This negotiation was protracted to a considerable length; and in the mean time, all the address of the cabinet of London was used to detach either France or the United States from their alliance with each other. Notice of it was given to the American government by the minister of France at Philadelphia, as well as by Mr. Arthur Lee, one of their agents in Europe; and congress was repeatedly urged by the former, to furnish those who might be authorized to represent them in the conferences for a general treaty, with ample powers and instructions to conclude it. An extraordinary degree of solicitude was manifested to hasten the full powers, and to moderate the claims of the United States.

It seems to have been the policy of the cabinet of Versailles to exclude the American States from a share of the fisheries, and to limit their western boundary to the settlements then made. Either from a real apprehension that the war might be protracted should the United States insist on the acknowledgment of their independence as a preliminary to any treaty, or from an opinion that such preliminary acknowledgment would leave the terms of the treaty less under the control of France, and the American plenipotentiaries more masters of their own conduct, Monsieur Girard laboured to persuade congress to recede from that demand. If they could be independent in fact, he thought the form not worth contending for.[21]

While congress was employed in debating the instructions to their ministers, the negotiation was brought to a close. As Spain became prepared for hostilities, the offered mediation was pressed in such terms as to produce the necessity of either accepting or rejecting it. This drew from the cabinet of London a declaration that the independence of the United States was inadmissible; upon which his Catholic Majesty determined to take part in the war.

War between Spain and England.

On the departure of his minister from London without taking leave, the British government issued letters of marque and reprisal against the vessels and subjects of the Spanish crown; and a powerful Spanish fleet, which had been preparing during the negotiation, was expedited, to co-operate with that of France. Yet the independence of the United States was not acknowledged, nor was their minister accredited. Despatches, giving notice of the hostilities meditated by his Catholic Majesty, were forwarded to Don Galvez, the governor of Louisiana, who collected a considerable military force at New Orleans, and reduced the settlements held by the British crown on the Mississippi, which had not been apprised of the war.

Intelligence of this important event was given to congress while that body was deliberating on the instructions to their negotiators. It is not impossible that this information had some influence on those deliberations; and, rendering the American government less solicitous about the future conduct of Spain, diminished the motives for making territorial sacrifices to that power. Their ministers were ordered to make it a preliminary article to any negotiation, that Great Britain should agree to treat with the United States, as sovereign, free, and independent; and that their independence should be expressly assured and confirmed by the terms of the treaty itself.

That the United States might be enabled to avail themselves without further delays, of any occasion which might be presented for terminating the war, Mr. John Adams, who was already in Europe, was authorized to negotiate a treaty of peace, and a commercial treaty with Great Britain; and Mr. Jay, at that time president of congress, was appointed minister plenipotentiary to the court of Madrid, with instructions to insist on the free navigation of the Mississippi;—a claim to which Spain objected, and which was discountenanced by France.

As the campaign drew to a close without affording any solid foundation for the hope that the war was about to terminate, General Washington repeated those efforts which he had made so often and so unsuccessfully, to induce early preparations for the ensuing year. He submitted to the view of his government a detailed report of the whole army, which exhibited the alarming fact, that by the last of the following June, the terms of service of nearly one-half the men under his command would expire.

It was not the least considerable of the inconveniences attending the complex system of government then prevailing in the United States, that measures essential to the safety of the nation were never taken in season. Thus, when the time for raising the quotas of the respective states by voluntary enlistment had passed away, and the necessity of resorting to coercive means had become absolute, those means were so delayed, and so irregularly put in execution, that the terms of service of different portions of the army expired almost every month in the year; and raw troops, ignorant of the first rudiments of military duty, were introduced in the most critical moments of a campaign. Had timely and correspondent measures been taken by the states to raise their respective quotas by a specified time in the depth of winter, the recruits would have received the advantage of a few months training before they were brought into actual service, and the General, that of a certain uninterrupted force for each campaign. This course of proceeding had been continually recommended, and the recommendation had been as continually neglected.

Letter from General Washington to Congress.