To the treaty of alliance was annexed a separate and secret article, granting to the king of Spain the right of acceding to both treaties, at such time as he should think proper. To obtain the assent of his Catholic Majesty to these treaties, Mr. Jay was sent minister plenipotentiary to Spain, in 1779. He was instructed to assure his Catholic Majesty, that if he should "accede to the said treaties, and in concurrence with France and the United States of America, continue the present war with Great Britain for the purpose expressed in the treaties, he shall not be precluded from securing to himself the Floridas: on the contrary, if he shall obtain the Floridas from Great Bri tain, these United States will guaranty the same to his Catholic Majesty. Provided always, that the United States shall enjoy the free navigation of the Mississippi, into and from the sea."

Mr. Jay was also particularly instructed, not only to obtain money by way of loan or subsidy, but to secure some convenient port below the thirty-first degree of north latitude, on the river Mississippi, for the use of the inhabitants of the United States.

Spain refused to accede to these treaties; to furnish money or to form any connexion with the United States; but on the condition of their relinquishing all right or claim to the navigation of the Mississippi, and to all the country west of the Apalachian mountains.

The views and claims of his Catholic Majesty on this subject, were confidentially communicated to congress, by the French minister, de la Luzerne, in January 1780, a short time after Mr. Jay had sailed for Spain. Our readers will pardon us, for extracting this extraordinary communication, from these journals.

Monsieur de la Luzerne stated to congress,

"That his Most Christian Majesty being uninformed of the ap pointment of a minister plenipotentiary to treat of an alliance between the United States and his Catholic Majesty, has signified to his minister plenipotentiary to the United States, that he wishes most earnestly for such an alliance; and in order to make the way more easy, has commanded him to communicate to the congress, certain articles which his Catholic Majesty deems of great importance to the interest of his crown, and on which it is highly necessary, that the United States explain themselves with precision, and with such moderation, as may consist with their essential rights.

That the articles are:

First. A precise and invariable boundary to the United States. VOL. I.-NO. 1.

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Second. The exclusive navigation of the Mississippi.
Third. The possession of the Floridas, and

Fourth. The lands on the left, or western side of the Mississippi.

That on the first article, it is the idea of the cabinet of Madrid, that the United States extend to the westward, no farther than settlements were permitted by the royal proclamation, bearing date the

day of

1763.

On the second, that the United States do not consider themselves as having any right to navigate the river Mississippi, no territory belonging to them being situated thereon.

On the third, that it is probable the king of Spain will conquer the Floridas, during the course of the present war; and in such event, every cause of dispute relative thereto, between Spain and these United States, ought to be removed,

On the fourth, that the lands lying on the east side of the Mississippi, whereon the settlements were prohibited by the aforesaid proclamation, are possessions of the crown of Great Britain, and proper objects against which the arms of Spain may be employed, for the purpose of making a permanent conquest, for the Spanish

crown.

That such conquest may, probably, be made during the present war. That, therefore, it would be advisable to restrain the Southern states from making any settlements or conquests, in these territories. That the council of Madrid considered the United States as having no claims to those territories, either as not having had possession of them before the present war, or not having any foundation for a claim in the right of the sovereignty of Great Britain, whose dominion they have abjured.

That his Most Christian Majesty, united to the Catholic King by blood and by the strictest alliance, and united with those states in treaties of alliance, and feeling towards them dispositions of the most perfect friendship, is exceedingly desirous of conciliating between his Catholic Majesty and these United States, the most happy and lasting friendship.

That the United States may repose the utmost confidence in his good will to their interests, and in the justice and liberality of his Catholic Majesty; and that he cannot deem the revolution, which has set up the independence of these United States, as past all danger of unfavourable events, until his Catholic Majesty and the United States, shall be established on those terms of confidence and amity, which are the objects of his Most Christian Majesty's very earnest wishes." 2 vol. pages 309, 310, 311.

This communication excited no little surprise in Congress. It was evident, that the king of Spain, as the price of his alliance, required a relinquishment on the part of the United States, of their right or claim to the navigation of the Missis

sippi, and to all the country west of the mountains; alleging, that this valuable and extensive country belonged to Great Britain, and therefore, was an object of permanent conquest by his arms. How can it be doubted, that this claim on the part of Spain, was indirectly encouraged and supported by the French court? The house of Bourbon were determined, if possible, to regain in America, during the present war, what they had lost in the preceding. The subject was interesting to these states, who claimed the western country by virtue of their original charter; and particularly to Virginia, under whose authority settlements had commenced west of the mountains.

The states, although extremely desirous of the alliance of Spain, were unwilling to obtain it at the sacrifice required.

The language addressed to Mr. Jay, in Spain, was the same as that held to congress, through the French minister; and in October 1780, congress unanimously enjoined it upon their minister at the Spanish court, to adhere to his former instructions, respecting the right of the United States to the navigation of the Mississippi, with and from the sea; a right, they say, "which, if an express acknowledgment of it cannot be obtained, is not by any stipulation on the part of America, to be relinquished;" and he was directed to insist on the Mississippi as their western boundary.

These instructions were enforced by congress, in a letter to their ministers at Paris and Madrid, explaining the reasons. and principles on which their rights and claims were founded; "to enable them" as they say "to satisfy the French and Spanish courts of the justice and equity of the intentions of congress."

This able state paper is in the 2d vol., from page 326 to 339. It was drawn by a committee, consisting of Mr. Madison, Mr. Sullivan and Mr. Duane, and will be read with peculiar interest. The following extract from it, shows the origin and nature of this claim of the states.

"With respect to the first of these articles, by which the river Mississippi is fixed as the boundary, between the Spanish settlements and the United States, it is unnecessary to take notice of any pretensions founded on a priority of discovery, of occupancy, or on conquest. It is sufficient, that by the definitive treaty of Paris, of 1763, (article seventh,) all the territory now claimed by the United States, was expressly and irrevocably ceded to the king of Great Britain; and that the United States are, in consequence of the revolution in their government, entitled to the benefits of that cession. To prove the last, it must be observed, that it is a fundamental principle in all lawful governments, and

particularly in the constitution of the British empire, that all the rights of sovereignty are intended for the benefit of those, from whom they are derived, and over whom they are exercised.

It is known, also, to have been held for an inviolable principle by the United States, while they remained a part of the British empire, that the sovereignty of the king of England, with all the rights and powers included in it, did not extend to them, in virtue of his being acknowledged and obeyed as king by the people of England, or of any other part of the empire; but in virtue of his being acknowledged and obeyed as king of the people of America themselves; and that this principle was the basis, first of their opposition to, and finally of their abolition of his authority over them. From these principles it results, that all the territory lying within the limits of the states, as fixed by the sovereign himself, was held by him for their particular benefit, and must, equally with his other rights and claims in quality of their sovereign, be considered as having devolved on them, in consequence of their resumption of the sovereignty to themselves.

In support of this position, it may further be observed, that all territorial rights of the king of Great Britain, within the limits of the United States, accrued to him from the enterprises, the risks, the sacrifices, the expense in blood and treasure of the present inhabitants and their progenitors. If, in latter times, expenses and exertions have been borne by any other part of the empire, in their immediate defence, it need only be recollected, that the ultimate object of them was the general security and advantage of the empire; that a proportional share was borne by the states themselves; and that, if this had not been the case, the benefits from an exclusive enjoyment of their trade have been an abundant compensation. Equity and justice, therefore, perfectly coincide, in the present instance, with political and constitutional princi. ples.

As to the proclamation of the king of Great Britain of 1763, forbidding his governors in North-Carolina, to grant lands westward of the sources of the rivers falling into the Atlantic ocean, it can, by no rule of construction, militate against the claims of the United States. That proclamation was intended merely to prevent disputes with the Indians, and an irregular appropriation of vacant lands to individuals; and by no means either to renounce any parts of the cessions made in the treaty of Paris, or to affect the boundaries established by ancient charters.

On the contrary, it is expressly declared, that the lands and territory prohibited to be granted, were within the sovereignty and dominion of that crown, notwithstanding the reservation to the use of the Indians."

In consequence of the success of the British army in the southern states in the year 1780, congress, at the request of the

state of Virginia, in February, 1781, directed Mr. Jay "to recede from his former instructions, so far as they insist on the free navigation of that part of the river Mississippi, which lies below the thirty-first degree of north latitude, and on a free port or ports below the same; provided such cession shall be unalterably insisted on by Spain; and provided the free navigation of the said river, above the said degree of north latitude, shall be acknowledged and guarantied by his Catholic Majesty to the citizens of the United States, in concurrence with his own subjects."

This was done, as the letter of instructions says, "in order to unite the more closely, in their measures and operations, three powers, who have so great a unity of interests, and thereby to compel the common enemy to a speedy, just, and honourable peace." Mr. Jay made a proposition to the Spanish court, agreeably to those instructions, but the same was rejected; and when he left Madrid for Paris, in June, 1782, the Spanish negotiation was transferred to that place.

That part of the Journal before us, which relates to the various measures taken both in Europe and America, to effect a general peace, and to procure an acknowledgment of the independence of the United States, on the part of Great Britain, possesses particular interest for an American reader.

Spain, it is known, offered her mediation between France and Great Britain in the summer of 1778.

This offer was accepted by France, and a long and a fruitless correspondence on the subject, took place between the British and Spanish courts, and which finally ended in a rupture between the two nations, in June, 1779. In making this offer, Spain had two principal objects in view; one was to gain time, and to strengthen her marine, the other, to make her own terms with the United States, as the price of her alliance.

Spain proposed, that, in the negotiations between the belligerants, the United States shall be a party. This subject came before congress in February, 1779, and it was deemed necessary to appoint a minister, with instructions as to the terms of peace.

In framing these instructions, partial feelings and prejudices had their influence, and created divisions in congress. The great questions, relative to the ultimata, as to boundaries, the fisheries, and the navigation of the Mississippi, were agitated with much warmth by members from different parts of the Union, feeling, as they did, strong local interest in one or other of these questions.