there shall be a suspension of arms with France, without limitation, and under this condition-that neither of the belligerent powers shall break it without giving the other one year's previous notice. That with a view that this suspension of hostilities may re-establish reciprocal security and good faith between the two crowns, there shall be a general disarming within one month, in all the European; within four, in those of America; and within eight or one year, in the most remote parts of Africa and Asia. That in the space of one month a place shall be fixed upon, in which the plenipotentiaries of the two courts shall meet to treat of a definitive adjustment of peace, regulate the respective restitutions or compensations necessary in consequence of the reprisals that have been made without any declaration of war, and to settle such matters of complaint or pretensions, as the one crown may have against the other; to the accomplishment of which end, the king will continue his mediation; and does now, for the holding of this congress, make an offer of the city of Madrid. That a like suspension of hostilities shall be separately granted by the king of Great Britain to the American colonies, through the intercession and mediation of his catholic majesty, to whom the king of Great Britain shall promise the observance thereof, and with the condition not to break it, without giving his majesty one year's previous notice, in order that he may communicate the same to the said American provinces: and that there be a reciprocal disarming, the same as with France, in the same time and places, regulating the limits that shall not be passed by the one or the other party, with respect to the places they respectively occupy at the time of ratifying this arrangement. That for the purpose of settling these particulars and others relative to the stability of the said suspension, and the effects it may produce while it subsists, there shall be sent to Madrid one or more commissaries on behalf of the colonies; and his Britannic majesty shall also send his, under the mediation of the king, if necessary; and that in the mean time, the colonies shall be treated as independent in fact.

“Finally, in case all the belligerent powers, or any one of them, or if only the said colonies demand that the treaties or agree

ments, which shall be concluded, be guarantied by these powers and by Spain, the same shall be done. And the catholic king now makes an offer of his guarantee to these preliminaries."

The answer of the court of London, to this ultimatum, dated May 4th, 1779, was, that "the propositions of the catholic king tend directly to the end which Spain had proposed to form, from the pretensions of the colonies to independence, one common cause with them and with France. If the conditions which the court of Versailles had communicated to his catholic majesty, do not present a better aspect than this for the treaty, or do not offer less imperious and less unequal terms, the king of Great Britain has only to lament that he finds the hopes frustrated, which he had always conceived, of a happy restoration of peace, as well for his own subjects, as the world in general.”*

As the court of London had previously informed his catholic majesty, that, in the proposed negociations, France would not be permitted to mingle, " the interests of those, she affected to call her allies;" the answer to these final propositions must have been anticipated by the Spanish court. The receipt of this answer was, therefore, followed by a note bearing date the 16th of June, 1779, from the Spanish ambassador, to the British secretary of state, amounting to a declaration of war; and in two days after, orders for reprisals were issued by the British king. This declaration of war by Spain, was in consequence of a secret treaty between his catholic majesty and the king of France, concluded on the 12th of April preceding.

This treaty has never been published, and its terms are not precisely known. There can be little doubt, that it was a renewal of the family compact; and in all probability contained, also, assurances of aid, on the part of France, in securing to Spain her American possessions.

Manifestoes were soon issued by the courts of France and Spain, in vindication of their conduct, in relation to the Amerieans. These were soon followed by a justifying memorial, on

* Secret Journals of Congress, vol. 2, pp. 301, 302, 303.

the part of Great Britain.* Alluding to the secret manner, in which France had encouraged the Americans, the British king says “as soon as the revolted colonies had completed their criminal enterprize, by an open declaration of their pretended independence, they thought to form secret connections with the powers least favorable to the interests of their mother country; and to draw from Europe those military aids, without which it would have been impossible for them to have supported the war they had undertaken. Their agents endeavored to penetrate into, and settle in the different states of Europe; but it was only in France, that they found an asylum, hopes, and assistance. It is beneath the king's dignity to enquire into the nature of the correspondence, that they had the address to contract with the court of Versailles, and of which the public effects were soon visible, in the general liberty, or rather unbounded licence of an illegitimate commerce. It is well known, that the vigilance of the laws cannot always prevent artful illicit traders, who appear under a thousand different forms, and whose avidity for gain makes them brave every danger, and elude every precaution: but the conduct of the French merchants, who furnished America not only with useful and necessary merchandize, but even with salt-petre, gunpowder, ammunition, arms, and artillery, loudly declared, that they were assured, not only of impunity, but even of the protection and favor of the ministers of the court of Versailles.

"An enterprise so vain and so difficult, as that of hiding from the eyes of Great Britain, and of all Europe, the proceedings of a commercial company, associated for furnishing the Americans with whatever could nourish and maintain the fire of a revolt, was not attempted. The informed public named the chief of the enterprise, whose house was established at Paris; his correspondents at Dunkirk, Nanzt, and Bourdeaux, were equally known. The immense magazines, which they formed, and which they replenished every day, were laden in ships that they built or bought, and they scarcely dissembled the objects, or the place of their

* This memorial was drawn by Gibbon, the historian, then one of the board of trade. 10

VOL. II.

destination. These vessels commonly took false clearances for the French islands in America, but the commodities which composed their cargoes were sufficient, before the time of their sailing, to discover the fraud and artifice."*

In the "observations" on this memorial, published by order of the French court, it is said, in answer to this part"It is true, that the king of France hath promised to forbid arms to be exported to America, and they were actually forbidden; and whatsoever the English ministry may say, that trade was hindered as much as possible, without attacking the liberty of citizens; and without subjecting commerce to an inquisition, which is used in no corner of the globe, and with which the English themselves would have reproached us, as an act of unsufferable despotism."

While negociations, in consequence of the offered mediation, were pending, Great Britain attempted to detach the Americans from their alliance with France. For this purpose, Mr. Hartley, in the winter of 1779, with the privity of lord North, went to Paris, to confer with Dr. Franklin.

The great object of this conference, so far at least, as the British minister was concerned, was, to obtain from the Americans or from Dr. Franklin, some proposition, as the ground of reconciliation; particularly an offer, on the part of the United States to abandon France, and make a separate treaty of peace.

With this view, on the 22d of April, 1779, Mr. Hartley, submitted to Dr. Franklin certain preliminary propositions, which might, as he said, lead to a permanent settlement of all differ

ences.

These propositions were

"1. Five commissioners, (or any three of them,) to be appointed, on the part of his Britannic majesty, to treat, consult, and agree upon the final settlement and pacification of the present troubles, upon safe, honorable, and permanent terms, subject to ratification by parliament.

"2. That any one of the aforesaid commissioners may be empowered to agree, as a preliminary, to a suspension of hostilities by sea and land, for a certain term of five or seven years.

"3. That any one of the aforesaid commissioners be empowered, as a second preliminary, to suspend the operation and effect of any and all acts of parliament respecting America, for a certain term of five or seven years.

"4. That it is expected, as a third preliminary, that America should be released, free, and unengaged, from any treaties with foreign powers, which may tend to embarrass or defeat the present proposed negociation.

"5. That a general treaty for negociation shall be set on foot, as soon as may be, after the agreement of the foregoing preliminaries."

A dissolution of the connection between America and France, a connection, which, as Mr. Hartley explicitly told Dr. Franklin, was "the great stumbling block, in the way of reconciliation," was the great object of these propositions. The British cabinet hoped, by an offer, on the part of America or her minister of treating separately, to create a jealousy and distrust on the part of France. Dr. Franklin, was too wise and circumspect, as well as too honest and honorable, to listen for a moment to a proposition of this kind.

In communicating these preliminaries, Mr. Hartley said to Dr. Franklin, "I think the interest of all parties coincides with the proposition of preliminaries. The proposed preliminaries appear to me to be just and equitable to all parties; but the great object with me is to come to some preliminaries; I could almost add whatever those preliminaries might be, provided a suspension of arms for an adequate term of years were one, I think it would be ten thousand to one against any future renewal of the war. It is not necessary to enter at large into the reasons which induce me to think, that the British ministry, as well as the American plenipotentiary, would consent to the tern.s of the proposed prelimin aries; for indeed I do not know that I am founded in that opinion with respect to either, but still I believe it of both. But what