"That in case congress were disposed to treat, many things which they had not as yet asked, might, and ought to be granted them; and that if, upon the conference, they found any probable ground of an accommodation, the authority of congress must be afterwards acknowledged—otherwise the compact would not be complete."
This proposition was not without its embarrassments. Its rejection would give some countenance to the opinion, that, if independence were waved, a restoration of the ancient connexion between the two countries, on principles formerly deemed constitutional, was still practicable; an opinion which would have an unfavourable effect on the public sentiment. On the other hand, to enter into a negotiation under such circumstances, might excite a suspicion, that their determination to maintain the independence they had declared, was not immoveable; and that things were in such a situation, as to admit of some relaxation in the measures necessary for the defence of the country.
The answer given to Lord Howe, through General Sullivan, was, "that congress, being the representatives of the free and independent States of America, can not, with propriety, send any of its members to confer with his Lordship in their private characters; but that, ever desirous of establishing peace on reasonable terms, they will send a committee of their body to know whether he has any authority to treat with persons authorized by congress for that purpose, on behalf of America; and what that authority is;—and to hear such propositions as he shall think proper to make, respecting the same."
The President was, at the same time, directed to communicate to General Washington the opinion of congress, that no propositions for making peace "ought to be received or attended to, unless the same be made in writing, and addressed to the representatives of the United States in congress, or persons authorized by them: And if applications on that subject be made to him by any of the commanders of the British forces, that he inform them, that these United States, who entered into the war only for the defence of their lives and liberties, will cheerfully agree to peace on reasonable terms, whenever such shall be proposed to them in manner aforesaid."
It is worthy of remark, that, in these resolutions, congress preserves the appearance of insisting on the independence of the United States, without declaring it to be the indispensable condition of peace.
Mr. Franklin, Mr. John Adams, and Mr. Edward Rutledge, all zealous supporters of independence, were appointed "to receive the communications of Lord Howe."
They waited on his Lordship; and, on their return, reported, that he had received them on the 11th of September, on Staten Island, opposite to Amboy, with great politeness.
He opened the conversation by acquainting them, that though he could not treat with them as a committee of congress, yet, as his powers enabled him to confer and consult with any private gentlemen of influence in the colonies, on the means of restoring peace between the two countries, he was glad of this opportunity of conferring with them on that subject; if they thought themselves at liberty to enter into a conference with him in that character. The committee observed to his Lordship, that, as their business was to hear, he might consider them in what light he pleased, and communicate to them any propositions he might be authorized to make for the purpose mentioned; but that they could consider themselves in no other character than that in which they were placed by order of congress. His Lordship then proceeded to open his views at some length. He offered peace only on the condition that the colonies should return to their allegiance and obedience to the British crown. He made no explicit propositions as inducements to this measure, but gave assurances that there was a good disposition in the king and his ministers to make the government easy to them, with intimations that, in case of submission, the offensive acts of parliament would be revised, and the instructions to the Governors reconsidered; so that, if any just causes of complaint were found in the acts, or any errors in government were found to have crept into the instructions, they might be amended or withdrawn.
The committee gave it as their opinion to his Lordship, that a return to the domination of Great Britain was not now to be expected. They mentioned the repeated humble petitions of the colonies to the king and parliament, which had been treated with contempt, and answered only by additional injuries; the unexampled patience which had been shown under their tyrannical government; and that it was not until the late act of parliament, which denounced war against them, and put them out of the king's protection, that they declared their independence; that this declaration had been called for by the people of the colonies in general, and that every colony had approved it when made,—and all now considered themselves as independent states, and were settling, or had settled, their governments accordingly; so that it was not in the power of congress to agree for them that they should return to their former dependent state; that there was no doubt of their inclination for peace, and their willingness to enter into a treaty with Britain, that might be advantageous to both countries; that though his Lordship had, at present, no power to treat with them as independent states, he might, if there was the same good disposition in Britain, much sooner obtain fresh powers from his government, for that purpose, than powers could be obtained by congress, from the several colonies, to consent to a submission.
His Lordship then expressed his regret that no accommodation was like to take place, and put an end to the conference.