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A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774-1875

Journals of the Continental Congress --TUESDAY, SEPTEMBER 24, 17823


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Journals of the Continental Congress, 1774-1789
TUESDAY, SEPTEMBER 24, 17823

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[Note 3: 3 The proceedings for this day were entered only in the manuscript Secret Journal, Foreign Affairs. They are printed in the Diplomatic Correspondence of the American Revolution (Wharton), V. 757.]

The committee, consisting of Mr. [James] Duane, Mr. [Daniel] Carroll, Mr. J[oseph] Jones, Mr. [Ralph] Izard and Mr. [Theodorick] Bland, appointed to hold a conference with the honourable Chevalier de la Luzerne, minister of France, in pursuance of his note to Congress of the 23d, report--

That yesterday your committee held a conference with the minister of France, agreeably to the said appointment; the substance of which consisted in the communication of advices lately received by the said


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minister of France, from his Excellency the Count de Vergennes, as follows:

The minister informed the committee he had received several despatches from his court, of which he thought it his duty to communicate an extract to Congress.

The first was dated 9th April last. It expressed the opinion of the Count de Vergennes, that the Court of St. James had formed a design to make a separate peace with one or more of the powers at war with it. That France was perfectly easy with respect to the disposition of Congress; and that the uniformity and steadfastness of their conduct did not leave the least doubt with regard to the part they would take in this circumstance. That the steps the king had taken on a similar occasion, and the disappointment of several British emissaries, was already known to Congress. That they had met with the same reception at Madrid; and there was the greatest probability that their intrigues would not be more successful at the Hague. The minister of France observed, that the glory and honour of the present confederacy, of which his Majesty was the centre, would be their having been inaccessible to artifice; and this extraordinary instance would be crowned with success if the four powers persisted invariably in a firm attachment to their union, and if, on the one hand, making the greatest exertions to procure the completest satisfaction, they, on the other hand, confined themselves within such bounds of moderation as would give no umbrage to any one of the powers at war with Great Britain. That the king had in different circumstances taken the proper measures to deprive the enemy of all hopes which they might have formed of introducing dissentions between his Majesty and his allies. That it was to be wished that the Court of London was fully convinced of the impossibility


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bility of treating separately with America. That this had always been the chimerical and favourite idea of England; and that so long as it subsisted there would perhaps be no possiblity of treating seriously about the conditions of a peace. That their negotiations would only be an artifice to scatter divisions among the allies, and retard their exertions for continuing the war. That the shortest way to put a stop to their intrigues would be to let it be known publickly in the most explicit manner, that the United States neither can nor will make any peace without the concurrence of their ally; and that if England has any overtures for peace to make to them, the American plenipotentiaries are sufficiently empowered to receive them, and to negotiate a peace if those overtures are admissible. That this peremptory language would free Congress from all the embarrassments which the English ministers could throw in the way; that it would bring them to a sincere disposition to make peace; put an end for ever to their machinations with the mediating powers; deprive them of the means of feeding the parliament and people of England with the hopes of a separate peace; and finally save the Americans from all the difficulties which would infallibly take place if England were allowed to negotiate in America. It would convince England that the United States are not less attached to their engagements with their ally than sensible of the respect due to the Courts of Vienna and Petersburg, whose mediation Congress have accepted. The minister added, that though the situation of the belligerent powers, the distance of America, and the slowness and difficulty of communication made it advantageous that the seat of negotiation should be in Europe, and that the enemy should be informed of this resolution, yet Congress had the fullest liberty to follow the system which France had pointed out in her answer to the


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mediating powers, in consequence of which the American ministers might negotiate immediately and directly conformably to the instructions they had received from Congress; but the negotiations of France and America would be carried on in an equal progression, a continual and reciprocal communication would be given, and the two treaties signed at the same time, and one be ineffectual without the other.

The Count de Vergennes in the same despatch, gave information of the Dutch having acknowledged the independence of America, of which Congress are already informed.

The letters of 2d May and 28th June, urged the same point of referring the British negotiators in America to the American plenipotentiaries in Europe, with this addition in the letter of 2d May, that it was now evidently the object of Great Britain to lessen their exertions on this continent as much as in their power, and to adopt a defensive mode of carrying on the war; that being unable to support a double war by land and by sea, she proposed to suspend the one in order to carry on the other more effectually; and in case of success, to return against the United States with redoubled efforts.

The minister mentioned the attempts that had been alternately made at the Court of Versailles, and with the American plenipotentiaries, for a separate peace, and said, that Doctor Franklin had communicated his and Mr. Adams's answers to the British emissaries; that the king thought them firm and consistent with the principles of the alliance, and wished that Congress might be informed of the satisfaction they afforded him. That to remove forever such expectations it behooved the wisdom of Congress to declare, that no peace but a general one would be attended to; that when negotiations


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are entered into with sincerity, the king would most readily employ his good offices in support of the United States in all points relating to their prosperity; that Congress were themselves sensible of the distinction between the conditions of justice and rigour, and those of convenience and compliance which depended on the good or bad situation of affairs; that though the circumstances of the allies were very promising, such events might happen as might make it advisable to adopt the part of moderation. But the best way to obtain every possible advantage was to preserve a perfect connexion, and to let them know that the United States would not only reject a separate peace, but that they would continue the war against the common enemy by all manner of ways, until their allies should also conclude a peace; that this declaration would convince the British ministers that they would not get rid of the Americans by merely acknowledging their independence; and that though they removed their troops from the continent, they would be attacked wherever found.

The despatch of the 28th June dwelt chiefly on the negotiation; and contained details which the Count de Vergennes directed the minister to make to Congress, but which have in a great measure been already transmitted to them by their ministers in Europe. These details related to the emissaries sent to Doctor Franklin and Mr. Adams, and their satisfactory answers. Mr. Oswald, in an interview with the Count de Vergennes, hinted to him the desire of the Court of London, and the necessity it was under to make peace; and received for answer, that the king was equally disposed to make an honourable and solid peace. Mr. Oswald went to London to carry this information; returned soon, and was immediately followed by Mr. Grenville, the intimate friend of Mr. Fox. Mr. Oswald repeated to Mr. Franklin


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the assurances of the disposition of the cabinet of St. James; and Mr. Grenville, in answer to his overtures to the Count de Vergennes respecting the disposition of the king of Great Britain, was informed by the express order of the king, That his Majesty was disposed to negotiate for peace, provided it was a general one, and the allies and friends of his Majesty were satisfied. This answer was just given when the news of the action of the 12th of April reached Europe. Nevertheless, the king of Great Britain sent full powers to Mr. Grenville to negotiate the peace with his Majesty. In communicating them the English agent declared, That the king of England, in order to facilitate peace, was disposed to treat of the independence of the United States with his Majesty, provided all other matters were put upon the footing of the treaty of 1763.

To this the king answered--1st. That the powers of Mr. Grenville were insufficient, as they did not mention the allies of his Majesty. 2d. That his Majesty could not himself negotiate for the interests of America, having no powers to this purpose; and that it became the dignity of of the king of England and of the United States to open a direct negotiation on this subject. 3d. That in order to conclude a solid and lasting peace, it ought not to be founded upon the treaty of Paris, but upon justice and the dignity of all the contracting powers.

The British ministry adopting these observations, sent new powers to Mr. Grenville, authorising him to treat with all the belligerent powers. Mr. Grenville presented to the Count de Vergennes a copy of these powers, and declared, that the king of England, being disposed to acknowledge and declare directly the independence of America, it would no longer be a conditional article of peace. And as to France, the English plenipotentiary


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proposed to take the treaty of Paris for the basis, not of the peace itself, but of the negotiations which were to be entered into.

The Count de Vergennes, on the 21st June, communicated to Mr. Grenville the answer of the king. In this communication his Majesty declared his wishes for the restoration of peace, and his satisfaction that the king of Great Britain was disposed to treat with all the belligerent powers, and that he intended to make a direct acknowledgment and declaration of the independence of the United States of America, and that this point would no longer be a conditional article of a general pacification. That the king consents to adopt, according to the proposition of the king of England, the treaty of Paris for a basis of the negotiation, not as a confirmation of all its stipulations, but with exceptions and alterations respecting the East Indies, Africa, the fisheries of Newfoundland, and commercial regulations in Europe to mutual advantage. Restitution and compensation to be treated of, when the negotiation shall be established with respect to which the king will be governed by the principles of justice and moderation, which are the basis of his policy. If these overtures are agreeable to the king of England, his Majesty will explain himself precisely on the different points. His Majesty expects that his Britannick Majesty win make to all the belligerent powers and states, without delay, such overtures as he may think conducive to promote the negotiation as far as it respects their interests. That no doubt may be left with respect to his Majesty's sentiments, he declares anew, that he will neither treat nor terminate any negotiation, unless the interests of his allies and friends shall be conjunctly discussed and determined, or separately, according to


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the wishes of his Britannick Majesty and the allied and friendly powers of his Most Christian Majesty.

Such was the state of affairs on the 28th of June, at which time there appeared some obstructions to the negotiation, owing, as it was believed, to the misunderstanding which prevailed among the British ministers. Tergiversations were discovered on the part of the British negotiator. The bill authorising the king of England to treat with the colonies of America had not then passed. These uncertainties made it essential to guard against British emissaries on the continent of America; and to prevent with all care their admission; and to recommend the same measure to the several legislatures.

The minister finished the conference by informing the committee of the fortitude of the king on receiving the news of the action of the 12th of April. He immediately gave orders for constructing twelve ships of the line, the greater part of the first rate. The city of Paris and several other cities and corporations had offered some others, and it was expected that the king would, in the course of next campaign, have twenty new ships to oppose the enemy. His Majesty was resolved not to make the least alterations in his plans for the future negotiation; and he exhorted his allies to the same resolution and to the same exertions.

Ordered, That the foregoing communications be referred to a committee of five to report.

The committee--Mr. [James] Duane, Mr. [John] Rutledge, Mr. [Joseph] Montgomery, Mr. [James] Madison and Mr. [Daniel] Carroll.

Ordered, That a report of the Secretary at War and an Estimate of Cloathing necessary for the Oneida and other Tribes of Indians reported


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ported by the Commissioners for Indian Affairs Northern Department be referred to the Superintendent of Finance to take order.1

[Note 1: 1 This order was entered only in the journal kept by the Secretary of Congress for the Superintendent of Finance: Morris Papers, Congressional Proceedings.
On this, or a nearly approximating date, was read a letter of this date from Captain F. P. De La Plaigneurs. It was referred to the Secretary at War September 26. It is in the Papers of the Continental Congress, No. 78, VII, folio 453.
From this point the entries in the Public Journal are by George Bond.]

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