treaty did not define the right of search or blockade, but acknowledged both in general terms.

These were the points that related to the laws of nations; they certainly could not be considered as favourable to the United States; but these were doctrines England would not relinquish, as this government has had abundant experience. She would not yield them to the armed neutrality of '80, nor has any one state, or coalition of states, yet succeeded in compelling her to abate a tittle from a rigorous enforcement of them. Mr. Jay's treaty has been called an instrument that settled nothing. There is some ground for the description. The position and boundaries of the Mississippi and the St. Croix, the debts, and the spoliations, were referred to commissioners; the West India trade, reciprocal duties, contrabands, the neutral flag, and provisions, to future negotiations. These were really the principal provisions of the treaty, and it is worth while to trace, for a moment, their history. The north-western and north-eastern boundaries, though in progress, have not been settled to this day; the commission on the debts was suspended,—and the American government agreed to pay, under the convention with Mr. King, in 1802, a sum of £600,000, as a release from the obligations of the sixth article of Mr. Jay's treaty; the West India trade has not yet been secured; and the great questions of neutral flag, contrabands, and provisions, rest in the same profound uncertainty that they did in 1794. But the treaty was not without some advantages to the United States, though its principal advantage consisted in its having decided the question of neutrality;-if it settled none of the leading questions of neutral rights, it at least prevented a war, at a moment when the government and nation were in every respect unprepared,-in itself an infinite benefit. It opened all the ports of Great Britain in Europe, on equal terms; all her ports in the East Indies, but it

involved. England, at the peace of Utrecht, acknowledged that the flag covered the merchandise. The basis of the armed neutrality of 1780 and 1800, was this principle,-but they effected nothing for neutral commerce.

made the trade round the Cape of Good Hope direct, and forbid the coasting trade. Before the treaty, the Americans had both an indirect and a coastwise trade in India. They carried cottons, for example, from the British settlements in the East Indies, to Canton. But the trade to India and Europe depended, before 1794, on the pleasure of the British government; it was now secured by treaty.

The ratification of this instrument may be considered the proper solid foundation of the commercial prosperity of the United States. The first act of the government that proved the stability of the federal constitution; it was a severe trial; and the steadiness, with which the shock was borne, may be attributed, in some degree, to the personal character of the President.*

* In 1791, the lords of the committee of Privy Council made a minute report on the trade of England with America. This report was intended to show on what terms it would be favourable for Great Britain to conclude a treaty with the United States. The West India planters were desirous of having an intercourse opened with America, immediately after the peace of '83.—(Collection, &c. of reports on trade and navigation, &c. London, 1807, published by order of the society of ship owners, &c.)

Spain powerful at time of Revolution-Family Compact-Great American possessions—Franklin appointed minister in '77 to Madrid -Important letter-A. Lee goes to Bilboa-Letter of Grimaldi— Europe secretly hostile to England-Spain avoids the coalitionStrives to reconcile France and England-Fails-Declares war against England in '79-Jay sent to Spain-Received-Details of his proceedings-Makes no treaty-English government sent Cumberland to Madrid—Fails—Important instructions-De Florida Blanca's mistake respecting invitation to Jay-Carmichael, Chargé-Presented at Court--Letter concerning la Fayette—-Gardoqui, Spanish Chargé Treats respecting boundaries-Nothing done South and North divide on the navigation of the Mississippi-South in minority-Short and Carmichael, commissioners to Spain-Remarks on Mississippi—Important instructions—Spain, having entered the coalition of '93, unwilling to treat—Indians—Acts of hostility in Kentucky-Short-Viar-Jaudenes-Peace of Basle-Godoy -Pinckney sent to Madrid-Treaty of San Lorenzo el Real with Prince of Peace-Right of deposite at New Orleans suspended— Eastern and Western boundaries of Louisiana-France opposes claims of United States-Government take possession of W. Florida -Folch-Kemper-Spoliations-Settled by transfer of E. Florida -Humphreys-Yrujo-Bowdoin-Intercourse renewed in 1814

Erving.

Ar the time of the declaration of independence, Spain was mistress of half the continent of South America. She was one of the most powerful nations of Europe, not only from her own wealth, valuable colonies, and numerous and well appointed army and navy, but in consequence of an intimate connexion with France. The "family compact," adopted by the treaty of Paris of 1761, an alliance between

all the princes of the house of Bourbon, more especially the crowns of France and Spain, still existed. By that instrument, those two powers mutually guarantied their states and possessions, and assumed, as the basis of their alliance, the diplomatic maxim, “Qui attaque une couronne, attaque l'autre." All the American possessions of Spain were then entire; she enjoyed an active, extensive and lucrative commerce; and was as determined an enemy of England as France herself.

After arrangements had been made by the Congress of the confederation to obtain the assistance of France, one of the next subjects of attention was Spain. As early as December 1776, it was resolved to send commissioners to that country, and, in the beginning of the next year, Dr. Franklin was appointed the first envoy to Madrid, though he never went to that court;* but while in France, he addressed a Ietter to the Count d'Aranda, at that time the Spanish minister at Versailles. This letter will be found in the memoirs of Dr. Franklin, and as it explains in a few words the situation of the two countries, we shall extract a portion of it:

"Passy, April 7, 1777. Sir,-I left in your excellency's hands to be communicated, if you please, to your court, a duplicate of the commission from the Congress, appointing me to go to Spain as their minister plenipotentiary. But I understand the receiving such a minister is not at present thought convenient, and I am sure, the Congress would have done nothing that might incommode, in the least, a court they so much respect. I shall, therefore, postpone that journey till circumstances may make it more suitable. In the mean time, I beg leave to lay before his catholic majesty, through the hands of your excellency, the propositions contained in a resolution of Congress dated December 30, 1776, viz., “That if his catholic majesty will join with the United States in a war against Great Britain, they will assist in reducing to the possession of Spain the town and harbour of Pensacola, provided the inhabitants of the United States shall have the free navigation of the Mississippi, and the use of the harbour of Pensacola, and will (pro

* For commission, see Secret Journals, vol. ii. Jan. 1, 77.

vided it shall be true that his Portuguese majesty* has insultinglyexpelled the vessels of these States from his ports, or has confiscated any such vessels) declare war against the said king, if that measure shall be agreeable to, and supported by, the courts of France and Spain." It is understood that the strictest union subsists between these two courts, and, in case Spain and France should think fit to attempt the conquest of the English sugar islands, the Congress have further proposed to furnish provisions to the amount of two millions of dollars, and to join the fleet employed on the occasion with six frigates, of not less than 24 guns each, manned and fitted for service, and to render any other assistance, which may be in their power, as becomes good allies, without desiring for themselves the possession of any of the said islands."

A few months before the date of this letter Arthur Lee, at the request of Messrs. Franklin and Deane, undertook a journey to Spain. He arrived at Bilboa in March, though he was not provided with a special appointment, and appears to have had no other object than to obtain money and supplies. He was furnished with a letter and passports from the Spanish Minister at Paris, but the king would not allow him to proceed to Madrid from the extreme difficulty of maintaining his incognito. Don Diego Gardoqui was, how

* In consequence of the celebrated Methuen treaty, the greater part of the Portuguese commerce had fallen into the hands of the English, and those two countries were in a strict alliance and friendship. In the letter of B. Franklin quoted in the text, the reader will probably be struck with the uncommon willingness of the Congress to engage in foreign connexions, though the motives and reasons of such measures are abundantly apparent and satisfactory. Still it is remarkable, how few they formed; how entirely they escaped from every sort of entangling league and association, with the single exception of the provision respecting the guaranty in the treaty of '78 with France. This circumstance is the more extraordinary, because England was at that time the common enemy of Europe, and an almost general armed confederation had been entered into against her. America is indebted for this good fortune, not only to the skill and discretion of her rulers, but to her "distant and detached situation," and to a very common impression in Europe of her weakness and inability to render valuable assistance to any cause.