J He saw that the
capture of Yqrktown had placed England and the United
States in a position which must result in peace.
capture of Yqrktown had placed England and the United
States in a position which must result in peace.
Hamilton - 1834 - Life on Hamilton - v2
* 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.
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 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'
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 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.
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 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. "
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 124
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.
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 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.
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 126 THE LIFE OF
up. Fox and his friends, who had advised the preliminary
acknowledgment of independence, resigned, and Lord
Shelburne, who, in conformity with the feelings of the
king, had opposed it, took the first place in the cabinet.
Acting upon his previous policy, Shelburne declared in the
house of lords, " that whenever parliament should acknow-
ledge the independence of America, the sun of England's
glory was set' forever. "
As this acknowledgment became the vital question in
the negotiation, it is necessary to advert to previous cir-
cumstances. It has been seen that Franklin had not con-
sidered this as a preliminary to be insisted upon, acting
in obedience to the instructions of the fifteenth of June,
seventeen hundred and eighty-one, dictated by France.
When those instructions were received by him, in his let-
ter to the president of congress, after stating* "the satis-
faction of Vergennes with the unreserved confidence in
his court," and his assurance that it would not be abused,
he observed, " that I cannot but think the confidence well
and judiciously placed, and that it will have happy effects. "
A not less decided approval of this commission was
expressed by Adams; he accepted it with satisfaction, de-
claring that he thought " it a measure essentially right;
that it was a demonstration of greater respect to the
powers of Europe, and must be more satisfactory to the
people of America than any former one. "f
What his actual opinions as to France were, it is not
easy to judge. He declared " that France was the natu-
ral friend of the United States, America the natural friend
of France; that England was the natural enemy of France,
and therefore of the United States. "J But he also stated,
"that to form immediate commercial connections with that
? 3 D. C. 236.
+ 6 D. C. 160-2. --October 4,1781.
X 5 D. C. 105.
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? HAMILTON.
127
half of Europe which ever has been, and with little varia-
tion ever will be, opposite to the house of Bourbon, is a
fundamental maxim of that system of American politics
which I have pursued invariably since the beginning of
this war. "* He avowed that " every suspicion of a wa-
vering disposition in (her) court concerning the support
of American independence is groundless, is ridiculous, is
impossible ;"f but he also asserted, that "the policy of
France, from his first observation of it to this hour, had
been as averse to other powers acknowledging the inde-
pendence of America, as England had been. "J
When these instructions were received by Jay, he
acknowledged to congress the confidence evinced in him,
and his readiness to serve in any capacity. But he re-
marked, "As an American, I feel an interest in the dig-
nity of my country, which renders it difficult for me to
reconcile myself to the idea of the sovereign, indepen-
dent states of America, submitting, in the persons of their
ministers, to be absolutely governed by the advice and
opinions of the servants of another sovereign, especially
in a case of such national importance. " He admitted
the "gratitude and confidence" due to France, that it
would probably be in her power "almost to dictate the
terms of peace;" but he declared that he did not believe
that America, thus casting herself into the arms of the
king of France, would advance either her interest or her
reputation with that or other nations, and therefore en-
treated to be relieved from a station, where, in character of
minister, he must receive and obey, (under the name of opin-
ions}) the directions of those "on whom he really thought
no American minister ought to be dependent. "^ This let-
ter was dated in September, seventeen hundred and eighty-
* 7 D. C. 255. t 4 D. C. 292. t 6 D. C. 509.
? 7 D. C. 451.
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 128
THE LIFE OF
one. It was followed by another, asking penhission, in
consequence of. ill health, and because no prospect existed
of any benefits from Spain, to visit either France or Hol-
land. Congress passed a resolution approving his opinions
as to the Mississippi, and had appointed him a commissioner
to treat for peace, yet, at the moment when every probabili-
ty existed of a negotiation being opened at Paris, would
not grant him permission to leave Spain, and proceed to
the place where this negotiation was to be conducted.
Other motives may have influenced their decision; but it
is not an improbable conjecture, that his sentiments as
to the policy of France, and the indignation he had
expressed as to his instructions, had weight in this deter-
mination.
The daily subterfuges of Spain, countenanced by the
ambassador of France, satisfied Jay that Spain had re-
solved not to acknowledge the independence of the United
States. He declared, " that many reasons induced him to
think that France did not, in fact, wish to see us treated
as independent by other nations until after a peace, lest
we should become less manageable in proportion as our
dependence on her shall diminish; and that England would
be the first nation to acknowledge that independence. " Yet
he properly affirmed, " that as long as France continued
faithful, that we ought to continue hand in hand to prose-
cute the war, until all their as well as all our reasonable
objects can be obtained by a peace; for that he would
rather see America ruined than dishonoured. "
Having received an invitation from Franklin to join him,
Jay soon after proceeded to Paris, where he had the pa-
triotism to act upon his commission, and the firmness to
disregard his instructions. On his arrival there, on the
twenty-third of June, he found the aged minister alone;
Adams being yet in Holland, Laurens a prisoner in En-
gland, Jefferson, deterred, as he says, " by the uncommon
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? HAMILTON.
129
vigilance of the enemy's cruisers," remaining in Ame-
rica. * f
The British minister had in the interval employed agents
to ascertain the disposition of the American commission-
ers, as to a waiver of an express recognition of the inde-
pendence of their country. They reached Paris after
Jay's arrival there, and returned convinced that every at-
tempt to inveigle the United States must fail.
These overtures alarmed Vergennes.
J He saw that the
capture of Yqrktown had placed England and the United
States in a position which must result in peace. How to
control its terms, was with him the only remaining ques-
tion, wearied as France was with the continued demands
for aid. His efforts to exclude the United States from a
general congress, and to prevent a direct negotiation with
Great Britain, had succeeded. Thus Paris was still the seat
of negotiation. It was important to thwart any attempts
* Jay's Life, vol. 1, p. 170.
t "Such was the state of my family, that I could not leave it, nor could
I expose it to the dangers of the sea, and of capture by the British ships then
covering the ocean. I saw, too, that the labouring oar was really at home,
where much was to be done of the most permanent interest, in new model-
ling our governments, and much to defend our fanes and firesides from the
desolations of an invading enemy, pressing on our country in every point. "--
Jefferson's Works, vol. 1. p. 41.
X "The letter in the 6rst page of the Gazette of this morning," Madison
wrote Randolph, " was written by Mr. Marbois. In an evening of promis-
cuous conversation I suggested to him my opinion that the insidiousness of
the British court, and the good faith of our ally, displayed in the late abor-
tive attempt of the former to seduce the latter, might with advantage be
made known, in some form or other, to the public at large. He said he
would think of the matter, and next day sent me the letter in question, with
a request that I would revise and translate it for the press, the latter of which
was done. I mention this, that you may duly appreciate facts and senti-
ments contained in this publication. " This was suggested by propositions
of England for a separate peace--called by Madison an "insidious step. "--
1 Mad. 131,141. It may be asked, Did England form the alliance against
herself? Was she bound to respect it ? .
17
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 130
THE LIFE OF
to transfer it elsewhere. With this view a verbal commu-
nication was made by the French minister to the secretary
of foreign affairs, calling upon congress to declare, " that
in case commissioners offered to treat upon this continent,
they should be referred to the ministers of the United
States, who are provided with instructions on this subject
in Europe ; that the court of London should address itself
to these, and that it is impossible that the seat of negotia-
tion should be in America. "*
This suggestion produced the desired result. A reso-
lutionf was reported by Madison, which declared, in case
such overtures should be made, that " congress will not de-
part from the measures which they have heretofore taken
for preventing delay, and for conducting the discussions
in confidence and in concert with his most christian ma-
jesty. "
Madison's report of January had, in the mean time, re-
mained with the committee to which it was referred. It
was not brought forward until August, when a paper was
presented to congress, prepared by Edmund Randolph,
containing facts and observations on the claims not inclu-
ded in the ultimatum of the fifteenth of June, seventeen
hundred and eighty-one.
This report was in conformity with the previous one of
Madison. A motion for revoking the power given to
France was again made. "It was pushed," Madison wrote
Randolph," with the expected earnestness, but was parried,
and will issue, I believe, in an adoption of your report,
with a representation thereupon to the court of France. " J ?
* 3 D. C. 297. t May 31, 1782. --3 S. J. 138.
t Madison Papers, v. 1, p. 159.
? "In my last I informed you that the motion to rescind the control
given to France over the American ministers had been parried, and would
probably end in an adoption of your report. It was parried by a substitute
so expressed as to give a committee sufficient latitude m reporting without
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? HAMILTON.
131
Another conference was had in September with the
French minister; on this occasion, extracts from several
letters addressed to him by the Count De Vergennes, were
read: one of the ninth of April, stating that "their joint
efforts would be crowned with success, if on the one hand
making the greatest exertions to procure the completest
satisfaction, they on the other hand confined themselves
within such bounds of moderation* as would give no um-
brage to any one of the powers at war with Great' Bri-
tain. " Others of the second of May and twenty-eighth
of June were produced, intimating that it was now evi-
dently the object of Great Britain to lessen their exertions
on this continent, to adopt a defensive war, and having
succeeded in one of these objects, to return against the
United States with redoubled efforts. Congress were ex-
horted to declare that no peace but a general one would
be attended to; they were assured that when the negotia-
tions were entered into with sincerity, France would exert
her good offices on all points connected with the prosper-
ity of the United States; that congress were themselves
sensible of the distinction between the conditions of jus-
tice and rigour, and those of convenience and compliance,
which depended on the good or bad situation of affairs;
that though the circumstances of the allies were very
,promising, such events might happen as might make it
advisable to adopt the part of moderation. The necessity
of England being convinced of the impossibility of treat-
ing separately was urged, and they were called on to
proclaim that the United States would not make peace
without the concurrence of their ally, and that if any
implying on the part of congress a design to alter past instructions; the
composition of the committee appointed according well with the object
of the substitute," &c. --Madison to Edmund Randolph. --Madison Papers,
T. 1. 160. --August 20, 1782.
* September 24, 1782.
? ? Generated for (University of Chicago) on 2014-08-20 03:42 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 132 THE LIFE OF
overtures were to be made, the American plenipotentia-
ries were sufficiently empowered to receive jhem. .
This communication was referred to a larger committee.
Their report, after expressing the utmost confidence in
the assurances and good offices of France, declared,* that
"considering the territorial claims of these states as here-
tofore made, their participation of the fisheries, and of the
free navigation of the Mississippi, not only as their indu-
bitable rights* but as essential to their prosperity, they
trust that his majesty's efforts will be successfully employ-
ed to obtain a sufficient provision and security for those
rights. Having avowed, " that any claim of restitution or
compensation for property confiscated, will meet with in-
superable obstacles, not only on account of the sove-
reignty of the individual states," but of the wanton depre-
dations of the enemy, they express a further trust, that
"the circumstances of the allies at the negotiations for
peace will be so prosperous, as to render these expecta-
tions consistent with the spirit and moderation recommended
by his majesty, f
The wishes of the king of England had, during this
period, been consulted by his ministry, and an act was
passed " to enable him to conclude a peace or truce" with
certain "colonies" therein mentioned. On the twenty-
fifth of July, Oswald received a warrant to treat in pursu-
ance of this act. This warrant was submitted to Ver-
gennes, Franklin, and Jay.
Vergennes gave his opinion that it might be acted upon,
"that names signified little, that an acknowledgment, in-
stead of preceding, must, in the natural course of things,
be the effect of the treaty, and that it would not be rea-
* October 3, 1782. --3 S. J. 243.
t This report was from Madison, Duane, Rutledge, Montgomery, and
Carroll.
? ? Generated for (University of Chicago) on 2014-08-20 03:42 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? HAMILTON.
133
sonable to expect the effect before the cause. " He urged
an exchange of powers with the British commissioners, on
the ground that an acceptance of them would be a tacit
admittance of it.
Franklin had always intended to secure the inde-
pendence of the United States; but as to the mode, it
has been seen that he would have been satisfied with a
tacit acknowledgment of it. Adhering to this opinion,
he concurred with Vergennes, and sustained this course
on the ground that it was an acquiescence with the
views of that minister, as prescribed by his instruc-
tions. Jay dissented from this opinion; he considered
the instructions of seventeen hundred and seventy-nine,
framed by Gouverneur Morris, as indicating the sentiments
of the nation before its counsels had been influenced by
France; and although he then voted for a tacit recogni-
tion, the position of the country had changed--the Ameri-
can arms had triumphed, and England had resolved on
peace.
These considerations would have been sufficient of them-
selves, but there was another which could not have been
without weight. Whatever policy might have been pre-
viously adopted, the public declaration of Lord Shelburne
left no alternative consistent with the honour of the coun-
try, but an open, explicit, preliminary acknowledgment
of its independence. Jay did not conceal from Franklin
the suspicions which the readiness of Vergennes to waive
this point had produced. The French minister had, on
previous occasions, when he knew that such a requisition
was an insuperable bar to all negotiation on the part
of England, declared that it must be insisted upon. That
with all the advantages in his favour, so practised a
statesman should have abandoned this opinion, if he had
ever seriously entertained it, without some motive, was
not to be supposed. The only adequate motive to be as-
? ? Generated for (University of Chicago) on 2014-08-20 03:42 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 134
THE LIFE OF
signed was, a desire to defer this acknowledgment, to
make it an article of treaty, and thus dependent upon all
the contingencies of such a treaty, until, as the Spanish
minister had intimated, the conclusion "of a general
peace. " Spain had claims to which the United States
were unwilling to accede; France had demands upon
Great Britain, to the attainment of which, the support of
Spam was important. The United States were under no
engagements to continue the war for the promotion of the
views of Spain. But the treaty of alliance compelled them
not to cease hostilities until their independence was se-
cured. The British ministry held their places on the
tenure of peace with America; but if that had been
effected, Vergennes well knew that the temper of the Bri-
tish nation would have sustained a war with France or
Spain from motives of policy or resentment. Thus, not
only the question whether to promote the designs of Spain
as to the American territory, or to obtain advantages from
Great Britain, or even a general peace might depend on
deferring the recognition by England of the United States
as a nation. The strong repugnance of the British
monarch to an express acknowledgment might also have
induced a belief, if that should be relinquished by her instru-
mentality, that France might gain an equivalent for this
service. Acting upon a full view of his position, Jay ap-
prised Oswald of his objections to his commission; who, to
remove them, disclosed to him the instructions to Sir Guy
Carleton to admit independence in the first instance. Jay
avowed that he would have no concern in any negotia-
tion "that did not consider his countrymen as independent
people," and drafted a commission to be issued by Great
Britain.
A second discussion arose with the French minister on
the reception of Oswald's powers; Vergennes remained
of his former opinion, and asserted that an acknowledg-
? ? Generated for (University of Chicago) on 2014-08-20 03:42 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? HAMILTON.
135
ment previous to a treaty was unnecessary, denied that
it was sufficient for the United States to be treated with
on the ground of equality as other nations were, but
insisted that an explicit acknowledgment of independence
in the treaty was "very necessary," to prevent future
claims. The reply of the British ministry to Oswald pro-
ceeded on the idea of an acknowledgment as an article
of treaty. * This course was admitted by him to have
been adopted in consequence of the intimation of Ver-
gennes that it would be sufficient.
A strong expression of the determination not to permit
the question of independence to be the subject of a treaty,
and thus implying that America was not then independent,
was embodied in a letter from Jay to Oswald, which was
submitted to Franklin, who disapproved it, lest it might
possibly be productive of future embarrassment, and as
involving a departure from their instructions. After weigh-
ing this objection, Franklin having declined to sign this
letter, Jay gave it to Oswald. Vergennes had, meanwhile,
proposed that Oswald should by letter declare that he
treated with the United States as independent; an ex-
pedient which was, of course, rejected. The fixed pur-
pose of France was manifested upon another occasion.
In consequence of an intimation to that effect by the court
of Spain, a conference was held with their envoy at Paris.
In this conference, the claims of Spain having been set
forth, Jay, without entering into the discussion, presented
a copy of his commission, anfl asked if the Spanish envoy's
powers were equally extensive.
He affirmed that they were, but did not produce them.
Vergennes, who was present, remained silent; but Ray-
neval, the secretary of the council, urged that this prelimi-
nary should be dispensed with. f
?
* 8 D. C. 143. ^ray's Life, v. 1, p. 144. t 8 D. C. 201.
? ? Generated for (University of Chicago) on 2014-08-20 03:42 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 136
THE LIFE OF
Having ascertained that through the interference of
France, the unsatisfactory powers to Oswald were framed,
and that Rayneval had proceeded secretly to London,
there was enough to awaken the suspicions of any pru-
dent minister. These suspicions were confirmed by the
disclosure to Jay of the contents of the recent despatch
of Marbois, and on the following day he sent a secret
agent to England, to represent the absolute necessity of a
preliminary acknowledgment of independence, of a mu-
tual participation in the fisheries and in the navigation of the
Mississippi being conceded, and that it was the policy of
France to postpone this recognition. This communication
had the intended effect. A commission* to Oswald, "to
negotiate with commissioners vested with equal powers by
and on the part of the United States of America," was
received in Paris late in September.
The points now to be adjusted were the boundaries, the
fisheries, and the claims of the loyalists.
The progress of the negotiation confirmed the suspicions
entertained by Jay as to the policy both of France and
Spain, with respect to the territorial limits of the United
States. The importance of obtaining the alliance and aid
of the Spanish ministry was such a# to have led him to
think, previous to his mission, that a cession might wisely
have been made of the navigation of the Mississippi, as an
inducement to such an alliance. But when Spain had, in
order to promote her own views, entered into the war,
when she refused to recognise the United States as a na-
tion, and failed in her engagements as to aid, every induce-
ment to such a concession ceased; and he dissuaded con-
gress from granting it, on the ground that it would render
a war with Spain unavoidable, and "that he should look on
his subscribing to the one, as fixing the other. "
* Sept. 21, 1782.
? ? Generated for (University of Chicago) on 2014-08-20 03:42 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? HAMILTON.
137
In the project of a treaty, in obedience to his instruc-
tions, which he was aware were known to Spain, he of-
fered this cession, but upon his own responsibility annexed
a declaration, "that if its acceptance, together with the pro-
posed alliance, should be postponed to a general peace, the
United States would not be bound by this offer. " Cir-
cumstances occurred subsequently to this, which had a
strong influence on the action of congress. On the cap-
ture of Pensacola, Spain, instead of providing in the capitu-
lation that the British troops should not serve against the
United States, permitted them to reinforce their garrison
at New-York. Similar terms were granted in the surren-
der of the Bahama islands.
These occurrences excited strong indignation in America,
which was increased by the unjustifiable interruption of
the Havana trade,* in consequence of which, American
vessels were detained a long time in the service of Spain, no
compensation for the delay made, and then sent away
without convoy, and many of them captured. But the
event which made most impression was an expedition of a
party of Spaniards and Indians from St. Louis, who seized
a small post on the St. Joseph, occupied by a few English
soldiers, took possession of it with its dependencies, and
also of the river Illinois, in the name of his catholic ma-
jesty, and displayed the standard of Spain as a formal
assertion of her title. This act was decisive of the pur-
poses of that government.
A committee was appointed by congress to revise the
instructions to Jay, (prepared by Madison,) not to insist
upon the free navigation of the Mississippi. Their report
would have exposed the United States to the risk, if ^pain
chose to claim it on the ground of the secret article with
France, of being compelled to conclude a treaty "on her
* 8D. C. 211.
18
? ?
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.
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 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'
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 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.
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 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. "
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 124
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.
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 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.
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 126 THE LIFE OF
up. Fox and his friends, who had advised the preliminary
acknowledgment of independence, resigned, and Lord
Shelburne, who, in conformity with the feelings of the
king, had opposed it, took the first place in the cabinet.
Acting upon his previous policy, Shelburne declared in the
house of lords, " that whenever parliament should acknow-
ledge the independence of America, the sun of England's
glory was set' forever. "
As this acknowledgment became the vital question in
the negotiation, it is necessary to advert to previous cir-
cumstances. It has been seen that Franklin had not con-
sidered this as a preliminary to be insisted upon, acting
in obedience to the instructions of the fifteenth of June,
seventeen hundred and eighty-one, dictated by France.
When those instructions were received by him, in his let-
ter to the president of congress, after stating* "the satis-
faction of Vergennes with the unreserved confidence in
his court," and his assurance that it would not be abused,
he observed, " that I cannot but think the confidence well
and judiciously placed, and that it will have happy effects. "
A not less decided approval of this commission was
expressed by Adams; he accepted it with satisfaction, de-
claring that he thought " it a measure essentially right;
that it was a demonstration of greater respect to the
powers of Europe, and must be more satisfactory to the
people of America than any former one. "f
What his actual opinions as to France were, it is not
easy to judge. He declared " that France was the natu-
ral friend of the United States, America the natural friend
of France; that England was the natural enemy of France,
and therefore of the United States. "J But he also stated,
"that to form immediate commercial connections with that
? 3 D. C. 236.
+ 6 D. C. 160-2. --October 4,1781.
X 5 D. C. 105.
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? HAMILTON.
127
half of Europe which ever has been, and with little varia-
tion ever will be, opposite to the house of Bourbon, is a
fundamental maxim of that system of American politics
which I have pursued invariably since the beginning of
this war. "* He avowed that " every suspicion of a wa-
vering disposition in (her) court concerning the support
of American independence is groundless, is ridiculous, is
impossible ;"f but he also asserted, that "the policy of
France, from his first observation of it to this hour, had
been as averse to other powers acknowledging the inde-
pendence of America, as England had been. "J
When these instructions were received by Jay, he
acknowledged to congress the confidence evinced in him,
and his readiness to serve in any capacity. But he re-
marked, "As an American, I feel an interest in the dig-
nity of my country, which renders it difficult for me to
reconcile myself to the idea of the sovereign, indepen-
dent states of America, submitting, in the persons of their
ministers, to be absolutely governed by the advice and
opinions of the servants of another sovereign, especially
in a case of such national importance. " He admitted
the "gratitude and confidence" due to France, that it
would probably be in her power "almost to dictate the
terms of peace;" but he declared that he did not believe
that America, thus casting herself into the arms of the
king of France, would advance either her interest or her
reputation with that or other nations, and therefore en-
treated to be relieved from a station, where, in character of
minister, he must receive and obey, (under the name of opin-
ions}) the directions of those "on whom he really thought
no American minister ought to be dependent. "^ This let-
ter was dated in September, seventeen hundred and eighty-
* 7 D. C. 255. t 4 D. C. 292. t 6 D. C. 509.
? 7 D. C. 451.
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 128
THE LIFE OF
one. It was followed by another, asking penhission, in
consequence of. ill health, and because no prospect existed
of any benefits from Spain, to visit either France or Hol-
land. Congress passed a resolution approving his opinions
as to the Mississippi, and had appointed him a commissioner
to treat for peace, yet, at the moment when every probabili-
ty existed of a negotiation being opened at Paris, would
not grant him permission to leave Spain, and proceed to
the place where this negotiation was to be conducted.
Other motives may have influenced their decision; but it
is not an improbable conjecture, that his sentiments as
to the policy of France, and the indignation he had
expressed as to his instructions, had weight in this deter-
mination.
The daily subterfuges of Spain, countenanced by the
ambassador of France, satisfied Jay that Spain had re-
solved not to acknowledge the independence of the United
States. He declared, " that many reasons induced him to
think that France did not, in fact, wish to see us treated
as independent by other nations until after a peace, lest
we should become less manageable in proportion as our
dependence on her shall diminish; and that England would
be the first nation to acknowledge that independence. " Yet
he properly affirmed, " that as long as France continued
faithful, that we ought to continue hand in hand to prose-
cute the war, until all their as well as all our reasonable
objects can be obtained by a peace; for that he would
rather see America ruined than dishonoured. "
Having received an invitation from Franklin to join him,
Jay soon after proceeded to Paris, where he had the pa-
triotism to act upon his commission, and the firmness to
disregard his instructions. On his arrival there, on the
twenty-third of June, he found the aged minister alone;
Adams being yet in Holland, Laurens a prisoner in En-
gland, Jefferson, deterred, as he says, " by the uncommon
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? HAMILTON.
129
vigilance of the enemy's cruisers," remaining in Ame-
rica. * f
The British minister had in the interval employed agents
to ascertain the disposition of the American commission-
ers, as to a waiver of an express recognition of the inde-
pendence of their country. They reached Paris after
Jay's arrival there, and returned convinced that every at-
tempt to inveigle the United States must fail.
These overtures alarmed Vergennes.
J He saw that the
capture of Yqrktown had placed England and the United
States in a position which must result in peace. How to
control its terms, was with him the only remaining ques-
tion, wearied as France was with the continued demands
for aid. His efforts to exclude the United States from a
general congress, and to prevent a direct negotiation with
Great Britain, had succeeded. Thus Paris was still the seat
of negotiation. It was important to thwart any attempts
* Jay's Life, vol. 1, p. 170.
t "Such was the state of my family, that I could not leave it, nor could
I expose it to the dangers of the sea, and of capture by the British ships then
covering the ocean. I saw, too, that the labouring oar was really at home,
where much was to be done of the most permanent interest, in new model-
ling our governments, and much to defend our fanes and firesides from the
desolations of an invading enemy, pressing on our country in every point. "--
Jefferson's Works, vol. 1. p. 41.
X "The letter in the 6rst page of the Gazette of this morning," Madison
wrote Randolph, " was written by Mr. Marbois. In an evening of promis-
cuous conversation I suggested to him my opinion that the insidiousness of
the British court, and the good faith of our ally, displayed in the late abor-
tive attempt of the former to seduce the latter, might with advantage be
made known, in some form or other, to the public at large. He said he
would think of the matter, and next day sent me the letter in question, with
a request that I would revise and translate it for the press, the latter of which
was done. I mention this, that you may duly appreciate facts and senti-
ments contained in this publication. " This was suggested by propositions
of England for a separate peace--called by Madison an "insidious step. "--
1 Mad. 131,141. It may be asked, Did England form the alliance against
herself? Was she bound to respect it ? .
17
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 130
THE LIFE OF
to transfer it elsewhere. With this view a verbal commu-
nication was made by the French minister to the secretary
of foreign affairs, calling upon congress to declare, " that
in case commissioners offered to treat upon this continent,
they should be referred to the ministers of the United
States, who are provided with instructions on this subject
in Europe ; that the court of London should address itself
to these, and that it is impossible that the seat of negotia-
tion should be in America. "*
This suggestion produced the desired result. A reso-
lutionf was reported by Madison, which declared, in case
such overtures should be made, that " congress will not de-
part from the measures which they have heretofore taken
for preventing delay, and for conducting the discussions
in confidence and in concert with his most christian ma-
jesty. "
Madison's report of January had, in the mean time, re-
mained with the committee to which it was referred. It
was not brought forward until August, when a paper was
presented to congress, prepared by Edmund Randolph,
containing facts and observations on the claims not inclu-
ded in the ultimatum of the fifteenth of June, seventeen
hundred and eighty-one.
This report was in conformity with the previous one of
Madison. A motion for revoking the power given to
France was again made. "It was pushed," Madison wrote
Randolph," with the expected earnestness, but was parried,
and will issue, I believe, in an adoption of your report,
with a representation thereupon to the court of France. " J ?
* 3 D. C. 297. t May 31, 1782. --3 S. J. 138.
t Madison Papers, v. 1, p. 159.
? "In my last I informed you that the motion to rescind the control
given to France over the American ministers had been parried, and would
probably end in an adoption of your report. It was parried by a substitute
so expressed as to give a committee sufficient latitude m reporting without
? ? Generated for (University of Chicago) on 2014-08-20 03:41 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? HAMILTON.
131
Another conference was had in September with the
French minister; on this occasion, extracts from several
letters addressed to him by the Count De Vergennes, were
read: one of the ninth of April, stating that "their joint
efforts would be crowned with success, if on the one hand
making the greatest exertions to procure the completest
satisfaction, they on the other hand confined themselves
within such bounds of moderation* as would give no um-
brage to any one of the powers at war with Great' Bri-
tain. " Others of the second of May and twenty-eighth
of June were produced, intimating that it was now evi-
dently the object of Great Britain to lessen their exertions
on this continent, to adopt a defensive war, and having
succeeded in one of these objects, to return against the
United States with redoubled efforts. Congress were ex-
horted to declare that no peace but a general one would
be attended to; they were assured that when the negotia-
tions were entered into with sincerity, France would exert
her good offices on all points connected with the prosper-
ity of the United States; that congress were themselves
sensible of the distinction between the conditions of jus-
tice and rigour, and those of convenience and compliance,
which depended on the good or bad situation of affairs;
that though the circumstances of the allies were very
,promising, such events might happen as might make it
advisable to adopt the part of moderation. The necessity
of England being convinced of the impossibility of treat-
ing separately was urged, and they were called on to
proclaim that the United States would not make peace
without the concurrence of their ally, and that if any
implying on the part of congress a design to alter past instructions; the
composition of the committee appointed according well with the object
of the substitute," &c. --Madison to Edmund Randolph. --Madison Papers,
T. 1. 160. --August 20, 1782.
* September 24, 1782.
? ? Generated for (University of Chicago) on 2014-08-20 03:42 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 132 THE LIFE OF
overtures were to be made, the American plenipotentia-
ries were sufficiently empowered to receive jhem. .
This communication was referred to a larger committee.
Their report, after expressing the utmost confidence in
the assurances and good offices of France, declared,* that
"considering the territorial claims of these states as here-
tofore made, their participation of the fisheries, and of the
free navigation of the Mississippi, not only as their indu-
bitable rights* but as essential to their prosperity, they
trust that his majesty's efforts will be successfully employ-
ed to obtain a sufficient provision and security for those
rights. Having avowed, " that any claim of restitution or
compensation for property confiscated, will meet with in-
superable obstacles, not only on account of the sove-
reignty of the individual states," but of the wanton depre-
dations of the enemy, they express a further trust, that
"the circumstances of the allies at the negotiations for
peace will be so prosperous, as to render these expecta-
tions consistent with the spirit and moderation recommended
by his majesty, f
The wishes of the king of England had, during this
period, been consulted by his ministry, and an act was
passed " to enable him to conclude a peace or truce" with
certain "colonies" therein mentioned. On the twenty-
fifth of July, Oswald received a warrant to treat in pursu-
ance of this act. This warrant was submitted to Ver-
gennes, Franklin, and Jay.
Vergennes gave his opinion that it might be acted upon,
"that names signified little, that an acknowledgment, in-
stead of preceding, must, in the natural course of things,
be the effect of the treaty, and that it would not be rea-
* October 3, 1782. --3 S. J. 243.
t This report was from Madison, Duane, Rutledge, Montgomery, and
Carroll.
? ? Generated for (University of Chicago) on 2014-08-20 03:42 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? HAMILTON.
133
sonable to expect the effect before the cause. " He urged
an exchange of powers with the British commissioners, on
the ground that an acceptance of them would be a tacit
admittance of it.
Franklin had always intended to secure the inde-
pendence of the United States; but as to the mode, it
has been seen that he would have been satisfied with a
tacit acknowledgment of it. Adhering to this opinion,
he concurred with Vergennes, and sustained this course
on the ground that it was an acquiescence with the
views of that minister, as prescribed by his instruc-
tions. Jay dissented from this opinion; he considered
the instructions of seventeen hundred and seventy-nine,
framed by Gouverneur Morris, as indicating the sentiments
of the nation before its counsels had been influenced by
France; and although he then voted for a tacit recogni-
tion, the position of the country had changed--the Ameri-
can arms had triumphed, and England had resolved on
peace.
These considerations would have been sufficient of them-
selves, but there was another which could not have been
without weight. Whatever policy might have been pre-
viously adopted, the public declaration of Lord Shelburne
left no alternative consistent with the honour of the coun-
try, but an open, explicit, preliminary acknowledgment
of its independence. Jay did not conceal from Franklin
the suspicions which the readiness of Vergennes to waive
this point had produced. The French minister had, on
previous occasions, when he knew that such a requisition
was an insuperable bar to all negotiation on the part
of England, declared that it must be insisted upon. That
with all the advantages in his favour, so practised a
statesman should have abandoned this opinion, if he had
ever seriously entertained it, without some motive, was
not to be supposed. The only adequate motive to be as-
? ? Generated for (University of Chicago) on 2014-08-20 03:42 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 134
THE LIFE OF
signed was, a desire to defer this acknowledgment, to
make it an article of treaty, and thus dependent upon all
the contingencies of such a treaty, until, as the Spanish
minister had intimated, the conclusion "of a general
peace. " Spain had claims to which the United States
were unwilling to accede; France had demands upon
Great Britain, to the attainment of which, the support of
Spam was important. The United States were under no
engagements to continue the war for the promotion of the
views of Spain. But the treaty of alliance compelled them
not to cease hostilities until their independence was se-
cured. The British ministry held their places on the
tenure of peace with America; but if that had been
effected, Vergennes well knew that the temper of the Bri-
tish nation would have sustained a war with France or
Spain from motives of policy or resentment. Thus, not
only the question whether to promote the designs of Spain
as to the American territory, or to obtain advantages from
Great Britain, or even a general peace might depend on
deferring the recognition by England of the United States
as a nation. The strong repugnance of the British
monarch to an express acknowledgment might also have
induced a belief, if that should be relinquished by her instru-
mentality, that France might gain an equivalent for this
service. Acting upon a full view of his position, Jay ap-
prised Oswald of his objections to his commission; who, to
remove them, disclosed to him the instructions to Sir Guy
Carleton to admit independence in the first instance. Jay
avowed that he would have no concern in any negotia-
tion "that did not consider his countrymen as independent
people," and drafted a commission to be issued by Great
Britain.
A second discussion arose with the French minister on
the reception of Oswald's powers; Vergennes remained
of his former opinion, and asserted that an acknowledg-
? ? Generated for (University of Chicago) on 2014-08-20 03:42 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? HAMILTON.
135
ment previous to a treaty was unnecessary, denied that
it was sufficient for the United States to be treated with
on the ground of equality as other nations were, but
insisted that an explicit acknowledgment of independence
in the treaty was "very necessary," to prevent future
claims. The reply of the British ministry to Oswald pro-
ceeded on the idea of an acknowledgment as an article
of treaty. * This course was admitted by him to have
been adopted in consequence of the intimation of Ver-
gennes that it would be sufficient.
A strong expression of the determination not to permit
the question of independence to be the subject of a treaty,
and thus implying that America was not then independent,
was embodied in a letter from Jay to Oswald, which was
submitted to Franklin, who disapproved it, lest it might
possibly be productive of future embarrassment, and as
involving a departure from their instructions. After weigh-
ing this objection, Franklin having declined to sign this
letter, Jay gave it to Oswald. Vergennes had, meanwhile,
proposed that Oswald should by letter declare that he
treated with the United States as independent; an ex-
pedient which was, of course, rejected. The fixed pur-
pose of France was manifested upon another occasion.
In consequence of an intimation to that effect by the court
of Spain, a conference was held with their envoy at Paris.
In this conference, the claims of Spain having been set
forth, Jay, without entering into the discussion, presented
a copy of his commission, anfl asked if the Spanish envoy's
powers were equally extensive.
He affirmed that they were, but did not produce them.
Vergennes, who was present, remained silent; but Ray-
neval, the secretary of the council, urged that this prelimi-
nary should be dispensed with. f
?
* 8 D. C. 143. ^ray's Life, v. 1, p. 144. t 8 D. C. 201.
? ? Generated for (University of Chicago) on 2014-08-20 03:42 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? 136
THE LIFE OF
Having ascertained that through the interference of
France, the unsatisfactory powers to Oswald were framed,
and that Rayneval had proceeded secretly to London,
there was enough to awaken the suspicions of any pru-
dent minister. These suspicions were confirmed by the
disclosure to Jay of the contents of the recent despatch
of Marbois, and on the following day he sent a secret
agent to England, to represent the absolute necessity of a
preliminary acknowledgment of independence, of a mu-
tual participation in the fisheries and in the navigation of the
Mississippi being conceded, and that it was the policy of
France to postpone this recognition. This communication
had the intended effect. A commission* to Oswald, "to
negotiate with commissioners vested with equal powers by
and on the part of the United States of America," was
received in Paris late in September.
The points now to be adjusted were the boundaries, the
fisheries, and the claims of the loyalists.
The progress of the negotiation confirmed the suspicions
entertained by Jay as to the policy both of France and
Spain, with respect to the territorial limits of the United
States. The importance of obtaining the alliance and aid
of the Spanish ministry was such a# to have led him to
think, previous to his mission, that a cession might wisely
have been made of the navigation of the Mississippi, as an
inducement to such an alliance. But when Spain had, in
order to promote her own views, entered into the war,
when she refused to recognise the United States as a na-
tion, and failed in her engagements as to aid, every induce-
ment to such a concession ceased; and he dissuaded con-
gress from granting it, on the ground that it would render
a war with Spain unavoidable, and "that he should look on
his subscribing to the one, as fixing the other. "
* Sept. 21, 1782.
? ? Generated for (University of Chicago) on 2014-08-20 03:42 GMT / http://hdl. handle. net/2027/uva. x000275492 Public Domain, Google-digitized / http://www. hathitrust. org/access_use#pd-google
? HAMILTON.
137
In the project of a treaty, in obedience to his instruc-
tions, which he was aware were known to Spain, he of-
fered this cession, but upon his own responsibility annexed
a declaration, "that if its acceptance, together with the pro-
posed alliance, should be postponed to a general peace, the
United States would not be bound by this offer. " Cir-
cumstances occurred subsequently to this, which had a
strong influence on the action of congress. On the cap-
ture of Pensacola, Spain, instead of providing in the capitu-
lation that the British troops should not serve against the
United States, permitted them to reinforce their garrison
at New-York. Similar terms were granted in the surren-
der of the Bahama islands.
These occurrences excited strong indignation in America,
which was increased by the unjustifiable interruption of
the Havana trade,* in consequence of which, American
vessels were detained a long time in the service of Spain, no
compensation for the delay made, and then sent away
without convoy, and many of them captured. But the
event which made most impression was an expedition of a
party of Spaniards and Indians from St. Louis, who seized
a small post on the St. Joseph, occupied by a few English
soldiers, took possession of it with its dependencies, and
also of the river Illinois, in the name of his catholic ma-
jesty, and displayed the standard of Spain as a formal
assertion of her title. This act was decisive of the pur-
poses of that government.
A committee was appointed by congress to revise the
instructions to Jay, (prepared by Madison,) not to insist
upon the free navigation of the Mississippi. Their report
would have exposed the United States to the risk, if ^pain
chose to claim it on the ground of the secret article with
France, of being compelled to conclude a treaty "on her
* 8D. C. 211.
18
? ?
