Abbildungen der Seite
PDF
EPUB

*#779.

cumstance, confidering that the Spanish manifefto was not delivered till the 16th of June, may be by fuppofing that the Spanish admiral had orders immediately upon his joining count d'Orvilliers, to dispatch a veffel to inform the Spanish governors in America, that hofMities were then commencing; and that the faid veffel had fo good a paffage as to admit of Don Galvez receiving the difpatches on the 9th of Auguft, within forty-fix days after the junction of the combined fleet, The governor proceeded to collect the whole force of his proAug. vince at New Orleans, and then publicly recognized the *9. independency of the American States by beat of drum.

Every thing being in readinefs for the purpofe, he immediately marched against the British fettlements on the Miffiffippi. The whole force, British and German, ftationed for their protection, did not amount to 500 men: and had no other cover than a newly conftructed fort, or rather field redoubt. Here however lieut. col, Dickson stood a fiege of nine days, and then obtained Sept. conditions honorable to the garrifon and favorable to the inhabitants, Nothing could exceed the good faith with which the Spanish governor obferved the prescribed conditions; nor the humanity and kindness with which he treated his prifoners. A Spanish gentleman, Don Juan de Mirailles, has refided at Philadelphia for fome confiderable time: he appears to be empowered by the court of Madrid to act as their agent, and tranfacts his business with congrefs through the medium of the French ambaffador. Being thus led to mention congrefs, let us quit the operations of the field for the determinations of the grand council of the American States.

Aug

Congress having at length concluded upon an ulti- 1779. matum after much deliberation and debate, they agreed 14 upon inftructions to the commiffioner to be appointed to negotiate a treaty of peace with Great Britain, and to the minifter plenipotentiary at the court of France. They pointed out to the firft the boundaries he was to infist upon, and further faid" As the great object of the prefent defenfive war on the part of the allies is to establish the independency of the United States, and as any treaty whereby this end cannot be obtained must be only oftenfible and illufory, you are therefore to make it a preliminary article to any negotiation, that Great Britain fhall agree to treat with the United States as fovereign, free and independent :-You fhall take fpecial care alfo that the independence of the said states be effectually affured and confirmed by the treaty or treaties of peace, according to the form and effect of the treaty of alliance with his moft christian majesty; and you fhall not agree to fuch treaty or treaties, unless the fame be thereby affured and confirmed:-Although it is of the utmost importance to the peace and commerce of the United States, that Canada and Nova Scotia fhould be ceded, and more particularly that their equal common right to the fisheries fhould be guaranteed to them, yet a defire of terminating the war hath induced us not to make the acquifition of these objects an ultimatum on the prefent occafion :-You are empowered to agree to a ceffation of hoftilities during the negotiation, provided our ally fhall confent to the fame, and provided it shall be ftipulated that all the forces of the enemy fhall be immediately withdrawn from the United States:In all other matters not above-mentioned, you

[merged small][ocr errors]

1779 are to govern yourself by the alliance between his most christian majefty and thofe ftates, by the advice of our allies, by your knowledge of our interests, and by your own discretion in which we repose the fullest confidence."

To Dr. Franklin the congrefs wrote-" Sir-Having determined that we would not infiit on a direct acknowledgment by Great Britain of our right in the fisheries, this important matter is liable to an incertitude, which may be dangerous to the political and commercial interefts of the United States, we have therefore agreed and refolved-that the common right of fishing fhall in no cafe be given up; and that if after a treaty of peace with Great Britain, fhe fhall moleft the citizens or inhabitants of any of the United States, in taking fish on the banks of Newfoundland and other fisheries in the American feas, any where excepting within the diftance of three leagues of the fhore of the territories remaining to Great Britain at the close of the war, fuch moleftation (being in the opinion of congrefs a direct violation and breach of the peace) fhall be a common cause of the said states, and the force of the union be exerted to obtain redress for the parties injured. But notwithftanding these precautions, as Great Britain, may again light up the flames of war, and ufe our exercife of the fisheries as her pretext; and fince fome doubts may arife, whether this object is fo effectually guarded by the treaty of alliance with his moft christian majesty, that any molestation therein on the part of Great Britain, is to be confidéred as a cafus fæderis; you are to endeavour to obtain of his majefty an explanation on that fubject, upon the principle that notwithstanding the high confidence repofed in his wifdom and juftice, yet confidering

the uncertainty of human affairs, and how doubts may 1779. be afterward raised in the breasts of his royal fucceffors, the great importance of the fisheries renders the citizens of these states very folicitous to obtain his majesty's › sense with relation to them, as the beft fecurity against the ambition of the British court. For this purpose you fhall propofe the following articles, in which nevertheless fuch alterations may be made as the circumftances and fituation of affairs fhall render convenient and proper. Should the fame be agreed to and executed, you, are immediately to tranfmit a copy thereof to our minister at the court of Spain."

"Whereas by the treaty of alliance between the most, chriftian king and the United States of North America, the two parties guarantee mutually from that time. and for ever against all other powers, to wit, the United, States to his moft chriftian majefty the poffeffion then appertaining to the crown of France in America, as well as those which it may acquire by a future treaty of peace; and his most christian majefty guarantees on his part to the United States, all their liberty, fovereignty and independence, abfolute and unlimited, as well in matters of government as commerce, and alfo their poffeffions and the additions or conquests that their confederation may obtain during the war, according to the faid treaty-And whereas the faid parties did further agree. and declare, that in cafe of a rupture between France and England, the faid reciprocal guarantee fhould have its full force and effect the moment fuch war fhould break: out:And whereas doubts may hereafter arife how far the said. guarantee extends to this cafe, to wit, that should. Great Britain moleft or difturb the fubjects or inhabi

1779% tants of France, or of the faid ftates, in taking fish on the banks of Newfoundland, and other the fishing banks and feas of North America, formerly and ufually frequented by the fubjects and inhabitants respectively:And whereas the said king and the United States have thought proper to determine with precifion the true intent and meaning of the faid guarantee in this refpect, now therefore as a further demonftration of their mutual good will and affection, it is hereby agreed, concluded and determined as follows, to wit, That if after the conclufion of the treaty of treaties which shall terminate the present war, Great Britain fhall moleft or difturb the fubjects or inhabitants of the faid United States, in taking fish on the banks, feas and places, formerly used and frequented by them fo as not to encroach on the territorial rights, which may remain to her after the termination of the prefent war as aforefaid, and war fhould thereupon break out between the faid United States and Great Britain: or if Great Britain fhall moleft or disturb the fubjects and inhabitants of France, in taking fish on the banks, feas and places formerly ufed and frequented by them, fo as not to encroach on the territorial rights of Great Britain as aforefaid, and war fhall thereupon break out between France and Great Britain; in either of thefe cafes of war as aforefaid, his moft christian majefty and the faid United States fhall make it a common caufe, and aid each other mutually with their good offices, their councils and their forces, according to the exigence of conjunctures, as becomes good and faithful allies-Provided alway that nothing herein contained fhall be taken or understood, as contrary to or inconfiftent with the true intent and meaning

« ZurückWeiter »