The Diplomatic Correspondence of the American Revolution, Vol. 02

by Unknown

Paris, May 18th, 1778.

Dear Sir,

The fifth article of the treaty of alliance has given me a great deal of uneasiness, as it seems to have been intended to exclude the United States of America from possessing themselves of the two Floridas. The article is as follows. “If the United States should think fit to attempt the reduction of the British power remaining in the northern parts of America, or the Islands of Bermudas, those countries or islands, in case of success, shall be confederated with or dependant upon the said United States.” I had the honor of stating my apprehensions to you and the other Commissioners at Passy, on the 3d instant.

Dr Franklin did not think they were well founded, nor that any such construction could possibly be put upon the article. North America, he said, strictly speaking, comprised all parts of the Continent north of the Equator, and the Floridas being in the latitude of thirty degrees north, would be comprehended within the meaning of the words “northern parts of America.” I thought it would be best to put it out of all doubt by getting that explanation of the words under the hands of the French Ministry, especially as they would at least admit of dispute, and might in future produce disagreeable consequences. Dr Franklin said, that Congress had given some instructions respecting the cession of part of Florida to Spain, and objected to making any application on the subject to the French Ministry, as it might be taken ill, and added, if my apprehensions were ever so just, it was too late for any remedy in France, but that the Commissioner for the Court of Madrid might guard against any bad consequences in the treaty, which he had to conclude with that Court.

The resolution of Congress of the 30th of December, 1776, to which Dr Franklin alluded, extends only to the town and harbor of Pensacola, and circumstances are much changed in America since that resolution was made. It declares, “that if His Catholic Majesty will join with the United States in a war against Great Britain, they will assist in reducing to the possession of Spain, the town and harbor of Pensacola.” Had Spain complied with the request, had she stood forth our friend in the day of distress, the offer made by Congress might with propriety have been claimed. She did not declare war against Great Britain, and I do not know, that she has done anything yet to entitle her to any great share of our regard. It appeared to me, that if the French Ministry understood the words, as explained by Dr Franklin, they could not take it ill, that such an explanation should be required of them, but if they intended to have them understood as I feared they did, this was the proper place to have the doubts cleared up. If the words were meant to exclude the United States of America from the acquisition of the Floridas, it must have been intended for the benefit of Spain, and therefore the less likely was it to obtain any satisfaction from that quarter.

North America, strictly speaking, according to Dr Franklin, comprises all parts of the Continent north of the Equator. By the same rule it may be said to extend to the ninetieth degree of latitude. Considered in this point of view, no parts to the southward of fortyfive degrees can with propriety be called the northern parts of America. But the article seems to have no relation to so extensive a signification, and expresses the intentions of the framers of it very clearly. “If the United States should think fit to attempt the reduction of,” not the northern parts of America, but “the British power remaining in the northern parts of America.” This power, without taking notice of an inconsiderable settlement on the Mosquito shore, or of Hudson’s Bay, may be said to have extended from the most southern point of Florida to the most northern part of Canada, and I am of opinion, that the United States of America will not be satisfied if any attempts are made to circumscribe their possessions within narrower limits.

The 9th article of the original treaty approved of by Congress in September, 1776, and transmitted by them to the Commissioners at this Court, not only confirms me in this opinion, but throws great light upon the intentions of the French Ministry. It is as follows; “The Most Christian King shall never invade, nor under any pretence attempt to possess himself of Labrador, New Britain, Nova Scotia, Acadia, Florida, nor any of the countries, cities, or towns on the Continent of North America; nor of any of the Islands of Newfoundland, Cape Breton, St Johns, Anticosti, nor any other island lying near to the said Continent in the seas, or in any gulf, bay, or river, it being the true intent and meaning of this treaty, that the said United States shall have the sole, exclusive, undivided, and perpetual possession of all the countries, cities, and towns on said continent, and of all islands near to it, which now are, or lately were under the jurisdiction of, or subject to the King or Crown of Great Britain, whenever they shall be united or confederated with the said United States.” These words admit of no mistake, no hidden meaning is concealed under them, nor could there be any possibility of contentions respecting the countries therein described, had they been inserted in the treaty.

With all due deference to Dr Franklin, I cannot help declaring, that I am firmly persuaded that the Court of France would not have substituted the 5th article in the place of the above, if they had not had some designs contrary to the intentions of Congress, so clearly expressed in their 9th article. His Most Christian Majesty, in the 11th article of the Treaty of Alliance, does not guaranty generally to the United States their possessions, and the additions or conquests that their confederation may obtain during the war, from any of the dominions now, or heretofore possessed by Great Britain in North America, but stipulates that the guaranty shall only be conformable to the 5th and 6th articles. The latter of these contains nothing but a renunciation on the part of France of the Islands of the Bermudas, and of the whole continent of North America. As France does not pretend to any claim upon the Floridas, this renunciation can in no respect affect those Provinces. Spain, who was at the peace in 1763 obliged to cede them to Great Britain, may be desirous of resuming them, and the 5th article in the Treaty of Alliance seems to lay the foundation of such a claim. Should that event ever take place, it would prove extremely prejudicial to the interests of the United States in general, but particularly to those of the South. Spain would by that means have a direct communication with the Indians on our frontiers, and have it in her power to disturb our settlements whenever she pleased.

Lieutenant Governor Moultrie, in his letter from Augustine, of the 4th of October, 1775, to General Grant, which was intercepted and published by Congress, among other reasons why General Gage should protect Florida, gives the following; “Consider, says he, that this is the best and only immediate communication between Great Britain and our red brothers,” the Indians. What a horrid use our enemies have made of this communication, you are well acquainted with. Florida was never of any advantage to Spain when in her possession, nor is it probable it ever would be, were it so again; but it will be of the greatest importance to the States of America, on account of security, which in all negotiations has been thought a sufficient reason for a claim, though no right existed, which is not the case in the present instance. In the 11th article, France guaranties to the United States, “their possessions and the additions or conquests, that their confederation may obtain during the war from any of the dominions now, or heretofore possessed by Great Britain in North America, conformable to the 5th and 6th articles.” In the 6th article, I observe, that “The Most Christian King renounces forever the possession of the Islands of Bermudas, as well as of any part of the continent of North America.” Nothing is said about Newfoundland, St Johns, Cape Breton, and the other islands on our coasts. Were they understood to be included in the renunciation and guarantee? Congress, in their original treaty, did not choose to trust to any future constructions, but mentioned each of these islands particularly by name. Whatever power may be in possession of them will in a great measure command the fishery.

This is a matter of great consequence, but, however just my apprehensions may be on this point also, I fear it is now too late to receive any satisfactory explanation respecting it at this Court, and we must again turn eyes towards you for relief. If the Court of Madrid could be prevailed upon to guaranty the Floridas, and these islands also to the United States, you would render an essential service to your country. I have upon many occasions experienced, that whenever her welfare has stood in need of your exertions, you have been ready to afford them, and, therefore, I cannot doubt but you will also do it in the business, which I have just laid before you.