by their own feeling must be sensible, that such interpretations and constructions are always hurtful, against common decency and dignity, and may oftentimes endanger mutual confidence, and of course the very existence of a treaty; but the sense of congress, as manifested in this particular affair, gives his court the greatest hope, that there shall be no further motive to the painful reflections which that affair excited. 5. He begged leave to add, that this publication interfered with the situation of affairs in Europe, and was in a certain degree disadvantageous to the common cause; because it gave the Common enemy a full knowledge of our system and our mutual engagements without procuring us any reason to guess at their views and resolutions. Happily these inconveniencies have not been felt, and ample compensation has been obtained by convincing the people of America, not only that the treaty was just and equal, but that the heavy task which France has taken upon her was magnanimous, gratuitous, and without reward; the whole world was at the same time convinced, that war, conquest and ambition, were not the objects of the alliance, nor of any of the allies, but only the peaceable enjoyment of the sovereignty, liberty, security and independence of these United States; and this conviction gave much honor, credit and consideration to the alliance. 6. On this he observed, that he had endeavored since the last fall, by order of his court, to impress on every mind, that England will never evacuate New-York willingly and could only be brought by proper exertions on the part of America, to think seriously of granting her independence. He believed that congress had adopted a system conformable to their engagements and the situation of affairs; his court was better informed than he was; but without reflecting on past events, the king hopes his amicable apprehensions will be overcome by the success of the campaign, that henceforth the United States will follow the example set them by his majesty, and that they will exert themselves in their own cause, as his majesty exerts himself for their sake and in their cause which he has adopted. 7. He said, that he was authorised to tell congress in confidence, that this reflection is the result of the observations which the court of Spain made upon the conduct of England, throughout her negociations of mediation:That the British ministry seem to be solicitous to be reconciled with France, and to keep up this negociation; that from thence probable hopes may be entertained of their internal disposition to peace; but at the same time they reject with haughtiness the formal acknowledgment of the independence inserted by France and Spain. New orders have been given to the Spanish ambassador at London, to ascertain as nearly as possible those dispositions. In these circume stances the king his master ordered him to communicate this intelligence to the United States, that they may if they think proper take under consideration, if it would not be expedient to give their plenipotentiary instructions and full powers, founded upon the necessity of the conjectures, and upon the treaty of alliance, the express and formal terms of which are, that peace shall not be made without an express or tacit acknowledgement of the sovereignty, and consequently a fortiori of the rights inherent in sovereignty, as well as of the independence of the United States in matters of government and commerce. This substantial alternative in an engagement, which is a mere gratuitous gift without any compensation or stipulation, ought indeed never to be forgot in a negociation for peace. France fore$aw the extreme difficulties a formal and explicit acknowledgement might meet with. She knew by her own experience in similar contest, in which she has been deeply concerned respecting the republic of Holland, Genoa and the Swiss Cantons, how tenacious monarchs are, and how repugnant to pronounce the humiliating formula. It was only obtained for Holland tacitly after a war of thirty years, and explicitly after a resistance of seventy. To this day Genoa and the Swiss Cantons have obtained no renunciation, nor acknowledgment either tacit or formal from their former sovereigns; but they enjoy their sovereignty and independence only under the guarantee of France. His court thought it important to provide, that difficulties of this nature, which reside merely in words, should not delay or prevent America from enjoying the thing itself. From these considerations arose the very important and explicit stipulation in the treaty, which he just now related, and which hath received the sanction of the United States. The circumstances seem already such as call for the application of the alternative of tacit or explicit acknowledgment. All these considerations therefore are mentioned, that congress may, if they think proper, consider whether the literal execution of the treaty in this point is not become necessary, and whether the safety and happiness of the American people, as well as the essential principles of the alliance, are not intimately connected with the resolutions that may be taken on this subject: and it remains with the prudence of congress to examine, whether instructions on some particular conditions may not frustrate the salutary purpose of the treaty of alliance relative to a tacit acknowledgment, which the situation of affais may require. "In thus executing the orders," continued he, I have received, I cannot omit observing, that these orders were given with the full presumption, that the business which I laid before congress in Feb. last, would have been settled long be fore these dispatches should come to my hands. However sensibly my count will be disappointed in her expectations, I shall add nothing to the information and observations, which with the warmest zeal for the interest and honor of both countries, and by the duties of my office and my instructions, I found myself bound to deliver from time to time to congress in the course of this business. The apprehension of giving new matter to those who endeavour to cast blame upon congress is a new motive for me to remain silent. I beg only to remind this honorable body of the aforesaid information and reflections, and particularly of those which F had the honor to deliver to an assembly similar to the present. I shall only insist on a single point which I established then and since in one of my memorials, namely the manifest and striking necessity of enabling Spain, by the determination of just and mo derate terms to press upon England with her good offices, and to bring her mediation to an issue, in order that we may know whether we are to expect peace or war. This step is looked upon in Eu rope as immediately necessary. It was the proper object of the message I delivered in February last, I established then (in a private audience) the strong reasons which require, that at the same time, and without delay, proper terms should be offered to his Catholic majesty, in order to reconcile him perfectly to the American contest. I did not conceal, that it was to be feared that any condition inconsistent with the establishment of the alliance which is the binding and only law of the allies, and contrary to the line of conduct which Spain pursued in the course of her mediation, would lead her to drop the mediation, and prevent his Catholic majesty by motives of honor and faithfulness from joining in our common cause, and for completing the intended, triumverate. No loss, no unhappy event could be so heavy upon the allies as this. Indeed although the British forces are already kept in check by the combined efforts of France and America, it is nevertheless evident that the accession of Spain only can: give to the alliance a decided superiority adequate to our purposes, and free us from the fatal chance, that a single unlucky: event may overturn the balance." The committee then taking notice of what the minister had said concerning a tacit assurance of the independence of these states, requested to know his sense concerning the manner in which such tacit assurance could be given; to which he, premising that what he should now say ought to be considered only as his pri vate sentiments, replied-That the British court would probably endeavor to avoid an express acknowledgment by imitating precedents precedents that had occurred in Europe on similar occasions, instancing in the case of the Swiss Cantons, and of the United Provinces of Holland; that the mode adopted in the latter case had been for the arch-dukes, to whom the king of Spain had transferred his right of sovereignty, to treat with them as free and independent states; and that with respect to the Cantons, France had not been able to obtain more for them in the treaty of Munster, than "a declaration that they should be in possession of full liberty and exemption from the empire, and be in no manner subject to the jurisdiction thereof;"-but that in his opinion, the circumstances of these states, and the manner in which they had conducted their opposition, would justify their expecting a more full declaration. Mr. Gerard, by strongly urging congress, in February, to come to an ultimatum, that so no promising negociations might be delayed or obstructed, contributed toward putting the states into a profound sleep. They amused themselves with idle dreams of peace, and hardly made any exertions for the war. Till about the time of the above conference, the army scarcely received a single recruit, though a large part of it dissolved in the course of last winter and spring, by the expiration of the term of service for which the men were engaged. Gen. Washington has a prospect of 1000 or 1500 levies, at enormous bounties, for nine months, from Massachusetts and Connecticut, which is all the reinforcement he expects. Inferior in strength to the enemy, he will be able to do little more than take care of himself, and guard the communication of the North-River. The distressing situation of public affairs, led the late president of congress, Mr. Laurens, to write to his friend-"July 14.] Let us look around and enquire into the state of the army, the navy, the treasury-the view is truly affecting; but what is most of ail to be deplored is, the torpitude of national virtue. How many men are there who now in secret say, could I have believed it would have come to this, I wouldI am not of that number." Captain Cunningham, who took and carried the Dutch packet into Dunkirk, being captured on board a private armed cutter in the West-Indies, was brought to New-York, put under a rigorous and ignominious confinement, and ordered to be sent to Great-Britain. Congress was induced by it to order a letter to be written [July 17.] to the British naval commander at NewYork, demanding the reasons for the treatment he had met with; and resolved, that if they had not a satisfactory answer by the 1st of August, one or more persons should be contined, to abide the fate of the said Cunningham. Two days after, congress having well considered the letters before them, giving an account account of the devastations of the enemy, and the burning of Fairfield, Norwalk and Bedford, "Resolved-That the marine committee be, and are hereby directed to take the most effectual means to carry into execution the manifesto of October 80, 1778, by burning and destroying the towns belonging to the enemy in Great-Britain and the West-Indies." The operations of war demand our further notice. A daring and dangerous enterprise against the enemy's post at Powles-Hook was committed to major Lee. The object was to throw a lustre upon the American arms by surprising the post, and immediately retiring with such prisoners as the major could conveniently make. Did it appear too hazardous, either in the execution or the difficulty of effecting a retreat, he was at liberty to abandon it. The necessity of making a timely and safe retreat, was strongly inculcated by the commander in chief, and the major was desired to lose no time in attempting to remove or destroy any stores, or even in collecting stragglers. The major, with a party of 300 Virginians, a troop of dismounted dragoons and one company from the Maryland line, proceeded on the service, and very early in the morning [July 19.] before day-light, completely surprised the post, Major Southerland, the commandant, with a number of Hessians, had the good fortune to escape, by reason of the darkness, to a small blockhouse on the left of the fort. Major Lee killed about 30 of the enemy, and took 161 prisoners, including 7 officers, at the expence of about half a dozen men killed and wounded. In conformity to his orders, he made an immediate retreat, without tarrying to destroy either barracks or artillery, The approach of day, and the vicinity of the enemy's main body, rendered it absolutely necessary. Lord Stirling took judicious measures to forward the enterprise, and to secure the retreat to Lee's party. This affair, for the size of it, may be ranked with the most he roic actions of the war, considering the peculiar position of Powles-Hook, and its being garrisoned by 200 men. The expeditions carrying on against Penobscot by the Massachusetts, and against the Mohawks by the United States, will be related when brought to a close. Gen. Sullivan being called away to command the latter, gen. Gates left Boston and went to Providence. In May, a number of the troops under him, mutinied, and were upon the point of marching off for want of bread; he prevailed upon them to stay a few days. During that period he, by express, ordered flour immediately up from Boston, which however could not have been procured, had it not been from the captures just brought in by the cruisers. The American privateers, the state and continental vessels, have been |