I confess, that had the proposition of the mediators been laid before

me to form my opinion upon, unaccompanied with the strictures of the

French Minister, I should have laid my finger upon three words only in

it, viz. _en même tems_, and considered the others, to which he meant

to draw my particular attention, by underscoring them, as merely

colorable terms, and a specimen of that finesse, from which the

politics of Europe can never be free. I should therefore have drawn

from it a conclusion very different from that of the French Minister,

viz.--"_It is therefore clear, that their design is to avoid

compromiting themselves by recognising the independence of the United

States, till England herself shall have done it_;" for if, as he would

have me to understand, the mediators do in fact still consider the

United States as British Colonies, and that neither the belligerent

powers, or themselves, ought to interfere in settling the war between

them and Great Britain, without being invited by both parties, how

comes it to pass, that as mediators between the belligerent powers,

meaning not to comprehend America under that predicament, they should

go on to annex, in the nature of condition of their mediation, that

"there shall be _at the same time_ a treaty between Great Britain and

the American Colonies, respecting the re-establishment of peace in

America;" thereby prescribing to a sovereign State _the time_ when it

shall enter upon the settlement of a dispute, existing between the

Sovereign of that State and a part of his subjects, in which they mean

not to intermeddle; and, according to the French Ministers, even the

manner of doing it. For, says he, "the mediating Courts intend

thereby, that your deputies shall treat simply with the English

Ministers, in the same manner as they have already treated in America

with the Commissioners from Great Britain in the year 1778." I could

have set him right in matter of fact here, but it would have answered

no good purpose.

This measure, I am told, has been proposed "to conciliate opposing

pretensions," and "that the result of their negotiations will make

known to the other powers on what footing they ought to be regarded,

and that their public character will be acknowledged without

difficulty _from the moment that the English interpose no

opposition_." If such were the designs of the mediators, why not leave

Great Britain to compose her internal troubles in her own time, and in

her own way, and proceed to the great business of composing those of

the nations of Europe? How are we to account for the Court of London

rejecting the mediation if they conceived the proposition in that very

inoffensive light, which he supposes it to be meant, and if it was so

clear from it, that the mediators would not interfere in our

particular negotiation unless invited to do it, and were determined

never to acknowledge the independence of the United States until Great

Britain herself had done it, or at least till the moment in which she

shall cease to oppose it? Could a more favorable occasion be presented

to Great Britain for negotiation? My present opinion upon this matter

is, that the mediators do in fact consider the United States, as an

independent sovereign power; that upon that principle they wish to

extinguish the flames of war in both countries at the same time; that

they do not flatter themselves they can restore peace to Europe during

the continuance of the war in America, or that the United States will

treat with Britain upon any other ground than that of an independent

power; that to bring about a general pacification, in a manner the

least offensive to any of the belligerent powers of Europe,

particularly Britain, they have framed their propositions in the terms

in which it is conceived; and although they declare in it, that the

other belligerent powers, or even themselves ought not to interfere in

our particular negotiations, yet it seems to be their intention, that

the negotiation between the European powers, should proceed but with

equal pace with our particular one.

I cannot but think the mediators expected the Court of London would

reject this first plan of mediation, on account of the proposition

respecting America (as I am told by a public Minister here, who ought

to be well informed upon the point, they certainly have done) although

it is worded in a manner as little offensive to their feelings as the

nature of things would admit of; and that having tried this measure,

the mediators will next proceed to another, in which their sentiments

in favor of the United States will be less ambiguous.

After all, the French Minister may be perfectly right, touching the

dispositions and resolutions of the mediating powers towards the

United States, but I think his conviction must arise from other facts

and principles, than those he has chosen to expose to me. I feel

myself however on that supposition, at no great loss to determine what

ought to be my own line of conduct. I think it ought to be exactly the

same in both cases, so far as respects the proposed communication of

my public character to this Court. If her Imperial Majesty has really

resolved upon such a strange system of politics, the sooner Congress

obtain the best evidence of it the better, on many accounts, and this

is to be had only by making this experiment. They will among other

things then consider, whether it is worth while for the United States

to be at the expense of supporting a Minister at a Court, which is

resolved to defer the acknowledgment of their independence, till Great

Britain shall have done it herself, or at least to the moment she

shall cease to oppose it. At this period, if it should ever arrive,

the United States, I suppose, would feel themselves as much indebted

to the sovereign, who should offer to acknowledge their independence,

as I should to the French Minister here, who has told me, "that when

you shall have succeeded in surmounting the difficulties, which you

may meet in causing your public character to be recognised at this

Court, you will find me entirely disposed to second you in everything,

which shall regard the common interest of our countries," for any

assistance he may then give me.

It is evident from hence, that I am not likely to receive from him the

least assistance in the business of my mission. I must proceed in it

therefore by myself, or be totally inactive. I thought it advisable

to assure the French Minister, that I would wait some time for the

answers of the Courts of Versailles and Madrid, lest he might think I

treated his opinions with disrespect. In doing this I think no injury

will happen to our interests, for besides the possibility that some

important information may be obtained from them, and the effect they

may have at this Court, I am told Count Panin will shortly return to

Court, and that he has the most favorable sentiments of the United

States, of any of her Imperial Majesty's Ministers. Should this

information be just, an advantage is to be expected by the delay.

Congress will doubtless consider the difficulty of my situation,

standing alone upon new ground, and will make every allowance for it I

ought in reason to expect.[21]

I am, with the highest respect, and most perfect esteem, &c.

FRANCIS DANA.

FOOTNOTES:

[21] The French government seem to have considered the proposition of

the mediating powers, by which England and the United States were to

treat separately, as impracticable and inadmissible. In their answer

they say,

"His Majesty thinks it his duty to say, that he has allies, with whom

he has inviolable engagements; that he should betray them in

abandoning the American cause; and that it would be abandoning this

cause for him to negotiate a separate peace. The high mediators have

seen the impossibility of such an attempt, since they have themselves

perceived the impossibility of proceeding at an equal pace with the

negotiation of the King and that of the United States. But even

admitting, that the King could separate his affairs from those of

America, that he could consent to pursue only his personal interests,

and leave to the Americans the task of coming to an accommodation with

their ancient metropolis; what would be the result of this conduct? It

would evidently be an illusory peace, a mere creation of the brain.

Indeed, if (as there is the strongest evidence) the Americans persist

in refusing to return to obedience to the British Crown, the war will

continue between England and her ancient Colonies, and the King will

then be obliged, as he is now, to assist them." _Flassan_, Vol. VII.

p. 319.

Again, the French government say in their answer;

"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 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 acknowledgment 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. From

whence it will follow, that when the mediation is in force, and they

shall be about to enter upon the negotiation, 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 should 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 (of France) 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, which

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 United States their

political existence."

* * * * *

TO ROBERT R. LIVINGSTON.

St Petersburg, October 1st, 1781.

Sir,

In the project of a treaty, which France proposes to Russia, there is

an article to this effect;

"When the subjects of France shall carry in their own vessels French

goods into Russia, and shall exchange them for Russian goods, in such

cases there shall be a drawback of the duties, both of importation and

exportation, paid by the subjects of France."

France, to induce Russia to grant this, says, "France will want great

quantities of Russian goods, which, after the war, France will not be

obliged to take of Russia, for France can have the like from America,

and though perhaps not so cheap, yet it will be the interest of

France, if Russia should not grant this, to pay America fifteen or

twenty per cent more for the same articles; for this would enable

America to take off more French goods, and to pay France for them."

Hemp is particularly mentioned.

I pray you to keep this to yourself, and I have the honor to be, &c.

FRANCIS DANA.

* * * * *

TO THE PRESIDENT OF CONGRESS.

St Petersburg, October 15th, 1781.

Sir,

Since my letter to your Excellency of September 15th, enclosing a

duplicate of mine from Berlin, and copies of all the enclosed papers,

the French Minister has sent me a copy of all the propositions of the

mediators, and of the answer of the Court of Versailles. I have the

satisfaction to think the inferences I then drew from the first

propositions only, are well supported by the tenor of the second, in

which they expressly say, that our particular peace shall not be

signed, but conjointly, and at the same time with that of the powers,

whose interests shall have been treated of by the mediating powers;

that the pacifications, notwithstanding they may be treated

separately, shall not be concluded the one without the other; that

care shall be taken constantly to inform the mediators of the

progress, and of the state of our particular treaty, to the end the

mediation may be able to govern itself in the progress of that, which

is intrusted to them, according to the state of our particular

negotiation, and that both of the pacifications, although they shall

have been separately concluded, shall be solemnly guarantied by the

mediators, and all other neutral powers, whose guarantee the

belligerent powers shall judge proper to ask.

What force are we now to allow to the terms in the first proposition

"the American Colonies," and "without the intervention of any of the

other belligerent powers, or even that of the two Imperial Courts,

unless their mediation has been formally demanded, and granted upon

this object?" Is it clear from hence, that the design of the

mediators is to avoid exposing themselves by acknowledging the

independence of the United States before Great Britain has done this

herself? Do not the propositions speak this language to Britain? You

may make such a peace with America, not only as she chooses to make

with you, but as the other belligerent powers, and we shall choose you

should make with her; and remember you are to have no peace in Europe,

unless you give peace to America, and when this peace is once made, we

will take care you shall not break it. We shall soon see by the

replies, which the mediators will give to the belligerent powers,

particularly to the Court of Versailles, whether they will recede in

favor of Britain from their first plan of pacification, or go on in

their next a step further in the spirit of their former system. It

seems, that consistent with their own dignity, they can neither

retreat or remain on the same ground. The independence of the United

States was certainly the basis of the first plan of pacification, and

I have no great fears, that it will be departed from.

I have lately been told by a person, who certainly knew the truth of

the matter, in so confident a manner that I have no room to doubt it,

that it was a secret part of the original plan of the armed

neutrality, as soon as it should be completed, that the neutral

confederated powers should propose a general pacification between the

belligerent powers, which it was supposed could not be brought about

otherwise than by leaving America free and independent, and to enforce

this proposition by their joint armaments; and that so long ago as in

May, 1780, if Holland had done her part, affairs were then in all

other quarters in a proper train to have carried the whole plan into

execution; but unfortunately for her British influence was too great

there, and instead of doing the business at once, they entered upon

the parade of sending a brace of Ambassadors to this Court, not with a

view to finish, but at least to delay it. Holland, in fact, did not

accede to the Marine Convention, which was first entered into by

Russia and Denmark on the 9th of July, 1780, and next by Sweden on the

21st of the same month, until the 20th of November following, and it

was not signed on their part till the 5th of last January. All this

time her navy was neglected, and the mischiefs she has suffered are

not the only ones consequent upon her tardiness and inactivity. For

Britain has been thereby enabled for a while to detach Denmark from

the confederation, or at least to make that Court indifferent in the

business of it. It was but a short time after it had adopted the plan

before it made a breach upon it by including in a treaty with Britain,

hemp, &c. among contraband articles. From that time the spirit of the

confederation seems to have languished. The Danish Minister most

interested in it has been superseded. Count Panin, who in this Court,

it is said, was its principal support, retired. It is true, he has

lately returned to Court, but has not assumed his former office of

Chief Minister in the Department of Foreign Affairs, though he is

still of the Privy Council. My information about the share he has in

those affairs is very different; by some I am told, he has little or

no influence in them, by others, that he possesses a considerable

portion of his former influence, and my informants on both parts ought

to, and perhaps do, know the truth of the matter. On one side

everything is veiled in profound mystery, and nothing is let out but

what presents a discouraging prospect.

It has not such an effect upon my mind at present, and I am strongly

encouraged to hope, that the confederation will become properly

invigorated by the accession of the King of Prussia. The first open

part he took in it, was the issuing his ordinance of the 30th of last

April. Soon after this, (the 8th of May) he entered into a similar

convention with the Empress. About this time, (the 23d of May,) the

propositions for a general pacification were made, and on the 20th of

August, both the Prussian and Russian Ministers at the Hague notified

to the States-General the accession of his Prussian Majesty to the

confederation. Laying these things together, and presuming as I do,

that the confederated powers can have no well-grounded hope of reaping

any lasting benefit from their confederation, for the maintenance of

the liberty of their commerce, and of their navigation, but in the

establishment of the independence of the United States, one might

conclude with confidence, that all would soon go well between us, if

it was confidently to be concluded, that all Courts are governed by

the real interests of their countries, even where that is clearly

understood, or act upon a permanent system. All now depends upon the

stability of the Empress. If she should persevere in the noble line

she has marked out, of Sweden and of Russia there is no danger, and it

is probable Denmark will not stand out. The Emperor has ceased his

opposition to the confederation. The step is now short for him to

favor and support it. I believe it may be depended upon, that he has

already agreed to accede to it.

If I were to hazard an opinion touching the manner in which our

particular business will issue here, it is that the success of it will

depend upon the neutral powers consolidating themselves in their

confederation; that even after this should take place, our

independence will not be acknowledged by this Court before all the

neutral confederated powers shall have agreed upon this measure, and

are fully prepared to adopt it, and that even Holland waits for this

event, although her ease is now different from theirs, by being

actually at war with our enemy.

The ground on which the secret part of the original plan of the armed

neutrality abovementioned was formed, was an apprehension of the

powers engaged in it, that by the loss of America, and by the

continuance of the war, the maritime force of Britain might be too

much reduced to preserve the balance of power upon the ocean; but as

she has not abated of her haughtiness, her injustice, and outrageous

violations of the rights of the neutral maritime powers, and still

opposes herself to the establishment of a system calculated to secure

those rights, and to vindicate the general law of nations, thereby

manifesting, that the measure of her power is to prescribe her rule of

right, they have become tolerably well reconciled to the idea of

seeing her more effectually weakened and humbled.

On the whole, I am not anxious about the manner of _thinking_ of the

neutral powers, touching the great objects which concern our

fundamental interests. We have nothing to apprehend, I believe, but

the baneful influence of British gold, which can serve but to defer

for awhile, however, the event they most dread, the open

acknowledgment of our independence by this, and the other neutral

powers. I expect to be informed of the answer of this Court to that of

Versailles respecting the pacification, as soon as it shall be

communicated to the French Minister. It has already been delayed

longer than I was given to understand it would be, which is owing,

probably, to the necessity of consultations with the Court of Vienna.

I shall wait but a few days for it, before I make the communication

of my mission to this Court, unless some matter which I do not

foresee, should render it expedient to delay doing it still longer.

I am, with the highest respect, and most perfect esteem, &c.

FRANCIS DANA.

* * * * *

ROBERT R. LIVINGSTON TO FRANCIS DANA.

Philadelphia, October 22d, 1781.

Sir,

Congress having lately thought it advisable that their correspondence

with foreign Courts and their Ministers abroad should pass through the

hands of their Secretary for Foreign Affairs, I enclose the act by

which they did me the honor to appoint me to that office. In this

character, Sir, I have the pleasure of communicating to you the

important account of two signal victories, which have lately been

obtained over the enemy in this quarter, the one by General Greene,

which has been followed by the re-establishment of the governments of

South Carolina and Georgia, in which States, though the enemy hold one

or two posts, yet they have no command of the country. The other still

more signal, by the allied arms of France and America over Lord

Cornwallis, in Virginia. By the latter, near seven thousand men,

including seamen, fell into our hands; and about one hundred vessels,

above fifty of them square rigged.

You will not fail to make the best use of this intelligence, which

must fix our independence, not only beyond all doubt, but even beyond

all controversy. I should have mentioned to you, that besides the

troops and seamen abovementioned, the enemy lost during the siege of

Yorktown, including those that were taken, upwards of two thousand

negroes. The naval force of France in these seas under the command of

the Count de Grasse, amounts to thirtyfour sail of the line, that of

the British to twentyfour. Both fleets have lately sailed, the one

from New York, the other from the Chesapeake. We daily expect to hear

of their meeting, and promise ourselves a second victory, since every

advantage is on the side of the French. Should they think it more

advisable to go to the West Indies, the Islands must fall an easy prey

to them, as the whole British fleet is at present on this coast, nor

will it be in their power to follow immediately, as Sir Henry Clinton

with the best part of the troops from New York are on board the fleet,

which, on the very day that Cornwallis surrendered, left New York for

his relief. These must be brought back and re-landed, which will be a

work of some time.

It is of importance to you to know that the spirit of opposition to

the independence of this country, which was languishing when you left

it, has been growing weaker ever since, and may now be said to be

quite extinct. To this, the settled form that our governments have

assumed, the success of our arms, and above all, the shocking

barbarity of the British, have greatly contributed.

As this letter goes by an uncertain conveyance, and as, indeed, I have

hardly yet entered upon my office, having only been qualified a few

days since, I do not think it prudent to proceed to any minute

discussions. I can only tell you, that the people here entertain the

highest respect for the Court you are at. They consider the plan of

the armed neutrality as the best proof of an enlarged and generous

policy, and look upon its execution as a charter of enfranchisement

from the ambition of Princes; granted by the wisdom of the Empress to

the trade of the world. The sense of Congress on this subject, I

enclose you in an abstract from their minutes of October 5th,

1780;[22]

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