States, which his most Christian majesty perseveres to hold up as a preliminary and essential condition. The behaviour of the common enemy in this respect, rendered a great deal more probable the conjecture which was communicated to congress some time ago, that the point of honor and pride of the king of England, will be the greatest obstacle to the conclusion of the peace upon those explicit terms: and perhaps the manner of overcoming this difficulty, will of course become the most decisive object of the deliberation of congress, when this honorable body shall determine to make peace. It is presupposed whatever mezo termine may be hit upon, that England shall treat with the United State as with a free people, and evacuate immediately all the territories belonging to them.

The substance of what the minister said at the conference, in explanation of the foregoing articles.

1. From the bills and accounts with which congress have been furnished by Mr. de. Beaumarchais, congress would be enabled to distinguish those articles which were drawn from the royal magazines, and those which he supplied in a way of trade; for those last congress would without doubt make remittances to Mr. de Beaumarchais in their own way, to enable him to perform the contracts he had entered into as a merchant. That for the former articles, the king his master taking upon himself to be creditor to the United States, would wait until the congress should find it convenient to make compensation.

2. Though his court had not resolved to retaliate upon the prisoners in their hands for injuries done to prisoners by the common enemy, yet for the reasons assigned, the king his master had assented to the proposal; but in carrying this matter into execution, it would be proper to take such precautions, and to give such orders to the captains, or other persons employed in the business, that it might be managed with prudence.

3. There is every reason to believe that congress will receive very soon proofs of the confidence which his court was always willing to show to the servants of these states. The personal character of Dr. Franklin will enable the court to act with a frankness becoming the alliance; they will have no occasion to withhold any more the secrets which may interest the United States and the alliance.

4. The king his master, after this explicit step, relies with the highest confidence upon the candor and faithfulness of congress in understanding as well as in executing the treaty, and in re jecting every arbitrary and unnatural interpretation or constructi on, which fales, subtle or designing men can contrive. Congress by

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 de gree 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 tos 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 Eng land 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 con gress 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 theirs sake and in their cause which he has adopted.

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7. He said, that he was authorised to tell congress in confi dence, 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; butat 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 ascer tain as nearly as possible those dispositions. In these circum stances the king his master ordered him to communicate this intelligence to the United States, that they may if they think pro per 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 foresaw the extreme difficulties a formal and explicit acknowledge.. ment 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 te nacious 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 resistance of seventy. To this day Genoa and the Swiss Cantons have obtained no renunciation, nor acknowledgment either tacit or formai from their former sovereigns; but they enjoy their sovereignty and inde. pendence 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 Am-erica 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 mention-> ed, that congress may, if they think proper, consider whethera 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 ex-1 amine, 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 affairs may require. "In thus executing the orders," continued he, Lhave 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 ber fore these dispatches should come to my hands. Howeversensi bly my court will be disappointed in her expectations, I shall add nothing to the information and observations, which with the warm est 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 re main 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. L 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 Europe as immediately necessary. It was the proper object of the message I delivered in February last, I established then (in a pri vate audience) the strong reasons which require, that at the same time, and without delay, proper terms should be offered to his Ca tholic majesty, in order to reconcile him perfectly to the Ameri can 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 pos session 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 treasurythe 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 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 confined, to abide the fate of the said Cunningham. Two days after, con-gress having well considered the letters before them, giving an account