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store ships of reaching their destined anchorage without 1782. any molestation from the enemy; but for want of timely .attention to the circumstances of the navigation, pointed put in the instructions communicated to the captains, only four of she 31 fail which accompanied the fleet effected their purpose. The rest having miffed the Bay, were driven through the Straits into the Mediterranean .during the night, and were no small encumbrance to the .fleet in its subsequent operations.
While lord Howe was collecting his convoy in the Mediterranean, and preparing to escort them back to Gibraltar, the enemy were under no small anxiety for the two line of battle ships, which had been driven into the Mediterranean on the night of the storm. To recover these, and in hope of intercepting, or preventing the return of die store stups, the combined fleet sailed from Algeziras on the 13th.
The British fleet was abreast of Fungarola, a large port town between Malaga and Gibraltar, when advice was received of the approach of the enemy. While, upon this intelligence, the fleet was closing and forming a line of battle, the Buffalo of 60 guns was detached with those store ships whicli had been collected, to the Zefarine islands, lying on the coast of Barbary, about 60 leagues above Gibraltar. The Panther, of the fame force, being left in the bay of Gibraltar for the protection of die store ffiips as they arrived, lord Howe's force now amounted only to 31 fail of the line.
Near fun-'se.t, -the combined fleets were descried in great force at about six leagues distance, in line of battle, with a strong wind full in their favor, and bearing directly down .upon the JtrAtjfli fleet. They amounted to
'782. 64 sail, about 42 appeared to be of the line, including: several large three deckers. By day light the next morning, they were perceived close in with the land, and at such a distance as not to be visible from the deck. During their movements they had recovered the two missing ships.
In the morning it was discovered, that several transports had not proceeded with the Buffalo, and that others had joined lord Howe in the night. Upon this account, the wind becoming favorable, the fleet proceeded in order of battle toward the Straits, and passed eighteen of the convoy safe to Gibraltar bay. By the 18th, the vessels under the care of "the Buffalo rejoined the fleet and were sent in. The two regiments on board the (hips of war and frigates were landed; and the scarcity of ammunition in the garrison was removed by a supply of 1500 barrels from the fleet. Gibraltar being now fully relieved, lord Howe concluded on taking immediate advantage of the easterly wind, which had prevailed a few days, for returning through the Straits to the westward. When he was in the entrance of the gut, and enclosed between the opposite points of Europa and Ceuta, the combined fleets appeared at no great distance to the north east, at the break of day on the 19th. They followed his lordship, and the next morn
ro. ing were perceived at about five leagues distance to the windward. The British formed in order of battle to leeward. At sun-set the enemy began a cannonade on the van and rear of Howe's fleet; but generally at such a distance as to produce little effect. Perceiving however a part of his rear much separated from the rest, they made a bolder attempt upon that division. The French and
Spanish admirals led the attack upon the separated ships,1 which, reserving themselves till they were within a near distance, threw in so well-timed, heavy and admirably directed a fire upon them, that the enemy were soon in evident confusion, hauled their wind and gave up the object entirely.
The distant fire of the combined fleets did much damage to the yards and rigging of several British ships: the number of men and officers killed and wounded, amounted to 265; a trifling loss compared with the importance of the service in which lord Howe had been engaged. His lordship having effected the business on which he was dispatched, and the combined fleets being at a considerable distance in the morning, apparently on their return to Cadiz, he proceeded on his way home; but while doing it he detached eight ships of the line to the West Indies, and six to the coasts of Ireland.
The existence of these events did not interrupt the' negotiations for peace, carrying on at Paris. These were rather forwarded by it; as the belligerent powers j were brought into a nearer equality of circumstances for treating with each other.
Mr. Jay, in consequence of his being appointed by congress one of the commissioners to treat for peace with Great Britain, left Madrid and repaired to Paris. He and Dr. Franklin were received by the Spanish ambassador, the count D'Aranda, as ministers from congress, when they dined with him in the beginning of July. This might be viewed by others as a public-acknowledgment, on the part of Spain, of the independence of the American United States; but could not satisfy Mr, Jay, who declined negotiating with D'Aranda
.i-jSt. without an exchange of commissions, though the trench minister Vergennes wished him to do it. Mr. Fitzherbert and Mr. Oswald were sent over on the part of Great Britain, the former to treat chiefly with the , European powers, the latter with the. Americans. The commission granted to Mr. Oswald, instead of acknowledging the independence of the United States in the .first instance, provided only for the acknowledgment of it in an article of the proposed treaty. Mr. Jay objected to the commission. The count de Vergennes •thought it sufficient, and would have had him proceed: .but notwithstanding the instructions of congress, he declined complying with the count's wishes. Dr. Franklin . declared himself of the same opinion with the count. . Jay however was fixed; and drew up a letter, which he .intended to fend to Vergennes, containing his reasons for not treating with Oswald upon that commission. When he showed it to Dr. Franklin, the doctor owned the force of his reasonings ;.and that he had not attended tp them before, or he should not have so readily fallen . ;jn. with the opinion of the French minister. Mr. Jay kept up a friendly correspondence with Mr. Adams, one of bis fellow commissioners, and acquainted him with the state of affairs. ..They.judged alike; and Mr. Adams .determined not to leave Holland and repair to Paris, till JVfav Oswald had a different commission.
-M^an while Mr. Adams employed himself in negotiating A'treatyfif amity and commerce, between the States .Gptgrai of the United Netherlands, and the United States
& ".of America, which was. concluded on the 8th of October. The ioth article provides., that :the vessels of either party, not-having contraband goods for an enemy's port, may
freely freely pursue their voyage; and that it shall not be re- *!%*+ quired to examine the- paper* of vessels convoyed by men of war, but credence shall be given to the word of the officer conducing the convoy. The 24th sets forth, that under the denomination of contraband and merchandises prohibited, shall be comprehended only warlike stores and arms, as also soldiers, horses, saddles and furniture for horses. All other effects and merchandises, and even all forts of naval matters, however proper they may be for the construction and equipment of vessels of waSr-; or for the manufacture of one or another fort of machines of war, by land or sea, shall not be judged contraband; and may be transported from and to places belonging to the enemy, those only excepted which are nearly surrounded by some of the belligerent powers.
Mr. Jay and Mr. Oswald often conversed freely with each other, notwithstanding the objection made to the British commission; and without letting either the French minister or Dr. Franklin know of ir, prepared all things as far as possible for treating officially whenever a new commission should be received. On the 10th of September, Mr. Jay had put into his hands the following copy of a translation of a letter to count. de Vergehnes— "N°225. Philadelphia, March 13, 1782. Sir,-Gen. Greene affirms, that in no one stat^ is attachment" to in* dependency carried to a higher pitch, than iti South Carolina: but that this affection is yet exceeded by th« hatred borne to England. Mr. MatKewS, governor hi the rotim of Mr. Rutiedge, has Communicated to persons of the most influence in his state, the ultimatum" of the month of last, who approved of the'
clauses in geneml, and particularly- that one which leaves