112
THE LIFE OF
that a treaty should be negotiated between Great Britain
and the American colonies without the intervention of any
of the belligerent powers, but to be signed conjointly with
that of those powers, and that there should be a general
armistice for one year from a period to be defined.
THE LIFE OF
that a treaty should be negotiated between Great Britain
and the American colonies without the intervention of any
of the belligerent powers, but to be signed conjointly with
that of those powers, and that there should be a general
armistice for one year from a period to be defined.
Hamilton - 1834 - Life on Hamilton - v2
org/access_use#pd-google
? THE LIFE OF
before a committee of congress, that the king of France
had granted "a gratuitous subsidy" of six millions of
livres.
After much discussion,* instructions were given to the
American plenipotentiaries to accept the mediation of
the emperors of Russia and Germany, but not to accede to
any treaty of peace "which shall not effectually secure
the independence and sovereignty of the thirteen states,
according to the form and effect of the treaties with his
most christian majesty, and in which those treaties shall
not be left in their full force and validity. " Thus the ex-
press preliminary acknowledgment of independence was
abandoned.
With a view to secure to France the control of the ne-
gotiation, the American minister was instructed " to make
the most confidential communications upon all subjects to
the ministry of France, and to undertake nothing without
their knowledge and concurrence;" and authority was
given to agree to a truce. These instructions were direct-
ed to be communicated confidentially to the French am-
bassador. He objected to them. They were ordered to
be reconsidered. The clause, "you will use your own
judgment and prudence, in securing the interest of the
United States," was erased, and the words, "you are at
liberty to secure," were substituted; and after the word
"concurrence," an addition was made, by which the min-
ister was directed "ultimately to govern himself by their
advice and opinion. "
This last clause, so derogatory from the dignity of the
country, it was moved four days after to reconsider; but
the motion was rejected. This vote was followed by a
conference, in which the magnitude of the king's bounty
was stated at large. It will be remarked with surprise,
? June 11, 1781. --2 S. J. 439.
? ? 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.
that on the first of the preceding amendments, the only
negative states were Massachusetts and Rhode Island;
that as to the last, the only dissentients were Massachu-
setts, Rhode Island, and Connecticut; and that on the
motion to reconsider, the only affirmative states were
Massachusetts, Rhode Island, Connecticut, and Delaware,
New-York not being represented. It is due to the memory
of a gallant soldier of Virginia to record, that while the
vote of that state was given by Jones and Madison in fa-
vour of these amendments, Colonel Bland opposed them
in every stage. * f
* The negatives were : Massachusetts--Lovell and Ward; Rhode Island--
Vamum; Connecticut--Huntington, (Elsworth and Sherman, who took
their seats on the 4th of June preceding;) Pennsylvania--Montgomery and
T. Smith; Virginia--Bland.
t The clause as ultimately adopted ran thus--after referring to former
instructions as to boundaries--" fromt which you will perceive the desires
and expectations of congress, but we think it unsafe, at this distance, to
tie you up by absolute and peremptory directions upon any other subject
than the two essential articles above mentioned. You are, therefore, at
liberty to secure the interest of the United States in such manner as cir-
cumstances may direct, and as the state of the belligerent and disposition
of the mediating powers may require. For this purpose, you are to make
the most candid and confidential communications upon all subjects to the
ministers of our generous ally, the king of France; to undertake nothing
in the negotiations for peace or truce without their knowledge and concur-
rence; and ultimately to govern yourselves by their advice and opinion,
endeavouring in your whole conduct to make them sensible how much we
rely on his majesty's influence for effectual support in every thing that may
be necessary to the present security or future prosperity of the United States
of America.
"If a difficulty should arise in the course of the negotiation for peace, from
the backwardness of Britain to make a formal acknowledgment of our
independence, you are at liberty to agree to a truce, or to make such other
concessions as may not affect the substance of what we contend for; and
provided that Great Britain be not left in possession of any part of the
thirteen United States. "
t SB. J. 446.
14
? ? 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
? 106
THE LIFE OP
This degrading concession* to France was not the only
consequence of the recent invasion of Virginia. A pro-
posal was soon after made that the states should empower
congress to compel, by an armed, land, or naval force, any
delinquent state "to yield prompt obedience to all just re-
quisitions on them; and as to those that had little or no
foreign trade of their own, that all inland trade with such
states as supplied them with foreign merchandise might be
interdicted, and the concurrence of the latter enforced, in
case of refusal, by operations on their foreign trade. "
"There is a collateral reason," Madison observed, "which
interests the states who are feeble in maritime resources
in such a plan. A navy so formed, and under the orders
of the general council of the state, would not only be a
guard against aggressions and insults from abroad, but,
without it, what is to protect the southern states, for many
years to come, against the insults and aggressions of their
northern brethren. "-)- So remote were his ideas at that
time from a national government. While Madison was
thus proposing to provide for future wars between the
states, Hamilton, as has been seen, was urging measures to
strengthen the union. "Force cannot effect it. The ap-
plication of it," he said, "is always disagreeable, the issue
uncertain. It will be wiser to obviate the necessity of it,
by interesting such a number of individuals in each state in
* Two days after, Gouverneur Morris wrote to Jay: "But when you come
to find by your instructions that you must ultimately obey the dictates of the
French minister, I am sure there is something in your bosom which will re-
volt at the servility of your situation. Do I not know you well enough to
believe that you will not act in this new capacity? I think I do; and there-
fore I will express my concern that you must decline the honour, if that name
can be applied to such offices. Decline, however, with decency, though with
dignity. I mean always if no alteration takes place, which shall be done if I
can effectuate it, though I almost despair. No other congress will surrender
all, as this has, to an ally. "
t Madison Papers, v. 1, p. 87: Madison to Jefferson, who approved the idea.
? ? 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. 107
support of the federal government, as will be a counter-
poise to the ambition of others, and will make it difficult for
them to unite the people in opposition to the just and ne-
cessary measures of the union. "*
As the independence of Adams had been complained of
by the French minister, it was proposed that other per-
sons should be united with him in the mission. This was
at first rejected, but four other commissioners, Franklin,
Jay, Jefferson and Laurens, were subsequently added.
Thus a preponderance, it was hoped, would be secured to
the party attached to France.
Adams still retained powers to form a commercial treaty
with Great Britain, the terms of which, it has been seen,
required that no privileges should be granted to England
not conferred on France, excluded any peculiar limitations
in her favour, and stipulated expressly for a participation in
the fisheries; but in all other matters gave him full discre-
tion to treat on terms of equality and reciprocity. It
was possible that Great Britain might avail herself of
these powers, as by a commercial treaty she would avoid
the express acknowledgment of independence; and that
thus the whole object of the recent instructions, to submit
to the control of France, would be defeated.
To prevent such a result, a great stroke of policy was
resorted to. An additional instruction was moved by Madi-
sonf--that in negotiating a treaty with Great Britain,
Adams should enter into no such treaty unless in addition
to the stipulations as to the fisheries; all the objects included
in their original ultimatum of seventeen hundred and
seventy-nine, as to a treaty of peace, as the same stood
prior to their instructions of the fifteenth of June, should
be in such treaty of commerce explicitly acknowledged
and stipulated to the United States.
* Ante, vol. 1, p. 371.
t June 29,1781. --2 S. J. 458.
? ? 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
? 108
THE LIFE OF
The insuperable obstacle on the part of Great Britain,
it had been fully ascertained, was a preliminary acknow-
ledgment of independence. This original ultimatum re-
quired* it as a preliminary article to any negotiation,
that Great Britain shall agree to treat with the United
States "as sovereign, free, and independent. " Thus all
possibility of exercising his powers by Adams would have
been prevented. That such was the object of this motion,
and not the securing a preliminary acknowledgment, must
be inferred from the fact that the mover of the resolution
voted for the instructions of the fifteenth of June, by which
this previous acknowledgment of independence was waived,
and it was to become merely an article of treaty.
This last motion was rejected, three states voting for it. f
Baffled in this effort to interpose an impassable barrier to
all direct negotiation with England, the only alternative
that remained, was to withdraw his powers to form a
treaty, and at the instanee of Madison the commission to
Adams was revoked. J
Having succeeded in obtaining the entire control of the
negotiation for peace, and, by the revocation of the powers
granted to Adams, having closed the door upon Great
Britain, it might have been supposed that France would
have felt herself secure; but she still saw cause of appre-
hension. Adams was in Holland, England was represent-
ed at the Hague, and it was impossible to foresee the con-
sequences of a negotiation being opened between them.
These were to be prevented.
On his arrival at Amsterdam, Adams suggested the im-
portance of maintaining an official agent there, and he was
* 2 S. J. 225
t Connecticut, Virginia, and North Carolina--(Elsworth, Bland, and
Smith, dissenting. )
t July 23, 1781 j vol. 4, No. 36, state department; Madison seconded by
Sharpe.
? ? 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.
109
empowered to negotiate a loan; he soon after intimated
the advantages to be derived from a resident embassy at
the Hague. The suggestion was approved, and he was
commissioned as minister plenipotentiary to the United
Provinces.
As early as seventeen hundred and seventy-eight, the
regency of Amsterdam had evinced a disposition to enter
into commercial regulations with America. They applied
to the states-general for a convoy to vessels carrying naval
stores to France, and protested against a refusal of it.
This gave a pretext to that nation to announce to them
"the necessity of protecting their commerce, in order to
enjoy the privileges of neutrality. " This was not done,
and a rescript was issued by France excluding Holland
from those privileges, and interdicting a part of her pro-
ductions. These decisive measures produced the intended
effect, and a naval force was directed by the states-general
to be equipped for that purpose.
Soon after, an American squadron under the command
of Paul Jones entered the Texel with several prizes. He
was ordered to leave the waters of Holland. While there,
an address was presented by the British minister, demand-
ing the seizure of the king's vessels in the hands of a
"pirate and an outlaw. " This demand was not acceded
to, but Jones was again, commanded to sail. Having re-
fused with great indignation the offer from the French
ambassador of a letter of marque, he departed.
But a short time elapsed when a plan of a treaty with
the United States was framed by the authorities at Am-
sterdam. This drew an angry remonstrance from England.
Measures of defence were taken by that city; orders in
council were issued by Great Britain for hostilities, and St.
Eustatia was captured. Adams resolved to seize upon this*
moment to make an impression. He addressed letters to
the envoys of Russia, Denmark, and Sweden, announcing
? ? 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
? 110
THE LIFE OF
the resolution of congress concurring with the regulations
of the "marine treaty," and at the same moment asked of
the French ambassador the Duke de la Vauguyon to aid
him. The former did not answer his letters; the latter stated
that he had no instructions on the subject. Relying on the
support of several of the provinces, he presented a memorial
to the states-general, and urged his reception at the Hague.
He was discountenanced by Vauguyon, and was refused.
In a conference between La Luzerne and congress, they
were informed that,* " on being apprised of the intention
of Mr. Adams to display his character as a minister, the
duke gave him no assistance on that occasion, knowing the
application would have no favourable issue. "
The perseverance of Adams alarmed Vergennes, and
within a few days after his powers to form a commercial
treaty with Great Britain had been revoked, the French
ambassador appeared again before congress. He stated
the accession of Holland to the armed neutrality, the hos-
tile acts of Great Britain, the opinion of the council of
his king that a "prudent and able man"f should be sent to
Holland with full powers; that it would likewise be advan-
tageous to give proper instructions to that minister, and as
it is impossible at this distance to have quick information,
it would be proper to have further instructions given by
Dr. Franklin, in order to avoid all inconsistency or contra-
diction, and that the political operations of congress, aim-
ing towards the same end, may of course be more success-
ful. Had Franklin, as Adams alleged, been the "index
of Vergennes," a better expedient could not have been
devised by France to point the way to the American resi-
dent at the Hague; but neither this nor the hint as to the
selection of "a prudent and able man," could be acted
upon without offending New-England.
? 3 s. J. 35.
t 2 S. J. 4G6. ^Tuly 23, 1781.
? ? 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.
Ill
The original instructions to Adams were, "to adopt, in
whole or without any essential alteration," a plan of treaty
which was transmitted from Philadelphia, with restrictions
"not to admit any thing inconsistent with the treaties with
France, or not conforming to the proposed regulations of
the congress of northern powers. "
The only device was, to limit these instructions 5 and
with that view a report was adopted, which, after acknow-
ledging this effort by the king of France to make a coali-
tion with Holland, as a fresh proof of his solicitude for
their interests, stated to the French minister the previous
appointment of Adams with special instructions to con-
form to the treaty with France, and empowered him to enter
into a joint alliance with France, Holland, and Spain, on
condition that no party shall conclude either truce or peace
with Great Britain without the formal consent of the
whole first obtained. In all other matters, he was to use
his best discretion; and he was directed "to confer upon
all occasions in the most confidential manner with his most
christian majesty's minister" at the Hague. *
While these measures were taken in America, Adams
was invited by Vergennes to Paris, to consult upon the
proposed mediation of Austria and Russia.
He announced his arrival; an audience was granted, and
the subject was opened. ')-
The propositions of the mediators were upon the basis,J
* 2 S. J. 472. --August 16, 1781.
t In his letter to congress, he says--" The letter announcing my ar-
rival, I sent by my servant, who waited until the count descended from the
council, when he delivered it into his hand. He broke the seal, read the
letter, and said he was sorry he could not see Mr. Adams, but he was obliged
to go into the country immediately after dinner; that Mr. Adams 'seroit
dans le cas de voir M. de Rayneval,' who lived at such a sign, in such a
street. After dinner I called on M. de Rayneval, who stated the object, and
an interview was appointed with the minister. "--6 D. C. 92.
t 6 D. C. 100. --July 11,1781.
? ? 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
?
112
THE LIFE OF
that a treaty should be negotiated between Great Britain
and the American colonies without the intervention of any
of the belligerent powers, but to be signed conjointly with
that of those powers, and that there should be a general
armistice for one year from a period to be defined. The
comments of the American minister stated that there
would be no objection to such a separate treaty, consist-
ent with their obligations to their allies, without the inter-
vention of any of the belligerents, or (unless demanded)
of the mediators. The conjoint signature was approved,
but the proposed armistice or a truce, as suggested by
Vergennes, was objected to except under two express pre-
liminary conditions:--the continuance of the subsisting
treaties until the acknowledgment of independence by
Great Britain, and the antecedent removal of the British
forces; and this truce was to be of sufficient duration to
imply a virtual relinquishment of the objects of the war,
and to be agreed to before the opening of another cam-
paign.
But the great question was stated to be, the acknowledg-
ment of independence; and "as the United States can
never consent that their independence shall be discussed
before any sovereign," it was suggested that if the impe-
rial courts would "lay down, as a preliminary, the sove-
reignty of the United States, and admit their minister to
a congress," a treaty might be commenced with Great
Britain, "without any express acknowledgment of sove-
reignty until the treaty should be concluded. " The reply
of Vergennes, addressed to Adams as agent of the United
States, represented the necessity of certain preliminaries
being adjusted before the American minister could be ad-
mitted to the congress. His answer, proceeding on the
supposition that it was intended to acknowledge the inde-
pendence of the American states, proposed "that the
character of their minister sholild be ascertained before
? ? 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.
113
any congress met, that he might take his place as soon as
it opened. . A second letter adverted to a most extraordi-
nary suggestion--that the separate states of America should
choose an agent foY each, to attend the congress. Adams
urged Vergennes not to countenance this idea, " apprising
him, that though it had been mentioned only as a tran-
sient speculation, that he felt it to be a duty to inform
him that congress would remonstrate against it in the
most solemn manner. " No other correspondence passed
upon this subject, but from the statement of La Lu-
zerne to congress, it appeared that England insisted upon
the dependence of America being pre-established, and
that thus there would be no possibility of a mediation for
peace.
Adams returned to Amsterdam, approved* and obeyed
his last instructions. In order to learn whether he should
visit the president of the states-general, he consulted
Vauguyon, observing "that congress had wisely enjoined
it upon him to confer in the most confidential manner
with his excellency, and that he had "made it a law to
take no important step without his approbation. " Vau-
guyon waited the orders of his principal, and informed
Adams that the minister " sees no objection to the visit on
the subject of his memorial, provided, without any official
writing, he limited himself to the inquiry, whether his
memorial had been the subject of deliberation, and what
answer he should communicate to congress. " The memo-
rial was referred for consideration; and after some delay--
after the capture of Cornwallis and the victories of Greene
had changed the British ministry, and peace was inevitable,
--France sanctioned his reception, and he was gratified by
a public acknowledgment. During these interesting mo-
ments, he received a letter from the secretary of foreign
6 D. C. 198.
15
? ? 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
? 114
THE LIFE OF
affairs disapproving his having printed his memorial, and
having urged his admission to court. His reply shows his
views of the effects of this measure,* and of the conse-
? John Adams to congreis. --6 Dip. Corres. 258. --" The proposition to the
president being taken ad referendum, it became a subject of the delibera-
tion of the sovereignty. The prince, therefore, and the whole court, are
legally bound to treat it with respect, and me with decency ; at least, it would
be criminal in them to treat me or the subject with indecency. If it had
not been presented and printed, I am very sure I could not long have resided
in the republic; and what would have been the consequence to the friends
of liberty, I know not. They were so disheartened and intimidated, and the
Anglomanes were so insolent, that no man can say that a sudden frenzy
might not have been excited among the soldiery and people, to demand a
junction with England, as there was in the year 1748. Such a revolution
would have injured America and her allies, have prolonged the war, and
have been the total loss and ruin of the republic.
"Immediately upon the presentation of my memorial, M. Van Berckel ven.
tnred to present his requite and demand for a trial. This contributed still
further to raise the spirits of the good people, and soon after the burgomasters
of Amsterdam appeared with their proposition for giving the prince a com-
mittee for a council, and in course their attack upon the duke; all which
together excited such an enthusiasm in the nation, and among the officers
of the navy, as produced the battle of the Doggerbank, which never would
have happened, in all probability, but would have been eluded by secret or-
ders and various artifices, if the spirit raised in the nation by the chain of
proceedings of which the American memorial was the first and an essential
link, had not rendered a display of the national bravery indispensable for the
honour of the navy, and perhaps for the safety of the court.
"The memorial as a composition, has very little merit; yet almost every
gazette in Europe has inserted it, and most of them with a compliment, none
without any criticism. When I was in Paris and Versailles afterwards, no
man ever expressed to me the smallest disapprobation of it, or the least appre-
hension that it could do any harm. On the contrary, several gentlemen of
letters expressed higher compliments upon it than it deserved. The king of
Sweden has done it a most illustrious honour, by quoting one of the most ma-
terial sentiments in it, in a public answer to the king of Great Britain; and the
emperor of Germany has since done the author of it the honour to desire in the
character of Count Falkenstein to see him, and what is more remarkable, ha>>
adopted the sentiments of it concerning religious liberty into a code of laws
for his dominions,--the greatest effort in favour of humanity, next to the
American revolution, which has been produced in the eighteenth century.
? ? 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.
115
quences of his firmness. It also discloses his indignation
at the influence which had been exerted against him,
charging expressly, that it was the design of the French
"As my mission to this republic was wisely communicated to the court of
Versailles, who can say that this transaction of congress had not some influ-
ence in bringing De Grasse into the Chesapeake Bay? Another thing I
ought to mention; I have a letter from Mr. Jay, informing me that ip the
month of June last, M. Del Campo was appointed by the court of Madrid to
treat with him; the exact time when my memorial appeared at Madrid.
You may possibly say, that my imagination and self-love carry me extraor-
dinary lengths; but when one is called upon to justify an action, one should
look all round. All I contend for is, that the memorial has certainly done
no harm; that it is probable it has done some good, and that it is possible
it has done much more than can be proved. A man always makes an awk-
ward figure when he is justifying himself and his own actions, and I hope I
shaJJ be pardoned. It is easy to say, ' il abonde trop dans son tens; il eft
twin et glorieux; U eft plein de liii-mime; il ne vpii que lui;' and other
modest things of that sort, with which even your Malcsherbes, your Turgots,
and Neckers, are sometimes sacrificed to very small intrigues.
"Your veterans in diplomacy and in affairs of state consider us as a kind
of militia, and hold us, perhaps, as is natural, in some degree of contempt;
but wise men know that militia sometimes gain victories over regular troops,
even by departing from the rules. Soon after I had presented the memorial,
I wrote to the Due de la Vauguyon upon the subject of inviting or admitting,
m concert, the republic to accede to the alliance between France and Ame-
rica. The duke transmitted that letter to the Count de Vergennes, which
produced the ofler to congress from the king, to assist us in forming a con.
? ection with the republic, and the instructions upon the subject, which I
shall execute as soon as the French ambassador thinks proper. With him it
bow lies, and with him, thank God, I have hitherto preserved a perfectly
good understanding, although I differed from him in opinion concerning the
point of time to make the former proposition.
"The evacuation of the barrier towns has produced an important commen.
tary upon the conversation I had with the duke, and his opinion upon that
occasion. How few weeks was it, after the publication of my memorial, that
the Roman emperor made that memorable visit to Brussels, Ostend, Bruges,
Antwerp, and all the considerable maritime towns in his provinces of Bra-
oant and Flanders? How soon afterwards his memorable journeys to Holr
land and to Paris? Was not the American memorial full of matter for the
emperor's contemplation, when he was at Ostend, Antwerp, and Bruges 1
Was it not full of matter, calculated to stimulate him to hasten his negotia-
? ? 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
? 116
THE LIFE OF
"to keep us dependent upon them, that we might be
obliged to accept such terms of peace as they should think
would do for us. "*
tions with France concerning the abolition of the barrier towns? Wai not
the same matter equally calculated to stimulate France to finish such an
agreement with him, as we have seen the evidence of in the actual evacua-
tion of those towns? If this evacuation is an advantage to France and to
America, as it undoubtedly is, by putting this republic more in the power of
France, and more out of a possibility of pursuing the system of Orange by
joining England, and my memorial is supposed to have contributed any thing
towards it, surely it was worth the while.
"The period since the 4th of May, 1781, has been thick sown with good
events, all springing out of the American revolution, and connected with the
matter contained in my memorial. The memorial of M. Van Berckel; the
proposition of the burgomasters of Amsterdam; their attack upon the duke
of Brunswick, and the battle of Doggerbank; the appointment of Sefior del
Campo to treat with Mr. Jay; the success of Colonel Laurens, in obtaining
orders for the French fleet to go upon the coast of America; their victory
over Graves, and the capture of Cornwallis; the emperor's journey to his
maritime towns, to Holland, and to Paris; his new regulations for encour-
aging the trade of his maritime towns; his demolition of the barrier fortifi-
cations; and his most liberal and sublime ecclesiastical reformation; and the
king of Sweden's reproach to the king of England for continuing the war,
in the very words of my memorial;--these traits are all subsequent to that
memorial, and they are too sublime and decisive proofs of the prosperity and
glory of the American cause, to admit the belief, that the memorial has done
it any material harm.
"By comparing facts, and events, and dates, it is impossible not to believe
that the memorial had some influence in producing some of them. When
courts, princes, and nations, have been long contemplating a great system
of affairs, and their judgments begin to ripen, and they begin to see how
things ought to go, and are going, a small publication, holding up these ob-
jects in a clear point of view, sometimes sets a vast machine in motion at
once, like the springing of a mine. What a dust we raise! said the fly upon
the chariot wheel. It is impossible to prove that this whole letter is not a
similar delusion to that of the fly. The councils of princes are enveloped
in impenetrable secrecy. The true motives and causes which govern their
actions, little or great, are carefully concealed. But I desire only that these
events may be all combined together, and then, that an impartial judge may
6 D. C. 395.
? ? 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.
117
At a dark period of the revolution, a few days after the
plot of Andre had been discovered, congress, acting upon
a proposition of the empress of Russia for the establish-
ment of an armed neutrality addressed to the belligerents,
empowered their commissioners to accede to its regula-
tions. *
It was hoped in this mode to induce the mediation of
Russia, and soon after Dana was accredited as minister at
that court. He was authorized to sign the convention for
the protection of neutral commerce, either with Russia in
conjunction with the other neutral powers, or separately
with either of them.
Dana apprised Franklin of his commission, who advised
its being communicated to Vergennes, and that his opinion
should be taken, whether it woulfl be proper to disclose
his powers to the court of St. Petersburg, and obtain their
approbation before he proceeded to Russia. From the
latter part of this advice he dissented, for reasons to which
Franklin assented; and though the conduct of Vergennes
satisfied him that it was the policy of France not to ren-
der the United States "independent" by new allies, he
proceeded on his mission.
His instructions indicated it as "a leading and capital
point, that the United States should be formally admitted
as a party to the convention of maritime powers," and
say, if he can, that he believes that that homely harmless memorial had no
share in producing any part of this great complication of good.
"But be all these speculations and conjectures as they will, the foresight
of which could not have been sufficiently clear to have justified the measure,
it is sufficient for me to say, that the measure was absolutely necessary and
unavoidable. I should have been contemptible and ridiculous without it. By
it I have secured to myself and my mission universal decency and respect,
though no open acknowledgment or avowal. I write this to you in confi-
dence; you may entirely suppress it, or communicate it in confidence, as you
judge for the public good. "
? October 5,1780.
? ? 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
? 118
THE l;pe of
directed him to communicate the general object of hw
mission to the resident envoy of France.
On arriving at St. Petersburg, he consulted that envoy,
who evinced a decided repugnance to the disclosure of
his objects or powers. As the fortunes of the United
States rose, repeated applications were made to him for
an introduction to the court. They were discouraged,
until at last--tied down by his instructions, and con-
vinced that, alone and unsustained, his reception would
be refused--he apprised congress of his position, and of
the necessity of douceurs to the Russian cabinet before
a negotiation could be opened. Thus, by the complicated
policy of France, America stood dumb before the powers
of Europe.
This letter of Dana Vas referred to a committee, of
which Madison was chairman. Though remote, yet
Hamilton saw the advantages of opening a commerce
with Russia, provided a treaty could be formed on equal
terms without bestowing presents. With this view, he
moved that Dana "be informed that the treaties lately
entered into for restoring peace, have caused such an al-
teration in the affairs of these states, as to have removed
the primary object of his mission to the court of Russia--
the acquisition of new supports to our independence. That
with respect to a commercial treaty with Russia, they
consider the benefits of it to this country in an extensive
degree as rather remote, and have therefore little present
inducement to enter into it besides a desire of cultivating
the friendship of that court, and preserving a consistency
with the disposition already manifested towards forming
a connection therewith; and also of laying the foundation
of a future intercourse, when the circumstances of the two
countries may be more favourable to the same. That as
experience will enable both nations to form a better judg-
ment hereafter of the principles upon which that inter-
? ? 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.
119
course may be most advantageously couducted, congress
would wish any treaty now formed to be of temporary
duration and limited to a fixed period. That in this
view, unless he shall have already formed engagements or
made proposals from which he cannot easily recede, of a
more indefinite and extensive nature before this reaches
him, he be instructed to confine the duration of the pro-
posed treaty of commerce to fifteen years, agreeable to
the term limited in a similar treaty with Sweden, and to
stipulate expressly that it should be subject to the revisal
of congress, and that in all matters he insist upon exact
reciprocity. " As to the proposed douceur, "that he be in-
formed, as by the confederation no person holding offices
under the United States are permitted to receive presents
from foreign powers, so it is not consistent with the situa-
tion or policy of these states to adopt that practice in their
transactions with other nations. " After two divisions,
one of which was on a modification of the prohibition of
douceurs at the instance of Madison, so as to permit the
payment of any that might have been stipulated, this mo-
tion failed.
On the following day, Madison proposed an instruction
to decline making any propositions for a treaty with Russia
unless Dana was pre-committed; and if so, to limit it to
fifteen years, omitting the prohibition of presents. This
was defeated, and a substitute offered by Elsworth, to
limit the duration of any treaty then in progress to fifteen
years, subject to revisal, passed unanimously.
The question of acceding to the armed neutrality had
been raised in the course of this debate by Hamilton.
He offered as an amendment this important declaratory
resolution:--
"That though congress approve the principles of the
armed neutrality founded on the liberal basis of a main-
tenance of the rights of neutral nations and of the pri-
? ? 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
? 120
THE LIFE or
vileges of commerce, yet they are unwilling, at this junc-
ture, to become a party to a confederacy which may here-
after too far complicate the interests of the United States
with the politics of Europe; and, therefore, if such a pro-
gress is not yet made in this business as may make it dis-
honourable to recede, it is their desire that no further
measures may be taken at present towards the admission
of the United States into that confederacy. " This amend-
ment was referred, and a report subsequently passed, which
stated, "that as the primary object of the proposed acces-
sion to the neutral confederacy no longer can operate, and
as the true interest of these states requires they should be
as little as possible entangled in the politics and controver-
sies of European nations," it was inexpedient to renew the
powers of Dana. -
It approved the liberal principles of that confederacy,
but directed the American commissioners, "in case they
should comprise in the definitive treaty (with Great Bri-
tain) any stipulations amounting to a recognition of the
rights of neutral nations, to avoid accompanying them by
any engagements which shall oblige the contracting parties
to support those stipulations by arms. " Thus it is seen
that at Hamilton's instance the great principle which
should be especially the governing maxim of a republic,
the principle of an absolute neutrality, was inscribed on the
front of our national councils. * It is an evidence of the
wisdom of this resolution, that each of the parties to the
armed neutrality entered into engagements within thirteen
years after its origin, in direct contravention of it.
France was still pursuing her system studiously. Va-
rious communications were made from time to time by La
* Madison, vol. 1, p. 454,460, docs not give these important proceedings
He merely refers to the secret journal, and adds that the passage relating to
the armed neutrality was generally concurred in, and assigns certain reasons
for the disagreements as to the treaty of commerce with Russia.
? ? 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.
? THE LIFE OF
before a committee of congress, that the king of France
had granted "a gratuitous subsidy" of six millions of
livres.
After much discussion,* instructions were given to the
American plenipotentiaries to accept the mediation of
the emperors of Russia and Germany, but not to accede to
any treaty of peace "which shall not effectually secure
the independence and sovereignty of the thirteen states,
according to the form and effect of the treaties with his
most christian majesty, and in which those treaties shall
not be left in their full force and validity. " Thus the ex-
press preliminary acknowledgment of independence was
abandoned.
With a view to secure to France the control of the ne-
gotiation, the American minister was instructed " to make
the most confidential communications upon all subjects to
the ministry of France, and to undertake nothing without
their knowledge and concurrence;" and authority was
given to agree to a truce. These instructions were direct-
ed to be communicated confidentially to the French am-
bassador. He objected to them. They were ordered to
be reconsidered. The clause, "you will use your own
judgment and prudence, in securing the interest of the
United States," was erased, and the words, "you are at
liberty to secure," were substituted; and after the word
"concurrence," an addition was made, by which the min-
ister was directed "ultimately to govern himself by their
advice and opinion. "
This last clause, so derogatory from the dignity of the
country, it was moved four days after to reconsider; but
the motion was rejected. This vote was followed by a
conference, in which the magnitude of the king's bounty
was stated at large. It will be remarked with surprise,
? June 11, 1781. --2 S. J. 439.
? ? 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.
that on the first of the preceding amendments, the only
negative states were Massachusetts and Rhode Island;
that as to the last, the only dissentients were Massachu-
setts, Rhode Island, and Connecticut; and that on the
motion to reconsider, the only affirmative states were
Massachusetts, Rhode Island, Connecticut, and Delaware,
New-York not being represented. It is due to the memory
of a gallant soldier of Virginia to record, that while the
vote of that state was given by Jones and Madison in fa-
vour of these amendments, Colonel Bland opposed them
in every stage. * f
* The negatives were : Massachusetts--Lovell and Ward; Rhode Island--
Vamum; Connecticut--Huntington, (Elsworth and Sherman, who took
their seats on the 4th of June preceding;) Pennsylvania--Montgomery and
T. Smith; Virginia--Bland.
t The clause as ultimately adopted ran thus--after referring to former
instructions as to boundaries--" fromt which you will perceive the desires
and expectations of congress, but we think it unsafe, at this distance, to
tie you up by absolute and peremptory directions upon any other subject
than the two essential articles above mentioned. You are, therefore, at
liberty to secure the interest of the United States in such manner as cir-
cumstances may direct, and as the state of the belligerent and disposition
of the mediating powers may require. For this purpose, you are to make
the most candid and confidential communications upon all subjects to the
ministers of our generous ally, the king of France; to undertake nothing
in the negotiations for peace or truce without their knowledge and concur-
rence; and ultimately to govern yourselves by their advice and opinion,
endeavouring in your whole conduct to make them sensible how much we
rely on his majesty's influence for effectual support in every thing that may
be necessary to the present security or future prosperity of the United States
of America.
"If a difficulty should arise in the course of the negotiation for peace, from
the backwardness of Britain to make a formal acknowledgment of our
independence, you are at liberty to agree to a truce, or to make such other
concessions as may not affect the substance of what we contend for; and
provided that Great Britain be not left in possession of any part of the
thirteen United States. "
t SB. J. 446.
14
? ? 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
? 106
THE LIFE OP
This degrading concession* to France was not the only
consequence of the recent invasion of Virginia. A pro-
posal was soon after made that the states should empower
congress to compel, by an armed, land, or naval force, any
delinquent state "to yield prompt obedience to all just re-
quisitions on them; and as to those that had little or no
foreign trade of their own, that all inland trade with such
states as supplied them with foreign merchandise might be
interdicted, and the concurrence of the latter enforced, in
case of refusal, by operations on their foreign trade. "
"There is a collateral reason," Madison observed, "which
interests the states who are feeble in maritime resources
in such a plan. A navy so formed, and under the orders
of the general council of the state, would not only be a
guard against aggressions and insults from abroad, but,
without it, what is to protect the southern states, for many
years to come, against the insults and aggressions of their
northern brethren. "-)- So remote were his ideas at that
time from a national government. While Madison was
thus proposing to provide for future wars between the
states, Hamilton, as has been seen, was urging measures to
strengthen the union. "Force cannot effect it. The ap-
plication of it," he said, "is always disagreeable, the issue
uncertain. It will be wiser to obviate the necessity of it,
by interesting such a number of individuals in each state in
* Two days after, Gouverneur Morris wrote to Jay: "But when you come
to find by your instructions that you must ultimately obey the dictates of the
French minister, I am sure there is something in your bosom which will re-
volt at the servility of your situation. Do I not know you well enough to
believe that you will not act in this new capacity? I think I do; and there-
fore I will express my concern that you must decline the honour, if that name
can be applied to such offices. Decline, however, with decency, though with
dignity. I mean always if no alteration takes place, which shall be done if I
can effectuate it, though I almost despair. No other congress will surrender
all, as this has, to an ally. "
t Madison Papers, v. 1, p. 87: Madison to Jefferson, who approved the idea.
? ? 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. 107
support of the federal government, as will be a counter-
poise to the ambition of others, and will make it difficult for
them to unite the people in opposition to the just and ne-
cessary measures of the union. "*
As the independence of Adams had been complained of
by the French minister, it was proposed that other per-
sons should be united with him in the mission. This was
at first rejected, but four other commissioners, Franklin,
Jay, Jefferson and Laurens, were subsequently added.
Thus a preponderance, it was hoped, would be secured to
the party attached to France.
Adams still retained powers to form a commercial treaty
with Great Britain, the terms of which, it has been seen,
required that no privileges should be granted to England
not conferred on France, excluded any peculiar limitations
in her favour, and stipulated expressly for a participation in
the fisheries; but in all other matters gave him full discre-
tion to treat on terms of equality and reciprocity. It
was possible that Great Britain might avail herself of
these powers, as by a commercial treaty she would avoid
the express acknowledgment of independence; and that
thus the whole object of the recent instructions, to submit
to the control of France, would be defeated.
To prevent such a result, a great stroke of policy was
resorted to. An additional instruction was moved by Madi-
sonf--that in negotiating a treaty with Great Britain,
Adams should enter into no such treaty unless in addition
to the stipulations as to the fisheries; all the objects included
in their original ultimatum of seventeen hundred and
seventy-nine, as to a treaty of peace, as the same stood
prior to their instructions of the fifteenth of June, should
be in such treaty of commerce explicitly acknowledged
and stipulated to the United States.
* Ante, vol. 1, p. 371.
t June 29,1781. --2 S. J. 458.
? ? 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
? 108
THE LIFE OF
The insuperable obstacle on the part of Great Britain,
it had been fully ascertained, was a preliminary acknow-
ledgment of independence. This original ultimatum re-
quired* it as a preliminary article to any negotiation,
that Great Britain shall agree to treat with the United
States "as sovereign, free, and independent. " Thus all
possibility of exercising his powers by Adams would have
been prevented. That such was the object of this motion,
and not the securing a preliminary acknowledgment, must
be inferred from the fact that the mover of the resolution
voted for the instructions of the fifteenth of June, by which
this previous acknowledgment of independence was waived,
and it was to become merely an article of treaty.
This last motion was rejected, three states voting for it. f
Baffled in this effort to interpose an impassable barrier to
all direct negotiation with England, the only alternative
that remained, was to withdraw his powers to form a
treaty, and at the instanee of Madison the commission to
Adams was revoked. J
Having succeeded in obtaining the entire control of the
negotiation for peace, and, by the revocation of the powers
granted to Adams, having closed the door upon Great
Britain, it might have been supposed that France would
have felt herself secure; but she still saw cause of appre-
hension. Adams was in Holland, England was represent-
ed at the Hague, and it was impossible to foresee the con-
sequences of a negotiation being opened between them.
These were to be prevented.
On his arrival at Amsterdam, Adams suggested the im-
portance of maintaining an official agent there, and he was
* 2 S. J. 225
t Connecticut, Virginia, and North Carolina--(Elsworth, Bland, and
Smith, dissenting. )
t July 23, 1781 j vol. 4, No. 36, state department; Madison seconded by
Sharpe.
? ? 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.
109
empowered to negotiate a loan; he soon after intimated
the advantages to be derived from a resident embassy at
the Hague. The suggestion was approved, and he was
commissioned as minister plenipotentiary to the United
Provinces.
As early as seventeen hundred and seventy-eight, the
regency of Amsterdam had evinced a disposition to enter
into commercial regulations with America. They applied
to the states-general for a convoy to vessels carrying naval
stores to France, and protested against a refusal of it.
This gave a pretext to that nation to announce to them
"the necessity of protecting their commerce, in order to
enjoy the privileges of neutrality. " This was not done,
and a rescript was issued by France excluding Holland
from those privileges, and interdicting a part of her pro-
ductions. These decisive measures produced the intended
effect, and a naval force was directed by the states-general
to be equipped for that purpose.
Soon after, an American squadron under the command
of Paul Jones entered the Texel with several prizes. He
was ordered to leave the waters of Holland. While there,
an address was presented by the British minister, demand-
ing the seizure of the king's vessels in the hands of a
"pirate and an outlaw. " This demand was not acceded
to, but Jones was again, commanded to sail. Having re-
fused with great indignation the offer from the French
ambassador of a letter of marque, he departed.
But a short time elapsed when a plan of a treaty with
the United States was framed by the authorities at Am-
sterdam. This drew an angry remonstrance from England.
Measures of defence were taken by that city; orders in
council were issued by Great Britain for hostilities, and St.
Eustatia was captured. Adams resolved to seize upon this*
moment to make an impression. He addressed letters to
the envoys of Russia, Denmark, and Sweden, announcing
? ? 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
? 110
THE LIFE OF
the resolution of congress concurring with the regulations
of the "marine treaty," and at the same moment asked of
the French ambassador the Duke de la Vauguyon to aid
him. The former did not answer his letters; the latter stated
that he had no instructions on the subject. Relying on the
support of several of the provinces, he presented a memorial
to the states-general, and urged his reception at the Hague.
He was discountenanced by Vauguyon, and was refused.
In a conference between La Luzerne and congress, they
were informed that,* " on being apprised of the intention
of Mr. Adams to display his character as a minister, the
duke gave him no assistance on that occasion, knowing the
application would have no favourable issue. "
The perseverance of Adams alarmed Vergennes, and
within a few days after his powers to form a commercial
treaty with Great Britain had been revoked, the French
ambassador appeared again before congress. He stated
the accession of Holland to the armed neutrality, the hos-
tile acts of Great Britain, the opinion of the council of
his king that a "prudent and able man"f should be sent to
Holland with full powers; that it would likewise be advan-
tageous to give proper instructions to that minister, and as
it is impossible at this distance to have quick information,
it would be proper to have further instructions given by
Dr. Franklin, in order to avoid all inconsistency or contra-
diction, and that the political operations of congress, aim-
ing towards the same end, may of course be more success-
ful. Had Franklin, as Adams alleged, been the "index
of Vergennes," a better expedient could not have been
devised by France to point the way to the American resi-
dent at the Hague; but neither this nor the hint as to the
selection of "a prudent and able man," could be acted
upon without offending New-England.
? 3 s. J. 35.
t 2 S. J. 4G6. ^Tuly 23, 1781.
? ? 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.
Ill
The original instructions to Adams were, "to adopt, in
whole or without any essential alteration," a plan of treaty
which was transmitted from Philadelphia, with restrictions
"not to admit any thing inconsistent with the treaties with
France, or not conforming to the proposed regulations of
the congress of northern powers. "
The only device was, to limit these instructions 5 and
with that view a report was adopted, which, after acknow-
ledging this effort by the king of France to make a coali-
tion with Holland, as a fresh proof of his solicitude for
their interests, stated to the French minister the previous
appointment of Adams with special instructions to con-
form to the treaty with France, and empowered him to enter
into a joint alliance with France, Holland, and Spain, on
condition that no party shall conclude either truce or peace
with Great Britain without the formal consent of the
whole first obtained. In all other matters, he was to use
his best discretion; and he was directed "to confer upon
all occasions in the most confidential manner with his most
christian majesty's minister" at the Hague. *
While these measures were taken in America, Adams
was invited by Vergennes to Paris, to consult upon the
proposed mediation of Austria and Russia.
He announced his arrival; an audience was granted, and
the subject was opened. ')-
The propositions of the mediators were upon the basis,J
* 2 S. J. 472. --August 16, 1781.
t In his letter to congress, he says--" The letter announcing my ar-
rival, I sent by my servant, who waited until the count descended from the
council, when he delivered it into his hand. He broke the seal, read the
letter, and said he was sorry he could not see Mr. Adams, but he was obliged
to go into the country immediately after dinner; that Mr. Adams 'seroit
dans le cas de voir M. de Rayneval,' who lived at such a sign, in such a
street. After dinner I called on M. de Rayneval, who stated the object, and
an interview was appointed with the minister. "--6 D. C. 92.
t 6 D. C. 100. --July 11,1781.
? ? 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
?
112
THE LIFE OF
that a treaty should be negotiated between Great Britain
and the American colonies without the intervention of any
of the belligerent powers, but to be signed conjointly with
that of those powers, and that there should be a general
armistice for one year from a period to be defined. The
comments of the American minister stated that there
would be no objection to such a separate treaty, consist-
ent with their obligations to their allies, without the inter-
vention of any of the belligerents, or (unless demanded)
of the mediators. The conjoint signature was approved,
but the proposed armistice or a truce, as suggested by
Vergennes, was objected to except under two express pre-
liminary conditions:--the continuance of the subsisting
treaties until the acknowledgment of independence by
Great Britain, and the antecedent removal of the British
forces; and this truce was to be of sufficient duration to
imply a virtual relinquishment of the objects of the war,
and to be agreed to before the opening of another cam-
paign.
But the great question was stated to be, the acknowledg-
ment of independence; and "as the United States can
never consent that their independence shall be discussed
before any sovereign," it was suggested that if the impe-
rial courts would "lay down, as a preliminary, the sove-
reignty of the United States, and admit their minister to
a congress," a treaty might be commenced with Great
Britain, "without any express acknowledgment of sove-
reignty until the treaty should be concluded. " The reply
of Vergennes, addressed to Adams as agent of the United
States, represented the necessity of certain preliminaries
being adjusted before the American minister could be ad-
mitted to the congress. His answer, proceeding on the
supposition that it was intended to acknowledge the inde-
pendence of the American states, proposed "that the
character of their minister sholild be ascertained before
? ? 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.
113
any congress met, that he might take his place as soon as
it opened. . A second letter adverted to a most extraordi-
nary suggestion--that the separate states of America should
choose an agent foY each, to attend the congress. Adams
urged Vergennes not to countenance this idea, " apprising
him, that though it had been mentioned only as a tran-
sient speculation, that he felt it to be a duty to inform
him that congress would remonstrate against it in the
most solemn manner. " No other correspondence passed
upon this subject, but from the statement of La Lu-
zerne to congress, it appeared that England insisted upon
the dependence of America being pre-established, and
that thus there would be no possibility of a mediation for
peace.
Adams returned to Amsterdam, approved* and obeyed
his last instructions. In order to learn whether he should
visit the president of the states-general, he consulted
Vauguyon, observing "that congress had wisely enjoined
it upon him to confer in the most confidential manner
with his excellency, and that he had "made it a law to
take no important step without his approbation. " Vau-
guyon waited the orders of his principal, and informed
Adams that the minister " sees no objection to the visit on
the subject of his memorial, provided, without any official
writing, he limited himself to the inquiry, whether his
memorial had been the subject of deliberation, and what
answer he should communicate to congress. " The memo-
rial was referred for consideration; and after some delay--
after the capture of Cornwallis and the victories of Greene
had changed the British ministry, and peace was inevitable,
--France sanctioned his reception, and he was gratified by
a public acknowledgment. During these interesting mo-
ments, he received a letter from the secretary of foreign
6 D. C. 198.
15
? ? 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
? 114
THE LIFE OF
affairs disapproving his having printed his memorial, and
having urged his admission to court. His reply shows his
views of the effects of this measure,* and of the conse-
? John Adams to congreis. --6 Dip. Corres. 258. --" The proposition to the
president being taken ad referendum, it became a subject of the delibera-
tion of the sovereignty. The prince, therefore, and the whole court, are
legally bound to treat it with respect, and me with decency ; at least, it would
be criminal in them to treat me or the subject with indecency. If it had
not been presented and printed, I am very sure I could not long have resided
in the republic; and what would have been the consequence to the friends
of liberty, I know not. They were so disheartened and intimidated, and the
Anglomanes were so insolent, that no man can say that a sudden frenzy
might not have been excited among the soldiery and people, to demand a
junction with England, as there was in the year 1748. Such a revolution
would have injured America and her allies, have prolonged the war, and
have been the total loss and ruin of the republic.
"Immediately upon the presentation of my memorial, M. Van Berckel ven.
tnred to present his requite and demand for a trial. This contributed still
further to raise the spirits of the good people, and soon after the burgomasters
of Amsterdam appeared with their proposition for giving the prince a com-
mittee for a council, and in course their attack upon the duke; all which
together excited such an enthusiasm in the nation, and among the officers
of the navy, as produced the battle of the Doggerbank, which never would
have happened, in all probability, but would have been eluded by secret or-
ders and various artifices, if the spirit raised in the nation by the chain of
proceedings of which the American memorial was the first and an essential
link, had not rendered a display of the national bravery indispensable for the
honour of the navy, and perhaps for the safety of the court.
"The memorial as a composition, has very little merit; yet almost every
gazette in Europe has inserted it, and most of them with a compliment, none
without any criticism. When I was in Paris and Versailles afterwards, no
man ever expressed to me the smallest disapprobation of it, or the least appre-
hension that it could do any harm. On the contrary, several gentlemen of
letters expressed higher compliments upon it than it deserved. The king of
Sweden has done it a most illustrious honour, by quoting one of the most ma-
terial sentiments in it, in a public answer to the king of Great Britain; and the
emperor of Germany has since done the author of it the honour to desire in the
character of Count Falkenstein to see him, and what is more remarkable, ha>>
adopted the sentiments of it concerning religious liberty into a code of laws
for his dominions,--the greatest effort in favour of humanity, next to the
American revolution, which has been produced in the eighteenth century.
? ? 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.
115
quences of his firmness. It also discloses his indignation
at the influence which had been exerted against him,
charging expressly, that it was the design of the French
"As my mission to this republic was wisely communicated to the court of
Versailles, who can say that this transaction of congress had not some influ-
ence in bringing De Grasse into the Chesapeake Bay? Another thing I
ought to mention; I have a letter from Mr. Jay, informing me that ip the
month of June last, M. Del Campo was appointed by the court of Madrid to
treat with him; the exact time when my memorial appeared at Madrid.
You may possibly say, that my imagination and self-love carry me extraor-
dinary lengths; but when one is called upon to justify an action, one should
look all round. All I contend for is, that the memorial has certainly done
no harm; that it is probable it has done some good, and that it is possible
it has done much more than can be proved. A man always makes an awk-
ward figure when he is justifying himself and his own actions, and I hope I
shaJJ be pardoned. It is easy to say, ' il abonde trop dans son tens; il eft
twin et glorieux; U eft plein de liii-mime; il ne vpii que lui;' and other
modest things of that sort, with which even your Malcsherbes, your Turgots,
and Neckers, are sometimes sacrificed to very small intrigues.
"Your veterans in diplomacy and in affairs of state consider us as a kind
of militia, and hold us, perhaps, as is natural, in some degree of contempt;
but wise men know that militia sometimes gain victories over regular troops,
even by departing from the rules. Soon after I had presented the memorial,
I wrote to the Due de la Vauguyon upon the subject of inviting or admitting,
m concert, the republic to accede to the alliance between France and Ame-
rica. The duke transmitted that letter to the Count de Vergennes, which
produced the ofler to congress from the king, to assist us in forming a con.
? ection with the republic, and the instructions upon the subject, which I
shall execute as soon as the French ambassador thinks proper. With him it
bow lies, and with him, thank God, I have hitherto preserved a perfectly
good understanding, although I differed from him in opinion concerning the
point of time to make the former proposition.
"The evacuation of the barrier towns has produced an important commen.
tary upon the conversation I had with the duke, and his opinion upon that
occasion. How few weeks was it, after the publication of my memorial, that
the Roman emperor made that memorable visit to Brussels, Ostend, Bruges,
Antwerp, and all the considerable maritime towns in his provinces of Bra-
oant and Flanders? How soon afterwards his memorable journeys to Holr
land and to Paris? Was not the American memorial full of matter for the
emperor's contemplation, when he was at Ostend, Antwerp, and Bruges 1
Was it not full of matter, calculated to stimulate him to hasten his negotia-
? ? 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
? 116
THE LIFE OF
"to keep us dependent upon them, that we might be
obliged to accept such terms of peace as they should think
would do for us. "*
tions with France concerning the abolition of the barrier towns? Wai not
the same matter equally calculated to stimulate France to finish such an
agreement with him, as we have seen the evidence of in the actual evacua-
tion of those towns? If this evacuation is an advantage to France and to
America, as it undoubtedly is, by putting this republic more in the power of
France, and more out of a possibility of pursuing the system of Orange by
joining England, and my memorial is supposed to have contributed any thing
towards it, surely it was worth the while.
"The period since the 4th of May, 1781, has been thick sown with good
events, all springing out of the American revolution, and connected with the
matter contained in my memorial. The memorial of M. Van Berckel; the
proposition of the burgomasters of Amsterdam; their attack upon the duke
of Brunswick, and the battle of Doggerbank; the appointment of Sefior del
Campo to treat with Mr. Jay; the success of Colonel Laurens, in obtaining
orders for the French fleet to go upon the coast of America; their victory
over Graves, and the capture of Cornwallis; the emperor's journey to his
maritime towns, to Holland, and to Paris; his new regulations for encour-
aging the trade of his maritime towns; his demolition of the barrier fortifi-
cations; and his most liberal and sublime ecclesiastical reformation; and the
king of Sweden's reproach to the king of England for continuing the war,
in the very words of my memorial;--these traits are all subsequent to that
memorial, and they are too sublime and decisive proofs of the prosperity and
glory of the American cause, to admit the belief, that the memorial has done
it any material harm.
"By comparing facts, and events, and dates, it is impossible not to believe
that the memorial had some influence in producing some of them. When
courts, princes, and nations, have been long contemplating a great system
of affairs, and their judgments begin to ripen, and they begin to see how
things ought to go, and are going, a small publication, holding up these ob-
jects in a clear point of view, sometimes sets a vast machine in motion at
once, like the springing of a mine. What a dust we raise! said the fly upon
the chariot wheel. It is impossible to prove that this whole letter is not a
similar delusion to that of the fly. The councils of princes are enveloped
in impenetrable secrecy. The true motives and causes which govern their
actions, little or great, are carefully concealed. But I desire only that these
events may be all combined together, and then, that an impartial judge may
6 D. C. 395.
? ? 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.
117
At a dark period of the revolution, a few days after the
plot of Andre had been discovered, congress, acting upon
a proposition of the empress of Russia for the establish-
ment of an armed neutrality addressed to the belligerents,
empowered their commissioners to accede to its regula-
tions. *
It was hoped in this mode to induce the mediation of
Russia, and soon after Dana was accredited as minister at
that court. He was authorized to sign the convention for
the protection of neutral commerce, either with Russia in
conjunction with the other neutral powers, or separately
with either of them.
Dana apprised Franklin of his commission, who advised
its being communicated to Vergennes, and that his opinion
should be taken, whether it woulfl be proper to disclose
his powers to the court of St. Petersburg, and obtain their
approbation before he proceeded to Russia. From the
latter part of this advice he dissented, for reasons to which
Franklin assented; and though the conduct of Vergennes
satisfied him that it was the policy of France not to ren-
der the United States "independent" by new allies, he
proceeded on his mission.
His instructions indicated it as "a leading and capital
point, that the United States should be formally admitted
as a party to the convention of maritime powers," and
say, if he can, that he believes that that homely harmless memorial had no
share in producing any part of this great complication of good.
"But be all these speculations and conjectures as they will, the foresight
of which could not have been sufficiently clear to have justified the measure,
it is sufficient for me to say, that the measure was absolutely necessary and
unavoidable. I should have been contemptible and ridiculous without it. By
it I have secured to myself and my mission universal decency and respect,
though no open acknowledgment or avowal. I write this to you in confi-
dence; you may entirely suppress it, or communicate it in confidence, as you
judge for the public good. "
? October 5,1780.
? ? 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
? 118
THE l;pe of
directed him to communicate the general object of hw
mission to the resident envoy of France.
On arriving at St. Petersburg, he consulted that envoy,
who evinced a decided repugnance to the disclosure of
his objects or powers. As the fortunes of the United
States rose, repeated applications were made to him for
an introduction to the court. They were discouraged,
until at last--tied down by his instructions, and con-
vinced that, alone and unsustained, his reception would
be refused--he apprised congress of his position, and of
the necessity of douceurs to the Russian cabinet before
a negotiation could be opened. Thus, by the complicated
policy of France, America stood dumb before the powers
of Europe.
This letter of Dana Vas referred to a committee, of
which Madison was chairman. Though remote, yet
Hamilton saw the advantages of opening a commerce
with Russia, provided a treaty could be formed on equal
terms without bestowing presents. With this view, he
moved that Dana "be informed that the treaties lately
entered into for restoring peace, have caused such an al-
teration in the affairs of these states, as to have removed
the primary object of his mission to the court of Russia--
the acquisition of new supports to our independence. That
with respect to a commercial treaty with Russia, they
consider the benefits of it to this country in an extensive
degree as rather remote, and have therefore little present
inducement to enter into it besides a desire of cultivating
the friendship of that court, and preserving a consistency
with the disposition already manifested towards forming
a connection therewith; and also of laying the foundation
of a future intercourse, when the circumstances of the two
countries may be more favourable to the same. That as
experience will enable both nations to form a better judg-
ment hereafter of the principles upon which that inter-
? ? 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.
119
course may be most advantageously couducted, congress
would wish any treaty now formed to be of temporary
duration and limited to a fixed period. That in this
view, unless he shall have already formed engagements or
made proposals from which he cannot easily recede, of a
more indefinite and extensive nature before this reaches
him, he be instructed to confine the duration of the pro-
posed treaty of commerce to fifteen years, agreeable to
the term limited in a similar treaty with Sweden, and to
stipulate expressly that it should be subject to the revisal
of congress, and that in all matters he insist upon exact
reciprocity. " As to the proposed douceur, "that he be in-
formed, as by the confederation no person holding offices
under the United States are permitted to receive presents
from foreign powers, so it is not consistent with the situa-
tion or policy of these states to adopt that practice in their
transactions with other nations. " After two divisions,
one of which was on a modification of the prohibition of
douceurs at the instance of Madison, so as to permit the
payment of any that might have been stipulated, this mo-
tion failed.
On the following day, Madison proposed an instruction
to decline making any propositions for a treaty with Russia
unless Dana was pre-committed; and if so, to limit it to
fifteen years, omitting the prohibition of presents. This
was defeated, and a substitute offered by Elsworth, to
limit the duration of any treaty then in progress to fifteen
years, subject to revisal, passed unanimously.
The question of acceding to the armed neutrality had
been raised in the course of this debate by Hamilton.
He offered as an amendment this important declaratory
resolution:--
"That though congress approve the principles of the
armed neutrality founded on the liberal basis of a main-
tenance of the rights of neutral nations and of the pri-
? ? 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
? 120
THE LIFE or
vileges of commerce, yet they are unwilling, at this junc-
ture, to become a party to a confederacy which may here-
after too far complicate the interests of the United States
with the politics of Europe; and, therefore, if such a pro-
gress is not yet made in this business as may make it dis-
honourable to recede, it is their desire that no further
measures may be taken at present towards the admission
of the United States into that confederacy. " This amend-
ment was referred, and a report subsequently passed, which
stated, "that as the primary object of the proposed acces-
sion to the neutral confederacy no longer can operate, and
as the true interest of these states requires they should be
as little as possible entangled in the politics and controver-
sies of European nations," it was inexpedient to renew the
powers of Dana. -
It approved the liberal principles of that confederacy,
but directed the American commissioners, "in case they
should comprise in the definitive treaty (with Great Bri-
tain) any stipulations amounting to a recognition of the
rights of neutral nations, to avoid accompanying them by
any engagements which shall oblige the contracting parties
to support those stipulations by arms. " Thus it is seen
that at Hamilton's instance the great principle which
should be especially the governing maxim of a republic,
the principle of an absolute neutrality, was inscribed on the
front of our national councils. * It is an evidence of the
wisdom of this resolution, that each of the parties to the
armed neutrality entered into engagements within thirteen
years after its origin, in direct contravention of it.
France was still pursuing her system studiously. Va-
rious communications were made from time to time by La
* Madison, vol. 1, p. 454,460, docs not give these important proceedings
He merely refers to the secret journal, and adds that the passage relating to
the armed neutrality was generally concurred in, and assigns certain reasons
for the disagreements as to the treaty of commerce with Russia.
? ? 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.
