CORRESPONDENCE CONTINUED. (continued 9)

M. Rayneval, who was present, said something about the King and nation being bound to support their adherents. I answered, that I could not comprehend this doctrine. Here was a set of people, whose bad faith and misrepresentations had deceived the King and deluded the nation, to follow their all-devouring ambition, until they had totally failed of their object; had brought an indelible reproach on the British name, and almost irretrievable ruin on the nation, and yet that nation is bound to support their deceivers and ruiners. If the national honor was bound at all, it was bound still to follow their ambition, to conquer America, and plant the refugees there in pomp and power, and in such case, we all know whose estates would be confiscated, and what compensation would be obtained. All this M. Rayneval said was very true.

The Count asked me to dine, which I accepted, and was treated with more attention and complaisance than ever, both by him and the Countess. As it is our duty to penetrate, if we can, the motives and views of our allies, as well as our enemies, it is worth while for Congress to consider what may be the true motives of these intimations in favor of the tories. History shows, that nations have generally had as much difficulty to arrange their affairs with their allies as with their enemies. France has had as much this war with Spain as with England. Holland and England, whenever they have been allies, have always found many difficulties, and from the nature of things, it must ever be an intricate task, to reconcile the notions, prejudices, principles, &c. of two nations in one concert of councils and operations.

We may well think, that the French would be very glad to have the Americans join with them in a future war. Suppose, for example, they should think the tories men of monarchical principles, or men of more ambition than principle, or men corrupted and of no principle, and should, therefore, think them more easily seduced to their purposes than virtuous Republicans, is it not easy to see the policy of a French Minister in wishing them amnesty and compensation? Suppose that a French Minister foresees, that the presence of the tories in America will keep up perpetually two parties, a French and an English party, and that this will compel the patriotic and independent men to join the French side, is it not natural for him to wish them restored? Is it not easy too to see, that a French Minister cannot wish to have the English and Americans perfectly agreed upon all points, before they themselves, the Spanish and the Dutch are agreed too? Can they be sorry then to see us split upon such a point as the tories? What can be their motives to become the advocates of the tories? It seems the French Minister, at Philadelphia, has made some representations to Congress, in favor of a compensation to the royalists, and that the Count de Vergennes' conversation with me was much in favor of it. The Count probably knows, that we are instructed against it, or rather, have not a constitutional authority to make it; that we can only write about it to Congress, and they to the States, who may, and probably will, deliberate upon it a year or eighteen months before they all decide, and then every one of them will determine against it. In this way, there is an insuperable obstacle to any agreement between the English and Americans, even upon terms to be inserted in the general peace, before all are ready, and, indeed, after. It has been upon former occasions the constant practice of the French, to have some of their subjects in London, and the English some of theirs in Paris, during conferences for peace, in order to propagate such sentiments as they wished to prevail. I doubt not there are such there now. M. Rayneval has certainly been there. It is reported, I know not how truly, that M. Gerard has been there, and probably others are there, who can easily prompt the tories to clamor, and to cry that the King's dignity and nation's honor are compromised, to support their demands.

America has been long enough involved in the wars of Europe. She has been a football between contending nations from the beginning, and it is easy to foresee, that France and England both will endeavor to involve us in their future wars. It is our interest and duty to avoid them as much as possible, and to be completely independent, and to have nothing to do with either of them, but in commerce. My poor thoughts and feeble efforts, have been from the beginning constantly employed to arrange all our European connexions to this end, and will continue to be so employed, whether they succeed or not. My hopes of success are stronger now than they ever have been, because I find Mr Jay precisely in the same sentiments, after all the observations and reflections he has made in Europe, and Dr Franklin at last, at least appears to coincide with us. We are all three perfectly united in the affair of the tories, and of the Sagadehock, the only points in which the British Minister pretends to differ from us.

The enclosed papers will show Congress the substance of the negotiation. The treaty, as first projected between Mr Oswald on one side, and Dr Franklin and Mr Jay on the other before my arrival; the treaty as projected after my arrival, between Mr Oswald and the three American Ministers, my Lord Shelburne having disagreed to the first; Mr Oswald's letter and our answer; Mr Strachey's letter and our answer.[14] Mr Strachey has gone to London with the whole, and we are waiting his return, or the arrival of some other, with further instructions.

If Congress should wish to know my conjecture, it is, that the Ministry will still insist upon compensation to the tories, and thus involve the nation every month of the war in an expense sufficient to make a full compensation to all the tories in question. They would not do this, however, if they were ready with France and Spain.

I have the honor to be, &c.

JOHN ADAMS.

ROBERT R. LIVINGSTON TO JOHN ADAMS.

Philadelphia, November 18th, 1782.

Sir,

Since my letter of the 6th, Congress have been pleased to appoint Mr Jefferson one of their Ministers Plenipotentiary for negotiating peace. I have not yet received an answer to my letter informing him of this event, though I have some reason to believe he will accept the appointment.

I believe I mentioned to you, that Congress had refused to accept Mr Laurens' resignation. Many members have since seen with great pain, the petition published in the Parliamentary debates as his. I sincerely wish, that it may prove to be a forgery, since the language it speaks does not consist with the dignified character he holds. He has since informed Congress, that he purposes to return to England, and come out to this country by the way of New York. I hope the determination of Congress will reach him before he leaves France, as it will have an awkward appearance to send to England for an American Minister.

All the contracts we have received from you, have been sent back with the ratification endorsed. Some of them have, I hope, reached you before this. So that the last hand may be put to the important business of the loan.

So much has been said of Captain Asgill, upon whom, as you have been informed, the lot fell, when it was determined to avenge the death of Captain Huddy, that I should let you know the issue of this business, which you may in part collect, from the enclosed resolve, though you may be ignorant of the reasons which induced Congress to pass it, and again render abortive their determination to punish the unexampled cruelty of the enemy. Mrs Asgill, the mother of this unfortunate young man, had sufficient influence at the Court of France to obtain its interposition in his favor; a letter was written on the subject by Count de Vergennes to General Washington, enclosing one from Mrs Asgill to the Count, which was extremely pathetic. The Minister of France had orders from his master to support this application. It was thought advisable, that this should not be formally done, but that the discharge of Asgill, should be grounded upon the reasons expressed in the preamble of the resolution. Congress the more readily acquiesced in this measure, as there is ground to hope, from the late conduct of the enemy, that they have determined to adopt a more civilized mode of carrying on the war in future. They have called off the savages, and a large number of prisoners have returned on parole from Canada.

We have yet no certain account of the evacuation of Charleston, though we know that the first division of the troops, and a considerable number of the inhabitants sailed on the 19th ultimo, as is said, for Augustine; it is probably evacuated by this time.

It would give me pleasure to receive from you an accurate account of the differences, which have arisen between the Court of Denmark and the United Provinces, and the effects they may probably produce. We are imperfectly acquainted with facts here, and still less with the politics of the Northern Courts; you will sometimes extend your observations to them.

I confide too much in the wisdom of the States-General to believe, that they will omit any honorable means to prevent an accession of strength to Great Britain, at this critical moment.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO ROBERT R. LIVINGSTON.

Paris, November 18th, 1782.

Sir,

The instructions from Congress, which direct us to pay so strict an attention to the French Ministry, and to follow their advice, are conceived in terms so universal and unlimited, as to give a great deal of anxiety to my mind.

There is no man more impressed with the obligation of obedience to instructions; but, in ordinary cases, the principal is so near the Deputy, as to be able to attend to the whole progress of the business, and to be informed of every new fact, and every sudden thought. Ambassadors in Europe can send expresses to their Courts, and give and receive intelligence in a few days, with the utmost certainty. In such cases there is no room for mistake, misunderstanding, or surprise. But, in our case, it is very different. We are at an immense distance. Despatches are liable to foul play, and vessels are subject to accidents. New scenes open, the time presses, various nations are in suspense, and necessity forces us to act.

What can we do? If a French Minister advises us to cede to the Spaniards the whole river of the Mississippi, and five hundred miles of territory to the eastward of it, are we bound by our instructions to put our signature to the cession, when the English themselves are willing we should extend to the river, and enjoy our natural right to its navigation? If we should be counselled to relinquish our right to the fishery on the Grand Bank of Newfoundland, when the British Ministry are ready, by treaty, to acknowledge our right to it, are we obliged to relinquish it? If we are advised to restore and compensate the tories, are we to comply? If we know, or have reasons to believe, that things, which will have weight upon the minds of the British Ministry against us upon some points, will be communicated to them in some way or other, secret or open, if we communicate it to this Court, are we bound to do it?

I cannot think, that a construction, so literal and severe, was ever intended to be put upon it; and, therefore, I see no way of doing my duty to Congress, but to interpret the instruction, as we do all general precepts and maxims, by such restrictions and limitations, as reason, necessity, and the nature of things demand.

It may sometimes be known to a deputy, that an instruction from his principal was given upon information of mistaken facts, what is he to do? When he knows, that if the truth had been known, his principal would have given a directly contrary order, is he to follow that, which issued upon mistake? When he knows, or has only good reason to believe, that, if his principal were on the spot, and fully informed of the present state of facts, he would give contrary directions, is he bound by such as were given before? It cannot be denied, that instructions are binding, that it is a duty to obey them, and that a departure from them cannot be justified; but I think it cannot be denied on the other hand, that in our peculiar situation, cases may happen, in which it might become our duty to depend upon being excused, (or, if you will, pardoned) for presuming, that if Congress were upon the spot, they would judge as we do.

I presume not to dictate, nor to advise, but I may venture to give my opinion, as I do freely, and with much real concern for the public, that it would be better, if every instruction in being were totally repealed, which enjoins upon any American Minister to follow, or ask the advice, or even to communicate with any French, or other Minister, or Ambassador in the world. It is an inextricable embarrassment everywhere. Advice would not be more seldom asked, nor communication less frequent. It would be more freely given. A communication of information, or a request of council would then be received as a compliment, and a mark of respect; it is now considered as a duty and a right. Your Ministers would have more weight, and be the more respected through the world. Congress cannot do too much to give weight to their own Ministers, for, they may depend upon it, great and unjustifiable pains are taken to prevent them from acquiring reputation, and even to prevent an idea taking root in any part of Europe, that anything has been, or can be done by them. And there is nothing, that humbles and depresses, nothing that shackles and confines, in short, nothing that renders totally useless all your Ministers in Europe, so much as these positive instructions, to consult and communicate with French Ministers, upon all occasions, and follow their advice. And I really think it would be better to constitute the Count de Vergennes, our sole Minister, and give him full powers to make peace and treat with all Europe, than to continue any of us in the service, under the instructions in being, if they are to be understood in that unlimited sense, which some persons contend for.

I hope, that nothing indecent has escaped me upon this occasion. If any expressions appear too strong, the great importance of the subject, and the deep impression it has made on my mind and heart, must be my apology.

I am, Sir, your humble servant,

JOHN ADAMS.

TO ROBERT R. LIVINGSTON.

Paris, November 24th, 1782.

Sir,

We live in critical moments. Parliament is to meet, and the King's speech will be delivered on the 26th. If the speech announces Mr Oswald's commission, and the two Houses in their answers thank him for issuing it, and there should be no change in the Ministry, the prospect of peace will be flattering. Or if there should be a change in the Ministry, and the Duke of Portland, with Mr Fox and Mr Burke, should come in, it will be still more so. But if Richmond, Cambden, Keppel, and Townshend should retire, and my Lord North and company come in, with or without the Earl of Shelburne, the appearances of peace will be very unpromising. My Lord North, indeed, cannot revoke the acknowledgment of our independence, and would not probably renounce the negotiations for peace, but ill will to us is so habitual to him and his master, that he would fall in earnestly with the wing-clipping system; join in attempts to deprive us of the fisheries and the Mississippi, and to fasten upon us the tories, and in every other measure to cramp, stint, impoverish and enfeeble us. Shelburne is not so orthodox as he should be, but North is a much greater heretic in American politics.

It deserves much consideration what course we should take, in case the old Ministry should come in wholly, or in part. It is certain, at present, that to be obnoxious to the Americans, and their Ministers, is a very formidable popular cry against any Minister or candidate for the Ministry in England, for the nation is more generally for recovering the good will of the Americans than they ever have been. Nothing would strike such a blow to any Ministry, as to break off the negotiations for peace; if the old Ministry come in, they will demand terms of us, at first, probably, that we can never agree to.

It is now eleven or twelve days, since the last result of our conferences were laid before the Ministry in London. Mr Vaughan went off on Sunday noon, the 17th. So that he is, no doubt, before this time with my Lord Shelburne. He is possessed of an ample budget of arguments to convince his Lordship, that he ought to give up all the remaining points between us. Mr Oswald's letters will suggest the same arguments in a different light, and Mr Strachey, if he is disposed to do it, is able to enlarge upon them all in conversation.

The fundamental point of the sovereignty of the United States being settled in England, the only question now is, whether they shall pursue a contracted, or a liberal, a good natured, or an ill natured plan towards us. If they are generous, and allow us all we ask, it will be the better for them; if stingy, the worse. That France does not wish them to be very noble to us, may be true. But we should be dupes indeed, if we did not make use of every argument with them, to show them that it is their interest to be so. And they will be the greatest bubbles of all, if they should suffer themselves to be deceived by their passions, or by any arts, to adopt an opposite tenor of conduct.

I have the honor to be, &c.

JOHN ADAMS.

TO ROBERT R. LIVINGSTON.

Paris, December 4th, 1782.

Sir,

It is with much pleasure, that I transmit you the preliminary treaty between the King of Great Britain and the United States of America. The Mississippi, the western lands, Sagadehock, and the fisheries, are secured as well as we could, and I hope what is done for the refugees will be pardoned.

As the objects, for which I ever consented to leave my family and country, are thus far accomplished, I now beg leave to resign all my employments in Europe. They are soon enumerated; the first, is my commission to borrow money in Holland, and the second, is my credence to their High Mightinesses. These two should be filled up immediately, and as Mr Laurens was originally designed to that country, and my mission there was merely owing to his misfortune, I hope that Congress will send him a full power for that Court.

The commission for peace I hope will be fully executed before this reaches you. But, if it should not, as the terms are fixed, I should not choose to stay in Europe, merely for the honor of affixing my signature to the definitive treaty, and I see no necessity of filling up my place; but if Congress should think otherwise, I hope they will think Mr Dana the best entitled to it.

With great esteem, I have the honor to be, &c.

JOHN ADAMS.

EXTRACTS FROM A JOURNAL.

Saturday, November 2d, 1782.—Almost every moment of this week has been employed in negotiation with the English gentlemen, concerning peace. We have two propositions, one, the line of fortyfive degrees, the other, a line through the middle of the Lakes. And for the boundary between Massachusetts and Nova Scotia, a line from the mouth of St Croix to its source, and from its source to the Highlands.

Sunday, November 3d.—In my first conversation with Dr Franklin, on Tuesday last, he told me of Mr Oswald's demand of the payment of debts, and compensation to the tories; he said their answer had been, that we had not power, nor had Congress. I told him, I had no notion of cheating anybody. The question of paying debts, and compensating tories, were two. I had made the same observation that forenoon to Mr Oswald and Mr Strachey, in company with Mr Jay, at his house. I saw it struck Mr Strachey with peculiar pleasure; I saw it instantly smiling in every line of his face. Mr Oswald was apparently pleased with it too. In a subsequent conversation with my colleagues, I proposed to them, that we should agree that Congress should recommend it to the States, to open their courts of justice for the recovery of all just debts. They gradually fell into this opinion, and we all expressed these sentiments to the English gentlemen, who were much pleased with it, and with reason; because it silences the clamors of all the British creditors against the peace, and prevents them from making common cause with the refugees. Mr Jay came in and spent two hours in conversation upon our affairs, and we attempted an answer to Mr Oswald's letter. He is perfectly of my opinion, or I am of his, respecting Mr Dana's true line of conduct, as well as his with Spain, and ours with France, Spain, and England.

Vergennes has endeavored to persuade him to treat with d'Aranda, without exchanging powers. He refuses. Vergennes also pronounced Oswald's first commission sufficient, and was for making the acknowledgment of American independence, the first article of the treaty. Jay would not treat; the consequence was, a complete acknowledgment of our independence by Oswald's new commission, under the great seal of Great Britain, to treat with the Commissioners of the United States of America. Thus a temperate firmness has succeeded everywhere, but the base system nowhere.

D'Estaing has set off for Madrid and Cadiz; reste à savoir what his object is, whether to take the command of a squadron, and in that case, where to go, whether to Rhode Island, to join Vaudreuil, and go against New York, or to the West Indies. Will they take New York, or only prevent the English from evacuating it? Oswald proposed solemnly to all three of us yesterday, at his house, to agree not to molest the British troops in the evacuation; but we did not. This, however, shows they have it in contemplation. Suppose they are going against West Florida. How far are we bound to favor the Spaniards? Our treaty with France must, and shall be sacredly fulfilled, and we must admit Spain to accede when she will; but until she does, our treaty does not bind us to France to assist Spain.

The present conduct of England and America, resembles that of the eagle and cat. An eagle, scaling over a farmer's yard, espied a creature that he thought a hare. He pounced upon and took him up in the air, the cat seized him by the neck with her teeth, and round the body with her fore and hind claws. The eagle, finding himself scratched and pressed, bids the cat let go, and fall down. No, says the cat, I will not let go and fall, you shall stoop and set me down.

Monday, November 4th.—All the forenoon, from eleven till three, at Mr Oswald's, Mr Jay and I. In the evening there again, until near eleven. Strachey is as artful and insinuating a man as they could send; he pushes and presses every point as far as it can possibly go; he has a most eager, earnest, pointed spirit.

Tuesday, November 5th. Mr Jay told me our allies did not play fair. They were endeavoring to deprive us of the fishery, the western lands, and the navigation of the Mississippi. They would even bargain with the English, to deprive us of them. They want to lay the western lands, Mississippi, and the whole Gulf of Mexico into the hands of Spain.

Oswald talks of Pultney, and a plot to divide America between France and England. France to have New England. They tell a story about Vergennes, and his agreeing that the English might propose such a division, but reserving a right to deny it all. These whispers ought not to be credited by us.

Saturday, November 9th.—M. de Lafayette came in, and told me he had been at Versailles, and in consultation about the affair of money, as he and I agreed he should. He said he found, that the Count de Vergennes and their Ministry were of the same opinion with me, that the English were determined to evacuate New York. After some time, he told me, in a great air of confidence, that he was afraid the Count took it amiss, that I had not been to Versailles to see him. The Count told him, that he had not been officially informed of my arrival, he had only learned it from the returns of the police. I went out to Passy to dine with Dr Franklin, who had been to Versailles, and presented his Memorial, and the papers accompanying it. The Count said he would have the papers translated to lay them before the King, but the affair would meet with many difficulties. Franklin brought the same message to me from the Count, and said he believed it would be taken kindly if I went. I told both the Marquis and the Doctor, that I would go tomorrow morning.

Sunday, November 10th.—Accordingly, at eight this morning, I went and waited on the Count. He asked me how we went on with the English. I told him we divided upon two points, the tories and Penobscot, two ostensible points; for it was impossible to believe, that my Lord Shelburne, or the nation, cared much about such points. I took out of my pocket, and showed him, the record of Governor Pownal's solemn act of burying a leaden plate, with this inscription; 'May 23d, 1759. Province of Massachusetts Bay. Penobscot dominions of Great Britain. Possession confirmed by Thomas Pownal, Governor.' This was planted on the east side of the river of Penobscot, three miles above marine navigation. I showed him also all the other records, the laying out of Mount Desert, Machias, and all the other towns to the east of Penobscot river, and told him, that the grant of Nova Scotia, by James the First, to Sir William Alexander, bounded it on the river St Croix, and that I was possessed of the authorities of four of the greatest Governors the King of England ever had, Shirley, Pownal, Bernard, and Hutchinson, in favor of our claim, and of learned writings of Shirley and Hutchinson in support of it. The Count said, that Mr Fitzherbert told him they wanted it for the masts. But the Count said, that Canada had an immense quantity. I told him I thought there were few masts there, but, that I fancied it was not masts, but tories, that again made the difficulty. Some of them claimed lands in that territory, and others hoped for grants there.

The Count said, it was not astonishing, that the British Ministry should insist upon compensation to them, for that all the precedents were in favor of it; that there had been no example of an affair like this terminated by a treaty, without re-establishing those who had adhered to the old government, in all their possessions. I begged his pardon in this, and said, that in Ireland at least there had been a multitude of confiscations without restitution. Here we ran into some conversation concerning Ireland, &c. M. Rayneval, who was present, talked about the national honor, and the obligation they were under to support their adherents. Here I thought I might indulge a little more latitude of expression, than I had done with Oswald and Strachey, and I answered, if the nation thought itself bound in honor to compensate these people, it might easily do it, for it cost the nation more money to carry on this war one month, than it would cost it to compensate them all. But I could not comprehend this doctrine of national honor. Those people, by their misrepresentations had deceived the nation, who had followed the impulsion of their devouring ambition, until it had brought an indelible stain on the British name, and almost irretrievable ruin on the nation, and now that very nation was thought to be bound in honor to compensate its dishonorers and destroyers. Rayneval said it was very true.

The Count invited me to dine; I accepted. When I came, I found M. de Lafayette in conference with him. When they came out, the Marquis took me aside, and told me he had been talking with the Count upon the affair of money. He had represented to him Mr Morris's arguments, and the things I had said to him, as from himself, &c. That he feared the arts of the English, that our army would disband, and our governments relax, &c. That the Count feared many difficulties; that France had expended two hundred and fifty millions in this war, &c. That he talked of allowing six millions, and my going to Holland with the scheme I had projected, and having the King's warranty, &c. to get the rest; that he had already spoken to some of M. de Fleury's friends, and intended to speak to him, &c.

We went up to dinner. I went up with the Count alone. He showed me into the room where were the ladies and the company. I singled out the Countess, and went up to her to make her my compliment. The Countess, and all the ladies rose up. I made my respects to them all, and turned and bowed to the rest of the company. The Count, who came in after me, made his bows to the ladies, and to the Countess last. When he came to her, he turned round and called out, Mons. Adams, venez ici, voilà la Comtesse de Vergennes. A nobleman in company said, Mr Adams has already made his court to Madame la Comtesse. I went up again, however, and spoke again to the Countess, and she to me. When dinner was served, the Count led Madame de Montmorin, and left me to conduct the Countess, who gave me her hand with extraordinary condescension, and I conducted her to table. She made me sit next to her, on her right hand, and was remarkably attentive to me the whole time. The Count, who sat opposite, was constantly calling out to me, to know what I would eat, and to offer me petits gateaux, claret, and Madeira, &c. &c. In short, I was never treated with half the respect at Versailles in my life. In the antichamber, before dinner, some French gentlemen came to me, and said they had seen me two years ago, and that I had shown in Holland, that the Americans understood negotiation, as well as war.

Monday, November 11th. Mr Whiteford the Secretary of Mr Oswald, came a second time, not having found me at home yesterday, when he left a card, with a copy of Mr Oswald's commission, attested by himself (Mr Oswald). He delivered the copy, and said Mr Oswald was ready to compare it with the original with me. I said Mr Oswald's attestation was sufficient, as he had already shown me the original. He sat down, and we fell into conversation about the weather, and the vapors and exhalations from Tartary, which had been brought here last spring by the winds, and given us all the influenza. Thence to French fashions and the punctuality, with which they insist upon people's wearing thin clothes in spring and fall, though the weather is ever so cold, &c. I said it was often carried to ridiculous lengths, but that it was at bottom an admirable policy, as it rendered all Europe tributary to the city of Paris, for its manufactures.

We fell soon into politics. I told him, that there was something in the minds of the English and French, which impelled them irresistibly to war every ten or fifteen years. He said the ensuing peace would, he believed, be a long one. I said it would, provided it was well made, and nothing left in it to give future discontents. But if anything was done, which the Americans should think hard or unjust, both the English and French would be continually blowing it up, and inflaming the American minds with it, in order to make them join one side or the other in a future war. Suppose for example, they should think the tories men of monarchical principles, or men of more ambition than principle, or men corrupted and of no principle, and should therefore think them more easily seduced to their purposes, than virtuous republicans, is it not easy to see the policy of a French Minister in wishing them amnesty and compensation? Suppose a French Minister foresees, that the presence of the tories in America will keep up perpetually two parties, a French party, and an English party, and that this will compel the patriotic and independent party to join the French party, is it not natural for him to wish them restored? Is it not easy to see, that a French Minister cannot wish to have the English and Americans perfectly agreed upon all points before they themselves, the Spaniards and the Dutch are agreed too? Can they be sorry then to see us split upon such a point as the tories? What can be their motives to become the advocates of the tories?

The French Minister at Philadelphia has made some representations to Congress, in favor of a compensation to the royalists, and the Count de Vergennes no longer than yesterday said much to me in their favor. The Count probably knows, that we are instructed against it, that Congress are instructed against it, or rather have not constitutional authority to do it; that we can only write about it to Congress, and they to the States, who may, and probably will, deliberate upon it eighteen months before they all decide, and then every one of them will determine against it. In this way there is an insuperable obstacle to any agreement between the English and Americans, even upon terms to be inserted in the general peace, before all are ready. It was the constant practice of the French to have some of their subjects in London during the conferences for peace in order to propagate such sentiments there as they wished to prevail. I doubted not such were there now; M. Rayneval had been there. M. Gerard, I had heard, is there now, and probably others. They can easily persuade the tories to set up their demands, and tell them and the Ministers, that the King's dignity and nation's honor are compromised in it.

For my own part, I thought America had been long enough involved in the wars of Europe. She had been a football between contending nations from the beginning, and it was easy to foresee, that France and England both would endeavor to involve us in their future wars. I thought it our interest and duty, to avoid them as much as possible, and to be completely independent, and have nothing to do but in commerce with either of them; that my thoughts had been from the beginning to arrange all our European connexions to this end, and that they would continue to be so employed. And I thought it so important to us, that if my poor labors, my little estate, or (smiling) sizy blood, could effect it, it should be done. But I had many fears.

I said, the King of France might think it consistent with his station to favor people, who had contended for a Crown, though it was the Crown of his enemy. Whiteford said, they seem to be through the whole of their course, fighting for reputation. I said, they had acquired it, and more, they had raised themselves high from a low estate by it, and they were our good friends and allies, and had conducted generously, and nobly, and we should be just and grateful, but they might have political wishes, which we were not bound by treaty, nor in justice or gratitude to favor, and these we ought to be cautious of. He agreed that they had raised themselves very suddenly and surprisingly by it.

Tuesday, November 12th.—The compliment of "Monsieur, vous êtes le Washington de la négotiation," was repeated to me, by more than one person. I answered, "Monsieur, vous me faites le plus grand honneur, et le compliment le plus sublime possible." "Eh! Monsieur, en vérité, vous l'avez bien mérité."

Friday, November 15th.—Mr Oswald came to visit me, and entered with some freedom, into conversation. I said many things to him to convince him, that it was the policy of my Lord Shelburne, and the interest of the nation, to agree with us upon the advantageous terms, which Mr Strachey carried away on the 5th; showed him the advantages of the boundary, the vast extent of land, and the equitable provision for the payment of debts, and even the great benefits stipulated for the tories.

He said he had been reading Mr Paine's answer to the Abbé Raynal, and had found there an excellent argument in favor of the tories. Mr Paine says, that before the battle of Lexington, we were so blindly prejudiced in favor of the English, and so closely attached to them, that we went to war at any time, and for any object, when they bid us. Now this being habitual to the Americans, it was excusable in the tories to behave on this occasion, as all of us had ever done upon all others. He said, if he were a member of Congress, he would show a magnanimity upon this occasion, and would say to the refugees, take your property, we scorn to make any use of it in building up our system.

I replied, that we had no power, and Congress had no power, and, therefore, we must consider how it would be reasoned upon in the several Legislatures of the separate States, if, after being sent by us to Congress, and by them to the several States, in the course of twelve or fifteen months, it should be there debated. You must carry on the war six or nine months certainly, for this compensation; and consequently spend, in the prosecution of it, six or nine times the sum necessary to make the compensation; for I presume this war costs every month to Great Britain, a larger sum than would be necessary to pay for the forfeited estates.

"How," said I, "will an independent man in one of our Assemblies consider this? We will take a man, who is no partisan of England or France, one who wishes to do justice to both, and to all nations, but is the partisan only of his own." "Have you seen," said he, "a certain letter written to the Count de Vergennes, wherein Mr Samuel Adams is treated pretty freely?" "Yes," said I, "and several other papers, in which Mr John Adams has been treated so too. I do not know what you may have heard in England of Mr Samuel Adams. You may have been taught to believe, for what I know, that he eats little children. But I assure you, he is a man of humanity and candor, as well as integrity; and further, that he is devoted to the interest of his country, and, I believe, wishes never to be, after a peace, the partisan to France or England, but to do justice and all the good he can to both. I thank you for mentioning him, for I will make him my orator. What will he say, when the question of amnesty and compensation to the tories comes before the Senate of Massachusetts, and when he is informed, that England makes a point of it, and that France favors her? He will say, here are two old sagacious Courts, both endeavoring to sow the seeds of discord among us, each endeavoring to keep us in hot water; to keep up continual broils between an English party and a French party, in hopes of obliging the independent and patriotic party to lean to its side. England wishes them here, and compensated, not merely to get rid of them, and to save herself the money, but to plant among us instruments of her own, to make divisions among us, and between us and France, to be continually crying down the religion, the government, the manners of France, and crying up the language, the fashions, the blood, &c. of England. England also means, by insisting on our compensating these worst of enemies, to obtain from us a tacit acknowledgment of the right of the war, an implicit acknowledgment, that the tories have been justifiable, or at least excusable, and that we, only by a fortunate coincidence of events, have carried a wicked rebellion into a complete revolution. At the very time, when Britain professes to desire peace, reconciliation, perpetual oblivion of all past unkindnesses, can she wish to send in among us a number of persons, whose very countenances will bring fresh to our remembrance the whole history of the rise and progress of the war, and of all its atrocities? Can she think it conciliatory, to oblige us to lay taxes upon those, whose habitations have been consumed, to reward those who have burned them? Upon those, whose relations have been cruelly destroyed, to compensate the murderers? What can be the design of France, on the other hand, by espousing the cause of those men? Indeed, her motives may be guessed at. She may wish to keep up in our minds a terror of England, and a fresh remembrance of all we have suffered. Or she may wish to prevent our Ministers in Europe from agreeing with the British Ministers, until she shall say, that she and Spain are satisfied in all points."

I entered largely with Mr Oswald into the consideration of the influence this question would have upon the councils of the British cabinet, and the debates in Parliament. The King and the old Ministry might think their personal reputations concerned, in supporting men who had gone such lengths, and suffered so much in their attachment to them. The King may say, "I have other dominions abroad, Canada, Nova Scotia, Florida, the West India Islands, the East Indies, Ireland. It will be a bad example to abandon these men. Others will lose their encouragement to adhere to my government." But the shortest answer to this is the best, let the King by a message recommend it to Parliament to compensate them.

But how will my Lord Shelburne sustain the shock of opposition, when Mr Fox and Mr Burke shall demand a reason, why the essential interests of the nation are sacrificed to the unreasonable demands of those very men, who have done this great mischief to the empire? Should these orators indulge themselves in Philippics against the refugees, show their false representations, their outrageous cruelties, their innumerable demerits against the nation, and then attack the First Lord of the Treasury for continuing to spend the blood and treasure of the nation for their sakes?

Sunday, November 17th.—Mr Vaughan came to me yesterday, and said, that Mr Oswald had that morning called upon Mr Jay, and told him, if he had known as much the day before, as he had since learned, he would have written to go home. Mr Vaughan said, Mr Fitzherbert had received a letter from Mr Townshend, that the compensation would be insisted on. Mr Oswald wanted Mr Jay to go to England; thought he could convince the Ministry. Mr Jay said, he must go with or without the knowledge and advice of the Court, and, in either case, it would give rise to jealousies. He could not go. Mr Vaughan said, he had determined to go, on account of the critical state of his family, his wife being probably abed. He should be glad to converse freely with me, and obtain from me all the lights and arguments against the tories, even the history of their worst actions. That, in case it should be necessary to run them down, it might be done, or at least expose them, for their true history was little known in England. I told him, I must be excused, it was a subject that I had never been desirous of obtaining information upon; that I pitied those people too much, to be willing to aggravate the sorrows and sufferings, even of those who had deserved the worst. It might not be amiss to reprint the letters of Bernard, Hutchinson, and Oliver, to show their rise. It might not be amiss to read the history of Wyoming, in the annual register for 1778 or 9, to recollect the prison ships, and the churches at New York, where the garrison of Fort Washington were starved, in order to make them enlist in refugee corps, it might not be amiss to recollect the burning of cities, and the thefts of plate, negroes, and tobacco.

I entered into the same arguments with him that I had used with Mr Oswald, to show that we could do nothing; Congress nothing; the time it would take to consult the States, and the reason to believe, that all of them would at last decide against it. I showed him, that it would be a religious question with some; a moral one with others; and a political one with more; an economical one with very few. I shewed him the ill effect which would be produced upon the American mind by this measure; how much it would contribute to perpetuate alienation against England, and how French emissaries might, by means of these men, blow up the flames of animosity and war. I showed him how the whig interest, and the opposition, might avail themselves of this subject in Parliament, and how they might embarrass the Minister.

He went out to Passy for a passport, and in the evening called upon me again; he said he found Dr Franklin's sentiments to be the same with Mr Jay's and mine, and hoped he should be able to convince Lord Shelburne. He was pretty confident it would work right. The Ministry and nation were not informed upon the subject. Lord Shelburne had told him, that no part of his office gave him so much pain, as the levee he held for these people, and hearing their stories of their families and estates, their losses, sufferings, and distresses. Mr Vaughan said, he had picked up here a good deal of information about these people from Mr Allen, and other Americans.

In the evening, M. de Lafayette came in and told me he had been to see M. de Fleury on the subject of a loan. He told him, he must afford America this year a subsidy of twenty millions. M. de Fleury said, France had already spent two hundred and fifty millions in the American war, and that they could not allow any more money to her; that there was a great deal of money in America; that the King's troops had been paid and subsisted there; that the British army had been subsisted and paid there, &c. The Marquis said, that little of the subsistence or pay of the British had gone into any hands, but those of the tories within the lines. I said, that more money went in for their goods, than came out for provisions, or anything. The Marquis added to M. de Fleury, that Mr Adams had a plan for going to the States-General for a loan, or a subsidy. M. de Fleury said, he did not want the assistance of Mr Adams, to get money in Holland, he could have what he would. The Marquis said, Mr Adams would be glad of it, he did not want to go, but was willing to take the trouble, if necessary.

The Marquis said, that he should dine with the Queen tomorrow, and would give her a hint to favor us, that he should take leave in a few days, and should go in the fleet that was to sail from Brest; that he wanted the advice of Dr Franklin, Mr Jay, and me, before he went, &c. said that there was a report, that M. Gerard had been in England, and that M. de Rayneval was gone. I told him, I saw M. Gerard at Mr Jay's a few evenings ago. He said, he did not believe M. Gerard had been; that he had mentioned it to Count de Vergennes, and he did not appear confused at all, but said M. Gerard was here about the limits of Alsace. The Marquis said, that he believed the reason why Count de Vergennes said so little about the progress of Mr Fitzherbert with him was, because the difficulty about peace was made by the Spaniards, and he was afraid of making the Americans still more angry with Spain. He knew the Americans were very angry with the Spaniards.

Monday, November 18th.—Returned Mr Oswald's visit. He says, Mr. Strachey, who sat out the 5th, did not reach London until the 10th. Couriers are three, four, or five days in going, according as the winds are.

We went over the old ground concerning the tories. He began to use arguments with me to relax. I told him, he must not think of that; but must bend all his thoughts to convince and persuade his Court to give it up; that if the terms now before his Court were not accepted, the whole negotiation would be broken off, and this Court would probably be so angry with Mr Jay and me, that they would set their engines to work upon Congress, get us recalled, and some others sent, who would do exactly as this Court would have them. He said, he thought that very probable. In another part of his conversation he said, we should all have gold snuff boxes, set with diamonds; you will certainly have the picture. I told him no, I had dealt too freely with this Court, I had not concealed from them any useful and necessary truth, although it was disagreeable. Indeed, I neither expected, or desired any favors from them, nor would I accept any; I should not refuse any customary compliment of that sort, but it never had been, or would be offered to me. My fixed principle, never to be the tool of any man, nor the partisan of any nation, would forever exclude me from the smiles and favors of Courts.

In another part of the conversation I said, that when I was young and addicted to reading, I had heard about dancing upon the points of metaphysical needles; but, by mixing in the world, I had found the points of political needles finer and sharper than the metaphysical ones. I told him the story of Josiah Quincy's conversation with Lord Shelburne, in 1774, in which he pointed out to him the plan of carrying on the war, which has been pursued this year, by remaining inactive on land, and cruising upon the coast to distress our trade.

He said he had been contriving an artificial truce, since he found we were bound by treaty not to agree to a separate truce. He had proposed to the Ministry, to give orders to their men-of-war, and privateers, not to take any unarmed American vessels.

I said to him, supposing the armed neutrality should acknowledge American independence, by admitting Mr Dana, who is now at Petersburg with a commission in his pocket for that purpose, to subscribe to the principles of their marine treaty; the King of Great Britain could find no fault with it; he could never hereafter say it was an affront or hostility; he had done it himself. Would not all neutral vessels have a right to go to America? And could not all American trade be carried on in neutral bottoms? I said to him, that England would always be a country, which would deserve much of the attention of America, independently of all consideration of blood, origin, language, morals, &c.; merely as a commercial people, she would forever claim the respect of America, because a great part of her commerce would be with her, provided she came to her senses, and made peace with us, without any points in the treaty, that should ferment in the minds of the people. If the people should think themselves unjustly treated, they would never be easy, and they are so situated as to be able to hurt any power. The fisheries, the Mississippi, the tories, were points that would rankle, and that nation that should offend our people in any of them, would sooner or later feel the consequences.

Mr Jay, M. Couteulx, and Mr Grand, came in. Mr Grand says there is a great fermentation in England, and that they talk of uniting Lord North and Mr Fox in administration; the Duke of Portland to come in, and Keppel to go out. But this is wild.

You are afraid, said Mr Oswald today, of being made the tools of the powers of Europe. Indeed I am, said I. What powers, said he? All of them, said I. It is obvious that all the powers of Europe will be continually manœuvring with us, to work us into their real or imaginary balances of power. They will all wish to make of us a makeweight candle, when they are making out their pounds. Indeed it is not surprising; for we shall very often, if not always be able to turn the scale. But I think it ought to be our rule not to meddle, and that of all the powers of Europe, not to desire us, or perhaps even to permit us to interfere, if they can help it. I beg of you, said he, to get out of your head the idea, that we shall disturb you. What, said I, do you yourself believe, that your Ministers, Governors, and even nation, will not wish to get us of your side in any future war? As for the Governors, said he, we will take off their heads if they do an improper thing towards you. Thank you for your good will, said I, which I feel to be sincere. But nations do not feel as you and I do. And your nation, when it gets a little refreshed from the fatigues of the war; when men and money are become plenty, and allies at hand, will not feel as it does now. We never can be such sots, said he, as to think of differing again with you. Why, said I, in truth I have never been able to comprehend the reason, why you ever thought of differing with us.

Monday, November 25th. Doctor Franklin, Mr Jay, and myself, at 11 o'clock, met at Mr Oswald's lodgings. Mr Strachey told us, he had been to London, and waited personally on every one of the King's cabinet council, and had communicated the last propositions to them. They every one of them unanimously condemned that respecting the tories, so that that unhappy affair stuck, as he foresaw and foretold it would.

The affair of the fishery too was somewhat altered. They could not admit us to dry on the shores of Nova Scotia, nor to fish within three leagues of the coast of Cape Breton. The boundary they did not approve. They thought it too extended, too vast a country; but they would not make a difficulty. That if these terms were not admitted, the whole affair must be thrown into Parliament, where every man would be for insisting on restitution to the refugees. He talked about excepting a few, by name, of the most obnoxious of the refugees.

I could not help observing, that the ideas respecting the fishery appeared to me to come piping hot from Versailles. I quoted to them the words of our treaty with France, in which the indefinite and exclusive right to the fishery on the western side of Newfoundland was secured against us, according to the true construction of the treaties of Utrecht and Paris. I showed them the 12th and 13th articles of the treaty of Utrecht, by which the French were admitted to fish from Cape Bonavista to Point Riche. I related to them the manner in which the cod and haddock came into the rivers, harbors, creeks, and up to the very wharves, on all the northern coasts of America, in the spring, in the month of April, so that you have nothing to do, but step into a boat, and bring in a parcel of fish in a few hours. But that in May they began to withdraw. We have a saying in Boston that, "when the blossoms fall, the haddock begin to crawl," i.e. to move into deep water; so that in summer you must go out some distance to fish; at Newfoundland it was the same. The fish in March and April were in shore, in all the creeks, bays, and harbors, i.e. within three leagues of the coasts or shores of Newfoundland and Nova Scotia; that neither French nor English, could go from Europe and arrive early enough for the first fare; that our vessels could, being so much nearer, an advantage which God and nature had put into our hands; but this advantage of ours had been an advantage to England; because our fish had been sold in Spain and Portugal for gold and silver, and that gold and silver sent to London for manufactures; that this would be the course again; that France foresaw it, and wished to deprive England of it, by persuading her to deprive us of it; that it would be a master stroke of policy if she could succeed; but England must be completely the dupe before she could succeed.

There were three lights in which it might be viewed. 1st. As a nursery for seamen. 2d. As a source of profit. 3d. As a source of contention. As a nursery of seamen, did England consider us as worse enemies than France? Had she rather France should have the seamen than America? The French marine was nearer and more menacing than ours. As a source of profit, had England rather France should supply the markets of Lisbon and Cadiz with fish, and take the gold and silver, than we? France would never spend any of that money in London. We should spend it all there, very nearly. As a source of contention, how could we restrain our fishermen (the boldest men alive) from fishing in prohibited places? How could our men see the French admitted to fish, and themselves excluded by the English? It would then be a cause of disputes, and such seeds France might wish to sow. That I wished for two hours' conversation on the subject with one of the King's council. If I did not convince him he was undesignedly betraying the interest of his Sovereign; I was mistaken. Strachey said, perhaps I would put down some observations in writing upon it; I said, with all my heart, provided I had the approbation of my colleagues; but I could do nothing of the kind without submitting it to their judgments; and, that whatever I had said or should say, upon the subject, however strongly I might express myself was always to be understood, with submission to my colleagues. I showed them Captain Coffin's letter, and gave them his character. His words are;

"Our fishermen from Boston, Salem, Newbury, Marblehead, Cape Ann, Cape Cod, and Nantucket, have frequently gone out on the fisheries to the Straits of Belleisle, north part of Newfoundland, and the banks adjacent thereto, there to continue the whole season, and have made use of the north part of Newfoundland, the Labrador coast, in the Straits of Belleisle, to cure their fish, which they have taken in and about those coasts. I have known several instances of vessels going there to load in the fall of the year, with the fish taken and cured at these places, for Spain, Portugal, &c. I was once concerned in a voyage of that kind myself, and speak from my own knowledge.

"From Cape Sables, to the Isle of Sables, and so on to the Banks of Newfoundland, are a chain of banks, extending all along the coast, and almost adjoining each other, and those banks are where our fishermen go for the first fare, in the early part of the season. Their second fare is on the Banks of Newfoundland, where they continue to fish, till prevented by the tempestuous and boisterous winds, which prevail in the fall of the year on that coast. Their third and last fare is generally made near the coast of Cape Sables, or banks adjoining thereto, where they are not only relieved from those boisterous gales, but have an asylum to fly to in case of emergency, as that coast is lined, from the head of Cape Sables to Halifax, with most excellent harbors. The sea-cow fishery was, before the present war, carried on to great advantage, particularly from Nantucket and Cape Cod, in and about the river St Lawrence, at the Island St Johns and Anticosti, Bay of Chaleurs, and the Magdalen Islands, which were the most noted of all for that fishery. This oil has the preference to all others, except spermaceti."

Mr Jay desired to know whether Mr Oswald had now power to conclude and sign with us. Strachey said he had, absolutely. Mr Jay desired to know if the propositions now delivered us, were their ultimatum. Strachey seemed loath to answer, but at last said, no. We agreed these were good signs of sincerity. Bancroft came in this evening, and said, it was reported, that a courier had arrived from M. Rayneval, in London, and that after it, the Count de Vergennes told the King, that he had the peace in his pocket, that he was now master of the peace.

Tuesday, November 26th. Breakfasted at Mr Jay's, with Dr Franklin, in consultation upon the propositions made to us yesterday, by Mr Oswald. We agreed unanimously, to answer him, that we could not consent to the article respecting the refugees, as it now stands. Dr Franklin read a letter upon the subject, which he had prepared to Mr Oswald, upon the subject of the tories, which we had agreed with him, that he should read, as containing his private sentiments. We had a vast deal of conversation upon the subject. My colleagues opened themselves, and made many observations concerning the conduct, crimes, and demerits of those people. Before dinner Mr Fitzherbert came in, whom I had never seen before, a gentleman of about thirtythree; seems pretty discreet and judicious, and did not discover those airs of vanity, which are imputed to him. He came in consequence of the desire I expressed yesterday, of knowing the state of the negotiation between him and the Count de Vergennes, respecting the fishery. He told us, that the Count was for fixing the boundaries where each nation should fish; he must confess he thought the idea plausible, for that there had been great dissensions among the fishermen of the two nations; that the French Marine Office had an apartment full of complaints and representations of disputes; that the French pretended, that Cape Ray was the Point Riche.

I asked him, if the French demanded of him an exclusive right to fish and dry between Cape Bonavista and the Point Riche. He said they had not expressly, and he intended to follow the words of the Treaty of Utrecht and Paris, without stirring the point. I showed him an extract of a letter from the Earl of Egremoot, to the Duke of Bedford, of March the 1st, 1763, in which it is said, that, by the 13th article of the Treaty of Utrecht, a liberty was left to the French to fish, and to dry their fish on shore; and for that purpose to erect the necessary stages and buildings, but with an express stipulation, "de ne pas sejourner dans la dite Isle, au delà du dit tems nécessaire pour pêcher et sécher les poissons." That it is a received law among the fishermen, that whoever arrives first shall have his choice of the stations; that the Duc de Nivernois insisted, that by the Treaty of Utrecht, the French had an exclusive right to the fishery, from Cape Bonavista to Point Riche; that the King gave to his Grace, the Duke of Bedford, express instructions to come to an eclaircissement upon the point with the French Ministry, and to refuse the exclusive construction of the Treaty of Utrecht. I also showed him a letter from Sir Stamier Porteen, Lord Weymouth's Secretary, to Lord Weymouth, enclosing an extract of Lord Egremont's letter to the Duke of Bedford, by which it appears, that the Duc de Nivernois insisted "that the French had an exclusive right to the fishery, from Cape Bonavista to point Riche, and that they had, on ceding the island of Newfoundland to Great Britain, by the thirteenth article of the Treaty of Utrecht, expressly reserved to themselves such an exclusive right, which they had constantly been in possession of till they were entirely driven from North America, in the last war."

For these papers I am obliged to Mr Izard. Mr Fitzherbert said it was the same thing now, word for word; but he should endeavor to have the treaty conformable to those of Utrecht and Paris. But he said we had given it up by admitting the word "exclusive" into our treaty. I said, perhaps not; for the whole was to be conformable to the true construction of the treaties of Utrecht and Paris, and that if the English did not now admit the exclusive construction, they could not contend for it against us. We had only contracted not to disturb them, &c. I said it was the opinion of all the fishermen in America, that England could not prevent our catching a fish, without preventing themselves from getting a dollar; that the first fare was our only advantage; that neither the English nor French could have it; it must be lost if we had it not. He said, he did not think much of the fishery, as a source of profit, but as a nursery of seamen. I told him, the English could not catch a fish the more, or make a sailor the more, for restraining us; even the French would rival them in the markets of Spain and Portugal. It was our fish they ought to call their own; because we should spend the profit with them; that the Southern States had staple commodities; but New England had no other remittances than the fishery, no other way to pay for their clothing; that it entered into our distilleries and West India trade, as well as our European trade, in such a manner, that it could not be taken out or diminished without tearing and rending; that, if it should be left to its natural course, we could hire or purchase spots of ground, on which to erect stages and buildings; but if we were straitened by treaty, that treaty would be given in instructions to Governors and Commodores, whose duty it would be to execute it; that it would be very difficult to restrain our fishermen, they would be frequently transgressing and making disputes and troubles.

He said, his principal object was to avoid sowing seeds of future wars. I said, it was equally my object, and that I was persuaded, that if the germ of a war was left anywhere, there was the greatest danger of its being left in the article respecting the fishery. The rest of the day was spent in endless discussions about the tories. Dr. Franklin is very staunch against them, more decided a great deal on this point, than Mr. Jay or myself.

Wednesday, November 27th.—Mr. Benjamin Vaughan came in, returned from London, where he had seen Lord Shelburne. He says, he finds the Ministry much embarrassed with the tories, and exceedingly desirous of saving their honor and reputation in this point; that it is reputation more than money, &c. Dined with Mr. Jay, and spent some time before dinner with him and Dr. Franklin, and all the afternoon with them and Mr. Oswald, endeavoring to come together concerning the fisheries and the tories.

Thursday, November 28th.—This morning I have drawn up the following project.

Art. iii. "That the subjects of his Britannic Majesty, and the people of the said United States, shall continue to enjoy, unmolested, the right to take fish of every kind, on the Grand Bank, and on all the other banks of Newfoundland; also in the Gulf of St. Lawrence, and in all other places, where the inhabitants of both countries used at any time heretofore to fish; and the citizens of the said United States, shall have liberty to cure and dry their fish on the shores of Cape Sables, and of any of the unsettled bays, harbors, or creeks of Nova Scotia, or any of the shores of the Magdalen Islands, and of the Labrador coast. And they shall be permitted, in time of peace, to hire pieces of land for terms of years, of the legal proprietors, in any of the dominions of his said Majesty, whereon to erect the necessary stages and buildings, and to cure and dry their fish."

Friday, November 29th.—Met Mr Fitzherbert, Mr Oswald, Dr Franklin, Mr Jay, Mr Laurens, and Mr Strachey, at Mr Jay's, Hôtel d'Orléans, and spent the whole day, in discussions about the fishery and the tories. I proposed a new article concerning the fishery, it was discussed and turned in every light, and multitudes of amendments proposed on each side, and, at last, the article drawn as it was finally agreed to. The other English gentlemen being withdrawn upon some occasion, I asked Mr Oswald, if he could not consent to leave out the limitation of three leagues from all their shores, and the fifteen from those of Louisbourg.

He said, in his own opinion, he was for it; but his instructions were such that he could not do it. I perceived by this, and by several incidents and little circumstances before, which I had remarked to my colleagues, who were much of the same opinion, that Mr Oswald had an instruction, not to settle the articles of the fishery and refugees, without the concurrence of Mr Fitzherbert and Mr Strachey.

Upon the return of the other gentlemen, Mr Strachey proposed to leave out the word right of fishing, and make it liberty. Mr Fitzherbert said the word right was an obnoxious expression. Upon this, I rose up and said, gentlemen, is there, or can there be, a clearer right? In former treaties, that of Utrecht, and that of Paris, France and England have claimed the right, and used the word. When God Almighty made the Banks of Newfoundland at three hundred leagues distance from the people of America, and at six hundred leagues distance from those of France and England, did he not give as good a right to the former as to the latter? If Heaven in the creation gave a right, it is ours at least as much as yours. If occupation, use, and possession give a right, we have it as clearly as you. If war, and blood, and treasure give a right, ours is as good as yours.

We have constantly been fighting in Canada, Cape Breton, and Nova Scotia, for the defence of this fishery, and have expended beyond all proportion more than you; if then the right cannot be denied, why should it not be acknowledged, and put out of dispute? Why should we leave room for illiterate fishermen to wrangle and chicane?

Mr Fitzherbert said, the argument is in your favor. I must confess your reasons appear to be good; but Oswald's instructions were such, that he did not see how he could agree with us; "and, for my part, I have not the honor and felicity to be a man of that weight and authority in my country, that you, gentlemen, are in yours; (this was very genteely said) I have the accidental advantage of a little favor with the present Minister, but I cannot depend upon the influence of my own opinion, to reconcile a measure to my countrymen. We can consider ourselves as little more than pens in the hands of government at home, and Mr Oswald's instructions are so particular."

I replied to this; "the time is not so pressing upon us, but that we can wait until a courier goes to London with your representations upon this subject, and others that remain between us, and I think the Ministers must be convinced."

Mr Fitzherbert said, "to send again to London, and have all laid loose before Parliament, was so uncertain a measure, it was going to sea again."

Upon this, Dr Franklin said, that "if another messenger was to be sent to London, he ought to carry something more respecting a compensation to the sufferers in America."

He produced a paper from his pocket, in which he had drawn up a claim, and he said the first principle of the treaty was equality and reciprocity. Now they demanded of us payment of debts, and restitution, or compensation to the refugees. If a draper had sold a piece of cloth to a man upon credit, and then sent a servant to take it from him by force, and afterwards should bring his action for the debt, would any court of law or equity give him his demand, without obliging him to restore the cloth? Then he stated the carrying off of goods from Boston, Philadelphia, and the Carolinas, Georgia, Virginia, &c., and the burning of the towns, &c. and desired, that this might be sent with the rest.

Upon this, I recounted the history of General Gage's agreement with the inhabitants of Boston, that they should remove with their effects, upon condition, that they would surrender their arms; but as soon as the arms were secured, the goods were forbid to be carried out, and were finally carried off in large quantities to Halifax. Dr Franklin mentioned the case of Philadelphia, and the carrying off of effects there, even his own library. Mr Jay mentioned several other things, and Mr Laurens added the plunders in Carolina, of negroes, plate, &c.

After hearing all this, Mr Fitzherbert, Mr Oswald, and Mr Strachey retired for some time, and returning, Mr Fitzherbert said, that upon consulting together, and weighing everything as maturely as possible, Mr Strachey and himself had determined to advise Mr Oswald to strike with us, according to the terms we had proposed as our ultimatum, respecting the fishery and the loyalists. Accordingly, we all sat down, and read over the whole treaty, and corrected it, and agreed to meet tomorrow, at Mr Oswald's house, to sign and seal the treaties, which the Secretaries were to copy fair in the mean time.

I forgot to mention, that when we were upon the fishery, and Mr Strachey and Mr Fitzherbert were urging us to leave out the word right, and substitute the word liberty, I told them at last, in answer to their proposal to agree upon all other articles, and leave that of the fishery to be adjusted at the Definitive Treaty, that I could never put my hand to any articles, without satisfaction about the fishery; that Congress had three or four years ago, when they did me the honor to give me a commission to make a Treaty of Commerce with Great Britain, given me a positive instruction not to make any such treaty, without an article in the Treaty of Peace, acknowledging our right to the fishery; that I was happy Mr Laurens was now present, who, I believed, was in Congress at the time, and must remember it. Mr Laurens, upon this, said with great firmness, that he was in the same case, and could never give his voice for any articles without this. Mr Jay spoke up, and said, it could not be a peace, it would only be an insidious truce without it.

Saturday, November 30th. St Andrews' Day.—We met first at Mr Jay's, then at Mr Oswald's, examined and compared the treaties. Mr Strachey had left out the limitation of time, the twelve months, that the refugees were allowed to reside in America, in order to recover their estates, if they could. Dr Franklin said this was a surprise upon us. Mr Jay said so too. We never had consented to leave it out, and they insisted upon putting it in, which was done.

Mr Laurens said, there ought to be a stipulation, that the British troops should carry off no negroes, or other American property. We all agreed. Mr Oswald consented.

Then the treaties were signed, sealed, and delivered, and we all went out to Passy to dine with Dr. Franklin. Thus far has proceeded this great affair. The unravelling of the plot has been to me the most affecting and astonishing part of the whole piece.

As soon as I arrived in Paris, I waited on Mr Jay, and learned from him the rise and progress of the negotiations. Nothing, that has happened since the beginning of the controversy in 1761, has ever struck me more forcibly, or affected me more intimately, than that entire coincidence of principles and opinions between him and me. In about three days I went out to Passy, and spent the evening with Dr Franklin, and entered largely into conversation with him upon the course and present state of our foreign affairs. I told him, without reserve, my opinion of the policy of this Court, and of the principles, wisdom, and firmness, with which Mr Jay had conducted the negotiation in his sickness and my absence, and that I was determined to support Mr Jay to the utmost of my power in the pursuit of the same system. The Doctor heard me patiently, but said nothing.

The first conference we had afterwards with Mr Oswald, in considering one point and another, Dr Franklin turned to Mr Jay, and said, I am of your opinion, and will go on with these gentlemen in the business, without consulting this Court. He accordingly met with us in most of our conferences, and has gone with us, in entire harmony and unanimity throughout, and has been able and useful, both by his sagacity and his reputation in the whole negotiation.[15]

I was very happy, that Mr Laurens came in, although it was the last day of the conferences, and wish he could have been sooner. His apprehension, notwithstanding his deplorable affliction under the recent loss of so excellent a son, is as quick, his judgment as sound, and his heart as firm as ever. He had an opportunity of examining the whole, and judging and approving, and the article, which he caused to be inserted at the very last, that no property should be carried off, which would most probably in the multiplicity and hurry of affairs have escaped us, was worth a longer journey, if that had been all. But his name and weight is added, which is of much greater consequence. These miserable minutes may help me to recollect, but I have not found time, amidst the hurry of business and crowd of visits, to make a detail.

I should have before noted, that at our first conference about the fishery, I related the facts, as well as I understood them; but knowing nothing myself, but as a hearsay witness, I found it had not the weight of occular testimony; to supply which defect, I asked Dr Franklin, if Mr Williams of Nantes could not give us light. He said Mr Williams was on the road to Paris, and as soon as he arrived he would ask him. In a few days, Mr Williams called on me, and said Dr Franklin had, as I desired him, inquired of him about the fishery, but he was not able to speak particularly upon that subject; but there was at Nantes a gentleman of Marblehead, Mr Samuel White, son-in-law to Mr Hooper, who was master of the subject, and to him he would write.

Mr Jeremiah Allen, a merchant of Boston, called on me about the same time. I inquired of him. He was able only to give such a hearsay account as I could give myself. But I desired him to write to Mr White, at Nantes, which he undertook to do, and did. Mr White answered Mr Allen's letter by referring him to his answer to Mr Williams, which Mr Williams received and delivered to Dr Franklin, who communicated it to us, and it contained a good account.

I desired Mr Thaxter to write to Messrs Ingraham and Bromfield, and Mr Storer to write to Captain Coffin at Amsterdam. They delivered me the answers, both contained information, but Coffin's was the most particular, and of the most importance, as he spoke as a witness. We made the best use of these letters with the English gentlemen, and they appeared to have a good deal of weight with them.

From first to last, I ever insisted upon it with the English gentlemen, that the fisheries and the Mississippi, if America was not satisfied in those points, would be the sure and certain sources of a future war, showed them the indispensable necessity of both to our affairs, and that no treaty we could make, which should be unsatisfactory to our people upon those points, could be observed; that the population near the Mississippi would be so rapid, and the necessities of the people for its navigation so pressing, that nothing could restrain them from going down, and if the force of arms should be necessary, it would not be wanting; that the fishery entered into our distilleries, our coasting trade, our trade with the Southern States, with the West India Islands, with the coast of Africa, and with every part of Europe in such a manner, and especially with England, that it could not be taken from us, or granted us stingily, without tearing and rending; that the other States had staples, we had none but fish, no other means of remittances to London, or paying those very debts they had insisted upon so seriously; that if we were forced off, at three leagues distance, we should smuggle eternally, that their men-of-war might have the glory of sinking, now and then, a fishing schooner, but this would not prevent a repetition of the crime, it would only inflame, and irritate, and enkindle a new war, that in seven years we should break through all restraints, and conquer from them the island of Newfoundland itself, and Nova Scotia too.

Mr Fitzherbert always smiled, and said it was very extraordinary that the British Ministry and we should see it in so different a light. That they meant the restriction, in order to prevent disputes, and kill the seeds of war, and we should think it so certain a source of disputes, and so strong a seed of war; but that our reasons were such, that he thought the probability on our side.

I have not time to minute the conversation about the sea-cow fishery, the whale fishery, the Magdalen Islands, the Labrador coasts, and the coasts of Nova Scotia. It is sufficient to say, they were explained to the utmost of our knowledge, and finally conceded.

I should have noted before, the various deliberations between the English gentlemen and us, relative to the words, "indefinite and exclusive right," which the Count de Vergennes and M. Gerard had the precaution to insert in our treaty with France. I observed often to the English gentlemen, that, aiming at excluding us from fishing upon the north side of Newfoundland, it was natural for them to wish that the English would exclude us from the south side. This would be making both alike, and take away an odious distinction. French statesmen must see the tendency of our fishermen being treated kindly and hospitably, like friends, by the English on their side of the Island, and unkindly, inhospitably, and like enemies, on the French. I added, further, that it was my opinion, neither our treaty with the French, nor any treaty or clause to the same purpose, which the English could make, would be punctually observed. Fishermen, both from England and America, would smuggle, especially the Americans, in the early part of the spring, before the Europeans could arrive. This, therefore, must be connived at by the French, or odious measures must be recurred to by them or us to suppress it, and, in either case, it was easy to see what would be the effect upon the American mind. They, no doubt, therefore, wished the English to put themselves upon as odious a footing at least as they had done.

Dr Franklin said, that there was great weight in this observation, and the Englishmen showed plainly enough that they felt it.

I have not attempted, in these notes, to do justice to the arguments of my colleagues; all of whom were throughout the whole business, when they attended, very attentive and very able, especially Mr Jay, to whom the French, if they knew as much of his negotiations as they do of mine, would very justly give the title, with which they have inconsiderately decorated me, that of "Le Washington de la négotiation," a very flattering compliment indeed, to which I have not a right; but sincerely think it belongs to Mr Jay.

Tuesday, December 3d.—Visited M. Brantzen, Hôtel de la Chine. M. Brantzen asked me, how we went on? I told him we had come to a full stop, by signing and sealing the preliminaries the 30th of November. I told him, that we had been very industrious, having been at it forenoon, afternoon, and evening, ever since my arrival, either with one another, or with the English gentlemen. He asked if it was definitive and separate? I said by no means. They were only articles to be inserted in the definitive treaty. He asked, if there was to be any truce or armistice in the mean time? I said again, by no means.

He then said, that he believed France and England had agreed too; that the Count de Vergennes' son was gone to England with M. de Rayneval; but he believed the Spaniards had not yet agreed, and the Dutch were yet a great way off, and had agreed upon nothing. They had had several conferences. At the first, he had informed Mr Fitzherbert, that their High Mightinesses insisted upon the freedom of navigation as a preliminary and a sine qua non. Mr Fitzherbert had communicated this to his Court, but the answer received was, that his Court did not approve of conceding this as a sine qua non, but chose to have all the demands of their High Mightinesses stated together. M. Brantzen answered, that his instructions were, not to enter into any conferences upon other points, until this was agreed. That it was the intention of the British Court to agree to this. That he could not consider any changes in the Ministry as making any alteration. They were all Ministers of the same King, and servants of the same nation. That Mr Fox, when he was Secretary of State, by his letter to the Russian Minister, had declared the intention of the King to consent to the freedom of navigation, &c.

M. Brantzen said, however, that he had in his private capacity and without compromising his ministerial character, entered into explanations with Mr Fitzherbert, and had told him that he should insist upon three points, the freedom of navigation, the restitution of territories in the East and West Indies, and compensation for damages. The two first points could not be disputed, and the third ought not be; for the war against them had been unjust, the pretences for it were groundless, their accession to the armed neutrality must now be admitted, even by Britain's accession to it, to have been an illegitimate cause of war, and the object of a treaty with America could not be seriously pretended to be a just cause of war; and many members of Parliament had in the time of it declared the war unjust, and some of those members were now Ministers; even the prime Minister, my Lord Shelburne himself, had freely declared the war unjust in the House of Peers; and if the war was unjust, the damages and injustice ought to be repaired.

Mr Fitzherbert said, that there was no precedent of compensation for damages in a treaty of peace. M. Brantzen begged his pardon, and thought there had been instances. One example in particular, which the English themselves had set against the Dutch, which just then came into his head. Cromwell had demanded compensation of them, and they had agreed, as now appears by the treaty, to pay a hundred thousand pounds sterling as a compensation.

M. Brantzen was not furnished with a full account of all the losses of individuals, and therefore could not precisely say what the amount would be. That perhaps they might not insist upon prompt payment, nor upon a stated sum, but might leave both the sum and time of payment to be ascertained by commissioners at their leisure after the peace.

I observed to him, that we intended to write to Mr Dana, and send him a copy of our preliminaries, that he might commence his negotiations with the neutral powers, and if he succeeded we could then make common cause with Holland, and insist on an article to secure the freedom of navigation. This idea he received with great pleasure, and said he would write about it to the States. Upon this I asked him, with whom he and the other Dutch Ministers abroad, held their correspondence? He answered, that the Secretary Fagel was properly speaking the Minister of Foreign Affairs. That their principal correspondence was with him; but that they had a correspondence with the Grand Pensionary Bleiswick too. That the letters received by the Secretary were laid before the Besogne Secrète, or Committee of Secresy. This committee consisted of so many members, one at least for each Province, that it was very difficult to keep anything secret. Foreign Ministers were very inquisitive, and the Duc de la Vauguyon would be likely to get at it. So that if they had any to write, which they wished secret, they wrote it to the Grand Pensionary, who is not obliged to lay before the States letters entire. He selects such parts as he judges proper, and prints them, to be taken ad referendum, and laid before the Regencies of the cities. That they had sometimes a little diffidence of this Court (quelque méfiance), for this Court was very fine (diablement fine), and when this happened, they wrote to the Grand Pensionary, that it might not be communicated to the French Minister, and consequently to his Court. "These people are vastly profound, They will not favor the Spaniards in obtaining the Floridas. They will play England against Spain, and Spain against England. England against you, and you against England, and all of you against us, and us against all of you, according to their own schemes and interests. They are closely buttoned up about Gibraltar, and as to Jamaica, they will not favor Spain in that view. I expect they will get their own affairs arranged, and then advise England to agree to the freedom of navigation and a restitution of territory, and then advise us to be very easy about compensation." Thus M. Brantzen.

I next visited Mr Jay, to talk about writing to Mr Dana, and communicating to the neutral powers the preliminary articles. Mr Jay says, that Mr Oswald is very anxious that his Court should do that, and he has been writing to the ministry to persuade them to it. Had a long conversation with Mr Jay about the manner of settling the western lands. This I cannot now detail.

Went next to Mr Laurens, upon the subject of writing to Mr Dana, and found him full in my sentiments, and at my return found answers from Dr Franklin and Mr Laurens to the letters I wrote them, both agreeing that this is the critical moment for Mr Dana to commence his negotiations. Doctor Franklin promises to have an authentic copy made to send to Mr Dana.

In the evening many gentlemen came in, among the rest Mr Bourse, the agent of the Dutch East India company, Who expressed a good deal of anxiety about their negotiations, and feared they should not have justice in the East Indies.

Wednesday, December 4th.—It is proper that I should note here, that in the beginning of the year 1780, soon after my arrival at Paris, Mr Galloway's pamphlets fell into my hands. I wrote a long series of letters to a friend, in answer to them. That friend sent them to England, but the printers dared not publish them. They remained there until last summer, when they were begun to be printed, and are continued to this day, (not being yet quite finished,) in Parker's General Advertiser, but with false dates, being dated in the months of January and February last, under the title of "Letters from a distinguished American." They appear to have been well received, and to have contributed somewhat to unite the nation in accelerating the acknowledgment of American independence, and to convince the nation of the necessity of respecting our alliances, and making peace.

I hope it will be permitted to me, or to some other who can do it better, some ten or fifteen years hence, to collect together in one view, my little negotiations in Europe. Fifty years hence it may be published, perhaps twenty. I will venture to say, however feebly I may have acted my part, or whatever mistakes I may have committed, yet the situations I have been in, between angry nations and more angry factions, have been some of the most singular and interesting, that ever happened to any man. The fury of enemies, as well as of elements, the subtlety and arrogance of allies, and, what has been worse than all, the jealousy, envy, and little pranks of friends and copatriots, would form one of the most instructive lessons in morals and politics, that ever was committed to paper.

Monday, December 9th.—Visited Mr Jay. Mr Oswald came in. We slided from one thing to another, into a very lively conversation upon politics. He asked me what the conduct of his Court and nation ought to be in relation to America. I answered, the alpha and omega of British policy towards America was summed up in this one maxim, see that American independence is independent,—independent of all the world,—independent of yourselves, as well as of France,—and independent of both, as well as the rest of Europe. Depend upon it, you have no chance for salvation, but by setting up America very high; take care to remove from the American mind all cause of fear of you; no other motive but fear of you will ever produce in the Americans any unreasonable attachment to the House of Bourbon. "Is it possible," says he, "that the people of America should be afraid of us, or hate us?" "One would think, Mr Oswald," said I, "that you had been out of the world for these twenty years past; yes, there are three millions of people in America, who hate and dread you more than anything in the world." "What," said he, "now we have come to our senses?" "Your change of system is not yet known in America," said I. "Well," said he, "what shall we do to remove those fears and jealousies?" "In one word," said I, "favor and promote the interest, reputation, and dignity of the United States, in everything that is consistent with your own. If you pursue the plan of cramping, clipping, and weakening America, on the supposition, that she will be a rival to you, you will make her really so; you will make her the natural and perpetual ally of your natural and perpetual enemies." "But in what instance," said he, "have we discovered such a disposition?" "In the three leagues from your shores, and the fifteen leagues from Cape Breton," said I, "to which your Ministry insisted so earnestly to exclude our fishermen. Here was a point, that would have done us great harm, and you no good; on the contrary, harm; so that you would have hurt yourselves to hurt us; this disposition must be guarded against." "I am fully of your mind, about that," said he, "but what else can we do?" "Send a Minister to Congress," said I, "at the peace, a clever fellow, who understands himself, and will neither set us bad examples, nor intermeddle in our parties. This will show, that you are consistent with yourselves; that you are sincere in your acknowledgment of American independence; and that you do not entertain hopes and designs of overturning it. Such a Minister will dissipate many fears, and will be of more service to the least obnoxious refugees, than any other measure could be. Let the King send a Minister to Congress, and receive one from that body. This will be acting consistently, and with dignity, in the face of the universe." "Well, what else shall we do?" said he. "I have more than once already," said I, "advised you to put your Ministers upon negotiating the acknowledgment of our independence by the neutral powers." "True," said he, "and I have written, about it, and in my answers," said he, laughing, "I am charged with speculation; but I do not care, I will write them my sentiments. I will not take any of their money. I have spent already twelve or thirteen hundred pounds, and all the reward I will have for it shall be the pleasure of writing as I think. My opinion is, that our Court should sign the armed neutrality, and announce to them what they have done with you, and negotiate to have you admitted to sign too. But I want to write more fully on the subject, I want you to give me your thoughts upon it, for I do not understand it so fully as I wish. What motives can be thrown out to the Empress of Russia? Or what motives can she be supposed to have to acknowledge your independence? And what motives can our Court have to interfere, or intercede with the neutral powers, to receive you into their confederation?"