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for those rights. Nor can they refrain," they subjoined, "from making known to his majesty that any claim for restitution or compensation for property confiscated in the several states will meet with insuperable obstacles, not only on account of the sovereignty of the individual states, by which such confiscations have been made, but of the wanton devastations which the citizens of these states have experienced from the enemy, and in many instances from the very persons in whose favor such claims may be urged. That congress trust that the circumstances of the allies at the negociations for peace will be so prosperous, as to render these expectations consistent with the spirit of moderation recommended by his majesty."

It must have been humiliating to the members of the national legislature, to be thus compelled, in consequence of former instructions, to become humble suppliants at the feet of a foreign power, for the attainment of objects all important to the future prosperity of their country.

With respect to peace itself, however, the arms of the allies were able to effect in America, what the mediation of the imperial courts could not accomplish in Europe.

The capture of lord Cornwallis and his army, convinced the British nation, that America could not be subdued by force; and led to a change of administration and pacific overtures. Parliament met on the 27th of November, 1781, and though the speech from the throne, still breathed a spirit of hostility, and answers from both houses were procured, in accordance with it; yet not long after the recess, the ministers found themselves in a minority in the house of commons. On the 22d of February, 1782, general Conway in the house, moved an address to the king, praying "that the war on the continent of North America, might no longer be pursued, for the impracticable purpose of reducing that country to obedience by force and expressing their hope, that the earnest desire and diligent exertion to restore the public tranquillity, of which they had received his majesty's most gracious assurances, might, by a happy reconciliation with the revolted * Secret Journals of Congress, vol. 3, pp. 222 and 243. 16

VOL. II.

colonies, be forwarded and made effectual; to which great end, his majesty's faithful commons would be ready to give their utmost assistance."

This motion being lost by a single vote only, was, five days af ter renewed, by the same gentleman, in a form somewhat different; declaring, “ that it was the opinion of that house, that the farther prosecution of offensive war, on the continent of North America, for the purpose of reducing the revolted colonies to obedience by force, would be the means of weakening the efforts of this country against her European enemies, and tend, under the present circumstances, dangerously to increase the mutual enmity, so fatal to the interests both of Great Britain and America; and, by preventing a happy reconciliation with that country, to frustrate the earnest desire graciously expressed by his majesty, to restore the blessings of public tranquillity.”

This motion was carried, and an address in pursuance of it, presented to the king; who, in his answer on the first of March, assured the house, " that he should take such measures, as should appear to him to be most conducive to the restoration of harmony between Great Britain and her revolted colonies, so essential to the prosperity of both; and that his efforts should be directed. in the most effectual manner, against our European enemies, until such a peace could be obtained, as should consist with the interests and permanent welfare of his kingdom."

Not yet satisfied with the triumph obtained over the ministry, and considering the answer of the king not sufficiently explicit, the house of commons, on the 4th of March, on the motion of general Conway, declared, that all those who should advise or by any means, attempt the farther prosecution of offensive war in America, should be considered as enemies to their king and country. In this state of things, it was impossible for the ministry longer to continue in power; and on the 19th, they relinquished their places. A new administration was soon after formed-the marquis of Rockingham, was placed at the head of the treasury, and the earl of Shelburne and Mr. Fox held the important places of secretaries of state.

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The new ministers, soon after their appointment, sent a Mr. Oswald to France, to sound the French court, as well as Dr. Franklin, on the subject of peace. He was introduced to the latter, by lord Shelburne, and by Mr. Laurens who was then in London. In a conference with the count de Vergennes, Mr. Oswald was informed, that the French court were disposed to treat of peace; but could do nothing without the consent of their allies; and the count expressed a wish, that Paris might be the place of meeting, for entering upon this important business. About the 18th of April, the British agent went back to London, and on the 4th of May, returned to France with the assent of the British cabinet to treat of a general peace, and for that purpose, to meet at Paris. He also informed Dr. Franklin and the count de Vergennes, that Mr. Grenville was entrusted with the negociation, on the part of the court of London. This gentleman soon after came to Paris, and in company with Dr. Franklin, had an interview with the French minister. He intimated, that if England gave independence to America, France should restore the conquests she had made of the British Islands, receiving back those of Miquelon and St. Piere. The original object of the war being obtained, this he supposed would satisfy the court of France. The count de Vergennes smiled at the proposed exchange, and said, America does not ask you to give her independence; Mr. Franklin will answer you, as to that point. Dr. Franklin then said, that the Americans considered themselves under no necessity of bargaining for a thing already their own, which they had acquired, at the expense of so much blood and treasure, and of which they were in possession.

In the conference between the French and English ministers, the feelings of the former, with respect to the terms of the treaty of peace in 1763, were strongly manifested. In answer to the intimation that France would be satisfied with the attainment of the original object of the war, Vergennes desired Mr. Grenville, to look back to the conduct of England, in former wars, and particularly the last, the object of which was, a disputed right to some western lands on the Ohio, and the frontiers of Nova Sco

tia; and asked, " did you content yourselves with the recovery of those lands? No," said he, "you retained at the peace, all Canada, all Louisiana, all Florida, Grenada, and other West India islands, the greater part of the northern fisheries, with all your conquests in Africa, and the East Indies." He told the British minister, it was not reasonable, "that a nation, after making an unprovoked and unsuccessful war upon its neighbor, should expect to sit down whole, and have every thing restored which she had lost, in such a war."*

Mr. Grenville immediately despatched a messenger to London, and Mr. Oswald soon followed.

Not long after the first arrival of Mr. Oswald, doctor Franklin wrote to Mr Jay, then in Spain, and requested his assistance, in the negociations. In consequence of this communication Mr. Jay immediately set out for Paris, where he arrived the 23d of June. A serious difficulty arose, in the commencement of a negociation between so many parties, particularly in respect to America, as to the powers of the British negociators. The first commission of Mr. Grenville confined him to treat with France, without naming her allies. As this was manifestly insufficient, a new one was sent for, and arrived on the 15th of June. By this he was empowered to treat not only with the king of France, or his ministers, but with the ministers of any other prince or state whom it might concern. Dr. Franklin doubted whether, by the word state, it was intended to include America, the British government having never yet acknowledged America as a state. Mr. Grenville, however, explicitly informed him, that he was authorized to declare the independence of the United States, previous to the treaty, as a voluntary act, and to propose separately, as a basis, the treaty of 1763.t

It is proper here to state, that soon after the formation of the new administration, Sir Guy Carlton was appointed commander in chief in America, in the room of Sir Henry Clinton, and that he, and admiral Digby, had powers to treat of peace. One obFranklin's Works, vol. 5, p. 265.

* Franklin's Works, vol. 5.

ject of conferring this power was to induce congress to agree to a separate treaty.

Sir Guy Carlton arrived in America the 5th of May, and two days after informed general Washington that he and admiral Digby were authorized to treat of peace, and requested a pasport for their secretary, as the bearer of despatches to congress, on the subject. A copy of this letter was forwarded by the general to that body. But the members being determined not to negociate without their allies, refused the pasport. The same commissioners on the 2d of August following, sent a second letter to the American commander, informing him that negociations for a general peace had commenced at Paris, and that Mr. Grenville' had full powers to treat with all the parties at war, and that by his instructions, "the independency of the thirteen provinces was to be proposed by him, in the first instance, instead of being made a condition of a general treaty." A majority of the new British cabinet, very early determined to " offer America unlimited, unconditional independence," as the basis of a negocia tion for peace, and so instructed their minister, Mr. Grenville.* This was a favorite measure with the marquis of Rockingham. On this point, the cabinet, however, was divided. The earl of Shelburne, though he acquiesced, was still opposed, and it was one of the last measures to which the king would assent.

The sickness of the marquis of Rockingham, and his death, which happened on the first of July, produced no little delay and difficulty in the negociations. The appointment of lord Shelburne first lord of the treasury, produced an open rupture in the cabinet. Lord John Cavendish, Mr. Fox, and some others, resigned their places. In consequence of this, William Pitt was made chancellor of the exchequer, and Thomas Townsend and lord Granthem, secretaries of state.

There can be little doubt, that the king, as well as lord Shelburne, still entertained a distant hope, that some arrangement might be made with the Americans, short of an open and express acknowledgment of their independence; and the views of the

Annual Register for 1782.

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