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AMERICA. [40. 669.]

Towards the close of last year, a ma

nifefto and proclamation was iffued by the commiffioners appointed to treat and agree upon the means of quieting the diforders now fubfifting in certain colonies, &c. in North America, addreffed to the congrefs, the affemblies of all the colonies, &c. and all the inhabitants; in which the moft ample and general pardon is offered, every thing that could be defired fhort of independency is promifed, the alliance with France is reprobated, and in case of refusal of the offers made, the extremes of war are threatened. The congrefs iffued a counter manifefto and proclamation; in which, without taking any notice of the offers made them, they complain loudly of deceit and barbarity in their enemies, and threaten retaliation with exemplary vengeance in cafe the threats be carried into execution,- -As to military operations, Sir William Howe left the army in June, and was fucceeded by Sir Henry Clin ton as commander in chief, with the Major Generals Tryon, John Vaughan, Valentine Jones, and Dan Jones, and the Brigadiers Leflie, Smith, Erskine, Pattifon, and O'Hara, under him; Lord Howe returned home likewise, and Adm. Byron fucceeded his Lordship as commander in chief of the fleet, having failed from Portsmouth in June with thirteen fail of the line, the command devolving on Adm. Gambier till Adm. Byron arrived; the Count d'Eftaign, with a French fleet of eleven ships of the line and seven frigates failed for North America in April; the King's forces had evacuated Philadelphia, but kept poffeffion of New York and Rhode island; in September St Pierre and Miquelon were taken from the French, and Dominica was taken from the Bri. tih; both the British and French fleets fuffered by ftorms, but never met; towards the end of the year D'Eftaign fail. ed for the West Indies, and Byron followed him; in November two bodies of forces failed from New York, one of 5000, under the command of Gen. Grant and Com. Hotham, for the Weft Indies, and one of between 3000 and 4000, under the command of Lt-Col. Campbell, for Georgia and the southern provinces, -We now proceed. Com. Hotham had two fhips of 64 guns, three of 50, and one of 36; and Adm. Barrington had one ship of 74 guns, one of 70, two of 32, one of 20, and five floops of war.

TH

Treaty of Alliance, eventual and defenfive between his Moft Chriftian Majefty Loui XVI. King of France and Navarre, an the Thirteen United States of America. HE Moft Chriftian King, and the U nited States of North America, t wit, New Hampshire, Maffachufet's-bay Rhode island, Connecticut, New Jersey Pennsylvania, Delaware, Maryland, Vir ginia, North Carolina, South Carolina and Georgia*, having this day conclt ded a treaty of amity and commerce, fo the reciprocal advantage of their subjec and citizens, have thought it neceffar to take into confideration the means ftrengthening those engagements, and rendering them ufeful to the safety an tranquillity of the two parties; partic larly in cafe G. Britain, in refentment that connection, and of the good corr fpondence which is the object of the fai treaty, fhould break the peace wit France, either by direct hoftilities, or b hindering her commerce and navigation in a manner contrary to the rights of n tions, and the peace fubfifting betwee the two crowns. And his Majefty an the faid United States having refolved i that cafe to join their councils and effort against the enterprises of their commo enemy,

The refpective plenipotentiaries, im powered to concert the claufes and con ditions proper to fulfil the faid intention have, after the moft mature deliberation concluded and determined on the follow ing articles.

I. If war fhould break out betwee France and G. Britain during the conti nuance of the prefent war between th United States and England, his Majefty and the said United States fhall make a common cause, and aid each other mu tually, with their good offices, thei counfels, and their forces, according to the exigency of conjunctures, as becomes good and faithful allies.

II. The effențial and direct end of the prefent defenfive alliance is, to maintain effectually the liberty, fovereignty, and independence, abfolute and unlimited, of the faid United States, as well in matters of government as of commerce.

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III. The two contracting parties fhall, each on its own part, and in the manner it may judge most proper, make all the efforts in its power against their com mon enemy, in order to attain the end proposed.

[New York is not mentioned.]

IV.

IV. The contracting parties agree, that in cafe either of them fhould form any particular enterprise in which the concurrence of the other may be defired, the party whofe concurrence is defired, fhall readily and with good faith join to at in concert for that purpose, as far as circumftances and its own particular fination will permit; and in that cafe, they hall regulate by a particular convention the quantity and kind of fuccour to be furnished, and the time and maner of its being brought into action, as well as the advantages which are to be its compenfation.

V. If the United States fhould think to attempt the reduction of the British power remaining in the northern parts f America, or the islands of Bermudas, thofe countries or iflands, in cafe of fuçcefs, fall be confederated with or dependent upon the faid United States.

VI. The Moft Chriftian King renounces for ever the poffeffion of the islands of Bermudas, as well as of any part of the continent of North America which before the treaty of Paris in 1763, or in virtue of that treaty, were acknowledged to belong to the crown of G. Britain, or to the United States, heretofore called British colonies, or which are at this time, or have lately been, under the power of the King and crown of Great Britain. VII. If his Mott Chriftian Majefty fhall proper to attack any of the islands Started in the Gulph of Mexico, or near that Gulph, which are at prefent under the power of G. Britain, all the said ifles, in cafe of fuccefs, fhall appertain to the crown of France*.

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VIII. Neither of the two parties fhall conclude either truce or peace with G. Britain, without the formal confent of the other first obtained [40. 248.]; and they mutually engage not to lay down their arms, until the independence of the United States fhall have been formally or tacitly affured by the treaty or treaties that fhall terminate the war.

IX. The contracting parties declare, that, being refolved to fulfil, each on its n part, the claufes and conditions of the present treaty of alliance, according its own power and circumftances, fre thall be no after claims of compenfation, on one fide or the other, whatever may be the event of the war. Thefe 5th, 6th, and 7th articles, may Probably be what Lord Stormont [40. 671.] alludes to.)

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VOL. XLI.

X. The Moft Chriftian King and the United States agree, to invite or admit other powers, who may have received injuries from England, to make a common cause with them, and to accede to the prefent alliance, under fuch conditions as fhall be freely agreed to and fettled between all the parties.

XI. The two parties guarantee mutually, from the prefent time, and for ever, against all other powers; to wit, The United States to his Moft Chriftian Majesty the prefent poffeflions of the crown of France in America, as well as those which it may acquire by the future treaty of peace; and his Moft Christian Majelty guarantees on his part to the United States, their liberty, fovereignty, and independence, abfolute and unlimited, as well in matters of government as commerce, and alfo their poffeffions, and the additions or conquefts that their confederation may obtain during the war, from any of the dominions now or heretofore poffeffed by G. Britain in North America; conformable to the fifth and fixth articles above written, the whole as their poffeffions fhall be fixed and affured to the faid States at the moment of the ceffation of their prefent war with England.

XII. In order to fix more precisely the fenfe and application of the preceding ar ticle, the contracting parties declare, that in cafe of a rupture between France and England, the reciprocal guarantee declared in the faid article fhall have its full force and effect the moment fuch war fhall break out; and if fuch rupture fhall not take place, the mutual obligations of the faid guarantees fhall not commence until the moment of the ceffation of the prefent war between the United States and England fhall have afcertained their poffeflions.

XIII. The prefent treaty fhall be rati fied on both fides, and the ratifications fhall be exchanged, in the space of fix months, or fooner if poflible. In faith whereof, &c.

Done at Paris, Feb. 6. 1778. Dunlap's Pennfylvania Packet, Dec. 5. To the Free and Virtuous CITIZENS of

AMERICA.

Friends and Countrymen, THE happiness or misfortunes, the be

nefits or injuries, of an individual, have generally no claim to the public attention: I do not therefore addrefs you

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on my own account, but on yours. I do not wish to prejudice any man, but to ferve my country. I was content, even wale facrificed for the aggrandifement of other; but will not fee an individual, or family, raifed on the ruins of the general weal. What I write to you, I would have said to your representatives: their ears have been fhut against me, by an attention to matters which my refpect for them induces me to believe were of importance. While it was fafe to be lilent, my lips were clofed. Neceffity has opened them, and neceffity muft excufe this effort, to ferve, by informing you.

What I have done, and what I have fered, from the moment I left my na tive fore, until I was honoured with one colleague, and faddled with another, is needlefs now to repeat; I have told it othantially to Congrefs, and, as their Avant, I leave it with them. In Sept. 1776 they appointed the Hon. Benjamin Franklin, Arthur Lee, Efqs, and my10, their Commiffioners at the court of Verfailles; previous to which, I had the benour to be the Commercial and Political Agent of America in Europe. My venerable friend Dr Franklin arrived in Paris in December 1776, and Arthur Lee, Efq; a few days after him. This gentleman, by agreement among the Commiffioners, went to Spain in the month of February following, to negotiate your intereft there; and having, by a wanton difplay of his errand, given great and juft caufe of diftruft to the court of Madrid, he returned in the beginning of April, not having gone further than the city of Burgos. The reafons of that court for reftricting him to this place, with many other matters important for you to know, may perbaps appear in the course of thefe letters.

While he was on that journey, Dr Franklin received a commiffion to go thither; but his health, the feafon, and other circumftances, prevented his deparrre until he was fuperfeded. Many eafons concurred, to convince the Comeffioners, that Arthur Lee, Efq; could where be lefs ferviceable than at Pa; and therefore, in May 1777, he fet to make the tour of Germany, in orer to arrive at Berlin in fafety. At this pane, he was fo unfortunate as to do Both me, unlefs indeed we may give the matic of bufinefs to the lofs of his papers

381.], by which a difcovery was 164le of the fecrets of his colleagues, nd the British miniftry enabled to coun

teract the measures taken for your ben fit. In Auguft he returned to Paris, an fhortly after received his appointment Commiffioner to the court of Madrid with refervation,, nevertheless, of h former commiffion to that of Verfaille Here I must leave him to take notice another gentleman of the fame family. In February 1777 I received a notif cation of the appointment of Willia Lee, Efq; to be one of your Comme cial Agents in Europe, of which I ga him notice. As your commercial affai were, at that time, in such a state as require attention and care, I preffed th gentleman, then in England, to come ver immediately, and execute his office but heard nothing from him till th month of June, when he arrived at P ris. At this place he continued until bout fome time in Auguft, when we we to Mentz. There he was loudly calle on to regulate certain affairs, which prudently declined, left, as he obferve his property in England fhould be affec ed. In September or October he retur ed to Paris, and there received his a pointment of Commiffioner to the cour of Vienna and Berlin. He continue neverthelefs, inactive at Paris until t month of December, carefully concea ing his appointments; which might, i deed, have militated against his office Alderman of the city of London, whic he had then, and probably does ftill r tain. When the news of Gen. Bu goyne's defeat and furrender arrived, produced a revolution in the minds many, and among others infpired yo Commercial Agent and Political Commi fioner, the Hon. William Lee, Efq; wi fome degree of activity in your favou

That I may not be under the neceffi of mentioning this gentleman again, add here, that he hath fince gone to V enna, having first appointed fundry Con mercial Agents for you at the fever ports, and in one inftance removed t perfon * who had faithfully done you

tleman greatly efteemed in France for h • M. Williams, a native of Bollon, a ge knowledge and integrity in mercantile tran actions, as well as for his agreeable and e gaging manners, who being well acquainte with the language, and commercial rules an cuftoms in that kingdom, had rendered ve important fervices to his country in his d partment. I fhall mention this gentlema more particularly in the courfe of my futu letters.

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bufinefs for two per cent. in favour of another, who is to receive five per cent.; of which, as well as of the like commiflion at other places, Mr Lee receives a fhare, for fuperintending, at Vienna, the business on your account, a thousand miles off from his place of refidence.

My respect for the Honourable the Congrefs, and of confequence for its members, will lead me to treat with all poffible tenderness their friends, dependents, and connections; and therefore, as the Hon. Arthur and William Lee, Efqs, have two brothers in that body, I fhall make no other obfervation on the fruitful topic of their manners and deportment than this, that, unfortunately for you, thofe gentlemen fo highly eleva ted, and fo widely intrufted, gave univerfal difguft to the nation whose afliftance we folicited.

Having thus introduced you to your great fervants, I proceed to make you acquainted with fome other perfonages which it is of confequence for you to know. I am forry to fay, that the Hon. Arthur Lee, Efq; was fufpected by some of the best friends you had abroad, and thofe in important characters and stations. This arofe from his connection and acquaintance with Lord Shelburne, who had been his patron in England, and to whom it was, from many circumftances, fuppofed he disclosed your fecrets. Thefe fufpicions, whether well or ill founded, were frequently related and urged to Dr Franklin and myself; and, joined to his undifguifed hatred of, and expreffions of contempt for, the French nation in general, embarrassed us exceed ingly, and was of no fmall prejudice to your affairs.

In the fummer of 1777, a correfpond ence took place between a certain Dr Berkenhout and the Hon. Arthur Lee, Efq; on political fubjects. The Doctor propofed in general terms an accommodation; and after all obftacles arifing from our fuppofed want of confidence in him, and the like, were removed, the Doctor went fo far as to propose a meeting with Mr Lee. But thefe difpofitions were deranged by the news of Gen. How's arrival in this city. Mr Lee fhewed to Dr Franklin and myfelf a part of this correfpondence; and in order to give the greater weight to Dr Berkenhout's remarks, gave us to understand, that the

Doctor was in the confidence of the Bri.. tifh ministry.

Immediately on the arrival of the news of Gen. Burgoyne's furrender, a treaty with France feemed to the British mini-. ftry more near, and more probable; your Commiflioners, therefore, were continually founded, indirectly, as to their difpofitions for reconciliation. About. this time Mr Lee's fecretary went to and from London, charged with affairs which were fecret to your other Commiffioners.. Conjectures were formed, it is true, and with the more reafon, as Mr Lee was. dragged into the treaty with the utmost reluctance. It was agreed, that this important matter fhould be kept a profound fecret; yet, a few days from figning, it. was pointedly declared in the Houfe of Commons, by the Hon. Charles Fox, Efq; the friend of Lord Shelburne : this gave additional weight to the other cir cumftances. Add to this, that the attention of Dr Franklin and myfelf to your fervice, gave rife to many bickerings and difputes between Mr Lee and us; the confequence was, that infinuations and mifrepresentations, to my difadvantage, were tranfmitted across the Atlantic, and ftored up here for purposes which will hereafter appear. On the 4th day of March I received, in a cover, from one of the committee of foreign correspondence, the following refolution: "In Congress, Dec. 8. 1777. Whereas it is of the greatest importance, that Congrefs fhould, at this critical conjuncture, be well informed of the ftate of affairs in Europe; And whereas Congrefs have refolved, that the Hon. Silas Deane, Efq; be recalled from the court of France; and have appointed another Commiffioner to fupply his place: Ordered, That the committee for foreign correspondence write to the Hon. Silas Deane, and dire& him to embrace the first opportunity of returning to America, and upon his arrival to repair with all poffible dispatch to Congrefs."

And having placed my papers and yours in fafety, I left Paris the 30th, to imbark for my native country, on board that fleet which your great and generous al1y fent out for your affistance, in full cor.fidence that I should not be detained for any confiderable time in America on the bufinefs I was fent for. Juft before my departure I was informed of a matter, which, as it may tend to throw light on E 2

other circumstances, I fhall fimply relate. A gentleman of character told me, that his correfpondent in England had feen a letter from the Hon. Arthur Lee, Efq; dated the very day on which the treaty was figned, (though it was not finished until near nine o'clock at night); in which were nearly these words: "This day the new partnership was figned and fealed, and the new house will begin to proceed to bufinefs immediately; if the old houfe means to have any thing to do further, and means honeftly, they must make their propofals immediately."

When I arrived at this place, I folicited an audience of the Congrefs; which, after many delays that fome circumftances rendered unavoidable, I obtained. I was twice heard before that Honourable body, viz. on the 9th and 21st of Auguft; when I gave them as good a general account of the matters intrufted to me, as the time would permit; it being my intent to deliver fingly, and by itself, a hiftory of thofe affairs, and then to mention from time to time, for their confideration, fuch things as my duty to you fhould require. But after the two audiences, 1 have been unable to obtain a third, although I have continually folicited it, and written feveral letters for that purpofe; which, together with the anfwers I have received, and the fe. veral intermediate transactions, as far as the public fervice requires it, fhall in due time, with the utmost candour on my part, be laid before you; without deviating in the lealt from that refpect which I have always profed, and which I feel, for that Honourable body; and left any thing that I faid, or may fay, fhould be mifinterpreted, I do hereby again repeat my veneration for your reprefentatives; excepting always thofe, if any fuch there be, who, with partial interefted views, and finifter purposes, have endeavoured to facrifice your intereft, as well as my reputation.

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I come now to fome other things, with out which I might perhaps have continued fill longer filent. In September laft I was informed, that Dr Berkenhout, whom I have mentioned above, was in gaol in this city. I confess I was furprifed, confidering what I have already related, that this man should have the audacity to appear in the capital of America. immediately fet myself about the measures which I conceived neceflary to investigate his plans and defigns; concluding he was

like to continue in these quarters for fome time. But what was my aftonishment when, a few days after, I was informed that he was gone back to New York There was in this fomething which wa alarming: that a person who from every appearance was fent out as a fpy, fhou be fent back with the knowledge he ha been able to collect, was what I could not comprehend; and therefore, in orde to fet on foot an inquiry, I published the queries in Mr Dunlap's paper of the roth of October, which had lain by me fom days, in hopes that thofe in authority would have taken measures to prevent the neceflity of it.

To thefe queries no fatisfactory answe At length, that Providence in whom w ever was, or probably ever will be given have put our truft, hath, by a concur rence of incidents, unfolded to me th tranfaction; which was as follows. - D Berkenhout came from New York, pass ed the lines, and came to this place, un der the pretence of important bufinef with Congrefs. When he arrived in thi place, he made no application to that bo dy, but to the Hon. Richard Lee, Efq Dr Berkenhout hath fince faid, that h had letters to that Hon. member of Con grefs, from the Hon. Arthur Lee, join! Commiflioner of the United States a Verfailles, and fole Commiffioner of thofe States at the court of Madrid. Be this as it may, it is certain, that the Doctor had feveral meetings with the Hon. Richard-Henry Lee, Efq; it is alfo certain, that when the Doctor returned to New York, he ventured to affure the British Commiffioners, that by the alliance with France, America was at liberty to make peace, without confulting her ally, unlefs England declared war; and it was equally certain, that the Hon. RichardHenry Lee, Efq; conftantly and pertinaciously [40. 248.] maintained this doctrine.

After the Doctor had been fome few days in this town, he became fufpe&ted by the Hon. the Executive Council of this State, who determined to apprehend him. When this matter was mentioned to the Hon. Richard Henry Lee, Efq; he declared, the fufpicions against him were bafe and groundlefs, and that he nevertheless put into gaol; and there, was a good friend to America. He was notwithstanding the precautions which were fuppofed to have been taken, he did fee fundry perfons. He was permit

ted

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