* i
On the fourth of Octoberf congress acted upon this
letter, and upon certain instructions from Virginia.
On the fourth of Octoberf congress acted upon this
letter, and upon certain instructions from Virginia.
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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.
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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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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.
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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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? HAMILTON.
99
should be claimed only as co-extensive with her territory,"
and instructed her delegates, "that every other and fur-
ther demand should be ceded, if insisting on the same, is
deemed an impediment to a treaty with Spain. "
A few days* after this resolution had passed, the com-
mittee to which the complaints of Vergennes against
Adams had been referred, reported a letter to be address-
ed to him by the president of congress. He was informed
that the opinion of the French minister relative to the time
and circumstances proper for communicating his powers
and entering upon the execution of them, was well founded,
congress having no expectations " from the influence which
the people may have on the British councils ! "f
De La Luzerne had succeeded Gerard as envoy to the
United States. On his arrival, he had a conference with
General Washington, and, as has been previously stated,
in this interview, among a variety of topics, he proposed a
co-operation in a contemplated expedition by Spain against
the Floridas--that being the only object which in her self-
ish policy she cared to gain, in the hope of annexing them
to Louisiana. Washington prudently declined discussing
the policy of the measure, merely stating, that, as a military
question, he saw no objection in case the enemy's force
should be withdrawn from South Carolina and Georgia.
This idea was subsequently submitted to congress by an
agent of Spain through the French ambassador; and with
a view to gratify the expectations of that country, a de-
tachment from the main army was ordered, though at
great hazard, to Carolina to make a diversion. Having
attained this object, encouraged by the recent letter to
Adams, and confirmed in his hopes by the late vote of Vir-
ginia, a formal communication^ was made by the French
ambassador to a committee of congress of the corre-
* January 10, 1781. t 5 D. C. 306. t Jan. 28, 1781.
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? 100
THE LIFE OF
spondence which had passed between Spain and Great
Britain.
This was followed by an earnest representation of the
danger that Great Britain, having an insuperable reluc-
tance to admit the idea of the independence of the United
States, would involve France in her relations with other
European powers; that thus an armed mediation was to
be feared, which, unless the United States increased their
efforts to dispossess the British of their territories, might
compel the allies to accept of terms which would leave
England mistress of her actual possessions, or to continue
the war under the disadvantages of having the forces of
the mediation united with those of their enemies.
This representation was well adapted to produce alarm.
A second conference was had, in which the anxiety of
Spain for an alliance was stated. The importance of
"moderation" in their negotiation with her was suggested,
and her views specified. These were, that the United
States should confine their limits to settlements permitted
by the proclamation of seventeen hundred and sixty-three,
and that a precise and invariable western boundary should
be fixed--the exclusive navigation of the Mississippi--the
possession of the Floridas, and of the lands between that
western boundary and the eastern side of that river. The
consequences of these stipulations were avowed, that the
United States should be excluded from the navigation of
that river, because by such limitations no territories would
belong to them on its borders, and that the southern states
should be restricted from any settlements or conquests in
those territories, they being the possessions of the crown of
Great Britain, which Spain proposed to occupy and retain
"as a permanent conquest. "
More than a month had elapsed since the resolution of
Virginia passed. It was passed under circumstances
which would have justified a pause, and a demand of new
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? HAMILTON.
101
instructions. Yet in obedience to this resolution, * and thus
urged by the French minister,f Madison prepared an in-
struction to Jay, not to insist upon the free navigation of
that river to the ocean, "provided such cession shall be un-
alterably insisted upon by Spain;" but to be satisfied with
a guarantee by her of its use to their own citizens, in
common with her subjects, above the southern boundary
of the United States, and to exert every effort to obtain a
free port or ports below that boundary . J This instruc-
tion passed. ?
The impolicy of this act was manifested by the conduct
of Spain. Though intended to be secret, it was made
* Col. Grayson, of Virginia, calls it "a disgraceful proposition. "--Debates
in Virginia Convention.
t1 Mad. 66, Madison says--" In this important business, which go deeply
affects the claims and interests of Virginia, and which I know she has so
much at heart, I have not the satisfaction to harmonize in sentiment with
my colleague. " "He," Colonel Bland, "has embraced an opinion that we
have no just claim to the subject in controversy between us and Spain, and
that it is the interest of Virginia not to adhere to it. "
In the Life of Arthur Lee, vol. 2, 384-5, Nov. 20,1786, a letter from Col.
Bland to Lee is to be seen. Bland writes--" I cannot agree with you on the
policy of Spain or the eastern states to relinquish tq Spain the navigation of
the Mississippi, even for a moment. It is a right which we have confirmed
to us by treaty. It is a right which nature has given us. It is a right
which nature will claim. It is a right which it is impossible in Spain to de-
prive us of; and in the attempt, she has shown that she considered it a right.
Why else should she endeavour to barter another privilege for it? Have
you not mistaken the effect of the exclusion? I rather think that, could it
be carried into execution, it would stifle the germ of agriculture and im-
provement. "
As such were the sentiments of Bland, the statements of Madison on this
subject would appear to require elucidation.
In a letter of Madison, App. to vol. 1, p. 21, he says--" Congress seized the
first moment also for revoking their instruction to Mr. Jay. " This is a slight
inaccuracy; this instruction was not revoked until late in the following year.
$ 2S. J. 397. --Feb. 15,1781.
5 Massachusetts, Connecticut, North Carolina, negative; New-York, di.
vided.
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known to her before the information of it reached the
American envoy at Madrid. Convinced that this great
object was secured, no motive existed to depart from the
policy she had adopted. Nothing was promised or denied,
but a clew was given to her purposes by the observation
of her prime minister to Jay, "that all these affairs could
with more facility be adjusted by a general peace than
now; for that such a particular and even secret treaty
with us might then be made, as would be very convenient
to both. " Discouraging as every appearance was, the
mission was prosecuted with diligence, patience, firmness,
and discernment, until all efforts proved fruitless. Two
hundred years had not effaced from her iron memory how
much she had suffered by a revolt. She now saw in
every throe of liberty the loss of her western empire;
nor, could she have forgotten it for a moment, would
bigotry have failed to remind her that it was a revolt of
heretics.
A few days after congress had yielded in relation to the
navigation- of the Mississippi, the French ambassador
transmitted to them a letter from his king, assuring them
of his determination to assist them as far as his own wants
and the extraordinary and enormous expenses of the war
would permit. This communication was followed by a
memorial showing the extent of the proposed aids, but an-
nouncing that the second division of the French army
could not be expected that campaign. A second memo-
rial was presented, in which the acceptance by Great Bri-
tain of the mediation of Russia was announced; and a
request was made for the appointment of a committee to
discuss with him the manner of conducting the negotia-
tion, the extent of the powers of the commissioners, the ex-
tent to which they were to be used, and the confidence to
be reposed in the plenipotentiaries and cabinet of France.
"Moderation" was again inculcated.
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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.
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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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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.
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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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? HAMILTON.
99
should be claimed only as co-extensive with her territory,"
and instructed her delegates, "that every other and fur-
ther demand should be ceded, if insisting on the same, is
deemed an impediment to a treaty with Spain. "
A few days* after this resolution had passed, the com-
mittee to which the complaints of Vergennes against
Adams had been referred, reported a letter to be address-
ed to him by the president of congress. He was informed
that the opinion of the French minister relative to the time
and circumstances proper for communicating his powers
and entering upon the execution of them, was well founded,
congress having no expectations " from the influence which
the people may have on the British councils ! "f
De La Luzerne had succeeded Gerard as envoy to the
United States. On his arrival, he had a conference with
General Washington, and, as has been previously stated,
in this interview, among a variety of topics, he proposed a
co-operation in a contemplated expedition by Spain against
the Floridas--that being the only object which in her self-
ish policy she cared to gain, in the hope of annexing them
to Louisiana. Washington prudently declined discussing
the policy of the measure, merely stating, that, as a military
question, he saw no objection in case the enemy's force
should be withdrawn from South Carolina and Georgia.
This idea was subsequently submitted to congress by an
agent of Spain through the French ambassador; and with
a view to gratify the expectations of that country, a de-
tachment from the main army was ordered, though at
great hazard, to Carolina to make a diversion. Having
attained this object, encouraged by the recent letter to
Adams, and confirmed in his hopes by the late vote of Vir-
ginia, a formal communication^ was made by the French
ambassador to a committee of congress of the corre-
* January 10, 1781. t 5 D. C. 306. t Jan. 28, 1781.
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? 100
THE LIFE OF
spondence which had passed between Spain and Great
Britain.
This was followed by an earnest representation of the
danger that Great Britain, having an insuperable reluc-
tance to admit the idea of the independence of the United
States, would involve France in her relations with other
European powers; that thus an armed mediation was to
be feared, which, unless the United States increased their
efforts to dispossess the British of their territories, might
compel the allies to accept of terms which would leave
England mistress of her actual possessions, or to continue
the war under the disadvantages of having the forces of
the mediation united with those of their enemies.
This representation was well adapted to produce alarm.
A second conference was had, in which the anxiety of
Spain for an alliance was stated. The importance of
"moderation" in their negotiation with her was suggested,
and her views specified. These were, that the United
States should confine their limits to settlements permitted
by the proclamation of seventeen hundred and sixty-three,
and that a precise and invariable western boundary should
be fixed--the exclusive navigation of the Mississippi--the
possession of the Floridas, and of the lands between that
western boundary and the eastern side of that river. The
consequences of these stipulations were avowed, that the
United States should be excluded from the navigation of
that river, because by such limitations no territories would
belong to them on its borders, and that the southern states
should be restricted from any settlements or conquests in
those territories, they being the possessions of the crown of
Great Britain, which Spain proposed to occupy and retain
"as a permanent conquest. "
More than a month had elapsed since the resolution of
Virginia passed. It was passed under circumstances
which would have justified a pause, and a demand of new
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? HAMILTON.
101
instructions. Yet in obedience to this resolution, * and thus
urged by the French minister,f Madison prepared an in-
struction to Jay, not to insist upon the free navigation of
that river to the ocean, "provided such cession shall be un-
alterably insisted upon by Spain;" but to be satisfied with
a guarantee by her of its use to their own citizens, in
common with her subjects, above the southern boundary
of the United States, and to exert every effort to obtain a
free port or ports below that boundary . J This instruc-
tion passed. ?
The impolicy of this act was manifested by the conduct
of Spain. Though intended to be secret, it was made
* Col. Grayson, of Virginia, calls it "a disgraceful proposition. "--Debates
in Virginia Convention.
t1 Mad. 66, Madison says--" In this important business, which go deeply
affects the claims and interests of Virginia, and which I know she has so
much at heart, I have not the satisfaction to harmonize in sentiment with
my colleague. " "He," Colonel Bland, "has embraced an opinion that we
have no just claim to the subject in controversy between us and Spain, and
that it is the interest of Virginia not to adhere to it. "
In the Life of Arthur Lee, vol. 2, 384-5, Nov. 20,1786, a letter from Col.
Bland to Lee is to be seen. Bland writes--" I cannot agree with you on the
policy of Spain or the eastern states to relinquish tq Spain the navigation of
the Mississippi, even for a moment. It is a right which we have confirmed
to us by treaty. It is a right which nature has given us. It is a right
which nature will claim. It is a right which it is impossible in Spain to de-
prive us of; and in the attempt, she has shown that she considered it a right.
Why else should she endeavour to barter another privilege for it? Have
you not mistaken the effect of the exclusion? I rather think that, could it
be carried into execution, it would stifle the germ of agriculture and im-
provement. "
As such were the sentiments of Bland, the statements of Madison on this
subject would appear to require elucidation.
In a letter of Madison, App. to vol. 1, p. 21, he says--" Congress seized the
first moment also for revoking their instruction to Mr. Jay. " This is a slight
inaccuracy; this instruction was not revoked until late in the following year.
$ 2S. J. 397. --Feb. 15,1781.
5 Massachusetts, Connecticut, North Carolina, negative; New-York, di.
vided.
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? 102
THE LIFE OF
known to her before the information of it reached the
American envoy at Madrid. Convinced that this great
object was secured, no motive existed to depart from the
policy she had adopted. Nothing was promised or denied,
but a clew was given to her purposes by the observation
of her prime minister to Jay, "that all these affairs could
with more facility be adjusted by a general peace than
now; for that such a particular and even secret treaty
with us might then be made, as would be very convenient
to both. " Discouraging as every appearance was, the
mission was prosecuted with diligence, patience, firmness,
and discernment, until all efforts proved fruitless. Two
hundred years had not effaced from her iron memory how
much she had suffered by a revolt. She now saw in
every throe of liberty the loss of her western empire;
nor, could she have forgotten it for a moment, would
bigotry have failed to remind her that it was a revolt of
heretics.
A few days after congress had yielded in relation to the
navigation- of the Mississippi, the French ambassador
transmitted to them a letter from his king, assuring them
of his determination to assist them as far as his own wants
and the extraordinary and enormous expenses of the war
would permit. This communication was followed by a
memorial showing the extent of the proposed aids, but an-
nouncing that the second division of the French army
could not be expected that campaign. A second memo-
rial was presented, in which the acceptance by Great Bri-
tain of the mediation of Russia was announced; and a
request was made for the appointment of a committee to
discuss with him the manner of conducting the negotia-
tion, the extent of the powers of the commissioners, the ex-
tent to which they were to be used, and the confidence to
be reposed in the plenipotentiaries and cabinet of France.
"Moderation" was again inculcated.
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