"As to Mr Oswald's offer to make an acknowledgment of our independence

the first article of our treaty, and your Excellency's remark, that it

is sufficient, and that _we are not to expect the effect before the

cause_, permit us to observe, that by the _cause_, we suppose, is

intended the _treaty_, and by the _effect_, an acknowledgment of our

independence. We are sorry to differ from your Excellency, but,

really, Sir, we cannot consider an acknowledgment of our independence

as a subject to be treated about; for while we feel ourselves to be

independent in fact, and know ourselves to be so of right, we can see

but one cause from whence an acknowledgment of it can flow as an

effect, viz. _the existence and truth of the fact_. This cause has

long existed and still exists, and, therefore, we have a right to

expect that Great Britain will treat with us being what we are, and

not as what we are not. To treat about this matter, would be to

suppose that our independence was incomplete until they pronounced it

to be complete. But we hold it to be complete already, and that as it

never did, so it never will, or must depend in the least degree, on

their will and pleasure. To us there appears to be a wide distinction

between their acknowledging the United States to be independent, and

their renouncing their pretended, though troublesome claims; the

former being a pre-existing fact, cannot depend upon, and, therefore,

is not a proper subject for a treaty; but to renounce or not to

renounce a claim, whether good or bad, depends on the will of him who

makes and prosecutes it; and, therefore, like other matters of

interest and convenience, is a proper subject for bargains and

agreements between those who trouble their neighbors with such claims,

and their neighbors who are troubled by them; and who, for peace sake,

may choose to continue the law-suit, unless their future quiet is

secured by a quit claim."

I think it was on the 24th of September, that I was informed of the

intention of the British Court to give Mr Oswald such a new commission

as had been recommended.

On the 26th of September, I went to pay a visit to the Count de

Vergennes, at Versailles. I found the Marquis de Lafayette in the

ante-chamber, and the Ambassador of Spain shortly after entered. After

some common conversation, the Ambassador asked me when we should

proceed to do business. I told him as soon as he should do me the

honor of communicating his powers to treat. He asked me whether the

Count de Florida Blanca had not informed me of his being authorised. I

admitted that he had, but observed, that the usual mode of doing

business, rendered it proper that we should exchange certified copies

of our respective commissions. He said that could not be expected in

our case; for that Spain had not yet acknowledged our independence. I

replied, that we had declined it, and that France, Holland, and

Britain, had acknowledged it. Here the Marquis de Lafayette took up

the subject, and it continued between him and the Ambassador, till the

Count de Vergennes came in. The Marquis told the Ambassador among

other things, that it would not be consistent with the dignity of

France, for her ally to treat otherwise than as independent. This

remark appeared to me to pique the Count d'Aranda not a little.

The Count de Vergennes, on coming in, finding the conversation

earnest, inquired whether we could not agree. The Ambassador stated my

objections. The Count said I certainly ought to treat with the

_Ambassador_, and that it was proper we should make a treaty with

Spain in the same manner that we had done with France. I told him, I

desired nothing more; and that the commission to M. Gerard, and the

reason assigned by this Court to the King of Great Britain for

entering into alliance with us, pointed out both the manner and the

principles, which were observed and admitted on that occasion. The

Count did not seem pleased with my allusion to the communication made

of our alliance to England. He observed, that Spain did not deny our

independence, and he could perceive no good reason for my declining to

confer with the Ambassador about a treaty, without saying anything

about our independence, an acknowledgment of which would naturally be

the effect of the treaty proposed to be formed. I told the Count, that

being independent, we should always insist on being treated as such,

and, therefore, it was not sufficient for Spain to forbear denying our

independence while she declined to admit it, and that notwithstanding

my respect for the Ambassador, and my desire of a treaty with Spain,

both the terms of my commission and the dignity of America forbid my

treating on any other than an _equal footing_.

The Count carried the Ambassador into his cabinet, and when he

retired, I was admitted.

The Count commenced the conversation, by explaining the reason of

sending M. Rayneval to England, which he said was, that by conversing

with Lord Shelburne about peace and matters connected with it, he

might be able to judge whether a pacific disposition really prevailed

in the British Court, and, therefore, whether any dependence might be

placed in his Lordship's professions on that head; that he was

satisfied with M. Rayneval's report, and that he believed that Lord

Shelburne was sincerely desirous of peace.

A few words then passed about Mr Oswald's new commission; the Count

observing in general terms, that as it removed our former objections,

we might now go on to prepare our preliminaries.

The conversation next turned to our negotiation with Spain, and to her

claims east of the Mississippi. Nothing new passed on the first topic;

as to the latter, the Count made only some very general remarks, such

as that he hoped we should, on conferring further about the matter,

approach nearer to each other; that those limits ought to be settled,

and while they remained in contest, a treaty with Spain could not

reasonably be expected; that as soon as we should agree upon those

points, Count d'Aranda would have a further or more formal commission

to conclude the treaty, &c.

I remarked, that these claims of Spain were of recent date, for that

on my first arriving in Spain, the Count de Florida Blanca told me,

that the success of my mission would probably turn upon one single

point, viz. the cession of our rights to the navigation of the river

Mississippi; from which, as well as from their subsequent and uniform

demands on that head, it was evident, that they then considered that

river as our boundary; for it would have been very strange indeed,

that they should insist on our forbearing to navigate a river, whose

waters washed no part of our country, and to which we could not, of

consequence, have any pretence of claim.

The Count smiled, but avoided making any direct reply; he hoped we

should, nevertheless, agree, and that we must endeavor to approach and

meet each other. I told him I could not flatter myself with such

expectations, while Spain continued her claims to those countries, for

that we should be content with no boundary short of the Mississippi.

I went from the Count's to M. Rayneval's chamber, for I had not seen

him since his return from England. He gave me the same reason for his

journey, which I had just received from the Count. We then talked of

his memoir and the Spanish negotiation. He said much in favor of the

conciliatory line he had proposed, and of the advantages of placing

the Indian nations on the _west_ side of it, under the _protection_ of

Spain, and those on the _east_, under that of the United States; that

the rights of those nations would be thereby secured, and future

disputes between us and Spain avoided. I replied, that so far as our

claims might affect those Indian nations, it was a matter solely

between us and them; and that admitting them to be independent, they

certainly had a right to choose their own protectors; and, therefore,

that we could have no right, without their knowledge or consent, to

choose for them. I also made the same remark to him respecting the

recency of these Spanish claims, which I had just before done to Count

de Vergennes. He said it was a subject which Count de Florida Blanca

had not understood, and imputed their former ideas of our extending to

the Mississippi, to their ignorance respecting those matters; hence it

became evident, from whom they had borrowed their present ideas.

On the 27th of September, Mr Vaughan returned here from England with

the courier that brought Mr Oswald's new commission, and very happy

were we to see it. Copies of it have already been sent to you, so that

I will not lengthen this letter by inserting it here; nor will I add

anything further on this head at present, than to assure you, that Mr

Vaughan greatly merits our acknowledgments.

The next thing to be done, was to prepare and draw up the proposed

articles. They were soon completed and settled between us and Mr

Oswald, by whom they were sent to his Court, with letters declaring

his opinion, that they ought to be accepted and agreed to; but they

differed with him in opinion.[6]

These articles, for very obvious reasons, were not communicated to the

Count de Vergennes.

Mr Oswald did not receive any opinion from his Court relating to our

articles until the 23d of October, when letters from the Minister

informed him, that the extent of our boundaries, and the situation of

the tories, &c. caused some objections, and the Minister's Secretary

was on the way here to confer with us on those subjects.

On the 24th of October, I dined at Passy with Dr Franklin, where I

found M. Rayneval. After dinner, we were in private with him a

considerable time. He desired to know the state of our negotiation

with Mr Oswald. We told him, that difficulties had arisen about our

boundaries, and that one of the Minister's Secretaries was coming here

with papers and documents on that subject. He asked us what boundaries

we claimed. We told him, the river St John to the east, and ancient

Canada, as described in the proclamation, to the north. He contested

our right to such an extent to the north, and entered into several

arguments to show our claim to be ill founded. These arguments were

chiefly drawn from the ancient French claims, and from a clause in the

proclamation restraining governors from making grants in the Indian

country, &c.

He inquired what we demanded as to the fisheries. We answered, that we

insisted on enjoying a right in common to them with Great Britain. He

intimated that our views should not extend further than a coast

fishery, and insinuated that pains had lately been taken in the

eastern States to excite their apprehensions, and increase their

demands on that head. We told him that such a right was essential to

us, and that our people would not be content to make peace without it;

and Dr Franklin explained very fully, their great importance to the

eastern States in particular. He then softened his manner and

observed, that it was natural for France to wish better to us than to

England; but as the fisheries were a great nursery for seamen, we

might suppose that England would be disinclined to admit others to

share in it, and that for his part he wished there might be as few

obstacles to a peace as possible. He reminded us, also, that Mr

Oswald's new commission had been issued posterior to his arrival at

London.

On the 26th of October, Mr Adams arrived here, and in him I have found

a very able and agreeable coadjutor.

When I began this letter, I did not flatter myself with being able to

write this much before Captain Barney would leave us; and I now find

myself too much exhausted to proceed with further details, and must

therefore refer you to the letters you will receive from Mr Adams and

Dr Franklin.

The same reason also prevents my writing to you and Mr Morris on other

subjects by Captain Barney, and I hope the length of this letter, and

the disagreeable state of my health will apologise for my not writing

even to my own family by this opportunity.

I am sensible of the impression which this letter will make upon you

and upon Congress, and how it will affect the confidence they have in

this Court. These are critical times, and great necessity there is for

prudence and secrecy.

So far, and in such matters as this Court may think it their interest

to support us, they certainly will, but no further, in my opinion.

They are interested in separating us from Great Britain, and, on that

point we may, I believe, depend upon them; but it is not their

interest that we should become a great and formidable people, and

therefore they will not help us to become so.

It is not their interest that such a treaty should be formed between

us and Britain, as would produce cordiality and mutual confidence.

They will, therefore, endeavor to plant such seeds of jealousy,

discontent, and discord in it as may naturally and perpetually keep

our eyes fixed on France for security. This consideration must induce

them to wish to render Britain formidable in our neighborhood, and to

leave us as few resources of wealth and power as possible.

It is their interest to keep some point or other in contest between us

and Britain to the end of the war, to prevent the possibility of our

sooner agreeing, and thereby keep us employed in the war, and

dependent on them for supplies. Hence they have favored, and will

continue to favor, the British demands as to matters of boundary and

the tories.

The same views will render them desirous to continue the war in our

country as long as possible, nor do I believe they will take any

measures for our repossession of New York, unless the certainty of its

evacuation should render such an attempt advisable. The Count de

Vergennes lately said, that there could be no great use in expeditions

to take places, which must be given up to us at a peace.

Such being our situation, it appears to me advisable to keep up our

army to the end of the war, even if the enemy should evacuate our

country; nor does it appear to me prudent to listen to any overtures

for carrying a part of it to the West Indies, in case of such an

event.

I think we have no rational dependence except on God and ourselves,

nor can I yet be persuaded that Great Britain has either wisdom,

virtue, or magnanimity enough to adopt a perfect and liberal system of

conciliation. If they again thought they could conquer us, they would

again attempt it.

We are, nevertheless, thank God, in a better situation than we have

been. As our independence is acknowledged by Britain, every obstacle

to our forming treaties with neutral powers, and receiving their

merchant ships, is at an end, so that we may carry on the war with

greater advantage than before, in case our negotiations for peace

should be fruitless.

It is not my meaning, and therefore I hope I shall not be understood

to mean, that we should deviate in the least from our treaty with

France; our honor, and our interest are concerned in inviolably

adhering to it. I mean only to say, that if we lean on her love of

liberty, her affection for America, or her disinterested magnanimity,

we shall lean on a broken reed, that will sooner or later pierce our

hands, and Geneva as well as Corsica justifies this observation.

I have written many disagreeable things in this letter, but I thought

it my duty. I have also deviated from my instructions, which though

not to be justified, will, I hope, be excused on account of the

singular and unforeseen circumstances which occasioned it.

Let me again recommend secrecy, and believe me to be, Dear Sir, &c.

JOHN JAY.

_P. S._ I have neither seen nor heard anything of Mr Laurens, nor of

the cypher you mention to have sent by him.

FOOTNOTES:

[3] Afterwards Sir William Jones.

[4] See this warrant in the Correspondence of the Commissioners for

making Peace, under the date here mentioned.

[5] When the Treaty was made with France, M. Gerard, who negotiated it

on the part of the French Court, did not show his commission to treat

till the Commissioners met him for the last time, and just before the

signing of the Treaty. Mr Jay was more particular, however, on this

point, and seemed disinclined to commence the negotiation in any form,

till the powers had been exchanged.

[6] See these articles in the Correspondence of the Commissioners for

Peace.

* * * * *

_Observations on the above Letter by the Editor._

Although in the present work I have carefully refrained from

expressing any opinions on the contents of the letters, or views of

the writers, not feeling authorised by the resolution of Congress,

under which these papers are published, to assume the task of a

commentator or critic, yet in regard to the preceding letter I cannot

hesitate to make an exception to this rule, and for reasons which I

trust will appear obvious and satisfactory.

On the main topics of the above letter, I have read in the office of

Foreign Affairs in London the confidential correspondence of the

British Ministers with their Commissioners for negotiating peace in

Paris. I have also read in the French office of Foreign Affairs the

entire correspondence of the Count de Vergennes, during the whole war,

with the French Ministers in this country, developing the policy and

designs of the French Court in regard to the war, and the objects to

be attained by the peace. I have moreover read the instructions of the

Count de Vergennes to M. de Rayneval, when he went to London, and the

correspondence which passed between them while he remained there,

containing notes of conversations with Lord Shelburne on one part, and

Count de Vergennes' opinions on the other. After examining the subject

with all the care and accuracy, which these means of information have

enabled me to give to it, I am prepared to express my belief most

fully, that Mr Jay was mistaken both in regard to the aims of the

French Court, and the plans pursued by them to gain their supposed

ends.

1. Mr Jay conceived, that one motive of M. de Rayneval's journey was

to cause the acknowledgment of independence by Great Britain to be

deferred, till France and England should have arranged their treaty.

But in reality, M. de Rayneval was instructed to insist on the

independence of the United States as a _preliminary measure_. In a

letter to the Count de Vergennes, dated September 28th, 1782, he

writes, that Lord Shelburne said, "he had always been opposed to

independence, but that he perceived the necessity of ceding it, and

that this object should be granted _without condition_." And in

reporting the result of his conversations with the British Minister,

M. de Rayneval states the points discussed in their order, the first

of which is as follows.--"_Independence, this article is agreed upon;

it shall be without restriction_;" (il sera sans restriction.) So far

from recommending, therefore, to defer the recognition of American

independence, M. de Rayneval insisted on an agreement to it as _a

preliminary step_ to further discussions.

2. Mr Jay supposed again, that another purpose of M. de Rayneval's

visit to London was to interfere with the claims of the United States

respecting the fisheries and boundaries. But this supposition is

contradicted by the following extract from his instructions, viz. "As

it is possible, that the English Ministers may speak to M. de Rayneval

concerning the affairs of America and of the United Provinces, he will

declare, _that he has no authority to treat on these topics_."

Accordingly we find him writing to the Count de Vergennes in the

letter quoted above, that after discussing the subject of the

fisheries with reference to the interests of England and France, Lord

Shelburne said to him, "without doubt the Americans will also form

pretensions to the fisheries, but he trusted the king (of France)

would not sustain them." To which M. de Rayneval replied,--"that he

was ignorant of the views of Congress concerning the object in

question, but thought he might venture to say, that the king would

never support unjust demands; that he was not able to judge whether

those of the Americans were such or not; and that, besides, _he was

without authority in this respect_." Again, in the same letter, M. de

Rayneval adds; "Lord Shelburne said he had foreseen that there would

be a great deal of difficulty with the Americans, as well in regard to

boundaries, as to the fishery of Newfoundland; but he hoped that the

king would not sustain them in their demands. I answered, that I did

not doubt the earnest desire of the king to do all in his power to

restrain them within the bounds of justice and reason. As to the

extent of the boundaries, I supposed the Americans would regulate it

by their charts; but the discussion was not continued far, _because it

did not pertain to me either to uphold or weaken the pretension of

America_, with which I was unacquainted. I added only, that the

English Ministry ought to find in the negotiations of 1754, relative

to the Ohio, the limits which England, then the sovereign of America,

believed it proper to assign."

The above extracts, it must be kept in mind, are from the confidential

letters written at the time between M. de Rayneval and Count de

Vergennes. The purport of them is corroborated by testimony that might

be drawn from other sources. They show most clearly, that Mr Jay's

suspicions were in reality erroneous, on whatever grounds he might at

the time suppose them to rest. M. de Rayneval's visit to London had

nothing to do with American affairs, except to insist on unconditional

independence.

Nor is it improbable, that the change in Mr Oswald's commission was

effected in consequence of M. de Rayneval's representations; for the

agreement on the part of the British Minister to cede independence

"_without restriction_" was made before Mr Vaughan's arrival in

London, as a messenger from Mr Jay.

These facts go far to rescue the French Ministry from the censure,

which it has been usual to cast on them, respecting their supposed

policy in the negotiations for peace. Whoever will examine all the

testimony that exists on the subject will be convinced, that some

grave particulars have crept into our history, which have a slender

foundation in fact, and which bestow but scanty justice on the

motives, conduct, and policy of the first ally of the United

States.[7]

JARED SPARKS.

FOOTNOTES:

[7] For a further elucidation of this subject see the North American

Review for January, 1830, No. LXVI, p. 15. Also Mr Livingston's letter

to Mr Jay, dated January 4th, 1783, in the present volume.

* * * * *

ROBERT R. LIVINGSTON TO JOHN JAY.

Philadelphia, November 23d, 1782.

Dear Sir,

I have before me your letters of the 25th and 28th of June. I

congratulate you on your safe arrival at Paris, where I venture to

hope your residence will on many accounts be more agreeable than it

was at Madrid. Nothing can be more pleasing to us than your

determination to write very frequently, since I am sorry to say, that

we have not yet been favored with such minute information on many

points of importance, as we have reason to expect. Both Dr Franklin

and yourself dwell so much in generals in your last letters, that had

it not been for a private letter of the Marquis to me, Congress would

have remained ignorant of points, which they have thought sufficiently

important to make them the foundation of those resolutions, which are

herewith transmitted to you.

You need be under no apprehensions, that Commissioners from the Court

of Great Britain will be allowed to negotiate with Congress; their

sentiments on this subject are sufficiently manifested in the

resolutions, that are sent to you and Dr Franklin with this. And the

case of Mr Burgess, which you will find in one of the papers of last

week, and in my letter to Dr Franklin,[8] will afford you some

evidence of the extreme caution of particular States on this head.

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