This important subject was before congress from February until August, 1779, when it was settled. The northern states insisted on securing the fisheries, as they had formerly used them; while those at the south, were equally solicitous to preserve the free navigation of the Mississippi. On these two questions the states were about equally divided, and in the result neither was made an ultimatum. The only points on which the American negotiator was ultimately to insist, were, that Great Britain should treat with the United States as sovereign and independent, and that their independence be assured and confirmed, agreeably to the treaty of alliance with France. As to boundaries, those pointed out by the instructions were nearly the same as those finally established, except that the northern line was to run from latitude forty-five degrees, on the St. Lawrence, to the south end of Cape Nepissing, thence to the source of the Mississippi. With respect to this line, however, congress say, "but, notwithstanding the clear right of these states, and the importance of the object, yet they are so much influenced by the dictates of religion and humanity, and so desirous of complying with the earnest request of their allies, that, if the line to be drawn from the mouth of the Lake Nepissing to the head of the Mississippi, cannot be obtained without continuing the war for that purpose, you are hereby empowered to agree to some other line, between that point and the Mississippi; provided the same shall, in no part thereof, be to the southward of latitude fortyfive degrees north." (Vol. ii. pages 225 to 228.) In the event of peace, a commercial treaty with Great Britain, was contemplated by congress. In framing instructions to their minister on this subject, Massachusetts again insisted on securing the fisheries. A majority of the states finally instructed their minister, "not to consent to any treaty of commerce with Great Britain, without an explicit stipulation, on her part, not to molest or disturb the inhabitants of the United States of America, in taking fish on the banks of Newfoundland, and other fisheries in the American seas any where; excepting within the distance of three leagues of the shores of the territories remaining to Great Britain at the close of the war, if a nearer distance cannot be obtained by negotiation." At the same time, congress declared, that if, after a treaty of peace with Great Britain, she should molest the citizens of the United States, in taking fish in the places mentioned in the instructions, such molestation being a violation and breach of the peace, should be a common cause of the states, and that the force of the Union should be exerted to obtain redress. They also pledged their faith to the several states, "that without their unanimous consent, no treaty of commerce should be entered into, nor any trade or commerce carried on with Great Britain, without such an explicit stipulation as was mentioned in the instructions." The rupture between Great Britain and Spain, prevented any proceedings under these instructions. The subject of peace came again under the consideration of congress, in consequence of an offer of mediation between the belligerant powers in Europe, made by the empress of Russia and the emperor of Germany, in the latter part of the year 1780. Congress were officially informed of this, in a memorial presented by the French minister in May, 1781, in which he says "It is of great importance, that this assembly should give their plenipotentiary instructions proper to announce their disposition to peace, and their moderation, and to convince the powers of Europe, that the independence of the thirteen United States, and the engagements they have contracted with the king, are the sole motives which determine them to continue the war; and that whenever they shall have full and satisfactory assurances on these capital points, they will be ready to conclude peace. The manner of conducting the negotiation, the extent of the powers of the American plenipotentiary, the use to be made of them, and the confidence that ought to be reposed in the French plenipotentiaries, and the king's ministers, are points which should be fully discussed with a committee." In pursuance of this suggestion, a committee was appointed to receive the communication of the French minister, on the points to which he referred. A report of this committee, which will be found in the second volume, from page 415 to 423, discloses not only the displeasure of Vergennes, at the conduct of the American negotiator, appointed under the Spanish mediation, but the wishes of that minister to be himself master of the terms of peace. The following extract from this report, seems to develop the views of the French court on these subjects. "The minister communicated to them several observations respecting the conduct of Mr. Adams; and in doing justice to his patriotic character, he gave notice to the committee of several circumstances, which proved it necessary that congress should draw a line of conduct for that minister, of which he might not be allowed to lose sight. The minister dwelt especially on a circumstance already known to congress, namely, the use which Mr. Adams thought he had a right to make of his powers to treat with Great Britain. The minister concluded on this subject, that, if congress put any confidence in the king's friendship and benevolence; if they were persuaded of his inviolable attachment to the principle of the alliance, and of his firm resolution constantly to support the cause of the United States, they would be impressed with the necessity of prescribing to their plenipotentiary, a perfect and open confidence in the king; and would direct him to take no step without the approbation of his majesty; and after giving him, in his instructions, the principal and most important outlines of his conduct, they would order him, with respect to the manner of carrying them into execution, to receive his instructions from the count de Vergennes, or from the person who might be charged with the negotiation, in the name of the king." Mr. Adams was, no doubt, too independent in his conduct for the French minister; but there were other reasons, why the latter wished to have the terms of peace in his control. On this report, the subject of instructions, as to the terms of peace, came before congress, and the states were again divided on the questions of boundaries and the fisheries. On the 15th of June, 1781, after having associated Dr. Franklin, Mr. Jay, Mr. Laurens, and Mr. Jefferson with Mr. Adams, congress agreed to give them the following instruc tions: "You are hereby authorized to concur, in behalf of the United States, with his Most Christian Majesty, in accepting the mediation proposed by the empress of Russia, and the emperor of Germany. You are to accede to no treaty of peace, which shall not be such as may First. Effectually secure the independence and sovereignty of the thirteen United States, according to the form and effect of the treaties subsisting between the said states and his Most Christian Majesty. Second. In which the treaties shall be left in their full force and validity. As to disputed boundaries, and other particulars, we refer you to the instructions given to Mr. Adams, dated August 14th, 1779, and 18th of October, 1780, from which you will readily perceive the desires and expectations of congress; but we think it unsafe, at this distance, to tie you up by absolute and peremptory directions, upon any other subject than the two essential articles above mentioned. You are, therefore, at liberty to secure the interest of the United States, in such manner as circumstances may direct, and as the state of the belligerant, and disposition of the mediate powers may require. For this purpose, you are to make the most candid and confidential communications, upon all subjects, to the minister of our generous ally, the king of France; to undertake nothing, in the negotiations for peace or truce, without their knowledge and concurrence; and ultimately to govern yourselves by their advice and opinion, endeavouring in your whole conduct, to make them sensible how much we rely on his majesty's influence, for effectual support in every thing that may be necessary to the perfect security, or future prosperity of the United States of America. If a difficulty should arise in the course of the negotiations for peace, from the backwardness of Britain to make a formal acknowledgment of our independence, you are at liberty to agree to a truce, or to make such other concessions as may not affect the substance of what we contend for; and provided that Great Britain be not left in possession of any part of the thirteen United States." Vol. ii. pages 445, 446. The object of Vergennes, one of the most experienced and able statesmen in Europe, was, that the terms of peace should be left to the discretion of the American negotiators, and that this discretion should be at his control; and this object was accomplished through the influence of the French envoy in the United States. The journals before us show, that the instructions were, at first, adopted by congress without the words, "and ultimately to govern yourselves by their advice and opinion." Being confidentially communicated to the French minister by a committee appointed for that purpose, these words were reported by them, as proper to be inserted by way of amendment, and they were adopted by a majority of congress. The states of Massachusetts, Rhode Island, Connecticut, and Delaware, however, voted against the amendment, and Pennsylvania was divided. The mediation of the imperial courts was accepted by the belligerants in Europe, as well as by the United States. Before entering, however, upon the negotiations, the French and Spanish courts insisted on answers from the court of London, to two preliminary questions; the first, upon what footing the king of England intended to treat with the United States? the second, as to the admission of an American plenipotentiary at the congress proposed to be held. These questions were transmitted to the king of England by the emperor of Germany, and the answers returned, were— "That in all points to be agitated in a future congress, England will behave with great equity and condescension; but the dependence of her rebel subjects in America must be preestablished, and that this matter must be left entirely to the care of Great Britain." These answers put an end to the proceedings under this mediation. The minister concluded on this subject, that, if congress put any confidence in the king's friendship and benevolence; if they were persuaded of his inviolable attachment to the principle of the alliance, and of his firm resolution constantly to support the cause of the United States, they would be impressed with the necessity of prescribing to their plenipotentiary, a perfect and open confidence in the king; and would direct him to take no step without the approbation of his majesty; and after giving him, in his instructions, the principal and most important outlines of his conduct, they would order him, with respect to the manner of carrying them into execution, to receive his instructions from the count de Vergennes, or from the person who might be charged with the negotiation, in the name of the king." Mr. Adams was, no doubt, too independent in his conduct for the French minister; but there were other reasons, why the latter wished to have the terms of peace in his control. On this report, the subject of instructions, as to the terms of peace, came before congress, and the states were again divided on the questions of boundaries and the fisheries. On the 15th of June, 1781, after having associated Dr. Franklin, Mr. Jay, Mr. Laurens, and Mr. Jefferson with Mr. Adams, congress agreed to give them the following instruc tions: "You are hereby authorized to concur, in behalf of the United States, with his Most Christian Majesty, in accepting the mediation proposed by the empress of Russia, and the emperor of Germany. You are to accede to no treaty of peace, which shall not be such as may First. Effectually secure the independence and sovereignty of the thirteen United States, according to the form and effect of the treaties subsisting between the said states and his Most Christian Majesty. Second. In which the treaties shall be left in their full force and validity. As to disputed boundaries, and other particulars, we refer you to the instructions given to Mr. Adams, dated August 14th, 1779, and 18th of October, 1780, from which you will readily perceive the desires and expectations of congress; but we think it unsafe, at this distance, to tie you up by absolute and peremptory directions, upon any other subject than the two essential articles above mentioned. You are, therefore, at liberty to secure the interest of the United States, in such manner as circumstances may di rect, and as the state of the belligerant, and disposition of the mediate powers may require. For this purpose, you are to make the most candid and confidential communications, upon all sub. jects, to the minister of our generous ally, the king of France; to |