On the second head, the committee were of opinion,

1. That the claim to Nova Scotia be given up, in lieu of the equal share in the Newfoundland fishery, or such share of the fishery, in lieu of Nova Scotia, if both could not be obtained.

2. In case neither of these could be obtained in lieu of the other, then, if the Bermuda islands could be obtained, the claim to Nova Stotia be ceded in lieu thereof.

3. That it might be stipulated, that the United States should not trade to the East Indies, or engage in the slave trade, if adequate compensation could be obtained.

4. The United States not to establish any settlement or dominion, beyond the limits of the states, as settled at the conclusion of the treaty of peace.

5. The Floridas, if ceded to the United States by Great Britain, might be ceded to Spain, for an adequate compensation. 6. A reciprocal guarantee of American possessions, which should remain to the respective powers, at the conclusion of peace.

The committee were opposed to a truce, but were of opinion, that during the negociations, a cessation of hostilities might be admitted, in case the force of the enemy should be withdrawn from every post and place within the limits of the United States.

With respect to terms, to which the Americans should ultimately agree in a treaty of peace with Great Britain, rather than continue the war, the members of congress were much divided. It was, indeed, a subject of greater magnitude, than had come before that body, since the declaration of independence. It created long and warm debates in the national legislature, and was not finally settled, until the 14th of August, 1779; and not until two months after Spain had declared war against Great Britain.

While this important subject was before congress, the French minister declared to that body, in a conference held in July, that he was authorized to inform them, that Great Britain had rejected with haughtiness the formal acknowledgment of the independence of the United States. He suggested, therefore, whether under these circumstances, they ought not to be satisfied VOL. II.

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with a tacit, instead of an express acknowledgment, agreeably to the alternative in the treaty. He also urged "the manifest and striking necessity of enabling Spain, by the determination of just and moderate terms, to press upon England with her good offices, in order that we may know whether we are to expect war or peace. This step," he added, " is looked upon in Europe, as immediately necessary. It was the proper object of the message I delivered in February last. I established then the strong reasons, which required, that, at the same time and without delay, proper terms should be offered to his catholic majesty, in order to reconcile him perfectly to the American interest. I did not conceal, that it was to be feared, that any condition inconsistent with the established form 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 from completing the intended triumvirate. No loss, no unhappy event," he subjoined, "could be so heavy on the alliance as this. Indeed, although the British forces were already kept in check by the combined efforts of France and America, it is nevertheless evident, that the accession of Spain can only 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 "moderate terms " mentioned by the French minister in this communication, referred to the claim of the United States to the western country and the navigation of the Mississippi. While the subject of instructions to the American minister was before congress, Mr. Gerard was strongly opposed to this claim, as being unfounded, and took measures to have it relinquished.

The instructions in relation to the terms of peace, ultimately adopted by congress, were,

"1. The United States are sincerely desirous of peace, and wish by every means, consistent with their dignity and safety, to * Secret Journals of Congress, vol. 2, pp. 199, 200, and Note 6.

spare the further effusion of blood. They have, therefore, by your commission and these instructions, labored to remove the obstacles to that event, before the enemy have evidenced their disposition for it. But as the great object of the present defensive war on the part of the allies, is to establish the independence of the United States, and as any treaty whereby this end cannot be obtained must be only ostensible and illusory, you are, therefore, to make it a preliminary article to any negociation, that Great Britain shall agree to treat with the United States as sovereign, free and independent.

"2. You shall take special care also, that the independence of the said states be effectually assured and confirmed by the treaty or treaties of peace, according to the form and effect of the treaty of alliance with his most christian majesty. And you shall not agree to such treaty or treaties, unless the same be thereby so assured and confirmed.

"3. The boundaries of these states are as follows, viz:-These states are bounded north, by a line to be drawn from the north west angle of Nova Scotia along the highlands which divide those rivers, which empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean, to the north westernmost head of Connecticut river; thence down along the middle of that river to the forty-fifth degree of north latitude; thence due west in the latitude of forty-five degrees north, from the equator to the north western-most side of the river St. Lawrence or Cataraqui; thence straight to the south end of Nipissing; and thence straight to the source of the river Mississippi: west, by a line to be drawn along the middle of the river Mississippi, from its source to where the said line shall intersect the thirty-first degree of north latitude: south, by a line to be drawn due east from the termination of the line last mentioned in the latitude of thirtyone degrees north from the equator to the middle of the river Appalachicola, or Catahouchi; thence along the middle thereof to its junction with the Flint river; thence straight to the head of St. Mary's river; and thence down along the middle of St. Ma

ry's river to the Atlantic ocean: and east, by a line to be drawn along the middle of St. John's river from its source to its mouth in the bay of Fundy, comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other part, shall respectively touch the bay of Fundy and Atlantic ocean. You are, therefore, strongly to contend that the whole of the said countries and islands lying within the boundaries aforesaid, and every citadel, fort, post, place, harbor, and road to them belonging, be absolutely evacuated by the land and sea forces of his Britannic majesty, and yielded to the powers of the states, to which they respectively belong, in such situation as they may be, at the termination of the war. But, notwithstanding the clear right of these states, and the importance of the object, yet they are so much influenced by the dictates of religion and humanity, and so desirous of complying with the earnest request of their allies, that if the line to be drawn from the mouth of the lake Nipissing to the head of the Mississippi cannot be obtained without continuing the war for that purpose, you are hereby empowered to agree to some other line between that point and the river Mississippi; provided the same shall in no part thereof be to the southward of latitude of forty-five degrees north. And in like manner, if the eastern boundary above described cannot be obtained, you are hereby empowered to agree, that the same shall be afterwards adjusted, by commissioners to be duly appointed for that purpose, according to such line as shall be by them settled and agreed on, as the boundary between that part of the state of Massachusetts Bay, formerly called the province of Maine, and the colony of Nova Scotia, agreeably to their respective rights. And you may also consent, that the enemy shall destroy such fortifications as they may have erected.

“4. Although it is of the utmost importance to the peace and commerce of the United States that Canada and Nova Scotia should be ceded, and more particularly, that their equal common right to the fisheries should be guarantied to them, yet a desire

of terminating the war has induced us not to make the acquisition of these objects an ultimatum on the present occasion.

"5. You are empowered to agree to a cessation of hostilities during the negociation; provided our ally shall consent to the same; and provided it shall be stipulated that all the forces of the enemy shall be immediately withdrawn from the United States.

6. In all other matters not abovementioned, you are to govern yourself by the alliance between his most christian majesty and these states; by the advice of your allies; by your knowledge of our interests; and by your own discretion, in which we repose the fullest confidence."*

In framing these instructions, the fisheries, the navigation of the Mississippi, and the boundaries, were the great subjects of division and debate in congress. On these questions, local feelings and interests had their influence. The states at the east, particularly Massachusetts, deemed it essential to their welfare, and almost to their existence, that a right to the fisheries, should at all events, be secured; while Virginia, and some of the states at the south, were equally desirous of securing the free navigation of the Mississippi. After various propositions on these subjects, a majority of the states rejected both as ultimata.

As to boundaries, the principal question was respecting the north line; and the ultimatum on this point, was finally limited to latitude forty-five.

Should peace be the result of the negociations under the mediation of Spain, it was deemed necessary, that the American minister should be prepared with instructions, on the subject of commercial arrangements with Great Britain. The state of Massachusetts here again pressed upon congress the importance of the fisheries, and urged, that no treaty of commerce, should be made with Great Britain, without some arrangement on her part, favorable to America, with respect to them. Though congress would not make this a sine qua non of peace; yet a majority of the states, resolved, that no treaty of commerce with Great Britain should receive their assent, without an explicit stip

* Secret Journals of Congress, vol. 2, pp. 225, 226, 227, and 228.