With respect to the _statu quo_, he says, that though from the number

of their conquests it would be beneficial both to France and Spain,

yet it has not entered into their system so far as it regards America,

and that his Majesty accordingly refused to accede to the plan of

negotiation proposed by the mediating powers, which held up that idea.

He exhorts the Minister to recommend to Congress the most vigorous

exertions, and to assure them, that the expulsion of the enemy from

this continent depends in a great measure on the exertion of the

United States; that France would be able to afford us very little

assistance; and that Britain, so far from discovering any inclination

to peace upon reasonable terms, absolutely refused the plan of

negotiation proposed by the mediating powers; so that arms alone could

compel her to it. He mentions, that the King being apprehensive, that

the capture of the Marquis de Lafayette might reduce us to some

difficulties, had ordered her cargo to be replaced immediately; and

that in consequence of applications from the States of Virginia and

Maryland, he had ordered a number of arms and military stores to be

shipped to them, subject however to the order of Congress. That this

and the cargo designed to replace that of the Marquis de Lafayette,

were to be paid for out of the loan negotiated in Holland, which he

had occasion to think would be completed. He expresses a desire, that

the plan for the appointment of Consuls should be digested and

adopted, as the Court of France wished to make it the basis of some

commercial arrangements between France and the United States.

The Secretary for Foreign Affairs further informed Congress, that the

Minister of France had communicated to him the following extract of a

letter from the Count de Vergennes, which he had transmitted to the

Superintendent of Finance.

Extract of a letter from the Count de Vergennes, September 7th, 1781.

"We think that since the arrival of Colonel Laurens, you have stopped

the bills of Mr Morris on Messrs Le Couteulx. If the Superintendent

has not followed your advice, he will cause us some embarrassment, as

we have not destinated any fund for that article. We have

peremptorily declared to Dr Franklin, that we will not in future

discharge any bills, that had not been drawn with your consent. As to

you, Sir, we cannot but repeat our former instructions on this

subject; and we direct you to authorise no draft even for a small

sum."

* * * * *

No. 1.

_The Answer of his Most Christian Majesty to the Articles proposed by

the two Mediating Courts._[2]

Translation.

The mediators are too well satisfied of the moderation of the King,

and his constant wish for the re-establishment of peace, not to be

previously assured, that his Majesty will receive with as much

gratitude as warmth the _Preliminary Articles_ they have communicated.

The King, the more fully to convince the two high mediators of his

frankness and of the purity of his intentions, as well as of the

unreserved confidence, that he places in the justice and impartiality

of their High Imperial Majesties, believes he ought to make some

confidential observations upon these Preliminary Articles. His Majesty

flatters himself, that this will be more acceptable to them as its

sole objects are to prevent discussions, which are equally

mischievous and complicated, and to facilitate the much wished for

success of their generous interposition.

"ARTICLE I. _There shall be a negotiation at Vienna, by the united

care of the two Imperial Courts, embracing all the objects for the

re-establishment of peace, which the belligerent parties, who

intrust them with the mediation, shall judge proper to be there

proposed. A negotiation shall in the meantime be entered into

between Great Britain and her Colonies for the re-establishment of

peace in America, but without the intervention of either of the

other belligerent parties, or even of the two Imperial Courts,

unless their mediation shall be formally demanded and accorded,

for this object._"

According to the verbal observations, the expressions in the first

part of this Article have been used merely to place the King of Spain

in a situation to propose the cession of Gibraltar, and this turn has

been judged necessary because the Court of London had previously

declared, that it ought to be made without reference to this cession,

while the Catholic King demands it as a preliminary; as this part of

the Article immediately affects the Court of Madrid, the King cannot

but refer himself to it for the answer that shall be made thereto. His

Majesty is content to observe, that having united himself in the same

cause with the King, his uncle, he neither can nor will separate his

interests from those of that Prince, and that he regards the

satisfaction he claims as a condition, without which he cannot

personally treat of those matters.

As to the second part of the Article, the two Imperial Courts cannot

flatter themselves with the hopes of bringing their mediation to a

happy issue, if they do not prevent the subterfuges, the subtelties

and false interpretations, which either of the belligerent powers may

avail themselves of to explain according to their views the

preliminary propositions, which will certainly happen if they do not

previously ascertain the sense of the expressions, which relate to

America.

The Court of London will elude as much and as long as she possibly

can, the direct or indirect acknowledgement of the independence of the

United States, and will avail herself of the terms, that are used in

speaking of them, to maintain, that she is not obliged to treat with

her ancient Colonies as with a free and independent nation. That she

is consequently not reduced to admit a Plenipotentiary on their part,

and that she is at liberty to view the American representative as a

deputy from a part of her subjects who demand a favor. From whence it

will follow, that when the mediation is in force, and they shall be

about to enter upon the negotiation, that they will dispute the

character, in which the American Plenipotentiary shall be received.

The King of England will consider him as his subject, while Congress

will demand, that he shall be received as the representative of a free

people, by means whereof the mediation will be stopped at the first

outset.

To prevent this inconvenience it should seem, that previous to any

other measure, the _character of the American agent_ ought to be

determined in the most precise and positive manner, and Congress

should be invited to confide its interests to the mediation. This

invitation is so much the more interesting, as the negotiation

relative to America should go hand in hand with that of the Courts of

Madrid and Versailles, and by consequence, the negotiations although

separate should commence at the same time.

But who will invite the Congress to treat with England? The King

cannot, since the First Article excludes him from the negotiation.

This task then can only be executed by the mediators themselves; all

that the King can do, and that he will do with zeal and fidelity, is

to invite the Americans to the peace, and to facilitate it by every

means that they believe compatible with their essential interests. But

that the King may take this step with safety, and the hopes of

success, and with the certainty of not rendering himself suspected by

the Americans, it is necessary that he should first know the

determination of the mediators upon the observations now made to them,

and that this determination should be such as to secure to the

American States their political existence.

The two high mediators and their Ministers are too enlightened not to

perceive, that without this preliminary measure the Congress will send

no person to Vienna, and that the King can make no attempts to engage

them thereto, without incurring the danger of involving himself, by

means whereof, and for the reasons already urged, the mediation will

be stopped at its first outset. These reflections appear to merit the

most serious attention of the two mediating Courts.

"ARTICLE II. _This separate peace cannot, however, be signed,

except conjointly, and at the same time with that of the powers

whose interests shall be treated by the mediating Courts. Although

neither peace, notwithstanding they are treated separately, shall

be concluded without the other, yet care shall be taken to inform

the mediators constantly of the progress of that, which regards

Great Britain and the Colonies, to the end, that the mediation may

be able to regulate the measures intrusted to it according to the

state of the negotiation relating to the Colonies, and both of the

pacifications, which shall have been separately concluded at the

same time, shall be solemnly guarantied by the mediating Courts,

and by every other neutral power, whose guarantee the belligerent

powers may think proper to claim._"

When the United States shall have been duly called to the Congress at

Vienna, and shall have commenced their separate negotiation with

England, this Article will make no difficulty with his Majesty.

"ARTICLE III. _To render the negotiations of peace independent of

events of war, always uncertain, which may arrest, or at least

retard their progress, there shall be a general armistice between

the two parties, during the term of one year, reckoning from ----

of the month of ---- of the present year, or reckoning from the

month of ---- of the year 1782. Should it happen, that a general

peace should not be re-established during the first term, or

whilst the duration of either of these terms continues, everything

shall remain in the same state, in which it shall be found at the

signing of these preliminaries._"

This Article includes two objects equally important; an armistice and

a _statu quo_. The mediators have already acknowledged, that without

this preliminary basis, they cannot enter upon a serious negotiation

for a peace; and, for still stronger reason, these preliminaries

should be established before a truce can be spoken of.

The two mediating Courts are themselves of this opinion, since they do

not propose the armistice, but in consequence of the acceptation of

the first and second Preliminary Articles. The King thinks, that

before they can agree to an armistice, it is necessary that the

belligerent parties should have established preliminaries; and it

cannot be denied, that the basis, which the high mediators have

proposed, may lead to a delay of those preliminaries, which should

serve as the pledge and security for the re-establishment of peace,

when, in fact, they really afford none.

But when these preliminaries shall be invariably established, it may

be of consequence to determine what duration should be given to the

suspension of arms. The plan of the mediators proposes one year; but

this term appears too short not to be illusory. In fact, it should be

observed, that the fire of war being kindled in the four quarters of

the world, one part of the year will have revolved before the orders

can be received by the respective commanders; so that tranquillity

will be established in Europe, while hostilities continue in America

and in the Indies. Besides, all the powers remaining armed, the

slightest circumstance may occasion a violation of the truce.

In fine, it is in vain to flatter ourselves with the hope of

concluding a definitive peace in the short space of one year; as,

exclusive of the variety of subjects, that must necessarily be

discussed, the two mediating Courts are at a great distance from each

other; nor is there less between the belligerent powers; and we should

deceive ourselves, if we supposed, that all the propositions, which

will be made on the one part, and on the other, will not give room for

much debate and altercation; or, that they will not, consequently,

consume much time.

To these considerations we ought to add, that an armistice for one

year would be very burdensome, because the powers at war will be

obliged to remain in arms, to their manifest loss, as it will be

impracticable to disarm, as well from the dispersion of the troops, as

from the enormous expense, if, (which is highly probable) it should

become necessary to renew hostilities. If, then, the mediators wish

sincerely to establish the peace they propose, they should prefer a

truce of many years to a simple armistice for one year. This expedient

is better adapted to consolidate their work, than a suspension of arms

for a short time. But a truce will have the same inconveniences, and

be equally dangerous with an armistice, if the belligerent powers

remain under arms. Thus it seems necessary to agree at the same time

reciprocally to disarm.

But supposing these two points settled, there remains another equally

important, that is the _statu quo_. Neither France nor Spain have any

reason to reject it, so far as they are individually concerned. This

is not the case with the Americans. To be satisfied of this, we need

only cast our eyes upon the _points_, that the British troops actually

occupy upon the continent of North America. The question, then, will

be to obtain the consent of the United States, and this consent can

only be demanded by the two Courts that offer their mediation, for the

reasons that have already been urged.

"ARTICLE IV. _This plan of negotiation being adopted by all the

parties, the belligerent powers shall request the mediators to

open the conferences of the Congress, and shall without delay give

their respective plenipotentiaries such full powers and

instructions, as they shall judge necessary for the success of the

negotiation._"

The King will conform himself, with as much pleasure as earnestness,

to this Article, as soon as the preliminary basis shall be irrevocably

established, agreeably to the observation above mentioned. And the

King will then authorise his plenipotentiaries to treat immediately of

the Preliminary Articles, which should lead to a cessation of

hostilities; and, as soon as these Articles shall have been agreed to,

to labor with zeal and assiduity for the early conclusion of a

definitive treaty. The high mediators may be assured, that his Majesty

will facilitate this double task by every means, which he shall deem

compatible with his dignity, with his interest, and with those of his

allies; and that as far as depends upon him, they will acquire the

glory of having established, upon a solid and unalterable basis, the

peace and tranquillity of every part of the world.

FOOTNOTES:

[2] Austria and Russia proposed to act as mediators for a general

peace about the beginning of the year 1781. Some particulars on this

subject will be found in _John Adams's Correspondence_, Vol VI. p.

98;--also in _Flassan's Diplomatic Française_, Vol. VII. p. 300.--The

papers here inserted are imperfect, but they are all that could be

found in the Department of State. They will serve to illustrate that

part of the preceding communication of M. de la Luzerne, which relates

to the proposed mediation.

* * * * *

No. 2.

_The Answer of the Court of London to the Preliminary Articles

proposed by the Mediating Courts._

I am authorised to return an answer to the paper, which, by order of

your Court, you delivered me, and of which I have given an account to

his Majesty.

The answers marked A and B,[3] which I have the honor to submit to

you, explain the unalterable sentiments of the King, upon points

essential to his dignity, and demonstrate the reasons, that obliged

his Majesty to decline the plan proposed, so far as it relates to his

rebellious subjects. The King knows the justice and the impartiality

of the mediating Courts, and he considers the plan with that spirit

of conciliation which they give birth to. But his Majesty cannot but

see it in a very different point of view, from that in which it

appeared to the august mediators when they supposed it admissible in

all points.

The King persuades himself, that after having considered it again,

they will not entertain the same judgment relative thereto as

heretofore; and that they will even cease to wish that it should be

admitted, since, from their intention, as well as from the principles,

which they have laid down with so much wisdom, and which the King

adopts altogether, it necessarily results, that everything

inconsistent with the dignity of his Majesty, the essential interests

of his nation, and the rights of his crown, is inadmissible. A just

and honorable peace with the belligerent powers, under the mediation

of the two Imperial Courts, is the first object of his Majesty's

wishes. The King knows, that the two august mediators will pursue the

great work, that they have undertaken, with the same sentiments, which

induced them to engage therein, the desire of being useful to the

belligerent powers; and his Majesty hopes, that their generous care

will be crowned with success, and that they will serve to reconcile

all the sovereigns at war, by a safe and honorable peace, which it

shall be the interest of all parties to accept, and which shall not

wound the dignity of either of them.

The sincere desire of peace, the gratitude due to the august

sovereigns, who have been willing to charge themselves with the

mediation of it, and the sentiments with which the King will always

receive whatever shall be proposed to him by them, would dispose his

Majesty to accept the proposed Articles, if that acceptation could be

reconciled to his dignity, the interests of the empire, and the rights

of his crown.

1st. On every occasion, in which there has been a question of

negotiation, since the commencement of the war with France, the King

has constantly declared, that he could never admit in any manner

whatsoever, nor under any form, that there should be any interference

between foreign powers and his rebellious subjects.

2dly. The resolution of his Majesty upon this important object is

founded upon what the King owes to his own dignity, upon the essential

interests of his people, and upon the incontestible right, which every

Sovereign has to determine at his pleasure, that which is clearly

within his jurisdiction. This resolution is as immutable, as the

foundation upon which it rests. From the application of this principle

to the different points of the first, second, and third articles,

results the melancholy, but indispensable necessity of declining all

that is proposed in these different articles relative to the

rebellious subjects of his Majesty.

The King invariably entertains the desire, which he has so often

manifested, of terminating the war in which he is engaged with the

belligerent powers, by a just and honorable peace, under the mediation

of the Imperial Courts, and for this purpose his Ministers shall be

furnished with instructions and full powers, necessary to treat of all

objects directly relative to the said powers. They shall be ordered to

pursue the negotiation conformably to the principles explained

therein, with all possible zeal, and to contribute on their part every

suitable means to conduct it to a happy end.

FOOTNOTES:

[3] These papers are missing.

* * * * *

No. 3.

_The verbal Answer of the King of Great Britain to the to the verbal

Observations made by the Count de Belgiojoso, Austrian Ambassador in

London._

Since the King finds himself under the necessity of declining a plan

proposed by the two mediating Courts, he should think himself wanting

in that respect, which is due to them on so many accounts, if he did

not give some details of the reasons, which have rendered it

indispensable for him to take this step. His Majesty is persuaded,

that when the two august mediators shall have considered them with

that spirit of justice and impartiality, which characterises them,

they will become sensible of their weight.

The King would derogate from his rights of sovereignty, should he

consent in any manner to the admission of any person whatever,

delegated to the Congress by his rebel subjects; this admission being

absolutely incompatible with their quality of subjects. For the same

reason, conciliatory measures employed to put an end to a rebellion,

ought not to be intermixed, either in their commencement or in their

conclusion, with a negotiation between sovereign States.

In consequence of the same principle, his Majesty can never enter into

any engagements, nor adopt any plan, which may limit or suspend the

incontestible right, which every Sovereign has, to employ all the

means in his power to terminate a rebellion kindled in his dominions,

either by the progress of his arms, or by conciliatory means employed

in the country itself. If, instead of taking advantage of the present

disposition of a great part of his rebellious subjects to return to

their allegiance, he was to stop the effect and progress of that

disposition by stipulating a suspension of arms, he would retard the

instant of that reconciliation, which he wishes so much to hasten, and

would furnish the leaders of the rebels with the means of fostering

and strengthening their rebellion, and oppressing the well-affected by

the weight of their usurped authority; he would put it in the power of

his enemies to prolong the troubles, if he made the return of peace in

America to depend on the success of a negotiation with a belligerent

power, a negotiation which it would always be in their power to render

fruitless.

The favorable intentions of the King towards his rebellious subjects,

and his desire to make them experience the effects of his clemency,

and restore to them the happiness, which they enjoyed before their

rebellion, are generally known, but whatever may be the arrangements,

which his Majesty will make to restore and ensure the quiet of his

Colonies, and link the happiness of his American subjects to that of

the metropolis, they will be in their nature as all things are, which

are merely national, arrangements of internal policy, and as such,

they cannot properly be the object of the mediation or guarantee of

any foreign power. When the King availed himself of the dispositions

of the two Imperial Courts and employed their mediation, his Majesty

gave it plainly to be understood, that he aimed at the restoration of

peace between the belligerent powers, to which alone it appeared to

him that a mediation could be applied. Persisting invariably in the

same sentiments, the King wishes that the mediation, at the same time

that it confines itself to this particular object, may comprehend it

in its full extent, and that the war between Great Britain and the

Republic of Holland may be included in it.

If the negotiation is opened, agreeably to these principles, and

directed solely to this salutary end, if the other belligerent powers

bring to it the same conciliatory spirit which his Majesty will show,

the generous care of the mediating powers will meet with a success the

most complete, and the most conformable to their views.

* * * * *

No. 4.

_Reply of the Mediators to the Belligerent Powers._

Translation.

The Courts of Versailles and Madrid having transmitted to the two

Imperial Courts their respective answers[4] to the Articles proposed

to serve as a basis to the negotiation, which had been communicated to

them, as the Court of London had done on the 15th of June last, the

two Imperial Courts think, that they must not delay to communicate

their reply reciprocally to the three respective Courts, as necessary

to their mutual direction, and they have directed in consequence their

Ambassadors and Ministers with the said Courts, to present copies of

them to their respective Ministers.

Their Imperial Majesties have seen with the greatest satisfaction, in

that which was transmitted to them by his Most Christian Majesty, the

assurance of the grateful sentiments and real pleasure, with which his

Majesty has received the said Articles, but they could not but be so

much the more affected by the exposition of the motives, which have

appeared to his Britannic Majesty sufficient to prevent his

acceptation of them. It appears convenient to them in the actual state

of things to refer to another time, and other circumstances the

observations, which they might produce, and which it would probably be

useless to expose in the present moment, but what cannot be so either

at present or in future, is that the belligerent powers may see in

their proper light the Articles, which have been proposed to them, and

may in consequence appreciate them properly.

The Diplomatic Correspondence of the American Revolution, Vol. 11 · 第 4 / 33 段