"As Congress have no doubts of their own independence, they cannot with propriety sanctify the doubts of others, and, therefore, cannot admit the sufficiency or decency of any commission that contains them.
"It being well known, that the United States have vested in Congress the exclusive right to make peace, this commission, by authorising Mr Oswald to treat with them separately, and even with parts of them, and with any person or persons whatsoever, offers such open and direct violence to the honor and prerogatives of Congress, as to be better calculated to excite their resentment than their acquiescence. Nor can we conceive it very decent in Great Britain to expect that Congress, after having so long firmly and uniformly maintained the rights of independence, should now consent to deviate from that character by negotiating with her for peace, in any other capacity than the one in which they have carried on the war with her.
"It seems agreed on all hands, that the commission does not acknowledge us to be independent, and though the King of Great Britain consents to make it the first article of the proposed treaty, yet, as neither the first nor the last article of the treaty can be of validity till the conclusion of it, can it be reasonably expected, that we should consent to be viewed during all that interval as British subjects, there being no middle capacity or character between subjection and independence? Neither Congress nor their servants, if so inclined, have a right to suspend the independence of the United States for a single moment, nor can the States themselves adopt such a measure, while they remember the solemn manner in which they pledged to each other their lives, their fortunes, and their sacred honor, to support their independence.
"It gives us pleasure to find that these inferences and conclusions from the general nature and rights of independence, stand confirmed by the express acts and declarations of Congress on the subject, and in whatever view these acts may be regarded by others, they must be considered as authoritative by their servants.
"So early as the 17th of July, 1776, Congress resolved, 'that General Washington, in refusing to receive a letter said to be sent by Lord Howe, addressed to "George Washington, Esq." acted with a dignity becoming his station, and, therefore, that this Congress do highly approve the same, and do direct that no letter or message be received on any occasion whatever from the enemy by the Commander in Chief, or others, the commanders of the American army, but such as shall be directed to them in the characters they respectively sustain.'
"We conceive that the reason of this resolution extends with at least equal force to civil officers, and particularly to Commissioners appointed to treat of peace with Great Britain.
"On the 5th of September, 1776, Congress resolved, 'that General Sullivan be requested to inform Lord Howe, that this Congress, being the representatives of the free and independent States of America, cannot 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 authorised by them for that purpose in behalf of America, and what that authority is; and to hear such propositions as he shall think fit to make respecting the same; that the President write to General Washington and acquaint him, that it is the opinion of Congress, no proposals for making peace between Great Britain and the United States of America ought to be received or attended to, unless the same be made in writing, and addressed to the representatives of the said States in Congress, or persons authorised by them, and if application be made to him by any of the commanders of the British forces on that subject, 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.'
"These resolutions were passed at a time when the United States had formed no alliances, and when a formidable and hostile army had just arrived to invade their country. If such, therefore, were their sentiments, and such their resolutions at so early, so dangerous, and doubtful a period, there certainly is reason to presume, that the fortitude which influenced them has not been abated by the present aspect of their affairs.
"On the 22d of November, 1777, Congress resolved, 'that all proposals of a treaty between the King of Great Britain or any of his Commissioners and the United States, inconsistent with the independence of the said States, or with such treaties or alliances as may be formed under their authority, will be rejected by Congress.'
"We cannot consider the present proposals to treat with us in a character below independence to be consistent with it.