Referring
to a former letter, Adams
stated, " that when he hinted that he thought an express
acknowledgment of independence might now be insisted
on, he did not mean that we should insist upon such an
article in the treaty.
stated, " that when he hinted that he thought an express
acknowledgment of independence might now be insisted
on, he did not mean that we should insist upon such an
article in the treaty.
Hamilton - 1834 - Life on Hamilton - v2
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? 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.
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? 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.
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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-
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? 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-
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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.
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? HAMILTON.
121
Luzerne, the objects of which were to prepare congress for
such concessions as it might be her policy to require. In
one instance they were informed that if she did not obtain
"for every state" all they wished, the sacrifice must be
ascribed to necessity; and he expressed " his satisfaction at
the extensive powers with which the ministers are invested
as to the matter of boundary and the truce, which, he
said, "the interests of France as well as of the United
States, require to be as long as possible. " They were sub-
sequently reminded of the consequences to be apprehended
from the rejection of "reasonable terms. " Massachusetts
understood this language, and on the twenty-seventh of
October, seventeen hundred and eighty-one, instructed her
delegates "in a future settlement of peace to insist" upon
the fisheries. This act was referred* the following month.
A report was then prepared by Madison,f containing
new instructions to the American commissioners. By this
report the previous territorial limits were to be insisted
upon. As the common right of fishery was an attribute
of sovereignty, France was urged to obtain a stipulation
in favour of it, but if not attainable, by no means to sur-
render it. It required that there should be no engage-
ment for the restitution of confiscated property, nor for
the return of fugitives or exiles, as "any such stipulation
would not only be dishonourable to the governments of
these states, but obnoxious to the people at large. "
"It is not," it added, "unworthy of the circumspection
of his most christian majesty, to reflect whether the resto-
ration of those persons may not produce an unequal compe-
tition with his subjects, in trade. Many among them, be-
sides the advantage which they possess from the know-
ledge of our language, have accurately informed themselves
* To Madison, Carroll, and Lovell.
t Vol. 1, No. 20, MSS. in department of state.
16'
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? 122 THE LIFE OF
of the nature of our commerce from actual experience. "
And it proposed, "that no stipulation should be admitted
limiting the power of the United States to impose restric-
tions on British commerce, assigning as the motive, that
this power " alone will leave to his allies the future oppor-
tunity of manifesting their preference of his interests to
those of his enemies and rivals. "
This report was amended,* and on the eighth of Janu-
ary following was laid before the house. Having admitted
that the fisheries and other claims of the United States
were not to be included in the ultimatum, it instructed
their ministers "to acquaint his most christian majesty,
that, notwithstanding the occasion presented to the United
States by the signal and various advantages gained over
the enemy, of enlarging their ultimatum for peace, the
firm reliance which congress have on the friendship and
influence of his majesty, has determined them not to de-
part from their (previous) resolution, by which all the ob-
jects of their desires and expectations, excepting only the
independence of the United States and their alliance with
his majesty, are eventually submitted to his councils. But
in order to make him more fully sensible of the extent and
foundation of these desires and expectations, have thought
it expedient that some observations should be made to him
relative to the several objects which are most likely to fall
within the compass of negotiation. "
The objects were then stated. They were the bounda-
ries--the fisheries--the exclusion of any provision for the
restoration of confiscated property. Again adducing as the
motive, that it will leave his allies the future opportunity of
manifesting their preference of his interests to those of his
enemies and rivals, " Congress," it declared, "do for these
reasons, most earnestly desire, expect, and entreat," that his
? 3 S. J. 151. --1782. Madison, Lovell, Carroll.
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? HAMILTON.
123
majesty will spare no effort to exclude any restraint upon
the United States from imposing on the trade of Great
Britain any duties, restrictions, or prohibitions, which may
hereafter be judged expedient, unless, and so far only, as
a relaxation in this point may be essentially necessary for
obtaining peace or the several objects above mentioned.
The views of the French ministry, and the nature and
extent of their influence, are also shown in a despatch from
Marbois, then secretary of the French legation, dated at
Philadelphia, on the thirteenth of March, seventeen hun-
dred and eighty-two. * It stated "that a delegate from
congress, lately arrived in Carolina, has, it is said, been
chosen governor. He has communicated to the persons
of most influence in this state the ultimatum of the month
of last, who approved of the clauses in general, and
particularly that one which leaves the king master of the
terms of the treaty of peace or truce, excepting indepen-
dence and treaties of alliance. A delegate from South
Carolina told me that this ultimatum was equally well
known to persons of note in this state, and this had given
entire satisfaction there. It is the same with regard to
several other states; and I believe I may assure you, upon
the testimony of several delegates, that this measure is ap-
proved by a great majority. "
It apprised the court of the excitement in Massachusetts
as to the fisheries, and suggested, as a means of preventing
the success of the advocates of them, that the king should
cause "his surprise to be intimated to congress or to the
* Madison observes: "Marbois lately took occasion in our family to com-
plain of ungenerous proceedings of the British against individuals, as well as
against their enemies at large; and finally signified that he was no stranger
to the letter transmitted to congress, which he roundly averred to be spuri-
ous. "--Madison Papers, vol. 1, p. 531. See Life of Jay, vol. 1, p. 146, which
states that "he acknowledged it to be his," to "a gentleman employed in
the foreign service of the United States. "
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? 124
THE LIFE OF
ministers that the Newfoundland fisheries have been in-
cluded in the new instructions; that the United States
set forth pretensions without paying regard to the king's
rights, and without considering the impossibility they
are under of making conquests and keeping what belongs
to Great Britain. A declaration that France was not bound
as to the other fisheries was urged, while New-York, Charles-
ton, and Penobscot, were in the enemy's hands;--"our allies
will be less tractable than ever upon these points whenever
they recover these important posts. " "There are some ju-
dicious per sons to whom one may speak of giving up the
fisheries, and the (lands) of the west, for the sake of peace.
The advocates for peace are those who live in the country.
The inhabitants of towns do not wish for it; but it is a happy
circumstance that this division is nearly equal in the con-
gress and among the states, since our influence can incline
the beam either for peace or war, whichever way we clwose. "
The intelligence of the capture of Yorktown, had deter-
mined the British ministry to renew their efforts to nego-
tiate directly with the United States. A letter* was ad-
dressed to Franklin by David Hartley, after a conference
with Lord North, suggesting, as general grounds of a pro-
posed negotiation tending towards peace under liberal con-
structions, that "the question of dependence or indepen-
dence should remain sub-silentio and for a separate treaty.
Franklin's reply treated with just indignation the idea of a
separate peace, and quoted the treaty of alliance with
France, stating that the "great difficulty may be easily got
over, as a. formal acknowledgment of our independence is not
made necessary. "f
Another agent was despatched for a similar purpose to
Adams, who opposed all idea of a truce, adding, that the
powers of the commissioners were known.
? December, 1781. t 3 D. C. 284.
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? HAMILTON.
125
Lord North, whose object was represented to have been
to draw the United States into a separate negotiation,
and thus to excite the distrust of France, resigned. An
overture was then made* by his successors through Lord
Cholmondelly; and a letter was written by Franklin to
Lord Shelburne, conveying his wishes for a general peace.
This induced the mission of Richard Oswald to Paris,
by whom an interview was had with Franklin and Ver-
gennes, in which the readiness to enter into a joint nego-
tiation by all the allies for a general peace was avowed.
A similar overture was at the same time made to Adams,
in which it was inquired, "whether there was any authori-
ty to treat of a separate peace; and, whether there could
be any accommodation upon any terms short of inde-
pendence. " He replied "that a tacit or express acknow-
ledgment of independence- was indispensable," and "that
no treaty could be made separate from France. " Franklin,
alluding to this letter, intimated that from a recent "act"
as to prisoners, it will be less difficult for them to acknow-
ledge it expressly.
Referring to a former letter, Adams
stated, " that when he hinted that he thought an express
acknowledgment of independence might now be insisted
on, he did not mean that we should insist upon such an
article in the treaty. If they make a peace with the
United States of America, this is acknowledgment enough
for me. "
Oswald was followed by Grenville. His first commis-
sion was merely to treat with France; a second was ob-
tained, extending his powers to "any other prince or
state," with instructions to propose the independence of
the United States in the first instance, and "not as" a con-
dition of a general treaty.
At this moment the Rockingham ministry was broken
<< April 14, 1782.
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? 126 THE LIFE OF
up. Fox and his friends, who had advised the preliminary
acknowledgment of independence, resigned, and Lord
Shelburne, who, in conformity with the feelings of the
king, had opposed it, took the first place in the cabinet.
Acting upon his previous policy, Shelburne declared in the
house of lords, " that whenever parliament should acknow-
ledge the independence of America, the sun of England's
glory was set' forever. "
As this acknowledgment became the vital question in
the negotiation, it is necessary to advert to previous cir-
cumstances. It has been seen that Franklin had not con-
sidered this as a preliminary to be insisted upon, acting
in obedience to the instructions of the fifteenth of June,
seventeen hundred and eighty-one, dictated by France.
When those instructions were received by him, in his let-
ter to the president of congress, after stating* "the satis-
faction of Vergennes with the unreserved confidence in
his court," and his assurance that it would not be abused,
he observed, " that I cannot but think the confidence well
and judiciously placed, and that it will have happy effects. "
A not less decided approval of this commission was
expressed by Adams; he accepted it with satisfaction, de-
claring that he thought " it a measure essentially right;
that it was a demonstration of greater respect to the
powers of Europe, and must be more satisfactory to the
people of America than any former one. "f
What his actual opinions as to France were, it is not
easy to judge. He declared " that France was the natu-
ral friend of the United States, America the natural friend
of France; that England was the natural enemy of France,
and therefore of the United States. "J But he also stated,
"that to form immediate commercial connections with that
? 3 D. C. 236.
+ 6 D. C. 160-2. --October 4,1781.
X 5 D. C. 105.
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? HAMILTON.
127
half of Europe which ever has been, and with little varia-
tion ever will be, opposite to the house of Bourbon, is a
fundamental maxim of that system of American politics
which I have pursued invariably since the beginning of
this war. "* He avowed that " every suspicion of a wa-
vering disposition in (her) court concerning the support
of American independence is groundless, is ridiculous, is
impossible ;"f but he also asserted, that "the policy of
France, from his first observation of it to this hour, had
been as averse to other powers acknowledging the inde-
pendence of America, as England had been. "J
When these instructions were received by Jay, he
acknowledged to congress the confidence evinced in him,
and his readiness to serve in any capacity. But he re-
marked, "As an American, I feel an interest in the dig-
nity of my country, which renders it difficult for me to
reconcile myself to the idea of the sovereign, indepen-
dent states of America, submitting, in the persons of their
ministers, to be absolutely governed by the advice and
opinions of the servants of another sovereign, especially
in a case of such national importance. " He admitted
the "gratitude and confidence" due to France, that it
would probably be in her power "almost to dictate the
terms of peace;" but he declared that he did not believe
that America, thus casting herself into the arms of the
king of France, would advance either her interest or her
reputation with that or other nations, and therefore en-
treated to be relieved from a station, where, in character of
minister, he must receive and obey, (under the name of opin-
ions}) the directions of those "on whom he really thought
no American minister ought to be dependent. "^ This let-
ter was dated in September, seventeen hundred and eighty-
* 7 D. C. 255. t 4 D. C. 292. t 6 D. C. 509.
? 7 D. C. 451.
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? 128
THE LIFE OF
one. It was followed by another, asking penhission, in
consequence of. ill health, and because no prospect existed
of any benefits from Spain, to visit either France or Hol-
land. Congress passed a resolution approving his opinions
as to the Mississippi, and had appointed him a commissioner
to treat for peace, yet, at the moment when every probabili-
ty existed of a negotiation being opened at Paris, would
not grant him permission to leave Spain, and proceed to
the place where this negotiation was to be conducted.
Other motives may have influenced their decision; but it
is not an improbable conjecture, that his sentiments as
to the policy of France, and the indignation he had
expressed as to his instructions, had weight in this deter-
mination.
The daily subterfuges of Spain, countenanced by the
ambassador of France, satisfied Jay that Spain had re-
solved not to acknowledge the independence of the United
States. He declared, " that many reasons induced him to
think that France did not, in fact, wish to see us treated
as independent by other nations until after a peace, lest
we should become less manageable in proportion as our
dependence on her shall diminish; and that England would
be the first nation to acknowledge that independence. " Yet
he properly affirmed, " that as long as France continued
faithful, that we ought to continue hand in hand to prose-
cute the war, until all their as well as all our reasonable
objects can be obtained by a peace; for that he would
rather see America ruined than dishonoured. "
Having received an invitation from Franklin to join him,
Jay soon after proceeded to Paris, where he had the pa-
triotism to act upon his commission, and the firmness to
disregard his instructions. On his arrival there, on the
twenty-third of June, he found the aged minister alone;
Adams being yet in Holland, Laurens a prisoner in En-
gland, Jefferson, deterred, as he says, " by the uncommon
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? HAMILTON.
129
vigilance of the enemy's cruisers," remaining in Ame-
rica. * f
The British minister had in the interval employed agents
to ascertain the disposition of the American commission-
ers, as to a waiver of an express recognition of the inde-
pendence of their country. They reached Paris after
Jay's arrival there, and returned convinced that every at-
tempt to inveigle the United States must fail.
These overtures alarmed Vergennes. J He saw that the
capture of Yqrktown had placed England and the United
States in a position which must result in peace. How to
control its terms, was with him the only remaining ques-
tion, wearied as France was with the continued demands
for aid. His efforts to exclude the United States from a
general congress, and to prevent a direct negotiation with
Great Britain, had succeeded. Thus Paris was still the seat
of negotiation. It was important to thwart any attempts
* Jay's Life, vol. 1, p. 170.
t "Such was the state of my family, that I could not leave it, nor could
I expose it to the dangers of the sea, and of capture by the British ships then
covering the ocean. I saw, too, that the labouring oar was really at home,
where much was to be done of the most permanent interest, in new model-
ling our governments, and much to defend our fanes and firesides from the
desolations of an invading enemy, pressing on our country in every point. "--
Jefferson's Works, vol. 1. p. 41.
X "The letter in the 6rst page of the Gazette of this morning," Madison
wrote Randolph, " was written by Mr. Marbois. In an evening of promis-
cuous conversation I suggested to him my opinion that the insidiousness of
the British court, and the good faith of our ally, displayed in the late abor-
tive attempt of the former to seduce the latter, might with advantage be
made known, in some form or other, to the public at large. He said he
would think of the matter, and next day sent me the letter in question, with
a request that I would revise and translate it for the press, the latter of which
was done. I mention this, that you may duly appreciate facts and senti-
ments contained in this publication. " This was suggested by propositions
of England for a separate peace--called by Madison an "insidious step. "--
1 Mad. 131,141. It may be asked, Did England form the alliance against
herself? Was she bound to respect it ? .
17
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THE LIFE OF
to transfer it elsewhere. With this view a verbal commu-
nication was made by the French minister to the secretary
of foreign affairs, calling upon congress to declare, " that
in case commissioners offered to treat upon this continent,
they should be referred to the ministers of the United
States, who are provided with instructions on this subject
in Europe ; that the court of London should address itself
to these, and that it is impossible that the seat of negotia-
tion should be in America. "*
This suggestion produced the desired result. A reso-
lutionf was reported by Madison, which declared, in case
such overtures should be made, that " congress will not de-
part from the measures which they have heretofore taken
for preventing delay, and for conducting the discussions
in confidence and in concert with his most christian ma-
jesty. "
Madison's report of January had, in the mean time, re-
mained with the committee to which it was referred. It
was not brought forward until August, when a paper was
presented to congress, prepared by Edmund Randolph,
containing facts and observations on the claims not inclu-
ded in the ultimatum of the fifteenth of June, seventeen
hundred and eighty-one.
This report was in conformity with the previous one of
Madison. A motion for revoking the power given to
France was again made. "It was pushed," Madison wrote
Randolph," with the expected earnestness, but was parried,
and will issue, I believe, in an adoption of your report,
with a representation thereupon to the court of France. " J ?
* 3 D. C. 297. t May 31, 1782. --3 S. J. 138.
t Madison Papers, v. 1, p. 159.
? "In my last I informed you that the motion to rescind the control
given to France over the American ministers had been parried, and would
probably end in an adoption of your report. It was parried by a substitute
so expressed as to give a committee sufficient latitude m reporting without
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? HAMILTON.
131
Another conference was had in September with the
French minister; on this occasion, extracts from several
letters addressed to him by the Count De Vergennes, were
read: one of the ninth of April, stating that "their joint
efforts would be crowned with success, if on the one hand
making the greatest exertions to procure the completest
satisfaction, they on the other hand confined themselves
within such bounds of moderation* as would give no um-
brage to any one of the powers at war with Great' Bri-
tain. " Others of the second of May and twenty-eighth
of June were produced, intimating that it was now evi-
dently the object of Great Britain to lessen their exertions
on this continent, to adopt a defensive war, and having
succeeded in one of these objects, to return against the
United States with redoubled efforts. Congress were ex-
horted to declare that no peace but a general one would
be attended to; they were assured that when the negotia-
tions were entered into with sincerity, France would exert
her good offices on all points connected with the prosper-
ity of the United States; that congress were themselves
sensible of the distinction between the conditions of jus-
tice and rigour, and those of convenience and compliance,
which depended on the good or bad situation of affairs;
that though the circumstances of the allies were very
,promising, such events might happen as might make it
advisable to adopt the part of moderation. The necessity
of England being convinced of the impossibility of treat-
ing separately was urged, and they were called on to
proclaim that the United States would not make peace
without the concurrence of their ally, and that if any
implying on the part of congress a design to alter past instructions; the
composition of the committee appointed according well with the object
of the substitute," &c. --Madison to Edmund Randolph. --Madison Papers,
T. 1. 160. --August 20, 1782.
* September 24, 1782.
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? 132 THE LIFE OF
overtures were to be made, the American plenipotentia-
ries were sufficiently empowered to receive jhem. .
This communication was referred to a larger committee.
Their report, after expressing the utmost confidence in
the assurances and good offices of France, declared,* that
"considering the territorial claims of these states as here-
tofore made, their participation of the fisheries, and of the
free navigation of the Mississippi, not only as their indu-
bitable rights* but as essential to their prosperity, they
trust that his majesty's efforts will be successfully employ-
ed to obtain a sufficient provision and security for those
rights. Having avowed, " that any claim of restitution or
compensation for property confiscated, will meet with in-
superable obstacles, not only on account of the sove-
reignty of the individual states," but of the wanton depre-
dations of the enemy, they express a further trust, that
"the circumstances of the allies at the negotiations for
peace will be so prosperous, as to render these expecta-
tions consistent with the spirit and moderation recommended
by his majesty, f
The wishes of the king of England had, during this
period, been consulted by his ministry, and an act was
passed " to enable him to conclude a peace or truce" with
certain "colonies" therein mentioned. On the twenty-
fifth of July, Oswald received a warrant to treat in pursu-
ance of this act. This warrant was submitted to Ver-
gennes, Franklin, and Jay.
Vergennes gave his opinion that it might be acted upon,
"that names signified little, that an acknowledgment, in-
stead of preceding, must, in the natural course of things,
be the effect of the treaty, and that it would not be rea-
* October 3, 1782. --3 S. J. 243.
t This report was from Madison, Duane, Rutledge, Montgomery, and
Carroll.
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? HAMILTON.
133
sonable to expect the effect before the cause. " He urged
an exchange of powers with the British commissioners, on
the ground that an acceptance of them would be a tacit
admittance of it.
Franklin had always intended to secure the inde-
pendence of the United States; but as to the mode, it
has been seen that he would have been satisfied with a
tacit acknowledgment of it. Adhering to this opinion,
he concurred with Vergennes, and sustained this course
on the ground that it was an acquiescence with the
views of that minister, as prescribed by his instruc-
tions. Jay dissented from this opinion; he considered
the instructions of seventeen hundred and seventy-nine,
framed by Gouverneur Morris, as indicating the sentiments
of the nation before its counsels had been influenced by
France; and although he then voted for a tacit recogni-
tion, the position of the country had changed--the Ameri-
can arms had triumphed, and England had resolved on
peace.
These considerations would have been sufficient of them-
selves, but there was another which could not have been
without weight. Whatever policy might have been pre-
viously adopted, the public declaration of Lord Shelburne
left no alternative consistent with the honour of the coun-
try, but an open, explicit, preliminary acknowledgment
of its independence. Jay did not conceal from Franklin
the suspicions which the readiness of Vergennes to waive
this point had produced. The French minister had, on
previous occasions, when he knew that such a requisition
was an insuperable bar to all negotiation on the part
of England, declared that it must be insisted upon.
? 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.
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? 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.
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? 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-
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? 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-
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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.
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? HAMILTON.
121
Luzerne, the objects of which were to prepare congress for
such concessions as it might be her policy to require. In
one instance they were informed that if she did not obtain
"for every state" all they wished, the sacrifice must be
ascribed to necessity; and he expressed " his satisfaction at
the extensive powers with which the ministers are invested
as to the matter of boundary and the truce, which, he
said, "the interests of France as well as of the United
States, require to be as long as possible. " They were sub-
sequently reminded of the consequences to be apprehended
from the rejection of "reasonable terms. " Massachusetts
understood this language, and on the twenty-seventh of
October, seventeen hundred and eighty-one, instructed her
delegates "in a future settlement of peace to insist" upon
the fisheries. This act was referred* the following month.
A report was then prepared by Madison,f containing
new instructions to the American commissioners. By this
report the previous territorial limits were to be insisted
upon. As the common right of fishery was an attribute
of sovereignty, France was urged to obtain a stipulation
in favour of it, but if not attainable, by no means to sur-
render it. It required that there should be no engage-
ment for the restitution of confiscated property, nor for
the return of fugitives or exiles, as "any such stipulation
would not only be dishonourable to the governments of
these states, but obnoxious to the people at large. "
"It is not," it added, "unworthy of the circumspection
of his most christian majesty, to reflect whether the resto-
ration of those persons may not produce an unequal compe-
tition with his subjects, in trade. Many among them, be-
sides the advantage which they possess from the know-
ledge of our language, have accurately informed themselves
* To Madison, Carroll, and Lovell.
t Vol. 1, No. 20, MSS. in department of state.
16'
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? 122 THE LIFE OF
of the nature of our commerce from actual experience. "
And it proposed, "that no stipulation should be admitted
limiting the power of the United States to impose restric-
tions on British commerce, assigning as the motive, that
this power " alone will leave to his allies the future oppor-
tunity of manifesting their preference of his interests to
those of his enemies and rivals. "
This report was amended,* and on the eighth of Janu-
ary following was laid before the house. Having admitted
that the fisheries and other claims of the United States
were not to be included in the ultimatum, it instructed
their ministers "to acquaint his most christian majesty,
that, notwithstanding the occasion presented to the United
States by the signal and various advantages gained over
the enemy, of enlarging their ultimatum for peace, the
firm reliance which congress have on the friendship and
influence of his majesty, has determined them not to de-
part from their (previous) resolution, by which all the ob-
jects of their desires and expectations, excepting only the
independence of the United States and their alliance with
his majesty, are eventually submitted to his councils. But
in order to make him more fully sensible of the extent and
foundation of these desires and expectations, have thought
it expedient that some observations should be made to him
relative to the several objects which are most likely to fall
within the compass of negotiation. "
The objects were then stated. They were the bounda-
ries--the fisheries--the exclusion of any provision for the
restoration of confiscated property. Again adducing as the
motive, that it will leave his allies the future opportunity of
manifesting their preference of his interests to those of his
enemies and rivals, " Congress," it declared, "do for these
reasons, most earnestly desire, expect, and entreat," that his
? 3 S. J. 151. --1782. Madison, Lovell, Carroll.
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? HAMILTON.
123
majesty will spare no effort to exclude any restraint upon
the United States from imposing on the trade of Great
Britain any duties, restrictions, or prohibitions, which may
hereafter be judged expedient, unless, and so far only, as
a relaxation in this point may be essentially necessary for
obtaining peace or the several objects above mentioned.
The views of the French ministry, and the nature and
extent of their influence, are also shown in a despatch from
Marbois, then secretary of the French legation, dated at
Philadelphia, on the thirteenth of March, seventeen hun-
dred and eighty-two. * It stated "that a delegate from
congress, lately arrived in Carolina, has, it is said, been
chosen governor. He has communicated to the persons
of most influence in this state the ultimatum of the month
of last, who approved of the clauses in general, and
particularly that one which leaves the king master of the
terms of the treaty of peace or truce, excepting indepen-
dence and treaties of alliance. A delegate from South
Carolina told me that this ultimatum was equally well
known to persons of note in this state, and this had given
entire satisfaction there. It is the same with regard to
several other states; and I believe I may assure you, upon
the testimony of several delegates, that this measure is ap-
proved by a great majority. "
It apprised the court of the excitement in Massachusetts
as to the fisheries, and suggested, as a means of preventing
the success of the advocates of them, that the king should
cause "his surprise to be intimated to congress or to the
* Madison observes: "Marbois lately took occasion in our family to com-
plain of ungenerous proceedings of the British against individuals, as well as
against their enemies at large; and finally signified that he was no stranger
to the letter transmitted to congress, which he roundly averred to be spuri-
ous. "--Madison Papers, vol. 1, p. 531. See Life of Jay, vol. 1, p. 146, which
states that "he acknowledged it to be his," to "a gentleman employed in
the foreign service of the United States. "
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? 124
THE LIFE OF
ministers that the Newfoundland fisheries have been in-
cluded in the new instructions; that the United States
set forth pretensions without paying regard to the king's
rights, and without considering the impossibility they
are under of making conquests and keeping what belongs
to Great Britain. A declaration that France was not bound
as to the other fisheries was urged, while New-York, Charles-
ton, and Penobscot, were in the enemy's hands;--"our allies
will be less tractable than ever upon these points whenever
they recover these important posts. " "There are some ju-
dicious per sons to whom one may speak of giving up the
fisheries, and the (lands) of the west, for the sake of peace.
The advocates for peace are those who live in the country.
The inhabitants of towns do not wish for it; but it is a happy
circumstance that this division is nearly equal in the con-
gress and among the states, since our influence can incline
the beam either for peace or war, whichever way we clwose. "
The intelligence of the capture of Yorktown, had deter-
mined the British ministry to renew their efforts to nego-
tiate directly with the United States. A letter* was ad-
dressed to Franklin by David Hartley, after a conference
with Lord North, suggesting, as general grounds of a pro-
posed negotiation tending towards peace under liberal con-
structions, that "the question of dependence or indepen-
dence should remain sub-silentio and for a separate treaty.
Franklin's reply treated with just indignation the idea of a
separate peace, and quoted the treaty of alliance with
France, stating that the "great difficulty may be easily got
over, as a. formal acknowledgment of our independence is not
made necessary. "f
Another agent was despatched for a similar purpose to
Adams, who opposed all idea of a truce, adding, that the
powers of the commissioners were known.
? December, 1781. t 3 D. C. 284.
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? HAMILTON.
125
Lord North, whose object was represented to have been
to draw the United States into a separate negotiation,
and thus to excite the distrust of France, resigned. An
overture was then made* by his successors through Lord
Cholmondelly; and a letter was written by Franklin to
Lord Shelburne, conveying his wishes for a general peace.
This induced the mission of Richard Oswald to Paris,
by whom an interview was had with Franklin and Ver-
gennes, in which the readiness to enter into a joint nego-
tiation by all the allies for a general peace was avowed.
A similar overture was at the same time made to Adams,
in which it was inquired, "whether there was any authori-
ty to treat of a separate peace; and, whether there could
be any accommodation upon any terms short of inde-
pendence. " He replied "that a tacit or express acknow-
ledgment of independence- was indispensable," and "that
no treaty could be made separate from France. " Franklin,
alluding to this letter, intimated that from a recent "act"
as to prisoners, it will be less difficult for them to acknow-
ledge it expressly.
Referring to a former letter, Adams
stated, " that when he hinted that he thought an express
acknowledgment of independence might now be insisted
on, he did not mean that we should insist upon such an
article in the treaty. If they make a peace with the
United States of America, this is acknowledgment enough
for me. "
Oswald was followed by Grenville. His first commis-
sion was merely to treat with France; a second was ob-
tained, extending his powers to "any other prince or
state," with instructions to propose the independence of
the United States in the first instance, and "not as" a con-
dition of a general treaty.
At this moment the Rockingham ministry was broken
<< April 14, 1782.
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? 126 THE LIFE OF
up. Fox and his friends, who had advised the preliminary
acknowledgment of independence, resigned, and Lord
Shelburne, who, in conformity with the feelings of the
king, had opposed it, took the first place in the cabinet.
Acting upon his previous policy, Shelburne declared in the
house of lords, " that whenever parliament should acknow-
ledge the independence of America, the sun of England's
glory was set' forever. "
As this acknowledgment became the vital question in
the negotiation, it is necessary to advert to previous cir-
cumstances. It has been seen that Franklin had not con-
sidered this as a preliminary to be insisted upon, acting
in obedience to the instructions of the fifteenth of June,
seventeen hundred and eighty-one, dictated by France.
When those instructions were received by him, in his let-
ter to the president of congress, after stating* "the satis-
faction of Vergennes with the unreserved confidence in
his court," and his assurance that it would not be abused,
he observed, " that I cannot but think the confidence well
and judiciously placed, and that it will have happy effects. "
A not less decided approval of this commission was
expressed by Adams; he accepted it with satisfaction, de-
claring that he thought " it a measure essentially right;
that it was a demonstration of greater respect to the
powers of Europe, and must be more satisfactory to the
people of America than any former one. "f
What his actual opinions as to France were, it is not
easy to judge. He declared " that France was the natu-
ral friend of the United States, America the natural friend
of France; that England was the natural enemy of France,
and therefore of the United States. "J But he also stated,
"that to form immediate commercial connections with that
? 3 D. C. 236.
+ 6 D. C. 160-2. --October 4,1781.
X 5 D. C. 105.
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? HAMILTON.
127
half of Europe which ever has been, and with little varia-
tion ever will be, opposite to the house of Bourbon, is a
fundamental maxim of that system of American politics
which I have pursued invariably since the beginning of
this war. "* He avowed that " every suspicion of a wa-
vering disposition in (her) court concerning the support
of American independence is groundless, is ridiculous, is
impossible ;"f but he also asserted, that "the policy of
France, from his first observation of it to this hour, had
been as averse to other powers acknowledging the inde-
pendence of America, as England had been. "J
When these instructions were received by Jay, he
acknowledged to congress the confidence evinced in him,
and his readiness to serve in any capacity. But he re-
marked, "As an American, I feel an interest in the dig-
nity of my country, which renders it difficult for me to
reconcile myself to the idea of the sovereign, indepen-
dent states of America, submitting, in the persons of their
ministers, to be absolutely governed by the advice and
opinions of the servants of another sovereign, especially
in a case of such national importance. " He admitted
the "gratitude and confidence" due to France, that it
would probably be in her power "almost to dictate the
terms of peace;" but he declared that he did not believe
that America, thus casting herself into the arms of the
king of France, would advance either her interest or her
reputation with that or other nations, and therefore en-
treated to be relieved from a station, where, in character of
minister, he must receive and obey, (under the name of opin-
ions}) the directions of those "on whom he really thought
no American minister ought to be dependent. "^ This let-
ter was dated in September, seventeen hundred and eighty-
* 7 D. C. 255. t 4 D. C. 292. t 6 D. C. 509.
? 7 D. C. 451.
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THE LIFE OF
one. It was followed by another, asking penhission, in
consequence of. ill health, and because no prospect existed
of any benefits from Spain, to visit either France or Hol-
land. Congress passed a resolution approving his opinions
as to the Mississippi, and had appointed him a commissioner
to treat for peace, yet, at the moment when every probabili-
ty existed of a negotiation being opened at Paris, would
not grant him permission to leave Spain, and proceed to
the place where this negotiation was to be conducted.
Other motives may have influenced their decision; but it
is not an improbable conjecture, that his sentiments as
to the policy of France, and the indignation he had
expressed as to his instructions, had weight in this deter-
mination.
The daily subterfuges of Spain, countenanced by the
ambassador of France, satisfied Jay that Spain had re-
solved not to acknowledge the independence of the United
States. He declared, " that many reasons induced him to
think that France did not, in fact, wish to see us treated
as independent by other nations until after a peace, lest
we should become less manageable in proportion as our
dependence on her shall diminish; and that England would
be the first nation to acknowledge that independence. " Yet
he properly affirmed, " that as long as France continued
faithful, that we ought to continue hand in hand to prose-
cute the war, until all their as well as all our reasonable
objects can be obtained by a peace; for that he would
rather see America ruined than dishonoured. "
Having received an invitation from Franklin to join him,
Jay soon after proceeded to Paris, where he had the pa-
triotism to act upon his commission, and the firmness to
disregard his instructions. On his arrival there, on the
twenty-third of June, he found the aged minister alone;
Adams being yet in Holland, Laurens a prisoner in En-
gland, Jefferson, deterred, as he says, " by the uncommon
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? HAMILTON.
129
vigilance of the enemy's cruisers," remaining in Ame-
rica. * f
The British minister had in the interval employed agents
to ascertain the disposition of the American commission-
ers, as to a waiver of an express recognition of the inde-
pendence of their country. They reached Paris after
Jay's arrival there, and returned convinced that every at-
tempt to inveigle the United States must fail.
These overtures alarmed Vergennes. J He saw that the
capture of Yqrktown had placed England and the United
States in a position which must result in peace. How to
control its terms, was with him the only remaining ques-
tion, wearied as France was with the continued demands
for aid. His efforts to exclude the United States from a
general congress, and to prevent a direct negotiation with
Great Britain, had succeeded. Thus Paris was still the seat
of negotiation. It was important to thwart any attempts
* Jay's Life, vol. 1, p. 170.
t "Such was the state of my family, that I could not leave it, nor could
I expose it to the dangers of the sea, and of capture by the British ships then
covering the ocean. I saw, too, that the labouring oar was really at home,
where much was to be done of the most permanent interest, in new model-
ling our governments, and much to defend our fanes and firesides from the
desolations of an invading enemy, pressing on our country in every point. "--
Jefferson's Works, vol. 1. p. 41.
X "The letter in the 6rst page of the Gazette of this morning," Madison
wrote Randolph, " was written by Mr. Marbois. In an evening of promis-
cuous conversation I suggested to him my opinion that the insidiousness of
the British court, and the good faith of our ally, displayed in the late abor-
tive attempt of the former to seduce the latter, might with advantage be
made known, in some form or other, to the public at large. He said he
would think of the matter, and next day sent me the letter in question, with
a request that I would revise and translate it for the press, the latter of which
was done. I mention this, that you may duly appreciate facts and senti-
ments contained in this publication. " This was suggested by propositions
of England for a separate peace--called by Madison an "insidious step. "--
1 Mad. 131,141. It may be asked, Did England form the alliance against
herself? Was she bound to respect it ? .
17
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THE LIFE OF
to transfer it elsewhere. With this view a verbal commu-
nication was made by the French minister to the secretary
of foreign affairs, calling upon congress to declare, " that
in case commissioners offered to treat upon this continent,
they should be referred to the ministers of the United
States, who are provided with instructions on this subject
in Europe ; that the court of London should address itself
to these, and that it is impossible that the seat of negotia-
tion should be in America. "*
This suggestion produced the desired result. A reso-
lutionf was reported by Madison, which declared, in case
such overtures should be made, that " congress will not de-
part from the measures which they have heretofore taken
for preventing delay, and for conducting the discussions
in confidence and in concert with his most christian ma-
jesty. "
Madison's report of January had, in the mean time, re-
mained with the committee to which it was referred. It
was not brought forward until August, when a paper was
presented to congress, prepared by Edmund Randolph,
containing facts and observations on the claims not inclu-
ded in the ultimatum of the fifteenth of June, seventeen
hundred and eighty-one.
This report was in conformity with the previous one of
Madison. A motion for revoking the power given to
France was again made. "It was pushed," Madison wrote
Randolph," with the expected earnestness, but was parried,
and will issue, I believe, in an adoption of your report,
with a representation thereupon to the court of France. " J ?
* 3 D. C. 297. t May 31, 1782. --3 S. J. 138.
t Madison Papers, v. 1, p. 159.
? "In my last I informed you that the motion to rescind the control
given to France over the American ministers had been parried, and would
probably end in an adoption of your report. It was parried by a substitute
so expressed as to give a committee sufficient latitude m reporting without
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? HAMILTON.
131
Another conference was had in September with the
French minister; on this occasion, extracts from several
letters addressed to him by the Count De Vergennes, were
read: one of the ninth of April, stating that "their joint
efforts would be crowned with success, if on the one hand
making the greatest exertions to procure the completest
satisfaction, they on the other hand confined themselves
within such bounds of moderation* as would give no um-
brage to any one of the powers at war with Great' Bri-
tain. " Others of the second of May and twenty-eighth
of June were produced, intimating that it was now evi-
dently the object of Great Britain to lessen their exertions
on this continent, to adopt a defensive war, and having
succeeded in one of these objects, to return against the
United States with redoubled efforts. Congress were ex-
horted to declare that no peace but a general one would
be attended to; they were assured that when the negotia-
tions were entered into with sincerity, France would exert
her good offices on all points connected with the prosper-
ity of the United States; that congress were themselves
sensible of the distinction between the conditions of jus-
tice and rigour, and those of convenience and compliance,
which depended on the good or bad situation of affairs;
that though the circumstances of the allies were very
,promising, such events might happen as might make it
advisable to adopt the part of moderation. The necessity
of England being convinced of the impossibility of treat-
ing separately was urged, and they were called on to
proclaim that the United States would not make peace
without the concurrence of their ally, and that if any
implying on the part of congress a design to alter past instructions; the
composition of the committee appointed according well with the object
of the substitute," &c. --Madison to Edmund Randolph. --Madison Papers,
T. 1. 160. --August 20, 1782.
* September 24, 1782.
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? 132 THE LIFE OF
overtures were to be made, the American plenipotentia-
ries were sufficiently empowered to receive jhem. .
This communication was referred to a larger committee.
Their report, after expressing the utmost confidence in
the assurances and good offices of France, declared,* that
"considering the territorial claims of these states as here-
tofore made, their participation of the fisheries, and of the
free navigation of the Mississippi, not only as their indu-
bitable rights* but as essential to their prosperity, they
trust that his majesty's efforts will be successfully employ-
ed to obtain a sufficient provision and security for those
rights. Having avowed, " that any claim of restitution or
compensation for property confiscated, will meet with in-
superable obstacles, not only on account of the sove-
reignty of the individual states," but of the wanton depre-
dations of the enemy, they express a further trust, that
"the circumstances of the allies at the negotiations for
peace will be so prosperous, as to render these expecta-
tions consistent with the spirit and moderation recommended
by his majesty, f
The wishes of the king of England had, during this
period, been consulted by his ministry, and an act was
passed " to enable him to conclude a peace or truce" with
certain "colonies" therein mentioned. On the twenty-
fifth of July, Oswald received a warrant to treat in pursu-
ance of this act. This warrant was submitted to Ver-
gennes, Franklin, and Jay.
Vergennes gave his opinion that it might be acted upon,
"that names signified little, that an acknowledgment, in-
stead of preceding, must, in the natural course of things,
be the effect of the treaty, and that it would not be rea-
* October 3, 1782. --3 S. J. 243.
t This report was from Madison, Duane, Rutledge, Montgomery, and
Carroll.
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? HAMILTON.
133
sonable to expect the effect before the cause. " He urged
an exchange of powers with the British commissioners, on
the ground that an acceptance of them would be a tacit
admittance of it.
Franklin had always intended to secure the inde-
pendence of the United States; but as to the mode, it
has been seen that he would have been satisfied with a
tacit acknowledgment of it. Adhering to this opinion,
he concurred with Vergennes, and sustained this course
on the ground that it was an acquiescence with the
views of that minister, as prescribed by his instruc-
tions. Jay dissented from this opinion; he considered
the instructions of seventeen hundred and seventy-nine,
framed by Gouverneur Morris, as indicating the sentiments
of the nation before its counsels had been influenced by
France; and although he then voted for a tacit recogni-
tion, the position of the country had changed--the Ameri-
can arms had triumphed, and England had resolved on
peace.
These considerations would have been sufficient of them-
selves, but there was another which could not have been
without weight. Whatever policy might have been pre-
viously adopted, the public declaration of Lord Shelburne
left no alternative consistent with the honour of the coun-
try, but an open, explicit, preliminary acknowledgment
of its independence. Jay did not conceal from Franklin
the suspicions which the readiness of Vergennes to waive
this point had produced. The French minister had, on
previous occasions, when he knew that such a requisition
was an insuperable bar to all negotiation on the part
of England, declared that it must be insisted upon.
