In the prospect of a successful issue to this mediation,
John Adams, who had returned to the United States, was
at the same time appointed envoy to Great Britain, and
Henry Laurens to the United Provinces.
John Adams, who had returned to the United States, was
at the same time appointed envoy to Great Britain, and
Henry Laurens to the United Provinces.
Hamilton - 1834 - Life on Hamilton - v2
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THE LIFE OF
controversy against a nation in whose constitution and
morals those principles had their source.
As early as September, seventeen hundred and seventy-
five, measures were under consideration for obtaining
foreign succour; and for that purpose, a committee of se-
cret correspondence was appointed, of which Benjamin
. Franklin was chairman.
This committee selected Arthur Lee, of Virginia, the
agent of the colony of Massachusetts, then residing in
London, as the medium of communication. He disclosed
his commission to the envoy of France, who immediately
apprised his government. The dissensions in the Ameri-
can colonies had early presented themselves to the court
of Versailles, as an opportunity to weaken her powerful
neighbour; and scruples as to the violation of a subsisting
treaty were overcome by the strong motive of a supposed
national interest. Uncertain as to the issue of the contro-
versy, France, it has been observed, adopted the policy of
granting secret aids--aids so limited, as to indicate a dispo-
sition rather to foster an embarrassing quarrel, than to
assist in founding an empire. But the same foresight
which prompted congress in July, seventeen hundred and
seventy-six, to declare the independence of the United
States, anticipated its recognition by France as one of the
certain consequences of that measure; and in the same
month a plan of treaty with that power was framed. It
was acted upon in the ensuing September, and Franklin,
Deane, and Lee, were elected commissioners to represent
their country at Versailles.
This plan provided, that each nation should commerce
with the other on the footing of " natives;" for the mutual
protection of this commerce, with the exception of certain
articles enumerated as contraband; for the retention by
France of her existing fisheries, with a stipulation that
neither party should interfere with the fishing-grounds of
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? HAMILTON.
83
the other, on pain of confiscation. It further provided,
that France should not under any pretence possess her-
self of any of the territories then or lately under the do-
minion of Great Britain, on or near the North American
continent, it being the declared intention of the United
States to have the sole and exclusive possession of them.
It secured access, on the same terms with France, to such
of the British West Indies as she might capture; gave
permission of free access, by the men-of-war and priva-
teers of either party, to the ports of the other, excluding
from them any captures from either nation by an enemy;
with the right also of unmolested trade by either party
from its own to the ports of an enemy of the other, or
from one of that enemy's ports to another. It also pro-
vided for an exemption from duty, in the French islands,
on molasses shipped to the United States, and that the
duties on articles in those islands, when sent there, should
not exceed the lowest duties upon the same articles when
shipped to France.
The instructions which accompanied this plan, authorized
the substitution of a commerce on the footing " of the most
favoured nation" if France objected to that of "natives;"
a waiver of other of the proposed articles upon certain con-
tingencies; and urged a public acknowledgment by France
of the independence of the United States, with assurances
to Spain not to interfere with her colonial dependencies.
Additional instructions were subsequently given, to take
measures to prevent the employment by England of fo-
reign mercenaries, offering an entire exclusion of her from
the American fisheries, with a participation in them to
France, and an assurance of aid in the reduction of the
British "West Indies, then to belong to France, as induce-
ments to obtain a declaration of war. The same commis-
sioners were instructed to negotiate a treaty of commerce
and alliance with Spain; for which purpose they were di-
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THE LIFE OF
rected to promise aid in the reduction of Pensacola, with
an express reservation to the United States of the use of
its harbour, and of the free navigation of the Mississippi.
Measures were also taken to form treaties with Prussia,
Austria, and Tuscany.
These propositions were coldly received by France.
The issue of the last war with Great Britain, while it
stimulated to revenge, inspired caution. But the difficulty
of concealing her co-operation increased; and when the
surrender of Burgoyne and the onset at Germantown
gave evidence of the vigour and resources of America,
she resolved to throw off the mask. An interview was
held with the American commissioners: the terms of the
proposed treaty were considered; and after an interval,
during which an answer was received from Spain refusing
to unite in the measure, a treaty of amity and commerce
was concluded with the United States, on the sixth of Feb-
ruary, seventeen hundred and seventy-eight.
By this treaty, each party was placed on the footing of
"the most favoured nation. " Similar stipulations for mu-
tual protection and facility of intercourse, were made with
those in the original plan; an article was added, granting
to each nation the liberty of maintaining in the ports of
the other a consular establishment, to be regulated in its
functions by a convention; and another, by which France
promised to grant one or more free ports in Europe, and
to continue the free ports which had been, or were then,
open in the West Indies. The article as to molasses was
objected to, but ultimately permitted to remain on the grant
as an equivalent, that all merchandise shipped directly from
the United States to the sugar-producing islands, should be
free of duty ;* that excluding France from possessing
* The American commissioners were Franklin, Deane, and Lee. Lee at
first declined to sign, from an objection to that article of the commercial
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? HAMILTON. 85
herself of any of the territories or islands then or lately
under the dominion of Great Britain on or near the North
American continent, was dissented from and abandoned.
A treaty of alliance, eventual and defensive, was also
formed. It provided, that common cause should be made
if war should break out between France and Great Britain
during the continuance of the war between her and North
America. It declared that the essential and direct end
of this alliance was the liberty and independence of the
United States, both in government and commerce; that
acquisitions by the United States in the northern parts of
America, or of the Bermudas, should belong to them, and
renounced, on the part of France, the possession of those
islands and of all the North American territory previously
or then belonging to Great Britain or to the United States.
All British islands situated in or near the Gulf of Mexico,
if captured by France, were to appertain to her.
An article was inserted, at the instance of the American
commissioners, that no peace or truce was to be concluded
with Great Britain by either party without the formal
consent of the other; and a mutual engagement was made,
treaty which had been inserted as an equivalent for the exemption of molas-
ses, an objection which had been approved by Ralph Izard, the commissioner
to Tuscany. Franklin did not attach much importance to this exception,
but with a view to unanimity, asked of the French court an omission of
these articles. France, although she had expressed an indifference as to
their introduction, insisted on retaining them, and they were inserted.
The views of Lee were approved by congress, and on the ratification of the
treaty, these articles were rejected by an almost unanimous vote, and subse-
quently expunged.
The objections were, that by this article, "the French might lay what
duty they pleased on their European exports, and upon sugar, coffee, and
other productions of their islands, without any check. For if, in consequence
of any such duty imposed by them, a duty were to be laid by America on
any of her exports to France, the French vessels would have nothing to do
but to clear out for the West Indies, and sail directly for Europe, or touch
first at one of their islands. "
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THE LIFE OF
"not to lay down their arms until the independence of the
United States shall have been formally or tacitly assured
by treaty. " It excluded all claim of compensation on
either side, and contained a mutual guarantee against all
other powers from its date forever--on the part of the
United States to France, of her present possessions in
America, or those she might acquire by a future treaty of
peace; and on the part of France to the United States,
of their liberty, and independence of government and
commerce, and all their possessions, and the conquests
they should have made from Great Britain during the ex-
isting war, as the same " shall be affixed at the moment of
its cessation. "
To define more explicitly the sense of this guarantee, it
was declared, that in case of a rupture between France
and England, it was to take effect from the moment of
that occurrence. If such rupture did not occur, then it
was not to take effect "until the cessation of the war be-
tween the United States and England shall have ascer-
tained their possessions. "
A separate and secret article was added, by which Spain
was entitled to accede to these treaties and participate in
these stipulations at such time as she should judge proper,
with an engagement to admit such alterations, analogous to
the aim of the alliance, as Spain or the United States may
propose, and shall be deemed conformable with recipro-
city. This treaty, containing such important provisions,
was framed by France without having been anticipated by
the United States, was presented to the American com-
missioners, the first time on the eighteenth, was assented
to on the twenty-seventh of January, and signed on the
sixth of February, simultaneously with the treaty of com-
merce.
These compacts have been eulogized as evidences of the
magnanimity of France, and have been pronounced more
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? HAMILTON.
87
beneficial to the United States than to their ally. The
only adequate motives that can be ascribed to France for
making them were, to abridge the power of a rival, to en-
large her commercial relations with a new and growing
country, and to secure permanently her American posses-
sions. The first result she anticipated from a contest in
which she knew the United States must prevail; as to the
second, although she was too wise to excite jealousy by
very unequal terms, she secured to herself forever the ad-
vantage of a trade, on the privileges of "the most favored
nation," with a young, growing, and extensive empire, with-
out giving any essential commercial equivalents. But the
third, although it appeared to be a measure of reciprocity,
was largely in her favour. She guarantied to the United
States their sovereignty and independence; as an equiva-
lent for which, they guarantied her West India possessions.
Whenever the independence of the United States should be
obtained, as it was not within the calculation of probabili-
ties that it would ever again be at hazard, the guarantee
of France would be nominal, while that of the French
islands would be operative in every maritime war in
which France might be engaged, would be an effectual
protection of them by means of the future power of this
republic, and might involve it in controversies in which it
had not only no mutual, but, perhaps, an opposite interest.
Upon the conclusion of this treaty, Gerard was ap-
pointed minister plenipotentiary to the United States,
where he arrived in the month of July. Silas Deane was
recalled, John Adams substituted for him, and Franklin
commissioned to the French court, but with instructions not
to enter into any stipulation without the previous consent of
America. * The mission of Gerard was not disclosed by
* It ib stated that in a conference between Gouverncur Morris and Gerard,
in relation to the instructions to be given to Franklin, "one important fea-
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THE LIFE OF
his joint commissioners to Lee, who addressed a letter to
Franklin expressing in strong terms his indignation at this
concealment, and charging upon him circumstances to show
a studied design to mislead him. To this letter no reply
has been found; the concealment has been excused on the
ground of an injunction of secrecy by the minister of
France. These dissensions were censured by congress,
and a motion to recall Franklin was rejected by the votes
of ten states. * Within a few days after, Lee communi-
cated to Vergennes that Hartley, an English member of
parliament, was endeavouring to insinuate distrusts of the
conduct of France; and that agents for a similar purpose
had been despatched to the United States. Lee's hesita-
tion as to the treaty had given displeasure, and this letter
was answered by a sharp and insulting reply. f
The agents mentioned by Lee arrived in the United
States and attempted to open a negotiation, but congress
refused all correspondence with them, unless preceded by
an acknowledgment of their independence, or the with-
drawal of their fleets and armies. A fruitless attempt
was also made to treat separately with Franklin. Appre-
hensive that these experiments on the good faith of Ame-
rica might succeed, the French ambassador declared that
it had been pretended that the United States had reserved
tare was struck out at the suggestion of Gerard. " It was a direction to
Franklin to urge France to send an increased naval force to aid in driving
the British from the seaports. This was objected to by Gerard, on the
grounds that it was not feasible, nor would be advantageous. The project
for attacking Canada was wisely discountenanced. What the motives of
France were, is not known ; perhaps not too much to aggrandize the United
States; as, if conquered, it was guarantied to them, and probably with the
ulterior view of obtaining it herself, at the termination of the war, as the re.
storation of an ancient possession. Other motives have been assigned. --
Life of Gouverneur Morris, vol. 1, 189.
* McKean's letter as to this, p. 177, vol. 2, R. H. Lee's Life.
t 1778. --2 D. C. 145, 157.
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? HAMILTON.
89
the liberty of treating with Great Britain separately from
their ally, as long as Great Britain shall not have declared
war against his master; which was met by an explicit as-
surance, that the United States would not conclude a
peace or truce with the common enemy, without the for-
mal consent of their ally; and that any insinuations or
assertions to the contrary, tended to their injury and dis-
honour.
Several months having elapsed since the signature of
the treaty which gave to Spain the right of acceding to the
alliance, Lee, who had been at an early period commis-
sioned to open a negotiation with that court, proposed it
to Vergennes. His reply stated, that he would "act pru-
dently in suspending the measures, with a view of ascer-
taining its principles and resolutions with regard to Ame-
rica. " This answer was transmitted to the United States,
and about the time it was received, Gerard announced to
congress that Spain had resolved to make a final offer of
mediation, and urged the immediate appointment of a
minister to Madrid to assist in the deliberations, and to
conclude a treaty. The important question as to the ulti-
mata to govern a treaty with Great Britain, was now con-
sidered by congress. *
It was proposed, as a preliminary to all negotiation, that
the independence of the United States should be acknow-
ledged. The boundaries were defined nearly as they were
subsequently established by the definitive treaty. The
country was to be evacuated by the British forces, and the
free navigation of the Mississippi as low as the southern
limits of the United States, and a free commerce (except-
ing enumerated articles) to some port or ports near its
mouth, were to be insisted upon. Conditional articles re-
lating to the British North American possessions--the
February 23, 1779. --2 S. J. 228.
12
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? ! )()
THE LIFE OF
Bermudas and Floridas--with a stipulation that the United
States should not trade to the East Indies, or engage in
the slave trade, were also proposed, but were set aside.
The debate upon these terms, in which the fisheries
were the prominent topic, was protracted until July; du-
ring its progress, repeated communications were made by
the envoy of France. On the twenty-second of May,
seventeen hundred and seventy-nine, congress were re-
minded of the determination of France to continue the
war until independence shall have been formally or tacitly
acknowledged--that she was only bound by her treaty,
and that as to the possessions to be insisted upon--that
her engagements were conditional, and that the obliga-
tions did not commence until they were fixed by the ces-
sation of the war; and a caution was given against " far-
fetched inductions, subject to discussion and contradiction,
tending to alter the fundamental system of the alliance. "
This was followed by a second urgent memorial on the
importance of the mediation of Spain, and of a decision
upon the terms. On the twelfth of July a conference
was had, in which Gerard stated "that the court of Lon-
don, showing on one side dispositions to a reconciliation
with France, rejected, on the other, a formal explicit ac-
knowledgment of independence, which France persevered
to hold up as a preliminary and essential condition. " He
reminded congress, that Holland had only obtained a tacit
acknowledgment of independence after a war of thirty,
and an explicit one after a resistance of seventy years; and
that to that day, Genoa and the Swiss cantons had obtain-
ed no renunciation or acknowledgment, either tacit or
formal, from their former sovereigns; but that they enjoy
their sovereignty and independence only under the gua-
rantee of France.
This was pronounced a difficulty "merely in words"
and it was suggested "that instructions upon particular
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? HAMILTON.
01
conditions" might frustrate the purpose of the treaty, (of
a tacit acknowledgment;) and the necessity, by the adop-
tion of "just and moderate terms" towards England, of
enabling Spain to bring her mediation to an issue, was en-
forced. Congress were also reminded, that "proper terms"
should be offered to his catholic majesty, in order to re-
concile him perfectly to the American interest, and lest he
should "drop the mediation. "
To obviate these difficulties, a commission with full
powers based on the treaty with France was proposed.
Congress resumed the consideration of their ultimata:
after much debate, a division was taken on an amendment
admitting that independence might be "tacitly assured"
and it was negatived. As to the fisheries, it was decided
that the guarantee of them should not be an ultimatum,
but that in any treaty of commerce with Great Britain,
that right " should in no case be given up. " The instruc-
tions were, that" in all other matters you are to govern
yourselves by your own discretion, as shall be most for the
interest of these states, taking care that the treaty be
founded on principles of equality and reciprocity, so as to
conduce to the mutual advantage of both nations, but not
to the exclusion of others. "*
As this negotiation was to be conducted under the me-
diation of Spain, the terms of a treaty with that power
were also discussed. Congress, anxious to obtain a subsidy,
aware of her desire to repossess the Floridas, and doubtful
of the extent of the treaty of alliance with France on this
point, agreed to guaranty them to Spain if conquered from
Great Britain, but insisted upon the free navigation of the
Mississippi into and from the ocean. A motion to authorize
a relinquishment of this essential right, on condition of the
grant of a free port or ports below the boundary of the
? 2S. J. 231. --July 31, 1779.
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THE LIFE OF
United States, if that right should be found an insuperable
obstacle to a treaty, was rejected.
These instructions being adopted, they proceeded to the
choice of a minister to Spain. Jay was elected.
In the prospect of a successful issue to this mediation,
John Adams, who had returned to the United States, was
at the same time appointed envoy to Great Britain, and
Henry Laurens to the United Provinces. Jay proceeded
to Spain, Adams to Paris.
In the early part of the sojourn of Adams at Paris,
during his first mission, nothing of a very marked charac-
ter occurred. He went there with impressions not unfa-
vourable to France,* though it seems he indulged suspicions
that she had obtained unfair advantages in the treaty ;f
and awake to the dangers of foreign interference, he early
expressed his apprehension, " lestJ Americans should avail
themselves of the aid of the French influence, to raise
their reputation, extend their influence to strengthen their
parties, and to promote the purposes of private interest
and ambition. "? Confidence in his independence by one
? " It is a rock" (the alliance) " upon which we may safely build. Narrow
and illiberal prejudices, peculiar to John Bull, with which I might perhaps
have been in some degree infected when I was John Bull, have now no in-
fluence over me. I never was, however, much of a John Bull; I was John
Yankee; and such I shall live and die. "--4 D. C. 261.
t 4 D. C. 2. 75. t Ibid. 282.
? In a despatch to congress, Adams, in speaking of Markow, the minister
of Russia at the Hague, mentions--" His behaviour to me is a distant bow, an
affected smile sometimes, and now and then a ' comment vous portez vous? '
One evening at court, when the northern epidemy was here, he put me this
question after supper, in great apparent good-humour. Terriblement affligl
de Vinfiuenca, said I. "Cest en Angleterre," says he, laughing, " qu'on a
donni ce nom, et ilne feroit point du mal, si vous voudriez vous laisser gag.
ner un pen par Finfluence de VAngleterre. " I had at my tongue's end to
answer--" Pest assez d'Stre tourmenU de Finfluence qui vient de Rustic! . '"
but I reflected very suddenly, if he is indiscreet, I will not be ; so I contented
myself to answer, "Jamais, monsieur, jamais. "--6 D. C. 391.
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? HAMILTON.
party, and fear of his local influence by the other, proba-
bly induced his last appointment.
On his second arrival at Paris* he announced his mission
to Vergennes, assuring him of his intention to take no
steps without consulting him, and asked his advice as to
the policy of communicating his powers to England. The
answer expressed an opinion," that it would be prudent to
conceal his eventual character; and above all, to take the
necessary precautions that the object of his commission
may remain unknown to the court of London. "f
This opinion Adams disapproved. He wrote to con-
gress,{ "that it was a delicacy not perfectly consonant to
his manner of thinking; and that if he had followed his
own judgment he would have pursued a bolder plan, by
immediately communicating his full powers. " A decent
intercourse with the French ministry was, nevertheless,
preserved; and in his letters to them he still expressed his
sense of the importance of the alliance, avowing his opin-
ion, " that the commercial interests of England and Ame-
rica will forever hereafter be incompatible. "?
After a long interval, Adams again apprised Vergennes
at large of the reasons which prompted him to open his
commission to England. The French minister transmitted
an elaborate reply, stating his intention that it should be
communicated by the French envoy to the members of
congress, under the persuasion "that that assembly will
think the opinion of the minister of France worthy some
attention, and that they will not be afraid of neglecting or
betraying the interests of the United States by adopting
it as a rule of their conduct. " In this reply he avowed as
an objection to any overture by Adams, "that it is neces-
sary, first of all, to obtain from England an acknowledg-
? February 12, 1780. t 4 D. C. 364. X 4 D. C. 445.
? 5 D. C. p. 104.
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THE LIFE OF
ment of the independence of America, and that such ac-
knowledgment must serve as a foundation for a treaty of
peace :"* well knowing that such an acknowledgment
would not be granted, but that a treaty with the United
States as an independent power would obviate all difficul-
ty. The answer of Adams contained the important sug-
gestion, that though such an overture should not be fol-
lowed by a treaty, it would operate beneficially by its
effect on the popularity of the English minister.
Vergennes had, in the interval, apprised him of the sail-
ing of the armament under De Ternay and Rochambeau.
This communication was acknowledged with thanks. It
was again adverted to by Adams in a subsequent letter,
and a reinforcement from the West Indies was suggested.
The tone of this letter gave great umbrage to Vergennes,
whose reply announced, "that Franklin being the only
person accredited to France, that with him only he ought
and could treat. "f This state of things rendering a longer
residence in Paris unpleasant, Adams passed on to Amster-
dam.
Copies of this correspondence were sent by Vergennes
to Franklin, with directions to transmit them to congress.
He enclosed them in a letter commenting on the course
of Adams, stating, "thatJ he thinks, as he tells me, that
America has been too free in expressions of gratitude to
France; for that she is more obliged to us than we are to
her, and that we should show spirit in our applications. "
Despatches from Jay were received late in the year.
They represented that all the letters which were addressed
to him were opened, that the assurances of aid were not
fulfilled, and expressed a strong suspicion that it was the
policy of France? so to manage, that the United States
? 5 D. C. 287. t 5 D. C. 305. --July 27,1780. t 3 D. C. 164.
? Novembers, 1780. --Jay writes to Gouverneur Morris: "The French
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? HAMILTON. 95
and Spain should be debtors to her for any concession
either nation should make to the other. * i
On the fourth of Octoberf congress acted upon this
letter, and upon certain instructions from Virginia. They
resolved unanimously to insist upon the right of the Uni-
ted States to the navigation of the Mississippi, into and
from the sea; to require a free port at its outlet, if the un-
limited freedom of its navigation could not be had below
their southern limits; and "to adhere strictly to the bounda-
ries as already fixed by them. "
Instructions;]: to this effect were sent to Jay, with a
statement drawn up by Madison, enforcing at length the
claims of the United States to all the territory east of that
river, insisting that, as it was embraced within the charters
of particular states, it could not be relinquished by con-
gress without embarrassment, and vindicating their right
to the navigation of that river to the ocean.
No progress was made in the negotiations at Madrid;
every effort to obtain aid was unsuccessful; every approach
to a direct engagement was met with a frivolous pretext.
No support was obtained from the resident minister of
France at that court, and a formal annunciation was made
to Jay, that no money was to be expected, " and that that
which would have facilitated a far-advanced negotiation,
was likely to produce no effect, in a great measure through
the undermining of some persons of rank in France. "^
Relying on the assurances of Spain, large drafts had
been accepted, and strong representations were made to
induce her to pay them. They failed, and the American
envoy was at the same time told that the navigation of the
Mississippi would never be relinquished. ||
ambassador here has excellent intelligence from your city. I know but little
of what passes among you. "--Jay's Life, vol. 1, p. 114.
* 7 D. C. 218, 220. 11780. 12 S. J. 326. ? 7 D. C. 363.
| 7 D. C. 369
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Thus far, the foreign policy of the United States had
been directed by a spirit in congress worthy their cause
and their prospective greatness.
Though their seaboard was harassed, their cities cap-
tured, their interior ravaged by a double foe, the same
constancy which had repelled with hasty levies of militia
the advances of well-appointed armies, was yet manifested
by the states north of the Potomac. No impression had
been made on the mind of their people.
Defeated in her efforts to subdue these states, England
resolved to direct her arms against the south. Charles-
ton fell; and though Marion and Clarke, with the hardy
inhabitants of the upper country, were yet formidable,
Camden witnessed the incapacity and the retreat of Gates.
Georgia is seen in vain imploring succour, and Jefferson
was trembling for Virginia.
This was the moment chosen by the ministry of France
to press interests other than those of the United States.
They had recently concluded a treaty with Spain, who
had refused to join the alliance without the guarantee
of an exclusive right to the navigation of the Mississippi
and to the region west of the Alleghanies. Their partisans
in congress had increased in number. The delegates from
Georgia and South Carolina were yielding to the appre-
hensions they had excited, and it only required the con-
currence of Virginia to attain their object.
Among the members from New-England and New-
York, there was not one at this time of eminent ability.
Gouverneur Morris, after the passage of the instructions
which he had framed, retired from congress, and early in
this year Madison had taken his seat in that body. Put
forward and sustained by Jefferson and Edmund Ran-
dolph, with whom he was in close correspondence, and
representing Virginia, he became the leader of the southern
vote, with the exception of that of his colleague, Bland. .
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? n A. M I L T O N.
97
Strong as the disposition may have been to gratify the
wishes of France in other respects, the navigation of the
Mississippi was too important to Virginia to be safely
relinquished by any of her public men. But at this mo-
ment an event happened, which enabled France to accom-
plish one of the favourite objects of her European ally.
Early in October intelligence was received of a con-
templated embarcation from New-York, and on the twen-
ty-fifth of that month, Portsmouth was in possession of
the British,* who left the Chesapeake at the end of No-
vember.
On the ninth of December, Washington announced to
Jefferson, then Governor of Virginia, that a second em-
barcation " of a body of refugees," was about taking place
at New-York, supposed to be destined for the south.
A part of their force was dispersed in a storm; the residue,
nine hundred strong, arrived in the Chesapeake on the
thirtieth of that month, whence they proceeded up the
James river, under a convoy.
The news of their approach reached Richmond the
following day; where, notwithstanding the previous no-
tice, only two hundred militia had been embodied. Even
this force, posted on the succession of strong and wooded
hills which, separated by obstructing creeks, there pierce
the river, might have repulsed the enemy, flanked with
only thirty cavalry, and without a single piece of artillery.
But no resistance was offered--not a gun was fired--not
a life was lost. The governor and legislature fled before
the traitor Arnold. On the fifth of January, he took pos-
session of Richmond, seized a part of the archives, burnt
the magazines, and retired unmolested.
Jefferson then returned to his undefended capital. A
motion was made for his impeachment at the next session
>> Jefferson's Works, vol. 1, 188.
13
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THE LIFE OF
of the legislature. He declined a re-election as governor,
while the motion was pending, and while the enemy were
yet in possession of a part of the state. At the time his
conduct was a subject of inquiry, a party under Tarleton
approached. The governor, and the legislature then sit-
ting at Charlottesville, again fled far into the interior; and
in the succeeding winter, at the instanpe of a mutual friend,
the impeachment was withdrawn; and the house, softened
by his submission, relieved from his government by the
election of General Nelson, a man of courage, and from
future apprehension by the capture of Yorktown, passed
a healing vote of approbation. * f
On the very day J that the legislature abandoned Rich-
mond, a resolution was adopted in relation to the Missis-
sippi. It was enclosed to congress by Jefferson, at that
time in correspondence with Marbois, the French secre-
tary of legation, at whose instance he was embodying his
"Notes upon Virginia. " By this resolution, after ceding
"her lands northwest of the Ohio, to be formed into re-
publican states and sold as a common fund for the use of
the union"--a cession which she had refused, and which it
has been seen by her subsequent protest, and requiring a
guarantee, she for a long time rendered of no effect--Vir-
ginia resolved, "that the navigation of the-Mississippi
? 4 Marshall's Washington, 387 1 Jefferson's Works, 200: Lee's obser-
vations on do. , 119, 140.
t In a defence of Jefferson, published in Virginia, September 19, 1800, it
is stated, that a committee was appointed on the 26th November, 1781, to
state any charges and receive such information as may be offered respecting
the administration of the late executive. On the day appointed for the in-
quiry, Jefferson took his seat as one of the delegates. The member who
moved the investigation absented himself, and the committee reported, "no
information being offered on the subject matter except rumours," their opin-
ion that those rumours were groundless; and passed a resolution " to obviate
all future, and remove all former, unmerited censure. "
t January 2d, 1781.
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THE LIFE OF
controversy against a nation in whose constitution and
morals those principles had their source.
As early as September, seventeen hundred and seventy-
five, measures were under consideration for obtaining
foreign succour; and for that purpose, a committee of se-
cret correspondence was appointed, of which Benjamin
. Franklin was chairman.
This committee selected Arthur Lee, of Virginia, the
agent of the colony of Massachusetts, then residing in
London, as the medium of communication. He disclosed
his commission to the envoy of France, who immediately
apprised his government. The dissensions in the Ameri-
can colonies had early presented themselves to the court
of Versailles, as an opportunity to weaken her powerful
neighbour; and scruples as to the violation of a subsisting
treaty were overcome by the strong motive of a supposed
national interest. Uncertain as to the issue of the contro-
versy, France, it has been observed, adopted the policy of
granting secret aids--aids so limited, as to indicate a dispo-
sition rather to foster an embarrassing quarrel, than to
assist in founding an empire. But the same foresight
which prompted congress in July, seventeen hundred and
seventy-six, to declare the independence of the United
States, anticipated its recognition by France as one of the
certain consequences of that measure; and in the same
month a plan of treaty with that power was framed. It
was acted upon in the ensuing September, and Franklin,
Deane, and Lee, were elected commissioners to represent
their country at Versailles.
This plan provided, that each nation should commerce
with the other on the footing of " natives;" for the mutual
protection of this commerce, with the exception of certain
articles enumerated as contraband; for the retention by
France of her existing fisheries, with a stipulation that
neither party should interfere with the fishing-grounds of
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? HAMILTON.
83
the other, on pain of confiscation. It further provided,
that France should not under any pretence possess her-
self of any of the territories then or lately under the do-
minion of Great Britain, on or near the North American
continent, it being the declared intention of the United
States to have the sole and exclusive possession of them.
It secured access, on the same terms with France, to such
of the British West Indies as she might capture; gave
permission of free access, by the men-of-war and priva-
teers of either party, to the ports of the other, excluding
from them any captures from either nation by an enemy;
with the right also of unmolested trade by either party
from its own to the ports of an enemy of the other, or
from one of that enemy's ports to another. It also pro-
vided for an exemption from duty, in the French islands,
on molasses shipped to the United States, and that the
duties on articles in those islands, when sent there, should
not exceed the lowest duties upon the same articles when
shipped to France.
The instructions which accompanied this plan, authorized
the substitution of a commerce on the footing " of the most
favoured nation" if France objected to that of "natives;"
a waiver of other of the proposed articles upon certain con-
tingencies; and urged a public acknowledgment by France
of the independence of the United States, with assurances
to Spain not to interfere with her colonial dependencies.
Additional instructions were subsequently given, to take
measures to prevent the employment by England of fo-
reign mercenaries, offering an entire exclusion of her from
the American fisheries, with a participation in them to
France, and an assurance of aid in the reduction of the
British "West Indies, then to belong to France, as induce-
ments to obtain a declaration of war. The same commis-
sioners were instructed to negotiate a treaty of commerce
and alliance with Spain; for which purpose they were di-
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THE LIFE OF
rected to promise aid in the reduction of Pensacola, with
an express reservation to the United States of the use of
its harbour, and of the free navigation of the Mississippi.
Measures were also taken to form treaties with Prussia,
Austria, and Tuscany.
These propositions were coldly received by France.
The issue of the last war with Great Britain, while it
stimulated to revenge, inspired caution. But the difficulty
of concealing her co-operation increased; and when the
surrender of Burgoyne and the onset at Germantown
gave evidence of the vigour and resources of America,
she resolved to throw off the mask. An interview was
held with the American commissioners: the terms of the
proposed treaty were considered; and after an interval,
during which an answer was received from Spain refusing
to unite in the measure, a treaty of amity and commerce
was concluded with the United States, on the sixth of Feb-
ruary, seventeen hundred and seventy-eight.
By this treaty, each party was placed on the footing of
"the most favoured nation. " Similar stipulations for mu-
tual protection and facility of intercourse, were made with
those in the original plan; an article was added, granting
to each nation the liberty of maintaining in the ports of
the other a consular establishment, to be regulated in its
functions by a convention; and another, by which France
promised to grant one or more free ports in Europe, and
to continue the free ports which had been, or were then,
open in the West Indies. The article as to molasses was
objected to, but ultimately permitted to remain on the grant
as an equivalent, that all merchandise shipped directly from
the United States to the sugar-producing islands, should be
free of duty ;* that excluding France from possessing
* The American commissioners were Franklin, Deane, and Lee. Lee at
first declined to sign, from an objection to that article of the commercial
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? HAMILTON. 85
herself of any of the territories or islands then or lately
under the dominion of Great Britain on or near the North
American continent, was dissented from and abandoned.
A treaty of alliance, eventual and defensive, was also
formed. It provided, that common cause should be made
if war should break out between France and Great Britain
during the continuance of the war between her and North
America. It declared that the essential and direct end
of this alliance was the liberty and independence of the
United States, both in government and commerce; that
acquisitions by the United States in the northern parts of
America, or of the Bermudas, should belong to them, and
renounced, on the part of France, the possession of those
islands and of all the North American territory previously
or then belonging to Great Britain or to the United States.
All British islands situated in or near the Gulf of Mexico,
if captured by France, were to appertain to her.
An article was inserted, at the instance of the American
commissioners, that no peace or truce was to be concluded
with Great Britain by either party without the formal
consent of the other; and a mutual engagement was made,
treaty which had been inserted as an equivalent for the exemption of molas-
ses, an objection which had been approved by Ralph Izard, the commissioner
to Tuscany. Franklin did not attach much importance to this exception,
but with a view to unanimity, asked of the French court an omission of
these articles. France, although she had expressed an indifference as to
their introduction, insisted on retaining them, and they were inserted.
The views of Lee were approved by congress, and on the ratification of the
treaty, these articles were rejected by an almost unanimous vote, and subse-
quently expunged.
The objections were, that by this article, "the French might lay what
duty they pleased on their European exports, and upon sugar, coffee, and
other productions of their islands, without any check. For if, in consequence
of any such duty imposed by them, a duty were to be laid by America on
any of her exports to France, the French vessels would have nothing to do
but to clear out for the West Indies, and sail directly for Europe, or touch
first at one of their islands. "
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THE LIFE OF
"not to lay down their arms until the independence of the
United States shall have been formally or tacitly assured
by treaty. " It excluded all claim of compensation on
either side, and contained a mutual guarantee against all
other powers from its date forever--on the part of the
United States to France, of her present possessions in
America, or those she might acquire by a future treaty of
peace; and on the part of France to the United States,
of their liberty, and independence of government and
commerce, and all their possessions, and the conquests
they should have made from Great Britain during the ex-
isting war, as the same " shall be affixed at the moment of
its cessation. "
To define more explicitly the sense of this guarantee, it
was declared, that in case of a rupture between France
and England, it was to take effect from the moment of
that occurrence. If such rupture did not occur, then it
was not to take effect "until the cessation of the war be-
tween the United States and England shall have ascer-
tained their possessions. "
A separate and secret article was added, by which Spain
was entitled to accede to these treaties and participate in
these stipulations at such time as she should judge proper,
with an engagement to admit such alterations, analogous to
the aim of the alliance, as Spain or the United States may
propose, and shall be deemed conformable with recipro-
city. This treaty, containing such important provisions,
was framed by France without having been anticipated by
the United States, was presented to the American com-
missioners, the first time on the eighteenth, was assented
to on the twenty-seventh of January, and signed on the
sixth of February, simultaneously with the treaty of com-
merce.
These compacts have been eulogized as evidences of the
magnanimity of France, and have been pronounced more
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? HAMILTON.
87
beneficial to the United States than to their ally. The
only adequate motives that can be ascribed to France for
making them were, to abridge the power of a rival, to en-
large her commercial relations with a new and growing
country, and to secure permanently her American posses-
sions. The first result she anticipated from a contest in
which she knew the United States must prevail; as to the
second, although she was too wise to excite jealousy by
very unequal terms, she secured to herself forever the ad-
vantage of a trade, on the privileges of "the most favored
nation," with a young, growing, and extensive empire, with-
out giving any essential commercial equivalents. But the
third, although it appeared to be a measure of reciprocity,
was largely in her favour. She guarantied to the United
States their sovereignty and independence; as an equiva-
lent for which, they guarantied her West India possessions.
Whenever the independence of the United States should be
obtained, as it was not within the calculation of probabili-
ties that it would ever again be at hazard, the guarantee
of France would be nominal, while that of the French
islands would be operative in every maritime war in
which France might be engaged, would be an effectual
protection of them by means of the future power of this
republic, and might involve it in controversies in which it
had not only no mutual, but, perhaps, an opposite interest.
Upon the conclusion of this treaty, Gerard was ap-
pointed minister plenipotentiary to the United States,
where he arrived in the month of July. Silas Deane was
recalled, John Adams substituted for him, and Franklin
commissioned to the French court, but with instructions not
to enter into any stipulation without the previous consent of
America. * The mission of Gerard was not disclosed by
* It ib stated that in a conference between Gouverncur Morris and Gerard,
in relation to the instructions to be given to Franklin, "one important fea-
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THE LIFE OF
his joint commissioners to Lee, who addressed a letter to
Franklin expressing in strong terms his indignation at this
concealment, and charging upon him circumstances to show
a studied design to mislead him. To this letter no reply
has been found; the concealment has been excused on the
ground of an injunction of secrecy by the minister of
France. These dissensions were censured by congress,
and a motion to recall Franklin was rejected by the votes
of ten states. * Within a few days after, Lee communi-
cated to Vergennes that Hartley, an English member of
parliament, was endeavouring to insinuate distrusts of the
conduct of France; and that agents for a similar purpose
had been despatched to the United States. Lee's hesita-
tion as to the treaty had given displeasure, and this letter
was answered by a sharp and insulting reply. f
The agents mentioned by Lee arrived in the United
States and attempted to open a negotiation, but congress
refused all correspondence with them, unless preceded by
an acknowledgment of their independence, or the with-
drawal of their fleets and armies. A fruitless attempt
was also made to treat separately with Franklin. Appre-
hensive that these experiments on the good faith of Ame-
rica might succeed, the French ambassador declared that
it had been pretended that the United States had reserved
tare was struck out at the suggestion of Gerard. " It was a direction to
Franklin to urge France to send an increased naval force to aid in driving
the British from the seaports. This was objected to by Gerard, on the
grounds that it was not feasible, nor would be advantageous. The project
for attacking Canada was wisely discountenanced. What the motives of
France were, is not known ; perhaps not too much to aggrandize the United
States; as, if conquered, it was guarantied to them, and probably with the
ulterior view of obtaining it herself, at the termination of the war, as the re.
storation of an ancient possession. Other motives have been assigned. --
Life of Gouverneur Morris, vol. 1, 189.
* McKean's letter as to this, p. 177, vol. 2, R. H. Lee's Life.
t 1778. --2 D. C. 145, 157.
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? HAMILTON.
89
the liberty of treating with Great Britain separately from
their ally, as long as Great Britain shall not have declared
war against his master; which was met by an explicit as-
surance, that the United States would not conclude a
peace or truce with the common enemy, without the for-
mal consent of their ally; and that any insinuations or
assertions to the contrary, tended to their injury and dis-
honour.
Several months having elapsed since the signature of
the treaty which gave to Spain the right of acceding to the
alliance, Lee, who had been at an early period commis-
sioned to open a negotiation with that court, proposed it
to Vergennes. His reply stated, that he would "act pru-
dently in suspending the measures, with a view of ascer-
taining its principles and resolutions with regard to Ame-
rica. " This answer was transmitted to the United States,
and about the time it was received, Gerard announced to
congress that Spain had resolved to make a final offer of
mediation, and urged the immediate appointment of a
minister to Madrid to assist in the deliberations, and to
conclude a treaty. The important question as to the ulti-
mata to govern a treaty with Great Britain, was now con-
sidered by congress. *
It was proposed, as a preliminary to all negotiation, that
the independence of the United States should be acknow-
ledged. The boundaries were defined nearly as they were
subsequently established by the definitive treaty. The
country was to be evacuated by the British forces, and the
free navigation of the Mississippi as low as the southern
limits of the United States, and a free commerce (except-
ing enumerated articles) to some port or ports near its
mouth, were to be insisted upon. Conditional articles re-
lating to the British North American possessions--the
February 23, 1779. --2 S. J. 228.
12
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? ! )()
THE LIFE OF
Bermudas and Floridas--with a stipulation that the United
States should not trade to the East Indies, or engage in
the slave trade, were also proposed, but were set aside.
The debate upon these terms, in which the fisheries
were the prominent topic, was protracted until July; du-
ring its progress, repeated communications were made by
the envoy of France. On the twenty-second of May,
seventeen hundred and seventy-nine, congress were re-
minded of the determination of France to continue the
war until independence shall have been formally or tacitly
acknowledged--that she was only bound by her treaty,
and that as to the possessions to be insisted upon--that
her engagements were conditional, and that the obliga-
tions did not commence until they were fixed by the ces-
sation of the war; and a caution was given against " far-
fetched inductions, subject to discussion and contradiction,
tending to alter the fundamental system of the alliance. "
This was followed by a second urgent memorial on the
importance of the mediation of Spain, and of a decision
upon the terms. On the twelfth of July a conference
was had, in which Gerard stated "that the court of Lon-
don, showing on one side dispositions to a reconciliation
with France, rejected, on the other, a formal explicit ac-
knowledgment of independence, which France persevered
to hold up as a preliminary and essential condition. " He
reminded congress, that Holland had only obtained a tacit
acknowledgment of independence after a war of thirty,
and an explicit one after a resistance of seventy years; and
that to that day, Genoa and the Swiss cantons had obtain-
ed no renunciation or acknowledgment, either tacit or
formal, from their former sovereigns; but that they enjoy
their sovereignty and independence only under the gua-
rantee of France.
This was pronounced a difficulty "merely in words"
and it was suggested "that instructions upon particular
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? HAMILTON.
01
conditions" might frustrate the purpose of the treaty, (of
a tacit acknowledgment;) and the necessity, by the adop-
tion of "just and moderate terms" towards England, of
enabling Spain to bring her mediation to an issue, was en-
forced. Congress were also reminded, that "proper terms"
should be offered to his catholic majesty, in order to re-
concile him perfectly to the American interest, and lest he
should "drop the mediation. "
To obviate these difficulties, a commission with full
powers based on the treaty with France was proposed.
Congress resumed the consideration of their ultimata:
after much debate, a division was taken on an amendment
admitting that independence might be "tacitly assured"
and it was negatived. As to the fisheries, it was decided
that the guarantee of them should not be an ultimatum,
but that in any treaty of commerce with Great Britain,
that right " should in no case be given up. " The instruc-
tions were, that" in all other matters you are to govern
yourselves by your own discretion, as shall be most for the
interest of these states, taking care that the treaty be
founded on principles of equality and reciprocity, so as to
conduce to the mutual advantage of both nations, but not
to the exclusion of others. "*
As this negotiation was to be conducted under the me-
diation of Spain, the terms of a treaty with that power
were also discussed. Congress, anxious to obtain a subsidy,
aware of her desire to repossess the Floridas, and doubtful
of the extent of the treaty of alliance with France on this
point, agreed to guaranty them to Spain if conquered from
Great Britain, but insisted upon the free navigation of the
Mississippi into and from the ocean. A motion to authorize
a relinquishment of this essential right, on condition of the
grant of a free port or ports below the boundary of the
? 2S. J. 231. --July 31, 1779.
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THE LIFE OF
United States, if that right should be found an insuperable
obstacle to a treaty, was rejected.
These instructions being adopted, they proceeded to the
choice of a minister to Spain. Jay was elected.
In the prospect of a successful issue to this mediation,
John Adams, who had returned to the United States, was
at the same time appointed envoy to Great Britain, and
Henry Laurens to the United Provinces. Jay proceeded
to Spain, Adams to Paris.
In the early part of the sojourn of Adams at Paris,
during his first mission, nothing of a very marked charac-
ter occurred. He went there with impressions not unfa-
vourable to France,* though it seems he indulged suspicions
that she had obtained unfair advantages in the treaty ;f
and awake to the dangers of foreign interference, he early
expressed his apprehension, " lestJ Americans should avail
themselves of the aid of the French influence, to raise
their reputation, extend their influence to strengthen their
parties, and to promote the purposes of private interest
and ambition. "? Confidence in his independence by one
? " It is a rock" (the alliance) " upon which we may safely build. Narrow
and illiberal prejudices, peculiar to John Bull, with which I might perhaps
have been in some degree infected when I was John Bull, have now no in-
fluence over me. I never was, however, much of a John Bull; I was John
Yankee; and such I shall live and die. "--4 D. C. 261.
t 4 D. C. 2. 75. t Ibid. 282.
? In a despatch to congress, Adams, in speaking of Markow, the minister
of Russia at the Hague, mentions--" His behaviour to me is a distant bow, an
affected smile sometimes, and now and then a ' comment vous portez vous? '
One evening at court, when the northern epidemy was here, he put me this
question after supper, in great apparent good-humour. Terriblement affligl
de Vinfiuenca, said I. "Cest en Angleterre," says he, laughing, " qu'on a
donni ce nom, et ilne feroit point du mal, si vous voudriez vous laisser gag.
ner un pen par Finfluence de VAngleterre. " I had at my tongue's end to
answer--" Pest assez d'Stre tourmenU de Finfluence qui vient de Rustic! . '"
but I reflected very suddenly, if he is indiscreet, I will not be ; so I contented
myself to answer, "Jamais, monsieur, jamais. "--6 D. C. 391.
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? HAMILTON.
party, and fear of his local influence by the other, proba-
bly induced his last appointment.
On his second arrival at Paris* he announced his mission
to Vergennes, assuring him of his intention to take no
steps without consulting him, and asked his advice as to
the policy of communicating his powers to England. The
answer expressed an opinion," that it would be prudent to
conceal his eventual character; and above all, to take the
necessary precautions that the object of his commission
may remain unknown to the court of London. "f
This opinion Adams disapproved. He wrote to con-
gress,{ "that it was a delicacy not perfectly consonant to
his manner of thinking; and that if he had followed his
own judgment he would have pursued a bolder plan, by
immediately communicating his full powers. " A decent
intercourse with the French ministry was, nevertheless,
preserved; and in his letters to them he still expressed his
sense of the importance of the alliance, avowing his opin-
ion, " that the commercial interests of England and Ame-
rica will forever hereafter be incompatible. "?
After a long interval, Adams again apprised Vergennes
at large of the reasons which prompted him to open his
commission to England. The French minister transmitted
an elaborate reply, stating his intention that it should be
communicated by the French envoy to the members of
congress, under the persuasion "that that assembly will
think the opinion of the minister of France worthy some
attention, and that they will not be afraid of neglecting or
betraying the interests of the United States by adopting
it as a rule of their conduct. " In this reply he avowed as
an objection to any overture by Adams, "that it is neces-
sary, first of all, to obtain from England an acknowledg-
? February 12, 1780. t 4 D. C. 364. X 4 D. C. 445.
? 5 D. C. p. 104.
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? 94
THE LIFE OF
ment of the independence of America, and that such ac-
knowledgment must serve as a foundation for a treaty of
peace :"* well knowing that such an acknowledgment
would not be granted, but that a treaty with the United
States as an independent power would obviate all difficul-
ty. The answer of Adams contained the important sug-
gestion, that though such an overture should not be fol-
lowed by a treaty, it would operate beneficially by its
effect on the popularity of the English minister.
Vergennes had, in the interval, apprised him of the sail-
ing of the armament under De Ternay and Rochambeau.
This communication was acknowledged with thanks. It
was again adverted to by Adams in a subsequent letter,
and a reinforcement from the West Indies was suggested.
The tone of this letter gave great umbrage to Vergennes,
whose reply announced, "that Franklin being the only
person accredited to France, that with him only he ought
and could treat. "f This state of things rendering a longer
residence in Paris unpleasant, Adams passed on to Amster-
dam.
Copies of this correspondence were sent by Vergennes
to Franklin, with directions to transmit them to congress.
He enclosed them in a letter commenting on the course
of Adams, stating, "thatJ he thinks, as he tells me, that
America has been too free in expressions of gratitude to
France; for that she is more obliged to us than we are to
her, and that we should show spirit in our applications. "
Despatches from Jay were received late in the year.
They represented that all the letters which were addressed
to him were opened, that the assurances of aid were not
fulfilled, and expressed a strong suspicion that it was the
policy of France? so to manage, that the United States
? 5 D. C. 287. t 5 D. C. 305. --July 27,1780. t 3 D. C. 164.
? Novembers, 1780. --Jay writes to Gouverneur Morris: "The French
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? HAMILTON. 95
and Spain should be debtors to her for any concession
either nation should make to the other. * i
On the fourth of Octoberf congress acted upon this
letter, and upon certain instructions from Virginia. They
resolved unanimously to insist upon the right of the Uni-
ted States to the navigation of the Mississippi, into and
from the sea; to require a free port at its outlet, if the un-
limited freedom of its navigation could not be had below
their southern limits; and "to adhere strictly to the bounda-
ries as already fixed by them. "
Instructions;]: to this effect were sent to Jay, with a
statement drawn up by Madison, enforcing at length the
claims of the United States to all the territory east of that
river, insisting that, as it was embraced within the charters
of particular states, it could not be relinquished by con-
gress without embarrassment, and vindicating their right
to the navigation of that river to the ocean.
No progress was made in the negotiations at Madrid;
every effort to obtain aid was unsuccessful; every approach
to a direct engagement was met with a frivolous pretext.
No support was obtained from the resident minister of
France at that court, and a formal annunciation was made
to Jay, that no money was to be expected, " and that that
which would have facilitated a far-advanced negotiation,
was likely to produce no effect, in a great measure through
the undermining of some persons of rank in France. "^
Relying on the assurances of Spain, large drafts had
been accepted, and strong representations were made to
induce her to pay them. They failed, and the American
envoy was at the same time told that the navigation of the
Mississippi would never be relinquished. ||
ambassador here has excellent intelligence from your city. I know but little
of what passes among you. "--Jay's Life, vol. 1, p. 114.
* 7 D. C. 218, 220. 11780. 12 S. J. 326. ? 7 D. C. 363.
| 7 D. C. 369
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THE LIFE OF
Thus far, the foreign policy of the United States had
been directed by a spirit in congress worthy their cause
and their prospective greatness.
Though their seaboard was harassed, their cities cap-
tured, their interior ravaged by a double foe, the same
constancy which had repelled with hasty levies of militia
the advances of well-appointed armies, was yet manifested
by the states north of the Potomac. No impression had
been made on the mind of their people.
Defeated in her efforts to subdue these states, England
resolved to direct her arms against the south. Charles-
ton fell; and though Marion and Clarke, with the hardy
inhabitants of the upper country, were yet formidable,
Camden witnessed the incapacity and the retreat of Gates.
Georgia is seen in vain imploring succour, and Jefferson
was trembling for Virginia.
This was the moment chosen by the ministry of France
to press interests other than those of the United States.
They had recently concluded a treaty with Spain, who
had refused to join the alliance without the guarantee
of an exclusive right to the navigation of the Mississippi
and to the region west of the Alleghanies. Their partisans
in congress had increased in number. The delegates from
Georgia and South Carolina were yielding to the appre-
hensions they had excited, and it only required the con-
currence of Virginia to attain their object.
Among the members from New-England and New-
York, there was not one at this time of eminent ability.
Gouverneur Morris, after the passage of the instructions
which he had framed, retired from congress, and early in
this year Madison had taken his seat in that body. Put
forward and sustained by Jefferson and Edmund Ran-
dolph, with whom he was in close correspondence, and
representing Virginia, he became the leader of the southern
vote, with the exception of that of his colleague, Bland. .
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? n A. M I L T O N.
97
Strong as the disposition may have been to gratify the
wishes of France in other respects, the navigation of the
Mississippi was too important to Virginia to be safely
relinquished by any of her public men. But at this mo-
ment an event happened, which enabled France to accom-
plish one of the favourite objects of her European ally.
Early in October intelligence was received of a con-
templated embarcation from New-York, and on the twen-
ty-fifth of that month, Portsmouth was in possession of
the British,* who left the Chesapeake at the end of No-
vember.
On the ninth of December, Washington announced to
Jefferson, then Governor of Virginia, that a second em-
barcation " of a body of refugees," was about taking place
at New-York, supposed to be destined for the south.
A part of their force was dispersed in a storm; the residue,
nine hundred strong, arrived in the Chesapeake on the
thirtieth of that month, whence they proceeded up the
James river, under a convoy.
The news of their approach reached Richmond the
following day; where, notwithstanding the previous no-
tice, only two hundred militia had been embodied. Even
this force, posted on the succession of strong and wooded
hills which, separated by obstructing creeks, there pierce
the river, might have repulsed the enemy, flanked with
only thirty cavalry, and without a single piece of artillery.
But no resistance was offered--not a gun was fired--not
a life was lost. The governor and legislature fled before
the traitor Arnold. On the fifth of January, he took pos-
session of Richmond, seized a part of the archives, burnt
the magazines, and retired unmolested.
Jefferson then returned to his undefended capital. A
motion was made for his impeachment at the next session
>> Jefferson's Works, vol. 1, 188.
13
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? 08
THE LIFE OF
of the legislature. He declined a re-election as governor,
while the motion was pending, and while the enemy were
yet in possession of a part of the state. At the time his
conduct was a subject of inquiry, a party under Tarleton
approached. The governor, and the legislature then sit-
ting at Charlottesville, again fled far into the interior; and
in the succeeding winter, at the instanpe of a mutual friend,
the impeachment was withdrawn; and the house, softened
by his submission, relieved from his government by the
election of General Nelson, a man of courage, and from
future apprehension by the capture of Yorktown, passed
a healing vote of approbation. * f
On the very day J that the legislature abandoned Rich-
mond, a resolution was adopted in relation to the Missis-
sippi. It was enclosed to congress by Jefferson, at that
time in correspondence with Marbois, the French secre-
tary of legation, at whose instance he was embodying his
"Notes upon Virginia. " By this resolution, after ceding
"her lands northwest of the Ohio, to be formed into re-
publican states and sold as a common fund for the use of
the union"--a cession which she had refused, and which it
has been seen by her subsequent protest, and requiring a
guarantee, she for a long time rendered of no effect--Vir-
ginia resolved, "that the navigation of the-Mississippi
? 4 Marshall's Washington, 387 1 Jefferson's Works, 200: Lee's obser-
vations on do. , 119, 140.
t In a defence of Jefferson, published in Virginia, September 19, 1800, it
is stated, that a committee was appointed on the 26th November, 1781, to
state any charges and receive such information as may be offered respecting
the administration of the late executive. On the day appointed for the in-
quiry, Jefferson took his seat as one of the delegates. The member who
moved the investigation absented himself, and the committee reported, "no
information being offered on the subject matter except rumours," their opin-
ion that those rumours were groundless; and passed a resolution " to obviate
all future, and remove all former, unmerited censure. "
t January 2d, 1781.
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