Spanish admirals led the attack upon the separated ships, 1782. which, referving themselves till they were within a near distance, threw in fo well-timed, heavy and admirably directed a fire upon them, that the enemy were foon in evident confufion, hauled their wind and gave up the object entirely. The diftant fire of the combined fleets did much damage to the yards and rigging of feveral British fhips: the number of men and officers killed and wounded, amounted to 265; a trifling lofs compared with the importance of the fervice 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 confiderable 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 fix to the coafts 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 were brought into a nearer equality of circumstances for treating with each other. Mr. Jay, in confequence of his being appointed by congrefs one of the commiffioners to treat for peace with Great Britain, left Madrid and repaired to Paris. He and Dr. Franklin were received by the Spanish ambaffador, the count D'Aranda, as ministers from congrefs, 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 fatisfy Mr, Jay, who declined negotiating with D'Aranda without •1782. without an exchange of commiffions, though the French minifter Vergennes wifhed him to do it. Mr. Fitzherbert and Mr. Ofwald were fent over on the part of Great Britain, the former to treat chiefly with the European powers, the latter with the Americans. The commiffion granted to Mr. Ofwald, 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 propofed treaty. Mr. Jay objected to the commiffion. The count de Vergennes thought it fufficient, and would have had him proceed: but notwithstanding the instructions of congrefs, he declined complying with the count's wishes. Dr. Franklin declared himself of the fame opinion with the count. Jay however was fixed; and drew up a letter, which he intended to fend to Vergennes, containing his reafons for not treating with Ofwald upon that commiffion. When he fhowed it to Dr. Franklin, the doctor owned the force of his reafonings; and that he had not attended to them before, or he should not have fo readily fallen in with the opinion of the French minifter. Mr. Jay kept up a friendly correspondence with Mr. Adams, one of his fellow commiffioners, and acquainted him with the state of affairs. They judged alike; and Mr. Adams determined not to leave Holland and repair to Paris, till Mr. Ofwald had a different commiffion. Mean while Mr. Adams employed himself in negotiating A treaty of amity and commerce, between the States General of the United Netherlands, and the United States of America, which was concluded on the 8th of October. The 10th article provides, that the veffels of either party, not having contraband goods for an enemy's port, may freely freely purfue their voyage; and that it fhall not be re- 17826 quired to examine the papers of veffels convoyed by men of war, but credence fhall be given to the word of the officer conducting the convoy. The 24th fets forth, that under the denomination of contraband and merchandifes prohibited, shall be comprehended only warlike ftores and arms, as alfo foldiers, horfes, faddles and furniture for horfes. All other effects and merchandises, and even all forts of naval matters, however proper they may be for the construction and equipment of veffels of war, or for the manufacture of one or another fort of machines of war, by land or fea, fhall not be judged contraband; and may be tranfported from and to places belonging to the enemy, thofe only excepted which are nearly furrounded by fome of the belligerent powers. Mr. Jay and Mr. Ofwald often converfed freely with each other, notwithstanding the objection made to the British commiffion; and without letting either the French minifter or Dr. Franklin know of it, prepared all things as far as poffible for treating officially whenever a new commiffion should be received. On the 10th of September, Mr. Jay had put into his hands the following copy of a tranflation of a letter to count de Vergennes"N°225. Philadelphia, March 13, 1782. Sir, Gen. Greene affirms, that in no one state is attachment to independency carried to a higher pitch, than in South Carolina: but that this affection is yet exceeded by the hatred borné to England. Mr. Mathews, governor in the room of Mr. Rutledge, has communicated to per fons of the most influence in his ftate, the ultimatum of the month of laft, who approved of the clauses in general, and particularly that one which leaves the 1782. the king mafter of the terms of the treaty of peace or truce, excepting independence and the treaties of commerce and alliance. Mr. S. Adams is using all his endeavours to raise in the state of Maffachusetts aftrong oppofition to peace, if the eastern states are not thereby admitted to the fisheries and particularly to that of Newfoundland. Mr. Adams delights in trouble and difficulty. He could not have ufed a fitter engine than the fisheries, for stirring up the paffions of the eastern people, and renewing the question that had lain dormant during his two years abfence at Boston. The reigning toast in the east is-May the United States ever maintain their right to the fisheries! It would be dangerous informing the people through the public papers. The king however may cause to be intimated to congrefs or the minifter, his surprise that the Newfoundland fisheries have been included in the additional instructions; that the United States fet forth therein pretenfions without paying regard to the king's rights, and without confidering the impoffibility of their making conquefts, and keeping what belongs to Britain. His majefty might cause a promise to be given to congrefs of his affistance for procuring admiffion to the other fisheries, declaring however that he would not be anfwerable for the fuccefs, and that he is bound to nothing, as the treaty makes no mention of that article. The declaration being made before the peace, the hopes of the people could not be fupported, nor could it one day hereafter be faid, that we left them in the dark on this point. It were to be wifhed, that this declaration fhould be made, while New York, Charlestown and Penobscot are in the enemy's hands. There are some judicious perfons to whom we may speak of giving up the fish eries, and the lands of the weft for the fake of peace; 1782. but there are enthufiafts who fly out at this idea, and their numbers cannot fail of increasing when the English are expelled. The divifion is nearly equal in congress and among the states; and our influence can incline the beam, either for peace or war, which ever we may choose. Let his majefty likewife caufe a memorial to be delivered to congrefs, wherein fhould be ftated the use made by minifters of the powers intrusted to them by that affembly, and the impediments which may have stood in the way of a fuller fatisfaction on every point. It is remarked by fome, that as England has other fisheries befide Newfoundland, fhe may perhaps endeavour that the Americans fhould partake in that of the grand bank, in order to conciliate their affection, or procure them fome compenfation, or create a subject of jealousy between them and us; but it does not feem likely, that fhe will act fo contrary to her own intereft; and was she fo to do, it will be for the better to have declared at an early period to the Americans, that their pretenfion is not founded, and that his majefty does not mean to fupport it. Barbè Marbois.” Mr. Jay told Mr. Ofwald-" If lord Shelburne means to have the United States friends, as he cannot have them for fubjects, their independence must be acknowledged in the beginning. While their independence is not acknowledged directly or indirectly, they will be obliged by the treaty to continue annexed to France till fuch acknowledgment is made, and fo to fight. the battles and promote the views of France, Independence must be acknowledged, that fo the Americans may be separated from France,, and a peace be accomplished: |