. He has communicated to the persons
of most influence in this state the ultimatum of the month
of last, who approved of the clauses in general, and
particularly that one which leaves the king master of the
terms of the treaty of peace or truce, excepting indepen-
dence and treaties of alliance. A delegate from South
Carolina told me that this ultimatum was equally well
known to persons of note in this state, and this had given
entire satisfaction there. It is the same with regard to
several other states; and I believe I may assure you, upon
the testimony of several delegates, that this measure is ap-
proved by a great majority. "
It apprised the court of the excitement in Massachusetts
as to the fisheries, and suggested, as a means of preventing
the success of the advocates of them, that the king should
cause "his surprise to be intimated to congress or to the
* Madison observes: "Marbois lately took occasion in our family to com-
plain of ungenerous proceedings of the British against individuals, as well as
against their enemies at large; and finally signified that he was no stranger
to the letter transmitted to congress, which he roundly averred to be spuri-
ous. "--Madison Papers, vol. 1, p. 531. See Life of Jay, vol. 1, p. 146, which
states that "he acknowledged it to be his," to "a gentleman employed in
the foreign service of the United States. "
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THE LIFE OF
ministers that the Newfoundland fisheries have been in-
cluded in the new instructions; that the United States
set forth pretensions without paying regard to the king's
rights, and without considering the impossibility they
are under of making conquests and keeping what belongs
to Great Britain. A declaration that France was not bound
as to the other fisheries was urged, while New-York, Charles-
ton, and Penobscot, were in the enemy's hands;--"our allies
will be less tractable than ever upon these points whenever
they recover these important posts. " "There are some ju-
dicious per sons to whom one may speak of giving up the
fisheries, and the (lands) of the west, for the sake of peace.
The advocates for peace are those who live in the country.
The inhabitants of towns do not wish for it; but it is a happy
circumstance that this division is nearly equal in the con-
gress and among the states, since our influence can incline
the beam either for peace or war, whichever way we clwose. "
The intelligence of the capture of Yorktown, had deter-
mined the British ministry to renew their efforts to nego-
tiate directly with the United States. A letter* was ad-
dressed to Franklin by David Hartley, after a conference
with Lord North, suggesting, as general grounds of a pro-
posed negotiation tending towards peace under liberal con-
structions, that "the question of dependence or indepen-
dence should remain sub-silentio and for a separate treaty.
Franklin's reply treated with just indignation the idea of a
separate peace, and quoted the treaty of alliance with
France, stating that the "great difficulty may be easily got
over, as a. formal acknowledgment of our independence is not
made necessary. "f
Another agent was despatched for a similar purpose to
Adams, who opposed all idea of a truce, adding, that the
powers of the commissioners were known.
? December, 1781. t 3 D. C. 284.
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? HAMILTON.
125
Lord North, whose object was represented to have been
to draw the United States into a separate negotiation,
and thus to excite the distrust of France, resigned. An
overture was then made* by his successors through Lord
Cholmondelly; and a letter was written by Franklin to
Lord Shelburne, conveying his wishes for a general peace.
This induced the mission of Richard Oswald to Paris,
by whom an interview was had with Franklin and Ver-
gennes, in which the readiness to enter into a joint nego-
tiation by all the allies for a general peace was avowed.
A similar overture was at the same time made to Adams,
in which it was inquired, "whether there was any authori-
ty to treat of a separate peace; and, whether there could
be any accommodation upon any terms short of inde-
pendence. " He replied "that a tacit or express acknow-
ledgment of independence- was indispensable," and "that
no treaty could be made separate from France. " Franklin,
alluding to this letter, intimated that from a recent "act"
as to prisoners, it will be less difficult for them to acknow-
ledge it expressly. Referring to a former letter, Adams
stated, " that when he hinted that he thought an express
acknowledgment of independence might now be insisted
on, he did not mean that we should insist upon such an
article in the treaty. If they make a peace with the
United States of America, this is acknowledgment enough
for me. "
Oswald was followed by Grenville. His first commis-
sion was merely to treat with France; a second was ob-
tained, extending his powers to "any other prince or
state," with instructions to propose the independence of
the United States in the first instance, and "not as" a con-
dition of a general treaty.
At this moment the Rockingham ministry was broken
<< April 14, 1782.
?
? 108
THE LIFE OF
The insuperable obstacle on the part of Great Britain,
it had been fully ascertained, was a preliminary acknow-
ledgment of independence. This original ultimatum re-
quired* it as a preliminary article to any negotiation,
that Great Britain shall agree to treat with the United
States "as sovereign, free, and independent. " Thus all
possibility of exercising his powers by Adams would have
been prevented. That such was the object of this motion,
and not the securing a preliminary acknowledgment, must
be inferred from the fact that the mover of the resolution
voted for the instructions of the fifteenth of June, by which
this previous acknowledgment of independence was waived,
and it was to become merely an article of treaty.
This last motion was rejected, three states voting for it. f
Baffled in this effort to interpose an impassable barrier to
all direct negotiation with England, the only alternative
that remained, was to withdraw his powers to form a
treaty, and at the instanee of Madison the commission to
Adams was revoked. J
Having succeeded in obtaining the entire control of the
negotiation for peace, and, by the revocation of the powers
granted to Adams, having closed the door upon Great
Britain, it might have been supposed that France would
have felt herself secure; but she still saw cause of appre-
hension. Adams was in Holland, England was represent-
ed at the Hague, and it was impossible to foresee the con-
sequences of a negotiation being opened between them.
These were to be prevented.
On his arrival at Amsterdam, Adams suggested the im-
portance of maintaining an official agent there, and he was
* 2 S. J. 225
t Connecticut, Virginia, and North Carolina--(Elsworth, Bland, and
Smith, dissenting. )
t July 23, 1781 j vol. 4, No. 36, state department; Madison seconded by
Sharpe.
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? HAMILTON.
109
empowered to negotiate a loan; he soon after intimated
the advantages to be derived from a resident embassy at
the Hague. The suggestion was approved, and he was
commissioned as minister plenipotentiary to the United
Provinces.
As early as seventeen hundred and seventy-eight, the
regency of Amsterdam had evinced a disposition to enter
into commercial regulations with America. They applied
to the states-general for a convoy to vessels carrying naval
stores to France, and protested against a refusal of it.
This gave a pretext to that nation to announce to them
"the necessity of protecting their commerce, in order to
enjoy the privileges of neutrality. " This was not done,
and a rescript was issued by France excluding Holland
from those privileges, and interdicting a part of her pro-
ductions. These decisive measures produced the intended
effect, and a naval force was directed by the states-general
to be equipped for that purpose.
Soon after, an American squadron under the command
of Paul Jones entered the Texel with several prizes. He
was ordered to leave the waters of Holland. While there,
an address was presented by the British minister, demand-
ing the seizure of the king's vessels in the hands of a
"pirate and an outlaw. " This demand was not acceded
to, but Jones was again, commanded to sail. Having re-
fused with great indignation the offer from the French
ambassador of a letter of marque, he departed.
But a short time elapsed when a plan of a treaty with
the United States was framed by the authorities at Am-
sterdam. This drew an angry remonstrance from England.
Measures of defence were taken by that city; orders in
council were issued by Great Britain for hostilities, and St.
Eustatia was captured. Adams resolved to seize upon this*
moment to make an impression. He addressed letters to
the envoys of Russia, Denmark, and Sweden, announcing
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THE LIFE OF
the resolution of congress concurring with the regulations
of the "marine treaty," and at the same moment asked of
the French ambassador the Duke de la Vauguyon to aid
him. The former did not answer his letters; the latter stated
that he had no instructions on the subject. Relying on the
support of several of the provinces, he presented a memorial
to the states-general, and urged his reception at the Hague.
He was discountenanced by Vauguyon, and was refused.
In a conference between La Luzerne and congress, they
were informed that,* " on being apprised of the intention
of Mr. Adams to display his character as a minister, the
duke gave him no assistance on that occasion, knowing the
application would have no favourable issue. "
The perseverance of Adams alarmed Vergennes, and
within a few days after his powers to form a commercial
treaty with Great Britain had been revoked, the French
ambassador appeared again before congress. He stated
the accession of Holland to the armed neutrality, the hos-
tile acts of Great Britain, the opinion of the council of
his king that a "prudent and able man"f should be sent to
Holland with full powers; that it would likewise be advan-
tageous to give proper instructions to that minister, and as
it is impossible at this distance to have quick information,
it would be proper to have further instructions given by
Dr. Franklin, in order to avoid all inconsistency or contra-
diction, and that the political operations of congress, aim-
ing towards the same end, may of course be more success-
ful. Had Franklin, as Adams alleged, been the "index
of Vergennes," a better expedient could not have been
devised by France to point the way to the American resi-
dent at the Hague; but neither this nor the hint as to the
selection of "a prudent and able man," could be acted
upon without offending New-England.
? 3 s. J. 35.
t 2 S. J. 4G6. ^Tuly 23, 1781.
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? HAMILTON.
Ill
The original instructions to Adams were, "to adopt, in
whole or without any essential alteration," a plan of treaty
which was transmitted from Philadelphia, with restrictions
"not to admit any thing inconsistent with the treaties with
France, or not conforming to the proposed regulations of
the congress of northern powers. "
The only device was, to limit these instructions 5 and
with that view a report was adopted, which, after acknow-
ledging this effort by the king of France to make a coali-
tion with Holland, as a fresh proof of his solicitude for
their interests, stated to the French minister the previous
appointment of Adams with special instructions to con-
form to the treaty with France, and empowered him to enter
into a joint alliance with France, Holland, and Spain, on
condition that no party shall conclude either truce or peace
with Great Britain without the formal consent of the
whole first obtained. In all other matters, he was to use
his best discretion; and he was directed "to confer upon
all occasions in the most confidential manner with his most
christian majesty's minister" at the Hague. *
While these measures were taken in America, Adams
was invited by Vergennes to Paris, to consult upon the
proposed mediation of Austria and Russia.
He announced his arrival; an audience was granted, and
the subject was opened. ')-
The propositions of the mediators were upon the basis,J
* 2 S. J. 472. --August 16, 1781.
t In his letter to congress, he says--" The letter announcing my ar-
rival, I sent by my servant, who waited until the count descended from the
council, when he delivered it into his hand. He broke the seal, read the
letter, and said he was sorry he could not see Mr. Adams, but he was obliged
to go into the country immediately after dinner; that Mr. Adams 'seroit
dans le cas de voir M. de Rayneval,' who lived at such a sign, in such a
street. After dinner I called on M. de Rayneval, who stated the object, and
an interview was appointed with the minister. "--6 D. C. 92.
t 6 D. C. 100. --July 11,1781.
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THE LIFE OF
that a treaty should be negotiated between Great Britain
and the American colonies without the intervention of any
of the belligerent powers, but to be signed conjointly with
that of those powers, and that there should be a general
armistice for one year from a period to be defined. The
comments of the American minister stated that there
would be no objection to such a separate treaty, consist-
ent with their obligations to their allies, without the inter-
vention of any of the belligerents, or (unless demanded)
of the mediators. The conjoint signature was approved,
but the proposed armistice or a truce, as suggested by
Vergennes, was objected to except under two express pre-
liminary conditions:--the continuance of the subsisting
treaties until the acknowledgment of independence by
Great Britain, and the antecedent removal of the British
forces; and this truce was to be of sufficient duration to
imply a virtual relinquishment of the objects of the war,
and to be agreed to before the opening of another cam-
paign.
But the great question was stated to be, the acknowledg-
ment of independence; and "as the United States can
never consent that their independence shall be discussed
before any sovereign," it was suggested that if the impe-
rial courts would "lay down, as a preliminary, the sove-
reignty of the United States, and admit their minister to
a congress," a treaty might be commenced with Great
Britain, "without any express acknowledgment of sove-
reignty until the treaty should be concluded. " The reply
of Vergennes, addressed to Adams as agent of the United
States, represented the necessity of certain preliminaries
being adjusted before the American minister could be ad-
mitted to the congress. His answer, proceeding on the
supposition that it was intended to acknowledge the inde-
pendence of the American states, proposed "that the
character of their minister sholild be ascertained before
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? HAMILTON.
113
any congress met, that he might take his place as soon as
it opened. . A second letter adverted to a most extraordi-
nary suggestion--that the separate states of America should
choose an agent foY each, to attend the congress. Adams
urged Vergennes not to countenance this idea, " apprising
him, that though it had been mentioned only as a tran-
sient speculation, that he felt it to be a duty to inform
him that congress would remonstrate against it in the
most solemn manner. " No other correspondence passed
upon this subject, but from the statement of La Lu-
zerne to congress, it appeared that England insisted upon
the dependence of America being pre-established, and
that thus there would be no possibility of a mediation for
peace.
Adams returned to Amsterdam, approved* and obeyed
his last instructions. In order to learn whether he should
visit the president of the states-general, he consulted
Vauguyon, observing "that congress had wisely enjoined
it upon him to confer in the most confidential manner
with his excellency, and that he had "made it a law to
take no important step without his approbation. " Vau-
guyon waited the orders of his principal, and informed
Adams that the minister " sees no objection to the visit on
the subject of his memorial, provided, without any official
writing, he limited himself to the inquiry, whether his
memorial had been the subject of deliberation, and what
answer he should communicate to congress. " The memo-
rial was referred for consideration; and after some delay--
after the capture of Cornwallis and the victories of Greene
had changed the British ministry, and peace was inevitable,
--France sanctioned his reception, and he was gratified by
a public acknowledgment. During these interesting mo-
ments, he received a letter from the secretary of foreign
6 D. C. 198.
15
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THE LIFE OF
affairs disapproving his having printed his memorial, and
having urged his admission to court. His reply shows his
views of the effects of this measure,* and of the conse-
? John Adams to congreis. --6 Dip. Corres. 258. --" The proposition to the
president being taken ad referendum, it became a subject of the delibera-
tion of the sovereignty. The prince, therefore, and the whole court, are
legally bound to treat it with respect, and me with decency ; at least, it would
be criminal in them to treat me or the subject with indecency. If it had
not been presented and printed, I am very sure I could not long have resided
in the republic; and what would have been the consequence to the friends
of liberty, I know not. They were so disheartened and intimidated, and the
Anglomanes were so insolent, that no man can say that a sudden frenzy
might not have been excited among the soldiery and people, to demand a
junction with England, as there was in the year 1748. Such a revolution
would have injured America and her allies, have prolonged the war, and
have been the total loss and ruin of the republic.
"Immediately upon the presentation of my memorial, M. Van Berckel ven.
tnred to present his requite and demand for a trial. This contributed still
further to raise the spirits of the good people, and soon after the burgomasters
of Amsterdam appeared with their proposition for giving the prince a com-
mittee for a council, and in course their attack upon the duke; all which
together excited such an enthusiasm in the nation, and among the officers
of the navy, as produced the battle of the Doggerbank, which never would
have happened, in all probability, but would have been eluded by secret or-
ders and various artifices, if the spirit raised in the nation by the chain of
proceedings of which the American memorial was the first and an essential
link, had not rendered a display of the national bravery indispensable for the
honour of the navy, and perhaps for the safety of the court.
"The memorial as a composition, has very little merit; yet almost every
gazette in Europe has inserted it, and most of them with a compliment, none
without any criticism. When I was in Paris and Versailles afterwards, no
man ever expressed to me the smallest disapprobation of it, or the least appre-
hension that it could do any harm. On the contrary, several gentlemen of
letters expressed higher compliments upon it than it deserved. The king of
Sweden has done it a most illustrious honour, by quoting one of the most ma-
terial sentiments in it, in a public answer to the king of Great Britain; and the
emperor of Germany has since done the author of it the honour to desire in the
character of Count Falkenstein to see him, and what is more remarkable, ha>>
adopted the sentiments of it concerning religious liberty into a code of laws
for his dominions,--the greatest effort in favour of humanity, next to the
American revolution, which has been produced in the eighteenth century.
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? HAMILTON.
115
quences of his firmness. It also discloses his indignation
at the influence which had been exerted against him,
charging expressly, that it was the design of the French
"As my mission to this republic was wisely communicated to the court of
Versailles, who can say that this transaction of congress had not some influ-
ence in bringing De Grasse into the Chesapeake Bay? Another thing I
ought to mention; I have a letter from Mr. Jay, informing me that ip the
month of June last, M. Del Campo was appointed by the court of Madrid to
treat with him; the exact time when my memorial appeared at Madrid.
You may possibly say, that my imagination and self-love carry me extraor-
dinary lengths; but when one is called upon to justify an action, one should
look all round. All I contend for is, that the memorial has certainly done
no harm; that it is probable it has done some good, and that it is possible
it has done much more than can be proved. A man always makes an awk-
ward figure when he is justifying himself and his own actions, and I hope I
shaJJ be pardoned. It is easy to say, ' il abonde trop dans son tens; il eft
twin et glorieux; U eft plein de liii-mime; il ne vpii que lui;' and other
modest things of that sort, with which even your Malcsherbes, your Turgots,
and Neckers, are sometimes sacrificed to very small intrigues.
"Your veterans in diplomacy and in affairs of state consider us as a kind
of militia, and hold us, perhaps, as is natural, in some degree of contempt;
but wise men know that militia sometimes gain victories over regular troops,
even by departing from the rules. Soon after I had presented the memorial,
I wrote to the Due de la Vauguyon upon the subject of inviting or admitting,
m concert, the republic to accede to the alliance between France and Ame-
rica. The duke transmitted that letter to the Count de Vergennes, which
produced the ofler to congress from the king, to assist us in forming a con.
? ection with the republic, and the instructions upon the subject, which I
shall execute as soon as the French ambassador thinks proper. With him it
bow lies, and with him, thank God, I have hitherto preserved a perfectly
good understanding, although I differed from him in opinion concerning the
point of time to make the former proposition.
"The evacuation of the barrier towns has produced an important commen.
tary upon the conversation I had with the duke, and his opinion upon that
occasion. How few weeks was it, after the publication of my memorial, that
the Roman emperor made that memorable visit to Brussels, Ostend, Bruges,
Antwerp, and all the considerable maritime towns in his provinces of Bra-
oant and Flanders? How soon afterwards his memorable journeys to Holr
land and to Paris? Was not the American memorial full of matter for the
emperor's contemplation, when he was at Ostend, Antwerp, and Bruges 1
Was it not full of matter, calculated to stimulate him to hasten his negotia-
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THE LIFE OF
"to keep us dependent upon them, that we might be
obliged to accept such terms of peace as they should think
would do for us.
"*
tions with France concerning the abolition of the barrier towns? Wai not
the same matter equally calculated to stimulate France to finish such an
agreement with him, as we have seen the evidence of in the actual evacua-
tion of those towns? If this evacuation is an advantage to France and to
America, as it undoubtedly is, by putting this republic more in the power of
France, and more out of a possibility of pursuing the system of Orange by
joining England, and my memorial is supposed to have contributed any thing
towards it, surely it was worth the while.
"The period since the 4th of May, 1781, has been thick sown with good
events, all springing out of the American revolution, and connected with the
matter contained in my memorial. The memorial of M. Van Berckel; the
proposition of the burgomasters of Amsterdam; their attack upon the duke
of Brunswick, and the battle of Doggerbank; the appointment of Sefior del
Campo to treat with Mr. Jay; the success of Colonel Laurens, in obtaining
orders for the French fleet to go upon the coast of America; their victory
over Graves, and the capture of Cornwallis; the emperor's journey to his
maritime towns, to Holland, and to Paris; his new regulations for encour-
aging the trade of his maritime towns; his demolition of the barrier fortifi-
cations; and his most liberal and sublime ecclesiastical reformation; and the
king of Sweden's reproach to the king of England for continuing the war,
in the very words of my memorial;--these traits are all subsequent to that
memorial, and they are too sublime and decisive proofs of the prosperity and
glory of the American cause, to admit the belief, that the memorial has done
it any material harm.
"By comparing facts, and events, and dates, it is impossible not to believe
that the memorial had some influence in producing some of them. When
courts, princes, and nations, have been long contemplating a great system
of affairs, and their judgments begin to ripen, and they begin to see how
things ought to go, and are going, a small publication, holding up these ob-
jects in a clear point of view, sometimes sets a vast machine in motion at
once, like the springing of a mine. What a dust we raise! said the fly upon
the chariot wheel. It is impossible to prove that this whole letter is not a
similar delusion to that of the fly. The councils of princes are enveloped
in impenetrable secrecy. The true motives and causes which govern their
actions, little or great, are carefully concealed. But I desire only that these
events may be all combined together, and then, that an impartial judge may
6 D. C. 395.
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? HAMILTON.
117
At a dark period of the revolution, a few days after the
plot of Andre had been discovered, congress, acting upon
a proposition of the empress of Russia for the establish-
ment of an armed neutrality addressed to the belligerents,
empowered their commissioners to accede to its regula-
tions. *
It was hoped in this mode to induce the mediation of
Russia, and soon after Dana was accredited as minister at
that court. He was authorized to sign the convention for
the protection of neutral commerce, either with Russia in
conjunction with the other neutral powers, or separately
with either of them.
Dana apprised Franklin of his commission, who advised
its being communicated to Vergennes, and that his opinion
should be taken, whether it woulfl be proper to disclose
his powers to the court of St. Petersburg, and obtain their
approbation before he proceeded to Russia. From the
latter part of this advice he dissented, for reasons to which
Franklin assented; and though the conduct of Vergennes
satisfied him that it was the policy of France not to ren-
der the United States "independent" by new allies, he
proceeded on his mission.
His instructions indicated it as "a leading and capital
point, that the United States should be formally admitted
as a party to the convention of maritime powers," and
say, if he can, that he believes that that homely harmless memorial had no
share in producing any part of this great complication of good.
"But be all these speculations and conjectures as they will, the foresight
of which could not have been sufficiently clear to have justified the measure,
it is sufficient for me to say, that the measure was absolutely necessary and
unavoidable. I should have been contemptible and ridiculous without it. By
it I have secured to myself and my mission universal decency and respect,
though no open acknowledgment or avowal. I write this to you in confi-
dence; you may entirely suppress it, or communicate it in confidence, as you
judge for the public good. "
? October 5,1780.
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? 118
THE l;pe of
directed him to communicate the general object of hw
mission to the resident envoy of France.
On arriving at St. Petersburg, he consulted that envoy,
who evinced a decided repugnance to the disclosure of
his objects or powers. As the fortunes of the United
States rose, repeated applications were made to him for
an introduction to the court. They were discouraged,
until at last--tied down by his instructions, and con-
vinced that, alone and unsustained, his reception would
be refused--he apprised congress of his position, and of
the necessity of douceurs to the Russian cabinet before
a negotiation could be opened. Thus, by the complicated
policy of France, America stood dumb before the powers
of Europe.
This letter of Dana Vas referred to a committee, of
which Madison was chairman. Though remote, yet
Hamilton saw the advantages of opening a commerce
with Russia, provided a treaty could be formed on equal
terms without bestowing presents. With this view, he
moved that Dana "be informed that the treaties lately
entered into for restoring peace, have caused such an al-
teration in the affairs of these states, as to have removed
the primary object of his mission to the court of Russia--
the acquisition of new supports to our independence. That
with respect to a commercial treaty with Russia, they
consider the benefits of it to this country in an extensive
degree as rather remote, and have therefore little present
inducement to enter into it besides a desire of cultivating
the friendship of that court, and preserving a consistency
with the disposition already manifested towards forming
a connection therewith; and also of laying the foundation
of a future intercourse, when the circumstances of the two
countries may be more favourable to the same. That as
experience will enable both nations to form a better judg-
ment hereafter of the principles upon which that inter-
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? HAMILTON.
119
course may be most advantageously couducted, congress
would wish any treaty now formed to be of temporary
duration and limited to a fixed period. That in this
view, unless he shall have already formed engagements or
made proposals from which he cannot easily recede, of a
more indefinite and extensive nature before this reaches
him, he be instructed to confine the duration of the pro-
posed treaty of commerce to fifteen years, agreeable to
the term limited in a similar treaty with Sweden, and to
stipulate expressly that it should be subject to the revisal
of congress, and that in all matters he insist upon exact
reciprocity. " As to the proposed douceur, "that he be in-
formed, as by the confederation no person holding offices
under the United States are permitted to receive presents
from foreign powers, so it is not consistent with the situa-
tion or policy of these states to adopt that practice in their
transactions with other nations. " After two divisions,
one of which was on a modification of the prohibition of
douceurs at the instance of Madison, so as to permit the
payment of any that might have been stipulated, this mo-
tion failed.
On the following day, Madison proposed an instruction
to decline making any propositions for a treaty with Russia
unless Dana was pre-committed; and if so, to limit it to
fifteen years, omitting the prohibition of presents. This
was defeated, and a substitute offered by Elsworth, to
limit the duration of any treaty then in progress to fifteen
years, subject to revisal, passed unanimously.
The question of acceding to the armed neutrality had
been raised in the course of this debate by Hamilton.
He offered as an amendment this important declaratory
resolution:--
"That though congress approve the principles of the
armed neutrality founded on the liberal basis of a main-
tenance of the rights of neutral nations and of the pri-
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? 120
THE LIFE or
vileges of commerce, yet they are unwilling, at this junc-
ture, to become a party to a confederacy which may here-
after too far complicate the interests of the United States
with the politics of Europe; and, therefore, if such a pro-
gress is not yet made in this business as may make it dis-
honourable to recede, it is their desire that no further
measures may be taken at present towards the admission
of the United States into that confederacy. " This amend-
ment was referred, and a report subsequently passed, which
stated, "that as the primary object of the proposed acces-
sion to the neutral confederacy no longer can operate, and
as the true interest of these states requires they should be
as little as possible entangled in the politics and controver-
sies of European nations," it was inexpedient to renew the
powers of Dana. -
It approved the liberal principles of that confederacy,
but directed the American commissioners, "in case they
should comprise in the definitive treaty (with Great Bri-
tain) any stipulations amounting to a recognition of the
rights of neutral nations, to avoid accompanying them by
any engagements which shall oblige the contracting parties
to support those stipulations by arms. " Thus it is seen
that at Hamilton's instance the great principle which
should be especially the governing maxim of a republic,
the principle of an absolute neutrality, was inscribed on the
front of our national councils. * It is an evidence of the
wisdom of this resolution, that each of the parties to the
armed neutrality entered into engagements within thirteen
years after its origin, in direct contravention of it.
France was still pursuing her system studiously. Va-
rious communications were made from time to time by La
* Madison, vol. 1, p. 454,460, docs not give these important proceedings
He merely refers to the secret journal, and adds that the passage relating to
the armed neutrality was generally concurred in, and assigns certain reasons
for the disagreements as to the treaty of commerce with Russia.
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? HAMILTON.
121
Luzerne, the objects of which were to prepare congress for
such concessions as it might be her policy to require. In
one instance they were informed that if she did not obtain
"for every state" all they wished, the sacrifice must be
ascribed to necessity; and he expressed " his satisfaction at
the extensive powers with which the ministers are invested
as to the matter of boundary and the truce, which, he
said, "the interests of France as well as of the United
States, require to be as long as possible. " They were sub-
sequently reminded of the consequences to be apprehended
from the rejection of "reasonable terms. " Massachusetts
understood this language, and on the twenty-seventh of
October, seventeen hundred and eighty-one, instructed her
delegates "in a future settlement of peace to insist" upon
the fisheries. This act was referred* the following month.
A report was then prepared by Madison,f containing
new instructions to the American commissioners. By this
report the previous territorial limits were to be insisted
upon. As the common right of fishery was an attribute
of sovereignty, France was urged to obtain a stipulation
in favour of it, but if not attainable, by no means to sur-
render it. It required that there should be no engage-
ment for the restitution of confiscated property, nor for
the return of fugitives or exiles, as "any such stipulation
would not only be dishonourable to the governments of
these states, but obnoxious to the people at large. "
"It is not," it added, "unworthy of the circumspection
of his most christian majesty, to reflect whether the resto-
ration of those persons may not produce an unequal compe-
tition with his subjects, in trade. Many among them, be-
sides the advantage which they possess from the know-
ledge of our language, have accurately informed themselves
* To Madison, Carroll, and Lovell.
t Vol. 1, No. 20, MSS. in department of state.
16'
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? 122 THE LIFE OF
of the nature of our commerce from actual experience. "
And it proposed, "that no stipulation should be admitted
limiting the power of the United States to impose restric-
tions on British commerce, assigning as the motive, that
this power " alone will leave to his allies the future oppor-
tunity of manifesting their preference of his interests to
those of his enemies and rivals. "
This report was amended,* and on the eighth of Janu-
ary following was laid before the house. Having admitted
that the fisheries and other claims of the United States
were not to be included in the ultimatum, it instructed
their ministers "to acquaint his most christian majesty,
that, notwithstanding the occasion presented to the United
States by the signal and various advantages gained over
the enemy, of enlarging their ultimatum for peace, the
firm reliance which congress have on the friendship and
influence of his majesty, has determined them not to de-
part from their (previous) resolution, by which all the ob-
jects of their desires and expectations, excepting only the
independence of the United States and their alliance with
his majesty, are eventually submitted to his councils. But
in order to make him more fully sensible of the extent and
foundation of these desires and expectations, have thought
it expedient that some observations should be made to him
relative to the several objects which are most likely to fall
within the compass of negotiation. "
The objects were then stated. They were the bounda-
ries--the fisheries--the exclusion of any provision for the
restoration of confiscated property. Again adducing as the
motive, that it will leave his allies the future opportunity of
manifesting their preference of his interests to those of his
enemies and rivals, " Congress," it declared, "do for these
reasons, most earnestly desire, expect, and entreat," that his
? 3 S. J. 151. --1782. Madison, Lovell, Carroll.
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? HAMILTON.
123
majesty will spare no effort to exclude any restraint upon
the United States from imposing on the trade of Great
Britain any duties, restrictions, or prohibitions, which may
hereafter be judged expedient, unless, and so far only, as
a relaxation in this point may be essentially necessary for
obtaining peace or the several objects above mentioned.
The views of the French ministry, and the nature and
extent of their influence, are also shown in a despatch from
Marbois, then secretary of the French legation, dated at
Philadelphia, on the thirteenth of March, seventeen hun-
dred and eighty-two. * It stated "that a delegate from
congress, lately arrived in Carolina, has, it is said, been
chosen governor. He has communicated to the persons
of most influence in this state the ultimatum of the month
of last, who approved of the clauses in general, and
particularly that one which leaves the king master of the
terms of the treaty of peace or truce, excepting indepen-
dence and treaties of alliance. A delegate from South
Carolina told me that this ultimatum was equally well
known to persons of note in this state, and this had given
entire satisfaction there. It is the same with regard to
several other states; and I believe I may assure you, upon
the testimony of several delegates, that this measure is ap-
proved by a great majority. "
It apprised the court of the excitement in Massachusetts
as to the fisheries, and suggested, as a means of preventing
the success of the advocates of them, that the king should
cause "his surprise to be intimated to congress or to the
* Madison observes: "Marbois lately took occasion in our family to com-
plain of ungenerous proceedings of the British against individuals, as well as
against their enemies at large; and finally signified that he was no stranger
to the letter transmitted to congress, which he roundly averred to be spuri-
ous. "--Madison Papers, vol. 1, p. 531. See Life of Jay, vol. 1, p. 146, which
states that "he acknowledged it to be his," to "a gentleman employed in
the foreign service of the United States. "
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THE LIFE OF
ministers that the Newfoundland fisheries have been in-
cluded in the new instructions; that the United States
set forth pretensions without paying regard to the king's
rights, and without considering the impossibility they
are under of making conquests and keeping what belongs
to Great Britain. A declaration that France was not bound
as to the other fisheries was urged, while New-York, Charles-
ton, and Penobscot, were in the enemy's hands;--"our allies
will be less tractable than ever upon these points whenever
they recover these important posts. " "There are some ju-
dicious per sons to whom one may speak of giving up the
fisheries, and the (lands) of the west, for the sake of peace.
The advocates for peace are those who live in the country.
The inhabitants of towns do not wish for it; but it is a happy
circumstance that this division is nearly equal in the con-
gress and among the states, since our influence can incline
the beam either for peace or war, whichever way we clwose. "
The intelligence of the capture of Yorktown, had deter-
mined the British ministry to renew their efforts to nego-
tiate directly with the United States. A letter* was ad-
dressed to Franklin by David Hartley, after a conference
with Lord North, suggesting, as general grounds of a pro-
posed negotiation tending towards peace under liberal con-
structions, that "the question of dependence or indepen-
dence should remain sub-silentio and for a separate treaty.
Franklin's reply treated with just indignation the idea of a
separate peace, and quoted the treaty of alliance with
France, stating that the "great difficulty may be easily got
over, as a. formal acknowledgment of our independence is not
made necessary. "f
Another agent was despatched for a similar purpose to
Adams, who opposed all idea of a truce, adding, that the
powers of the commissioners were known.
? December, 1781. t 3 D. C. 284.
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? HAMILTON.
125
Lord North, whose object was represented to have been
to draw the United States into a separate negotiation,
and thus to excite the distrust of France, resigned. An
overture was then made* by his successors through Lord
Cholmondelly; and a letter was written by Franklin to
Lord Shelburne, conveying his wishes for a general peace.
This induced the mission of Richard Oswald to Paris,
by whom an interview was had with Franklin and Ver-
gennes, in which the readiness to enter into a joint nego-
tiation by all the allies for a general peace was avowed.
A similar overture was at the same time made to Adams,
in which it was inquired, "whether there was any authori-
ty to treat of a separate peace; and, whether there could
be any accommodation upon any terms short of inde-
pendence. " He replied "that a tacit or express acknow-
ledgment of independence- was indispensable," and "that
no treaty could be made separate from France. " Franklin,
alluding to this letter, intimated that from a recent "act"
as to prisoners, it will be less difficult for them to acknow-
ledge it expressly. Referring to a former letter, Adams
stated, " that when he hinted that he thought an express
acknowledgment of independence might now be insisted
on, he did not mean that we should insist upon such an
article in the treaty. If they make a peace with the
United States of America, this is acknowledgment enough
for me. "
Oswald was followed by Grenville. His first commis-
sion was merely to treat with France; a second was ob-
tained, extending his powers to "any other prince or
state," with instructions to propose the independence of
the United States in the first instance, and "not as" a con-
dition of a general treaty.
At this moment the Rockingham ministry was broken
<< April 14, 1782.
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