Matters remained in a fluctuating state until December, 1777. Privately encouraged, but discountenanced publicly, the prospects of the American Ministers varied according to the complexion of American affairs.
Intelligence of the convention of Saratoga reached France early in December, 1777. The American deputies took that opportunity to press the treaty which had been under consideration for the preceding twelve months; and to urge the importance, at this juncture, when Britain would, most probably, make proposals for an accommodation,[102] of communicating to congress, precisely, what was to be expected from France and Spain.
They were informed by M. Girard, one of the secretaries of the king's council of state, that it was determined to acknowledge the independence of the United States, and to make a treaty with them. That his Most Christian Majesty was resolved not only to acknowledge, but to support their independence. That in doing this, he might probably soon be engaged in a war; yet he should not expect any compensation from the United States on that account; nor was it pretended that he acted wholly for their sakes; since, besides his real good will to them, it was manifestly the interest of France that the power of England should be diminished by the separation of her colonies. The only condition he should require would be that the United States, in no peace to be made, should give up their independence, and return to their obedience to the British government.
On determining to take this decisive course, the cabinet of Versailles had despatched a courier to his Catholic majesty with information of the line of conduct about to be pursued by France. On his return, the negotiation was taken up in earnest, and a treaty of friendship and commerce was soon concluded. This was accompanied by a treaty of alliance eventual and defensive between the two nations, in which it was declared, that if war should break out between France and England during the existence of that with the United States, it should be made a common cause; and that neither of the contracting parties should conclude either truce or peace with Great Britain without the formal consent of the other, first obtained; and they mutually engaged "not to lay down their arms until the independence of the United States shall have been formally, or tacitly assured by the treaty, or treaties that shall terminate the war."
It was the wish of the ministers of the United States to engage France immediately in the war; and to make the alliance, not eventual, but positive. This proposition, however, was rejected.
In a few weeks after the conclusion of these negotiations, the Marquis de Noailles announced officially to the court of London, the treaty of friendship and commerce France had formed with the United States. The British government, considering this notification as a declaration of war, published a memorial for the purpose of justifying to all Europe the hostilities it had determined to commence.
Soon after their commencement, the Count de Vergennes received private intelligence that it was contemplated in the cabinet of London to offer to the United States an acknowledgment of their independence as the condition of a separate peace. He immediately communicated this intelligence to the American ministers, requesting them to lose no time in stating to congress that, though war was not declared in form, it had commenced in fact; and that he considered the obligations of the treaty of alliance as in full force; consequently that neither party was now at liberty to make a separate peace. Instructions of a similar import were given to the minister of France in the United States.
Information received of treaties of alliance and commerce being entered into between France and the United States.
The despatches containing these treaties were received by the president on Saturday the second of May, after congress had adjourned. That body was immediately convened, the despatches were opened, and their joyful contents communicated.
In the exultation of the moment, the treaty of alliance, as well as that of commerce and friendship was published; a circumstance which, not without reason, gave umbrage to the cabinet of Versailles; because that treaty, being only eventual, ought not to have been communicated to the public but by mutual consent.