The Diplomatic Correspondence of the American Revolution, Vol. 06

by Unknown

I should have noted before, the various deliberations between the English gentlemen and us, relative to the words, "indefinite and exclusive right," which the Count de Vergennes and M. Gerard had the precaution to insert in our treaty with France. I observed often to the English gentlemen, that, aiming at excluding us from fishing upon the north side of Newfoundland, it was natural for them to wish that the English would exclude us from the south side. This would be making both alike, and take away an odious distinction. French statesmen must see the tendency of our fishermen being treated kindly and hospitably, like friends, by the English on their side of the Island, and unkindly, inhospitably, and like enemies, on the French. I added, further, that it was my opinion, neither our treaty with the French, nor any treaty or clause to the same purpose, which the English could make, would be punctually observed. Fishermen, both from England and America, would smuggle, especially the Americans, in the early part of the spring, before the Europeans could arrive. This, therefore, must be connived at by the French, or odious measures must be recurred to by them or us to suppress it, and, in either case, it was easy to see what would be the effect upon the American mind. They, no doubt, therefore, wished the English to put themselves upon as odious a footing at least as they had done.

Dr Franklin said, that there was great weight in this observation, and the Englishmen showed plainly enough that they felt it.

I have not attempted, in these notes, to do justice to the arguments of my colleagues; all of whom were throughout the whole business, when they attended, very attentive and very able, especially Mr Jay, to whom the French, if they knew as much of his negotiations as they do of mine, would very justly give the title, with which they have inconsiderately decorated me, that of "Le Washington de la négotiation," a very flattering compliment indeed, to which I have not a right; but sincerely think it belongs to Mr Jay.

Tuesday, December 3d.—Visited M. Brantzen, Hôtel de la Chine. M. Brantzen asked me, how we went on? I told him we had come to a full stop, by signing and sealing the preliminaries the 30th of November. I told him, that we had been very industrious, having been at it forenoon, afternoon, and evening, ever since my arrival, either with one another, or with the English gentlemen. He asked if it was definitive and separate? I said by no means. They were only articles to be inserted in the definitive treaty. He asked, if there was to be any truce or armistice in the mean time? I said again, by no means.

He then said, that he believed France and England had agreed too; that the Count de Vergennes' son was gone to England with M. de Rayneval; but he believed the Spaniards had not yet agreed, and the Dutch were yet a great way off, and had agreed upon nothing. They had had several conferences. At the first, he had informed Mr Fitzherbert, that their High Mightinesses insisted upon the freedom of navigation as a preliminary and a sine qua non. Mr Fitzherbert had communicated this to his Court, but the answer received was, that his Court did not approve of conceding this as a sine qua non, but chose to have all the demands of their High Mightinesses stated together. M. Brantzen answered, that his instructions were, not to enter into any conferences upon other points, until this was agreed. That it was the intention of the British Court to agree to this. That he could not consider any changes in the Ministry as making any alteration. They were all Ministers of the same King, and servants of the same nation. That Mr Fox, when he was Secretary of State, by his letter to the Russian Minister, had declared the intention of the King to consent to the freedom of navigation, &c.

M. Brantzen said, however, that he had in his private capacity and without compromising his ministerial character, entered into explanations with Mr Fitzherbert, and had told him that he should insist upon three points, the freedom of navigation, the restitution of territories in the East and West Indies, and compensation for damages. The two first points could not be disputed, and the third ought not be; for the war against them had been unjust, the pretences for it were groundless, their accession to the armed neutrality must now be admitted, even by Britain's accession to it, to have been an illegitimate cause of war, and the object of a treaty with America could not be seriously pretended to be a just cause of war; and many members of Parliament had in the time of it declared the war unjust, and some of those members were now Ministers; even the prime Minister, my Lord Shelburne himself, had freely declared the war unjust in the House of Peers; and if the war was unjust, the damages and injustice ought to be repaired.

Mr Fitzherbert said, that there was no precedent of compensation for damages in a treaty of peace. M. Brantzen begged his pardon, and thought there had been instances. One example in particular, which the English themselves had set against the Dutch, which just then came into his head. Cromwell had demanded compensation of them, and they had agreed, as now appears by the treaty, to pay a hundred thousand pounds sterling as a compensation.

M. Brantzen was not furnished with a full account of all the losses of individuals, and therefore could not precisely say what the amount would be. That perhaps they might not insist upon prompt payment, nor upon a stated sum, but might leave both the sum and time of payment to be ascertained by commissioners at their leisure after the peace.

I observed to him, that we intended to write to Mr Dana, and send him a copy of our preliminaries, that he might commence his negotiations with the neutral powers, and if he succeeded we could then make common cause with Holland, and insist on an article to secure the freedom of navigation. This idea he received with great pleasure, and said he would write about it to the States. Upon this I asked him, with whom he and the other Dutch Ministers abroad, held their correspondence? He answered, that the Secretary Fagel was properly speaking the Minister of Foreign Affairs. That their principal correspondence was with him; but that they had a correspondence with the Grand Pensionary Bleiswick too. That the letters received by the Secretary were laid before the Besogne Secrète, or Committee of Secresy. This committee consisted of so many members, one at least for each Province, that it was very difficult to keep anything secret. Foreign Ministers were very inquisitive, and the Duc de la Vauguyon would be likely to get at it. So that if they had any to write, which they wished secret, they wrote it to the Grand Pensionary, who is not obliged to lay before the States letters entire. He selects such parts as he judges proper, and prints them, to be taken ad referendum, and laid before the Regencies of the cities. That they had sometimes a little diffidence of this Court (quelque méfiance), for this Court was very fine (diablement fine), and when this happened, they wrote to the Grand Pensionary, that it might not be communicated to the French Minister, and consequently to his Court. "These people are vastly profound, They will not favor the Spaniards in obtaining the Floridas. They will play England against Spain, and Spain against England. England against you, and you against England, and all of you against us, and us against all of you, according to their own schemes and interests. They are closely buttoned up about Gibraltar, and as to Jamaica, they will not favor Spain in that view. I expect they will get their own affairs arranged, and then advise England to agree to the freedom of navigation and a restitution of territory, and then advise us to be very easy about compensation." Thus M. Brantzen.

I next visited Mr Jay, to talk about writing to Mr Dana, and communicating to the neutral powers the preliminary articles. Mr Jay says, that Mr Oswald is very anxious that his Court should do that, and he has been writing to the ministry to persuade them to it. Had a long conversation with Mr Jay about the manner of settling the western lands. This I cannot now detail.