founded upon the neceffity of the conjunctures and upon 1779. the treaty of alliance, the exprefs and formal terms of which are, that peace fhall not be made without an exprefs or tacit acknowledgment of the fovereignty, and confequently a fortiori of the rights inherent in fovereignty, as well as of the independence of the United States in matters of government and commerce. This fubftantial alternative in an engagement, which is a mere gratuitous gift without any compensation or stipulation, ought indeed never to be forgot in a negotiation for peace. France forefaw the extreme difficulties a formal and explicit acknowledgment might meet with. She knew by her own experience in fimilar contests, in which she has been deeply concerned refpecting the republic of Holland, Genoa, and the Swifs Cantons, how tenacious monarchs are, and how repugnant to pronounce the hu miliating formula. It was only obtained for Holland tacitly after a war of thirty years, and explicitly after a rèfiftance of seventy. To this day Genoa and the Swifs Cantons have obtained no renunciation, nor acknowledgment either tacit or formal from their former fovereigns : but they enjoy their fovereignty and independence only under the guarantee of France. His court thought it important to provide, that difficulties of this nature, which refide merely in words, fhould not delay or prevent America from enjoying the thing itself. From thefe confiderations arofe the very important and explicit ftipulation in the treaty, which he just now related, and which hath received the fanction of the United States. The circumstances feem already such as call for the application of the alternative of tacit or explicit acknowledgment. All these confiderations therefore are mentioned, that 1779. congrefs may, if they think proper, confider whether the literal execution of the treaty in this point is not become neceffary, and whether the fafety and happiness of the American people, as well as the effential principles of the alliance, are not intimately connected with the refolutions that may be taken on this fubject: and it remains with the prudence of congrefs to examine, whether inftructions on fome particular conditions may not fruftrate the falutary purpose of the treaty of alliance relative to a tacit acknowledgment, which the fituation of affairs may require. "In thus executing the orders," continued he, "I have received, I cannot omit obferving, that thefe orders were given with the full prefumption, that the business which I laid before congrefs in Febru ary laft, would have been fettled long before these dif patches fhould come to my hands. However sensibly my court will be disappointed in her expectations, I fhall add nothing to the information and obfervations, which, with the warmeft zeal for the intereft 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 congrefs in the course of this bufinefs, The apprehenfion of giving new matter to those who endeayour to caft blame upon congrefs is a new motive for me to remain filent. I beg only to remind this honorable body of the aforefaid information and reflections, and particularly of thofe which I had the honor to deliver to an affembly fimilar to the present. I fhall only infift on a fingle point which I established then and fince in one of my memorials, namely the manifeft and striking neceffity of enabling Spain, by the determination of juft and moderate terms, to prefs upon England with her good offices, and to bring her medi- 1779. ation to an issue, in order that we may know whether we are to expect peace or war. This ftep is looked upon in Europe as immediately neceffary. It was the proper object of the meffage I delivered in February laft. I established then (in a private audience) the ftrong. reasons which require, that at the fame time and without delay proper terms should be offered to his catholic majesty, in order to reconcile him perfectly to the American intereft. I did not conceal, that it was to be feared that any condition inconfiftent 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 purfued 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 caufe, and from completing the intended triumvirate. No lofs, no unhappy event could be fo 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 acceffion of Spain only can give to the alliance a decided fuperiority adequate to our purposes, and free us from the fatal chance, that a fingle unlucky. event may overturn the balance." The committee then taking notice of what the minifter had faid concerning a tacit affurance of the independence of thefe ftates, requested to know his fenfe concerning the manner in which fuch tacit affurance could be given; to which he, premising that what he should now fay ought to be confidered only as his private fentiments, replied That the British court would probably endea 1.779. vour to avoid an exprefs acknowledgment by imitating precedents that had occurred in Europe on fimilar occafions, inftancing in the cafe of the Swifs Cantons, and of the United Provinces of Holland; that the mode adopted in the latter cafe had been for the arch-dukes, to whom the king of Spain had transferred his right of fovereignty, to treat with them as free and independent ftates: and that with refpect to the Cantons, France had not been able to obtain more for them in the treaty of Munfter, than "a declaration that they should be in poffeffion as of full liberty and exemption from the em pire, and be in no manner fubject to the jurifdiction thereof:"--but that in his opinion, the circumstances of thefe ftates, and the manner in which they had conducted their oppofition, would justify their expecting a more full declaration. Mr. Gerard by strongly urging congrefs, in February, o come to an ultimatum, that fo no promifing nego-. tiations might be delayed or obftructed, contributed toward putting the ftates into a profound fleep. They amufed themselves with idle dreams of peace, and hardly made any exertions for the war. Till about the time of the above conference, the army fcarcely received a fingle recruit, though a large part of it diffolved in the courfe of last winter and fpring, by the expiration of the term of service for which the men were engaged. Gen. Washington has a profpect of 1000, or 1500 levies, at enormous bounties, for nine months from Massachusetts and Connecticut, which is all the reinforcement he expects. Inferior in ftrength 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 14. diftreffing fituation of public affairs led the late prefident 1779July of congrefs, Mr. Laurens, to write to his friend-"Let us look around and inquire into the ftate of the army, the navy, the treafury-the view is truly affecting; but what is most of all to be deplored is, the torpitude of national virtue. How many men are there who now in fecret fay, could I have believed it would have come to this, I would —. I am not of that number." Captain Cunningham, who took and carried the Dutch packet into Dunkirk, (Vol. II. p. 453) being captured on board a private armed cutter in the Weft Indies, was brought to New York, put under a rigorous and ignominious confinement, and ordered to be fent to Great Britain. Congrefs was induced by it to order a letter to be written to the British naval commander at 17. New York, demanding the reafons for the treatment he had met with; and refolved, that if they had not a fatiffactory answer by the 1ft of Auguft, one or more perfons fhould be confined to abide the fate of the faid Cunningham. Two days after, congrefs having well confidered the letters before them, giving an account of the devaftations of the enemy, and the burning of Fairfield, Norwalk and Bedford, "Refolved-That the marine committee be and are hereby directed to take the most effectual means to carry into execution the manifefto of October 30, 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. |