vey the past cruelty and present duplicity of her councils; behold her watching every occasion, and trying every project, for dissolving the honorable ties which bind the United States to their ally; and then say on which side our resentments and jealousies ought to lie. With respect to the instructions submitting our ministers to the advice of France, he had disapproved it uniformly since it had come to his knowledge, but he had always judged it improper to repeal it. He disapproved highly of the conduct of our ministers in not showing the preliminary articles to our ally before they signed them, and still more so of their agreeing to the separate article. This conduct gave an advantage to the enemy, which they would not fail to improve for the purpose of inspiring France with indignation and distrust of the United States. He did not apprehend (with Mr. Mercer) any danger of a coalition between France and Great Britain against America, but foresaw the destruction of mutual confidence between France and the United States, which would be likely to ensue, and the danger which would result from it, in case the war should be continued. He observed, that Spain was an unwise nation; her policy narrow and jealous; her king old; her court divided, and the heir-apparent notoriously attached to Great Britain. From these circumstances he inferred an apprehension, that when Spain should come to know the part taken by America with respect to her, a separate treaty of peace might be resorted to. He thought a middle course best with respect to our ministers; that they ought to be commended in general; but that the communication of the separate article ought to take place. He observed, that our ministers were divided as to the policy of the court of France, but that they all were agreed in the necessity of being on the watch against Great Britain. He apprehended that if the ministers were to be recalled or reprehended, they would be disgusted, and head and foment parties in this country. He observed, particularly with respect to Mr. Jay, that, although he was a man of profound sagacity and pure integrity, yet he was of a suspicious temper, and that this trait might explain the extraordinary jealousies which he professed. He finally proposed that the ministers should be commended, and the separate article communicated. This motion was seconded by Mr. OSGOOD, as compared, however, with the proposition of the secretary for foreign affairs, and so far only as to be referred to a committee.

Mr. PETERS favored a moderate course, as most advisable. He thought it necessary that the separate article should be communicated, but that it would be less painful to the feelings of the ministers if the doing it were left to themselves; and was also in favor of giving the territory, annexed by the separate article to West Florida, to such power as might be vested with that colony in the treaty of peace.

Mr. BLAND said he was glad that every one seemed, at length, to be struck with the impropriety of the instruction submitting our ministers to the advice of the French court. He represented it as the cause of all our difficulties, and moved that it might be referred to the committee, with the several propositions which had been made. Mr. LEE seconded the motion.

Mr. WILSON objected to Mr. BLAND'S motion, as not being in order. When moved in order, perhaps he might not oppose the substance of it. He said, he had never seen nor heard of the in-truction it referred to until this morning, and that it had really astonished him; that this country ought to maintain an upright posture between all nations. But, however objectionable this step might have been in Congress, the magnanimity of our ally in declining to obtrude his advice on our ministers ought to have been a fresh motive to their confidence and respect. Although they deserved commendation in general for their services, in this respect they do not. He was of opinion, that the spirit of the treaty with France forbade the signing of the preliminary articles without her consent, and that the separate article ought to be disclosed; but as the merits of our ministers entitled them to the mildest and most delicate mode in which it could be done, he wished the communication to be left to themselves, as they would be the best judges of the explanation which ought to be made for the concealment; and their feelings would be less wounded than if it were made without their intervention. He observed, that the separate article was not important in itself, and became so only by the mysterious silence in which it was wrapped up. A candid and open declaration from our ministers of the circumstances under which they acted, and the necessity produced by them of pursuing the course marked out by the interest of their country, would have been satisfactory to our ally would have saved their own honor-and would not have endangered the objects for which they were negotiating.

Mr. HIGGINSON contended, that the facts stated by our ministers justified the part they had taken.

Mr. MADISON expressed his surprise at the attempts made to fix the blame of all our embarrassments on the instruction of June the fifteenth, 1781, when it appeared that no use had been made of the power given by it to the court of France that our Ministers had construed it in such a way as to leave them at full liberty and that no one in Congress pretended to blame them on that account. For himself, he was persuaded that their construction was just; the advice of France having been made a guide to them only in cases where the question respected the concessions of the United States to Great Britain necessary and proper for obtaining peace and an acknowledgment of independence; not where it respected concessions to other powers, and for other purposes. He reminded Congress of the change which had taken place in our affairs since that instruction was passed; and remarked the probability that many who were now, perhaps, the loudest in disclaiming, would, under the circumstances of that period, have been the foremost to adopt it.* He admitted, that the change of circumstances had rendered it inapplicable, but thought an express repeal of it might, at this crisis at least, have a bad effect. The instructions, he observed, for disregarding which our ministers had been blamed, and which, if obeyed, would have prevented the dilemma now felt, were those which required them to act in concert and in confidence with our ally; and these instructions, he said, had been repeatedly confirmed, in every stage of the revolution, by unanimous votes of Congress; several of the gentlemen present, who now justified our ministers, having concurred in them, and one of them having penned two of the acts, in one of which Congress went farther than they had done in any preceding act, by declaring that they would not make peace until the interests of our allies and friends, as well as of the United States, should be provided for.

As to the propriety of communicating to our ally the separate article, he thought it resulted clearly from considerations both of national honor and national security. He said, that Congress, having repeatedly assured their ally that they would take no step in a negotiation but in concert and in confidence with him, and having even published to the world solemn declarations to the same effect, would, if they abetted this concealment of their ministers, be considered by all nations as devoid of all constancy and good faith; unless a breach of these assurances and declarations could be justified by an absolute necessity, or some perfidy on the part of France; that it was manifest no such necessity could be pleaded; and as to perfidy on the part of France, nothing but suspicions and equivocal circumstances had been quoted in evidence of it, and even in these it appeared that our ministers were divided; that the embarrassment in which France was placed by the interfering claims of Spain with the United States must have been foreseen by our ministers, and that the impartial public would expect that, instead of coöperating with Great Britain in taking advantage of this embarrassment, they ought to have made every allowance and given every facility to it, consistent with a regard to the rights of their constituents; that, admitting every fact alleged by our ministers to be true, it could by no means be inferred that the opposition made by France to our claims was the effect of any hostile or ambitious designs against them, or of any other design than that of reconciling them with those of Spain; that the hostile aspect which the separate article, as well as the concealment of it, bore to Spain, would be regarded by the impartial world as a dishonorable alliance with our enemies against the interests of our friends; but notwithstanding the disappointments and even indignities which the United States had received from Spain, it could neither be denied nor concealed that the former had derived many substantial advantages from her taking part in the war, and had even obtained some pecuniary aids; that the United States had made professions corresponding with those obligations; that they had testified the important light in which they considered the support resulting

The committee who reported the instruction were Mr. Carroll, Mr. Jones, Mr. Wither

spoon, Mr. Sullivan, and Mr. Matthews. Mr. Witherspoon was particularly prominent

throughout.

+ Messrs. Bland, Lee, and Rutledge.

Mr. Rutledge, who framed, in the committee, the first draft of the declaration made in September last, and the instruction about the same time. This was considerably altered, but not in that respect.

to their cause from the arms of Spain by the importunity with which they had courted her alliance, by the concessions with which they had offered to purchase it, and by the anxiety which they expressed at every appearance of her separate negotiations for a peace with the common enemy.

That our national safety would be endangered by Congress making themselves a party to the concealment of the separate article, he thought could be questioned by no one. No definitive treaty of peace, he observed, had as yet taken place; the important articles between some of the belligerent parties had not even been adjusted; our insidious enemy was evidently laboring to sow dissensions among them; the incaution of our ministers had but too much facilitated them between the United States and France; a renewal of the war, therefore, in some form or other, was still to be apprehended; and what would be our situation if France and Spain had no confidence in us, - and what confidence could they have, if we did not disclaim the policy which had been followed by our ministers?

He took notice of the intimation given by the British minister to Mr. Adams, of an intended expedition from New York against West Florida, as a proof of the illicit confidence into which our ministers had been drawn, and urged the indispensable duty of Congress to communicate it to those concerned in it. He hoped if a committee should be appointed - for which, however, he saw no necessity — that this would be included in their report, and that their report would be made with as little delay as possible.

In the event, the letter from the secretary of foreign affairs, with all the despatches, and the several propositions which had been made, were committed to Mr. Wilson, Mr. Gorham, Mr. Rutledge, Mr. Clark, and Mr. Hamilton.

THURSDAY, March 20.

An instruction from the legislature of Virginia to their delegates, against admitting into the treaty of peace any stipulation for restoring confiscated property, was laid before Congress.

Also, resolutions of the executive council of Pennsylvania, requesting the delegates of that state to endeavor to obtain at least a reasonable term for making the payment of British debts stipulated in the preliminary articles lately received.

These papers were committed to Mr. Osgood, Mr. Mercer, and Mr. Fitzsim

mons.

Mr. DYER, whose vote on the tenth day of March frustrated the commutation of the half-pay, made a proposition substantially the same, which was committed. This seemed to be extorted from him by the critical state of our affairs, himself personally, and his state, being opposed to it.

The motion of Mr. HAMILTON, on the Journals, was meant as a testimony on his part of the insufficiency of the report of the committee as to the establishment of revenues, and as a final trial of the sense of Congress with respect to the practicability and necessity of a general revenue equal to the public wants. The debates on it were chiefly a repetition of those used on former questions relative to that subject.

Mr. FITZSIMMONS, on this occasion, declared that, on mature reflection, he was convinced that a complete general revenue was unattainable from the states, was impracticable in the hands of Congress, and that the modified provision reported by the committee, if established by the states, would restore public credit anong ourselves. He apprehended, however, that no limited funds would procure loans abroad, which would require funds commensurate to their duration.

Mr. HIGGINSON described all attempts of Congress to provide for the public debts out of the mode prescribed by the Confederation as nugatory; that the states would disregard them; that the impost of five per cent. had passed in Massachusetts by two voices only in the lower, and one in the upper, house; and that the governor had never formally assented to the law; that it was probable this law would be repealed, and almost certain that the extensive plans of Congress would be reprobated.

FRIDAY, March 21.

The report on revenue was taken into consideration, and the fifth and sixth paragraphs, after discussion, being judged not sufficiently explicit, were recommitted t be made more so.

A motion was made by Mr. CLARK, seconded by Mr. BLAND, to complete so much of the report as related to an impost on trade, and send it to the states immediately, apart from the residue.

In support of this motion, it was urged that the impost was distinct in its nature, was more likely to be adopted, and ought not, therefore, to be delayed or hazarded by a connection with the other parts of the report. On the other side, it was contended that it was the duty of Congress to provide a system adequate to the public exigencies; and that such a system would be more likely to be adopted by the states than any partial or detached provision, as it would comprise objects agreeable, as well as disagreeable, to each of the states, and as all of them would feel a greater readiness to make mutual concessions, and to disregard local considerations, in proportion to the magnitude of the object held out to them.

The motion was disagreed to, New Jersey being in favor of it, and several other states divided.

SATURDAY, March 22.

A letter was received from General Washington, enclosing his address to the convention of officers, with the result of their consultations. The dissipation of the cloud which seemed to have been gathering afforded great pleasure, on the whole, to Congress; but it was observable that the part which the general had found it necessary, and thought it his duty, to take, would give birth to events much more serious, if they should not be obviated by the establishment of such funds as the general, as well as the army, had declared to be necessary."

The report of the committee on Mr. Dyer's motion, in favor of a commutation for the half-pay, was agreed to. The preamble was objected to, but admitted at the entreaty of Mr. DYER, who supposed the considerations recited in it would tend to reconcile the state of Connecticut to the measure.

An order passed for granting thirty-five licenses for vessels belonging to Nantucket, to secure the whaling vessels against the penalty for double papers. This order was in consequence of a deputation to Congress representing the exposed situation of that island, the importance of the whale fishery to the United States, the danger of its being usurped by other nations, and the concurrence of the enemy in neutralizing such a number of vessels as would carry on the fisheries to an extent necessary for the support of the inhabitants.

The committee, to whom was referred the letter from the secretary of foreign affairs, with the foreign despatches, &c., reported,

1. That our ministers be thanked for their zeal and services in negotiating the preliminary articles.

2. That they be instructed to make a communication of the separate article to the court of France, in such way as would best get over the concealment.

3. That the secretary of foreign affairs inform them that it is the wish of Congress that the preliminary articles had been communicated to the court of France before they had been executed.

Mr. DYER said he was opposed to the whole report; that he fully approved of every step taken by our ministers, as well towards Great Britain as towards France; that the separate article did not concern the interests of France, and therefore could not involve the good faith of the United States.

Mr. LEE agreed fully with Mr. Dyer; said that the special report of facts ought to have been made necessary for enabling Congress to form a just opinion of the conduct of the ministers; and moved, that the report might be recommitted. Mr. WOLCOTT seconded the motion, which was evidently made for the sole purpose of delay. It was opposed by Mr. CLARK, Mr. WILSON, and Mr. GORHAM, the first and last of whom had, however, no objection to postponing; by Mr. MERCER, who repeated his abhorrence of the confidence shown by our ministers to those of Great Britain; said, that it was about to realize the case of those who kicked down the ladder by which they had been elevated, and of the viper which was ready to destroy the family of the man in whose bosoin it had been restored to life. He observed that it was urwise to prefer Great Britain to Spain as our neighbors in West Florida.

Mr. HIGGINSON supported the sentiments of Mr. Lee; said that the Count de Vergennes had released our ministers; and that he agreed with those who thought the instruction of June the 15th could relate only to questions directly between Great Britain and the United States.

Mr. HOLTEN thought there was no sufficient evidence for praise or blame; and hat both ought to be suspended until the true reasons should be stated by the ministers. He supposed that the separate article had been made an ultimatum of the preliminaries of Great Britain; and that there might also be secret articles between Great Britain and France. If the latter were displeased, he conceived that she would officially notify it. Mr. RUTLEDGE was against recommitting, but for postponing. The motion for recommitting was disagreed to; but several states being for postponing, the vote was no index as to the main question.

It had been talked of, among sundry members, as very singular that the British minister should have confided to Mr. Adams an intended expedition from New York against West Florida; as very reprehensible in the latter to become the depositary of secrets hostile to the friends of his country, and that every motive of honor and prudence made it the duty of Congress to impart the matter to the Spaniards. To this effect, a motion was made by Mr. MERCER, seconded by Mr. MADISON. But it being near the usual hour of adjournment, the house being agitated by the debates on the separate article, and a large proportion of members predetermined against every measure which seemed in any manner to blame the ministers, and the eastern delegates, in general, extremely jealous of the honor of Mr. Adams, an adjournment was pressed and carried without any vote on the motion.

MONDAY, March 24.

On the day preceding this, intelligence arrived, which was this day laid before Congress, that the preliminaries for a general peace had been signed on the 20th of January. This intelligence was brought by a French cutter from Cadiz, despatched by Count d'Estaing to notify the event to all vessels at sea, and engaged, by the zeal of the Marquis de la Fayette, to convey it to Congress. This confirmation of peace produced the greater joy, as the preceding delay, the cautions of Mr. Laurens's letter of the 24th of December, and the general suspicions of Lord Shelburne's sincerity, had rendered an immediate and general peace extremely problematical in the minds of many.18

A letter was received from General Carleton through General Washington, enclosing a copy of the preliminary articles between Great Britain and the United States, with the separate article annexed.

Mr. CARROLL, after taking notice of the embarrassment under which Congress was placed by the injunction of secrecy as to the separate article, after it had probably been disclosed in Europe, and, it now appeared, was known at New York, called the attention of Congress again to that subject.

Mr. WOLCOTT still contended that it would be premature to take any step relative to it, until further communications should be received from our ministers.

Mr. GILMAN, being of the same opinion, moved that the business be postponed. Mr. LEE seconded the motion.

Mr. WILSON conceived it indispensably necessary that something should be done; that Congress deceived themselves if they supposed that the separate article was any secret at New York after it had been announced to them from Sir Guy Carleton. He professed a high respect for the character of the ministers, which had received fresh honor from the remarkable steadiness and great abilities displayed in the negotiations; but that their conduct with respect to the separate article could not be justified. He did not consider it as any violation of the instruction of June 15, 1781, the Count de Vergennes having happily released them from the obligation of it. But he considered it, with the signing of the preliminaries secretly, as a violation of the spirit of the treaty of alliance, as well as of the unanimous professions to the court of France, unanimous instructions to our ministers, and unanimous declarations to the world, that nothing should be discussed towards peace but in confidence, and in concert with our ally. He made great allowance for the ministers; saw how they were affected, and the reasons of it; but could not subscribe to the opinion that Congress ought to pass over the separate article in the manner that had been urged; Congress ought, he said, to disapprove of it, in the softest terms that could be devised, and, at all events, not to take part in its concealment.

Mr. BLAND treated the separate article with levity and ridicule, as in no respect concerning France, but Spain, with whom we had nothing to do.

Mr. CARROLL thought that, unless something expressive of our disapprobation