21, he says--"
Congress
seized the
first moment also for revoking their instruction to Mr.
first moment also for revoking their instruction to Mr.
Hamilton - 1834 - Life on Hamilton - v2
org/access_use#pd-google
? 94
THE LIFE OF
ment of the independence of America, and that such ac-
knowledgment must serve as a foundation for a treaty of
peace :"* well knowing that such an acknowledgment
would not be granted, but that a treaty with the United
States as an independent power would obviate all difficul-
ty. The answer of Adams contained the important sug-
gestion, that though such an overture should not be fol-
lowed by a treaty, it would operate beneficially by its
effect on the popularity of the English minister.
Vergennes had, in the interval, apprised him of the sail-
ing of the armament under De Ternay and Rochambeau.
This communication was acknowledged with thanks. It
was again adverted to by Adams in a subsequent letter,
and a reinforcement from the West Indies was suggested.
The tone of this letter gave great umbrage to Vergennes,
whose reply announced, "that Franklin being the only
person accredited to France, that with him only he ought
and could treat. "f This state of things rendering a longer
residence in Paris unpleasant, Adams passed on to Amster-
dam.
Copies of this correspondence were sent by Vergennes
to Franklin, with directions to transmit them to congress.
He enclosed them in a letter commenting on the course
of Adams, stating, "thatJ he thinks, as he tells me, that
America has been too free in expressions of gratitude to
France; for that she is more obliged to us than we are to
her, and that we should show spirit in our applications. "
Despatches from Jay were received late in the year.
They represented that all the letters which were addressed
to him were opened, that the assurances of aid were not
fulfilled, and expressed a strong suspicion that it was the
policy of France? so to manage, that the United States
? 5 D. C. 287. t 5 D. C. 305. --July 27,1780. t 3 D. C. 164.
? Novembers, 1780. --Jay writes to Gouverneur Morris: "The French
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? HAMILTON. 95
and Spain should be debtors to her for any concession
either nation should make to the other. * i
On the fourth of Octoberf congress acted upon this
letter, and upon certain instructions from Virginia. They
resolved unanimously to insist upon the right of the Uni-
ted States to the navigation of the Mississippi, into and
from the sea; to require a free port at its outlet, if the un-
limited freedom of its navigation could not be had below
their southern limits; and "to adhere strictly to the bounda-
ries as already fixed by them. "
Instructions;]: to this effect were sent to Jay, with a
statement drawn up by Madison, enforcing at length the
claims of the United States to all the territory east of that
river, insisting that, as it was embraced within the charters
of particular states, it could not be relinquished by con-
gress without embarrassment, and vindicating their right
to the navigation of that river to the ocean.
No progress was made in the negotiations at Madrid;
every effort to obtain aid was unsuccessful; every approach
to a direct engagement was met with a frivolous pretext.
No support was obtained from the resident minister of
France at that court, and a formal annunciation was made
to Jay, that no money was to be expected, " and that that
which would have facilitated a far-advanced negotiation,
was likely to produce no effect, in a great measure through
the undermining of some persons of rank in France. "^
Relying on the assurances of Spain, large drafts had
been accepted, and strong representations were made to
induce her to pay them. They failed, and the American
envoy was at the same time told that the navigation of the
Mississippi would never be relinquished. ||
ambassador here has excellent intelligence from your city. I know but little
of what passes among you. "--Jay's Life, vol. 1, p. 114.
* 7 D. C. 218, 220. 11780. 12 S. J. 326. ? 7 D. C. 363.
| 7 D. C. 369
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Thus far, the foreign policy of the United States had
been directed by a spirit in congress worthy their cause
and their prospective greatness.
Though their seaboard was harassed, their cities cap-
tured, their interior ravaged by a double foe, the same
constancy which had repelled with hasty levies of militia
the advances of well-appointed armies, was yet manifested
by the states north of the Potomac. No impression had
been made on the mind of their people.
Defeated in her efforts to subdue these states, England
resolved to direct her arms against the south. Charles-
ton fell; and though Marion and Clarke, with the hardy
inhabitants of the upper country, were yet formidable,
Camden witnessed the incapacity and the retreat of Gates.
Georgia is seen in vain imploring succour, and Jefferson
was trembling for Virginia.
This was the moment chosen by the ministry of France
to press interests other than those of the United States.
They had recently concluded a treaty with Spain, who
had refused to join the alliance without the guarantee
of an exclusive right to the navigation of the Mississippi
and to the region west of the Alleghanies. Their partisans
in congress had increased in number. The delegates from
Georgia and South Carolina were yielding to the appre-
hensions they had excited, and it only required the con-
currence of Virginia to attain their object.
Among the members from New-England and New-
York, there was not one at this time of eminent ability.
Gouverneur Morris, after the passage of the instructions
which he had framed, retired from congress, and early in
this year Madison had taken his seat in that body. Put
forward and sustained by Jefferson and Edmund Ran-
dolph, with whom he was in close correspondence, and
representing Virginia, he became the leader of the southern
vote, with the exception of that of his colleague, Bland. .
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? n A. M I L T O N.
97
Strong as the disposition may have been to gratify the
wishes of France in other respects, the navigation of the
Mississippi was too important to Virginia to be safely
relinquished by any of her public men. But at this mo-
ment an event happened, which enabled France to accom-
plish one of the favourite objects of her European ally.
Early in October intelligence was received of a con-
templated embarcation from New-York, and on the twen-
ty-fifth of that month, Portsmouth was in possession of
the British,* who left the Chesapeake at the end of No-
vember.
On the ninth of December, Washington announced to
Jefferson, then Governor of Virginia, that a second em-
barcation " of a body of refugees," was about taking place
at New-York, supposed to be destined for the south.
A part of their force was dispersed in a storm; the residue,
nine hundred strong, arrived in the Chesapeake on the
thirtieth of that month, whence they proceeded up the
James river, under a convoy.
The news of their approach reached Richmond the
following day; where, notwithstanding the previous no-
tice, only two hundred militia had been embodied. Even
this force, posted on the succession of strong and wooded
hills which, separated by obstructing creeks, there pierce
the river, might have repulsed the enemy, flanked with
only thirty cavalry, and without a single piece of artillery.
But no resistance was offered--not a gun was fired--not
a life was lost. The governor and legislature fled before
the traitor Arnold. On the fifth of January, he took pos-
session of Richmond, seized a part of the archives, burnt
the magazines, and retired unmolested.
Jefferson then returned to his undefended capital. A
motion was made for his impeachment at the next session
>> Jefferson's Works, vol. 1, 188.
13
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? 08
THE LIFE OF
of the legislature. He declined a re-election as governor,
while the motion was pending, and while the enemy were
yet in possession of a part of the state. At the time his
conduct was a subject of inquiry, a party under Tarleton
approached. The governor, and the legislature then sit-
ting at Charlottesville, again fled far into the interior; and
in the succeeding winter, at the instanpe of a mutual friend,
the impeachment was withdrawn; and the house, softened
by his submission, relieved from his government by the
election of General Nelson, a man of courage, and from
future apprehension by the capture of Yorktown, passed
a healing vote of approbation. * f
On the very day J that the legislature abandoned Rich-
mond, a resolution was adopted in relation to the Missis-
sippi. It was enclosed to congress by Jefferson, at that
time in correspondence with Marbois, the French secre-
tary of legation, at whose instance he was embodying his
"Notes upon Virginia. " By this resolution, after ceding
"her lands northwest of the Ohio, to be formed into re-
publican states and sold as a common fund for the use of
the union"--a cession which she had refused, and which it
has been seen by her subsequent protest, and requiring a
guarantee, she for a long time rendered of no effect--Vir-
ginia resolved, "that the navigation of the-Mississippi
? 4 Marshall's Washington, 387 1 Jefferson's Works, 200: Lee's obser-
vations on do. , 119, 140.
t In a defence of Jefferson, published in Virginia, September 19, 1800, it
is stated, that a committee was appointed on the 26th November, 1781, to
state any charges and receive such information as may be offered respecting
the administration of the late executive. On the day appointed for the in-
quiry, Jefferson took his seat as one of the delegates. The member who
moved the investigation absented himself, and the committee reported, "no
information being offered on the subject matter except rumours," their opin-
ion that those rumours were groundless; and passed a resolution " to obviate
all future, and remove all former, unmerited censure. "
t January 2d, 1781.
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? 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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? HAMILTON.
103
It has been seen that Adams had been driven with in-
dignity from Paris. Apprehensive of his resentment, and
of the influence which his suspicions and those of Dana as
to the policy of France might have upon their conduct at
a moment when indications were given of a desire on the
part of Great Britain to terminate the contest, it became
important to France to exercise over them an absolute
control.
The instructions to Adams, penned by Gouverneur Mor-
ris, had directed him to govern himself by the alliance of the
United States with France--"by the advice of our allies, by
his knowledge of our interests, and by his own discretion. "
To correct what France deemed an error in these in-
structions, the French minister having on the seventh of
May, at the earnest entreaties of Virginia, despatched a
fleet to the Chesapeake under Destouches, sought a con-
ference with congress. After stating that the appointment
of Dana was premature, and the opinion of the council
that he ought not to make any use of his powers at this
moment, " lest the dignity of the country should suffer by
his being refused," he proceeded to comment on the
conduct of Adams. He stated "circumstances to prove
the necessity" of a line "being drawn" of which Adams
might not be allowed to lose sight, and dwelt especially
on the use which he thought he had a right to make of his
powers to treat with Great Britain. He then added, that
"if congress put any confidence in the king's friendship
and benevolence, they would be impressed with the neces-
sity of prescribing to their plenipotentiary a perfect and
open confidence in the French minister, and a thorough re-
liance on the king; and would direct him to take no step
without the approbation of his majesty" and as to the man-
ner of executing his instructions, "to receive his directions
from the Count de Vergennes. " This conference was fol-
lowed by the annunciation, while the instructions were
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? 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.
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? 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
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? 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.
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? 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.
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? 108
THE LIFE OF
The insuperable obstacle on the part of Great Britain,
it had been fully ascertained, was a preliminary acknow-
ledgment of independence. This original ultimatum re-
quired* it as a preliminary article to any negotiation,
that Great Britain shall agree to treat with the United
States "as sovereign, free, and independent. " Thus all
possibility of exercising his powers by Adams would have
been prevented. That such was the object of this motion,
and not the securing a preliminary acknowledgment, must
be inferred from the fact that the mover of the resolution
voted for the instructions of the fifteenth of June, by which
this previous acknowledgment of independence was waived,
and it was to become merely an article of treaty.
This last motion was rejected, three states voting for it. f
Baffled in this effort to interpose an impassable barrier to
all direct negotiation with England, the only alternative
that remained, was to withdraw his powers to form a
treaty, and at the instanee of Madison the commission to
Adams was revoked. J
Having succeeded in obtaining the entire control of the
negotiation for peace, and, by the revocation of the powers
granted to Adams, having closed the door upon Great
Britain, it might have been supposed that France would
have felt herself secure; but she still saw cause of appre-
hension. Adams was in Holland, England was represent-
ed at the Hague, and it was impossible to foresee the con-
sequences of a negotiation being opened between them.
These were to be prevented.
On his arrival at Amsterdam, Adams suggested the im-
portance of maintaining an official agent there, and he was
* 2 S. J. 225
t Connecticut, Virginia, and North Carolina--(Elsworth, Bland, and
Smith, dissenting. )
t July 23, 1781 j vol. 4, No. 36, state department; Madison seconded by
Sharpe.
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? HAMILTON.
109
empowered to negotiate a loan; he soon after intimated
the advantages to be derived from a resident embassy at
the Hague. The suggestion was approved, and he was
commissioned as minister plenipotentiary to the United
Provinces.
As early as seventeen hundred and seventy-eight, the
regency of Amsterdam had evinced a disposition to enter
into commercial regulations with America. They applied
to the states-general for a convoy to vessels carrying naval
stores to France, and protested against a refusal of it.
This gave a pretext to that nation to announce to them
"the necessity of protecting their commerce, in order to
enjoy the privileges of neutrality. " This was not done,
and a rescript was issued by France excluding Holland
from those privileges, and interdicting a part of her pro-
ductions. These decisive measures produced the intended
effect, and a naval force was directed by the states-general
to be equipped for that purpose.
Soon after, an American squadron under the command
of Paul Jones entered the Texel with several prizes. He
was ordered to leave the waters of Holland. While there,
an address was presented by the British minister, demand-
ing the seizure of the king's vessels in the hands of a
"pirate and an outlaw. " This demand was not acceded
to, but Jones was again, commanded to sail. Having re-
fused with great indignation the offer from the French
ambassador of a letter of marque, he departed.
But a short time elapsed when a plan of a treaty with
the United States was framed by the authorities at Am-
sterdam. This drew an angry remonstrance from England.
Measures of defence were taken by that city; orders in
council were issued by Great Britain for hostilities, and St.
Eustatia was captured. Adams resolved to seize upon this*
moment to make an impression. He addressed letters to
the envoys of Russia, Denmark, and Sweden, announcing
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THE LIFE OF
the resolution of congress concurring with the regulations
of the "marine treaty," and at the same moment asked of
the French ambassador the Duke de la Vauguyon to aid
him. The former did not answer his letters; the latter stated
that he had no instructions on the subject. Relying on the
support of several of the provinces, he presented a memorial
to the states-general, and urged his reception at the Hague.
He was discountenanced by Vauguyon, and was refused.
In a conference between La Luzerne and congress, they
were informed that,* " on being apprised of the intention
of Mr. Adams to display his character as a minister, the
duke gave him no assistance on that occasion, knowing the
application would have no favourable issue. "
The perseverance of Adams alarmed Vergennes, and
within a few days after his powers to form a commercial
treaty with Great Britain had been revoked, the French
ambassador appeared again before congress. He stated
the accession of Holland to the armed neutrality, the hos-
tile acts of Great Britain, the opinion of the council of
his king that a "prudent and able man"f should be sent to
Holland with full powers; that it would likewise be advan-
tageous to give proper instructions to that minister, and as
it is impossible at this distance to have quick information,
it would be proper to have further instructions given by
Dr.
? 94
THE LIFE OF
ment of the independence of America, and that such ac-
knowledgment must serve as a foundation for a treaty of
peace :"* well knowing that such an acknowledgment
would not be granted, but that a treaty with the United
States as an independent power would obviate all difficul-
ty. The answer of Adams contained the important sug-
gestion, that though such an overture should not be fol-
lowed by a treaty, it would operate beneficially by its
effect on the popularity of the English minister.
Vergennes had, in the interval, apprised him of the sail-
ing of the armament under De Ternay and Rochambeau.
This communication was acknowledged with thanks. It
was again adverted to by Adams in a subsequent letter,
and a reinforcement from the West Indies was suggested.
The tone of this letter gave great umbrage to Vergennes,
whose reply announced, "that Franklin being the only
person accredited to France, that with him only he ought
and could treat. "f This state of things rendering a longer
residence in Paris unpleasant, Adams passed on to Amster-
dam.
Copies of this correspondence were sent by Vergennes
to Franklin, with directions to transmit them to congress.
He enclosed them in a letter commenting on the course
of Adams, stating, "thatJ he thinks, as he tells me, that
America has been too free in expressions of gratitude to
France; for that she is more obliged to us than we are to
her, and that we should show spirit in our applications. "
Despatches from Jay were received late in the year.
They represented that all the letters which were addressed
to him were opened, that the assurances of aid were not
fulfilled, and expressed a strong suspicion that it was the
policy of France? so to manage, that the United States
? 5 D. C. 287. t 5 D. C. 305. --July 27,1780. t 3 D. C. 164.
? Novembers, 1780. --Jay writes to Gouverneur Morris: "The French
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? HAMILTON. 95
and Spain should be debtors to her for any concession
either nation should make to the other. * i
On the fourth of Octoberf congress acted upon this
letter, and upon certain instructions from Virginia. They
resolved unanimously to insist upon the right of the Uni-
ted States to the navigation of the Mississippi, into and
from the sea; to require a free port at its outlet, if the un-
limited freedom of its navigation could not be had below
their southern limits; and "to adhere strictly to the bounda-
ries as already fixed by them. "
Instructions;]: to this effect were sent to Jay, with a
statement drawn up by Madison, enforcing at length the
claims of the United States to all the territory east of that
river, insisting that, as it was embraced within the charters
of particular states, it could not be relinquished by con-
gress without embarrassment, and vindicating their right
to the navigation of that river to the ocean.
No progress was made in the negotiations at Madrid;
every effort to obtain aid was unsuccessful; every approach
to a direct engagement was met with a frivolous pretext.
No support was obtained from the resident minister of
France at that court, and a formal annunciation was made
to Jay, that no money was to be expected, " and that that
which would have facilitated a far-advanced negotiation,
was likely to produce no effect, in a great measure through
the undermining of some persons of rank in France. "^
Relying on the assurances of Spain, large drafts had
been accepted, and strong representations were made to
induce her to pay them. They failed, and the American
envoy was at the same time told that the navigation of the
Mississippi would never be relinquished. ||
ambassador here has excellent intelligence from your city. I know but little
of what passes among you. "--Jay's Life, vol. 1, p. 114.
* 7 D. C. 218, 220. 11780. 12 S. J. 326. ? 7 D. C. 363.
| 7 D. C. 369
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THE LIFE OF
Thus far, the foreign policy of the United States had
been directed by a spirit in congress worthy their cause
and their prospective greatness.
Though their seaboard was harassed, their cities cap-
tured, their interior ravaged by a double foe, the same
constancy which had repelled with hasty levies of militia
the advances of well-appointed armies, was yet manifested
by the states north of the Potomac. No impression had
been made on the mind of their people.
Defeated in her efforts to subdue these states, England
resolved to direct her arms against the south. Charles-
ton fell; and though Marion and Clarke, with the hardy
inhabitants of the upper country, were yet formidable,
Camden witnessed the incapacity and the retreat of Gates.
Georgia is seen in vain imploring succour, and Jefferson
was trembling for Virginia.
This was the moment chosen by the ministry of France
to press interests other than those of the United States.
They had recently concluded a treaty with Spain, who
had refused to join the alliance without the guarantee
of an exclusive right to the navigation of the Mississippi
and to the region west of the Alleghanies. Their partisans
in congress had increased in number. The delegates from
Georgia and South Carolina were yielding to the appre-
hensions they had excited, and it only required the con-
currence of Virginia to attain their object.
Among the members from New-England and New-
York, there was not one at this time of eminent ability.
Gouverneur Morris, after the passage of the instructions
which he had framed, retired from congress, and early in
this year Madison had taken his seat in that body. Put
forward and sustained by Jefferson and Edmund Ran-
dolph, with whom he was in close correspondence, and
representing Virginia, he became the leader of the southern
vote, with the exception of that of his colleague, Bland. .
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? n A. M I L T O N.
97
Strong as the disposition may have been to gratify the
wishes of France in other respects, the navigation of the
Mississippi was too important to Virginia to be safely
relinquished by any of her public men. But at this mo-
ment an event happened, which enabled France to accom-
plish one of the favourite objects of her European ally.
Early in October intelligence was received of a con-
templated embarcation from New-York, and on the twen-
ty-fifth of that month, Portsmouth was in possession of
the British,* who left the Chesapeake at the end of No-
vember.
On the ninth of December, Washington announced to
Jefferson, then Governor of Virginia, that a second em-
barcation " of a body of refugees," was about taking place
at New-York, supposed to be destined for the south.
A part of their force was dispersed in a storm; the residue,
nine hundred strong, arrived in the Chesapeake on the
thirtieth of that month, whence they proceeded up the
James river, under a convoy.
The news of their approach reached Richmond the
following day; where, notwithstanding the previous no-
tice, only two hundred militia had been embodied. Even
this force, posted on the succession of strong and wooded
hills which, separated by obstructing creeks, there pierce
the river, might have repulsed the enemy, flanked with
only thirty cavalry, and without a single piece of artillery.
But no resistance was offered--not a gun was fired--not
a life was lost. The governor and legislature fled before
the traitor Arnold. On the fifth of January, he took pos-
session of Richmond, seized a part of the archives, burnt
the magazines, and retired unmolested.
Jefferson then returned to his undefended capital. A
motion was made for his impeachment at the next session
>> Jefferson's Works, vol. 1, 188.
13
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? 08
THE LIFE OF
of the legislature. He declined a re-election as governor,
while the motion was pending, and while the enemy were
yet in possession of a part of the state. At the time his
conduct was a subject of inquiry, a party under Tarleton
approached. The governor, and the legislature then sit-
ting at Charlottesville, again fled far into the interior; and
in the succeeding winter, at the instanpe of a mutual friend,
the impeachment was withdrawn; and the house, softened
by his submission, relieved from his government by the
election of General Nelson, a man of courage, and from
future apprehension by the capture of Yorktown, passed
a healing vote of approbation. * f
On the very day J that the legislature abandoned Rich-
mond, a resolution was adopted in relation to the Missis-
sippi. It was enclosed to congress by Jefferson, at that
time in correspondence with Marbois, the French secre-
tary of legation, at whose instance he was embodying his
"Notes upon Virginia. " By this resolution, after ceding
"her lands northwest of the Ohio, to be formed into re-
publican states and sold as a common fund for the use of
the union"--a cession which she had refused, and which it
has been seen by her subsequent protest, and requiring a
guarantee, she for a long time rendered of no effect--Vir-
ginia resolved, "that the navigation of the-Mississippi
? 4 Marshall's Washington, 387 1 Jefferson's Works, 200: Lee's obser-
vations on do. , 119, 140.
t In a defence of Jefferson, published in Virginia, September 19, 1800, it
is stated, that a committee was appointed on the 26th November, 1781, to
state any charges and receive such information as may be offered respecting
the administration of the late executive. On the day appointed for the in-
quiry, Jefferson took his seat as one of the delegates. The member who
moved the investigation absented himself, and the committee reported, "no
information being offered on the subject matter except rumours," their opin-
ion that those rumours were groundless; and passed a resolution " to obviate
all future, and remove all former, unmerited censure. "
t January 2d, 1781.
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? 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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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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? HAMILTON.
103
It has been seen that Adams had been driven with in-
dignity from Paris. Apprehensive of his resentment, and
of the influence which his suspicions and those of Dana as
to the policy of France might have upon their conduct at
a moment when indications were given of a desire on the
part of Great Britain to terminate the contest, it became
important to France to exercise over them an absolute
control.
The instructions to Adams, penned by Gouverneur Mor-
ris, had directed him to govern himself by the alliance of the
United States with France--"by the advice of our allies, by
his knowledge of our interests, and by his own discretion. "
To correct what France deemed an error in these in-
structions, the French minister having on the seventh of
May, at the earnest entreaties of Virginia, despatched a
fleet to the Chesapeake under Destouches, sought a con-
ference with congress. After stating that the appointment
of Dana was premature, and the opinion of the council
that he ought not to make any use of his powers at this
moment, " lest the dignity of the country should suffer by
his being refused," he proceeded to comment on the
conduct of Adams. He stated "circumstances to prove
the necessity" of a line "being drawn" of which Adams
might not be allowed to lose sight, and dwelt especially
on the use which he thought he had a right to make of his
powers to treat with Great Britain. He then added, that
"if congress put any confidence in the king's friendship
and benevolence, they would be impressed with the neces-
sity of prescribing to their plenipotentiary a perfect and
open confidence in the French minister, and a thorough re-
liance on the king; and would direct him to take no step
without the approbation of his majesty" and as to the man-
ner of executing his instructions, "to receive his directions
from the Count de Vergennes. " This conference was fol-
lowed by the annunciation, while the instructions were
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? 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.
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? 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
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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.
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? 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.
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The insuperable obstacle on the part of Great Britain,
it had been fully ascertained, was a preliminary acknow-
ledgment of independence. This original ultimatum re-
quired* it as a preliminary article to any negotiation,
that Great Britain shall agree to treat with the United
States "as sovereign, free, and independent. " Thus all
possibility of exercising his powers by Adams would have
been prevented. That such was the object of this motion,
and not the securing a preliminary acknowledgment, must
be inferred from the fact that the mover of the resolution
voted for the instructions of the fifteenth of June, by which
this previous acknowledgment of independence was waived,
and it was to become merely an article of treaty.
This last motion was rejected, three states voting for it. f
Baffled in this effort to interpose an impassable barrier to
all direct negotiation with England, the only alternative
that remained, was to withdraw his powers to form a
treaty, and at the instanee of Madison the commission to
Adams was revoked. J
Having succeeded in obtaining the entire control of the
negotiation for peace, and, by the revocation of the powers
granted to Adams, having closed the door upon Great
Britain, it might have been supposed that France would
have felt herself secure; but she still saw cause of appre-
hension. Adams was in Holland, England was represent-
ed at the Hague, and it was impossible to foresee the con-
sequences of a negotiation being opened between them.
These were to be prevented.
On his arrival at Amsterdam, Adams suggested the im-
portance of maintaining an official agent there, and he was
* 2 S. J. 225
t Connecticut, Virginia, and North Carolina--(Elsworth, Bland, and
Smith, dissenting. )
t July 23, 1781 j vol. 4, No. 36, state department; Madison seconded by
Sharpe.
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? HAMILTON.
109
empowered to negotiate a loan; he soon after intimated
the advantages to be derived from a resident embassy at
the Hague. The suggestion was approved, and he was
commissioned as minister plenipotentiary to the United
Provinces.
As early as seventeen hundred and seventy-eight, the
regency of Amsterdam had evinced a disposition to enter
into commercial regulations with America. They applied
to the states-general for a convoy to vessels carrying naval
stores to France, and protested against a refusal of it.
This gave a pretext to that nation to announce to them
"the necessity of protecting their commerce, in order to
enjoy the privileges of neutrality. " This was not done,
and a rescript was issued by France excluding Holland
from those privileges, and interdicting a part of her pro-
ductions. These decisive measures produced the intended
effect, and a naval force was directed by the states-general
to be equipped for that purpose.
Soon after, an American squadron under the command
of Paul Jones entered the Texel with several prizes. He
was ordered to leave the waters of Holland. While there,
an address was presented by the British minister, demand-
ing the seizure of the king's vessels in the hands of a
"pirate and an outlaw. " This demand was not acceded
to, but Jones was again, commanded to sail. Having re-
fused with great indignation the offer from the French
ambassador of a letter of marque, he departed.
But a short time elapsed when a plan of a treaty with
the United States was framed by the authorities at Am-
sterdam. This drew an angry remonstrance from England.
Measures of defence were taken by that city; orders in
council were issued by Great Britain for hostilities, and St.
Eustatia was captured. Adams resolved to seize upon this*
moment to make an impression. He addressed letters to
the envoys of Russia, Denmark, and Sweden, announcing
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THE 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.
