to support their independence. That in doing CHAP. VII. this, he might probably soon be engaged in a 1778. war; yet, he should not expect any compensation from the United States on that account; nor was it pretended that he acted wholly for their sakes; since, besides his real good will to them, it was manifestly the interest of France, that the power of England should be diminished by the separation of the colonies from its government. The only condition he should require, and rely on, would be, that the United States, in no peace to be made, should give up their independence, and return to their obedience to the British government.

On determining to act decisively, a courier. had been immediately dispatched to the court of Madrid, with information of the line of conduct about to be pursued by France. On his return, the negotiation was taken up in earnest, and a treaty of friendship and commerce was soon concluded, the terms of which, though not so advantageous as the wishes of America would have suggested, were by no means contradictory to the disposition of the king, as disclosed to the American ministers by the sieur Girard; and, certainly, did not claim concessions which the actual situation of the United States might have induced them to make.*

While the ministers were soliciting the court of France to enter into a treaty with them, mr. Lee set out for Vienna, and Berlin, in order to enter into negotiations

CHAP. VII. This treaty, which considers America as an 1778. independent nation, contains no stipulation,

engaging France to furnish any aids during the present war; but it was not difficult to foresee that, on being made public, it would be highly resented by England, who might either directly and openly attack France, or capture all the ships of that nation carrying on commerce with the United States. It was, therefore, accompanied by a treaty of alliance eventual and defensive between the two nations, in which it was declared that if war should break out between France and England during the existence of that with the United States, it should be made a common cause, and that neither of the contracting parties should conclude either truce, or peace, with Great Britain, without the formal consent of the other, first obtained: and they mutually engaged "not to lay down their arms until the independence of the United States shall have been formally, or tacitly assured by the treaty, or treaties that shall terminate the war."

with those powers. He found them wishing success to America, but determined not to engage in her quarrel. One point, however, was gained. He was assured that no new supplies of auxiliary troops would be furnished in Germany, and that the princes of the empire would do no more than treaties already made bound them to perform. The American ministers were also assured, that no auxiliaries would be granted by Russia or Denmark.

Further, the two parties reciprocally guaran- CHAP. VII. teed forever, the United States to his most 1778. christian majesty the present possessions of the crown of France in America, as well as those which it may acquire by the future treaty of peace; and his most christian majesty on his part, guaranteed to the United States, their liberty, sovereignty, and independence, absolute and unlimited, as well in matters of government, as commerce.

It was further declared, that in case of a rupture between France and England, this reciprocal guarantee should have its full force and effect, the moment such war should break out; and if such rupture should not take place, the mutual obligations of the said guarantee should not commence until the moment of the cessation of the present war between the United States and England shall have ascertained their possessions.

It was the wish of the ministers of the United States to engage France immediately in the war; and to make the alliance, not eventual, but positive. This proposition, however, was rejected. In a few weeks after the negotiations were concluded, the marquis de Noailles officially announced to the court of London, the treaty of friendship and commerce France had formed with the United States. He accompanied his communication with assurances,

a Belsham.

CHAP. VI. that the contracting parties had paid great 1778. attention not to stipulate any exclusive advantages in favour of the French nation, and that the United States had reserved the liberty of treating with every nation whatever, on the same footing of equality and reciprocity.

The English government appeared determined to consider this notification as a declaration of war, and immediately published a memorial for the purpose of justifying to all Europe the hostilities she had resolved to com

mence.

Not long after their commencement, private intelligence was received by the count De Vergennes, that it was contemplated in the cabinet of London, to offer to the United States an acknowledgment of their independence, on condition of their making a separate peace. He immediately communicated this intelligence to the American ministers, requesting them to lose no time in representing to congress, that though war was not declared in form, it had commenced in fact, and he considered the obligations of the treaty of alliance as in full force; consequently, that neither party was now at liberty to make a separate peace. Instructions of a similar import were given to the minister Information representing the king of France in the United States.

received of

treaties of alliance and commerce

being entered into between

The dispatches containing these treaties were France and received by the president, on saturday, the second of May, after congress had adjourned.

the United

States.

That body was immediately convened, the dis- CHAP. VII. patches were opened, and their joyful contents 1778. communicated.

with France

congress.

On monday, the treaties were ratified by an The treaties unanimous vote; and a resolution also passed ratified by without a dissenting voice, expressive of the high sense entertained by congress of the magnanimity and wisdom of his most christian majesty, as manifested by the treaties; and directing their ministers to present to him their grateful acknowledgments for his truly magnanimous conduct, and to assure him of their wishes, that the friendship so happily commenced between France and the United States might be perpetual.

In the exultation of the moment, and to spread as far as possible the joy it had produced, the treaty of alliance, as well as that of commerce and friendship, was published; a circumstance which, not without cause, was disapproved of by the cabinet of Versailles; because that treaty being only eventual, ought not to have been communicated to the public but by mutual consent.

From this event, which was in America a source of almost universal exultation, it is necessary to direct the attention to one which was productive of very different sensations.

Among the various improvements which struggling humanity has gradually ingrafted on the code of laws which regulate the practice of