The Critical Period of American History. Fiske John

not hear of buying one of their own cities, whose independence was already acknowledged by the first article of the treaty which recognized the independence of the United States and as for the western lands, they were wanted as a means of paying our own war debts and providing for our veteran soldiers. Several times Shelburne sent word to Paris that he would break off the negotiation unless the loyalist claims were in some way recognized. But the Americans were obdurate. They had one advantage, and knew it. Parliament was soon to meet, and it was doubtful whether Lord Shelburne could command a sufficient majority to remain long in office. He was, accordingly, very anxious to complete the treaty of peace, or at least to detach America from the French alliance, as soon as possible. The American commissioners were also eager to conclude the treaty. They had secured very favourable terms, and were loth to run any risk of spoiling what had been done. Accordingly, they made a proposal in the form of a compromise, which nevertheless settled the point in their favour. The matter, they said, was beyond the jurisdiction of Congress, but they agreed that Congress should recommend to the several states to desist from further proceedings against the Tories, and to reconsider their laws on this subject; it should further recommend that persons with claims upon confiscated lands might be authorized to use legal means of recovering them, and to this end might be allowed to pass to and fro without personal risk for the term of one year. The British commissioners accepted this compromise, unsatisfactory as it was, because it was really impossible to obtain anything better without throwing the whole negotiation overboard. The constitutional difficulty was a real one indeed. As Adams told Oswald, if the point were further insisted upon, Congress would be obliged to refer it to the several states, and no one could tell how long it might be before any decisive result could be reached in this way. Meanwhile, the state of war would continue, and it would be cheaper for England to indemnify the loyalists herself than to pay the war bills for a single month. Franklin added that, if the loyalists were to be indemnified, it would be necessary also to reckon up the damage they had done in burning houses and kidnapping slaves, and then strike a balance between the two accounts; and he gravely suggested that a special commission might be appointed for this purpose. At the prospect of endless discussion which this suggestion involved, the British commissioners gave way and accepted the American terms, although they were frankly told that too much must not be expected from the recommendation of Congress. The articles were signed on the 30th of November, six days before the meeting of Parliament. Hostilities in America were to cease at once, and upon the completion of the treaty the British fleets and armies were to be immediately withdrawn from every place which they held within the limits of the United States. A supplementary and secret article provided that if England, on making peace with Spain, should recover Wept Florida, the northern boundary of that province should be a line running due east from the mouth of the Yazoo River to the Chattahoochee.

      Vergennes does not like the way in which it has been done.

      Thus by skilful diplomacy the Americans had gained all that could reasonably be asked, while the work of making a general peace was greatly simplified. It was declared in the preamble that the articles here signed were provisional, and that the treaty was not to take effect until terms of peace should be agreed on between England and France. Without delay, Franklin laid the whole matter, except the secret article, before Vergennes, who forthwith accused the Americans of ingratitude and bad faith. Franklin's reply, that at the worst they could only be charged with want of diplomatic courtesy, has sometimes been condemned as insincere, but on inadequate grounds. He had consented with reluctance to the separate negotiation, because he did not wish to give France any possible ground for complaint, whether real or ostensible. There does not seem, however, to have been sufficient justification for so grave a charge as was made by Vergennes. If the French negotiations had failed until after the overthrow of the Shelburne ministry; if Fox, on coming into power, had taken advantage of the American treaty to continue the war against France; and if under such circumstances the Americans had abandoned their ally, then undoubtedly they would have become guilty of ingratitude and treachery. There is no reason for supposing that they would ever have done so, had the circumstances arisen. Their preamble made it impossible for them honourably to abandon France until a full peace should be made, and more than this France could not reasonably demand. The Americans had kept to the strict letter of their contract, as Vergennes had kept to the strict letter of his, and beyond this they meted out exactly the same measure of frankness which they received. To say that our debt of gratitude to France was such as to require us to acquiesce in her scheme for enriching our enemy Spain at our expense is simply childish. Franklin was undoubtedly right. The commissioners may have been guilty of a breach of diplomatic courtesy, but nothing more. Vergennes might be sarcastic about it for the moment, but the cordial relations between France and America remained undisturbed.

      A great diplomatic victory.

      On the part of the Americans the treaty of Paris was one of the most brilliant triumphs in the whole history of modern diplomacy. Had the affair been managed by men of ordinary ability, some of the greatest results of the Revolutionary War would probably have been lost; the new republic would have been cooped up between the Atlantic Ocean and the Alleghany Mountains; our westward expansion would have been impossible without further warfare in which European powers would have been involved; and the formation of our Federal Union would doubtless have been effectively hindered, if not, indeed, altogether prevented. To the grand triumph the varied talents of Franklin, Adams, and Jay alike contributed. To the latter is due the credit of detecting and baffling the sinister designs of France; but without the tact of Franklin this probably could not have been accomplished without offending France in such wise as to spoil everything. It is, however, to the rare discernment and boldness of Jay, admirably seconded by the sturdy Adams, that the chief praise is due. The turning-point of the whole affair was the visit of Dr. Vaughan to Lord Shelburne. The foundation of success was the separate negotiation with England, and here there had stood in the way a more formidable obstacle than the mere reluctance of Franklin. The chevalier Luzerne and his secretary Marbois had been busy with Congress, and that body had sent well-meant but silly and pusillanimous instructions to its commissioners at Paris to be guided in all things by the wishes of the French court. To disregard such instructions required all the lofty courage for which Jay and Adams were noted, and for the moment it brought upon them something like a rebuke from Congress, conveyed in a letter from Robert Livingston. As Adams said, in his vehement way, "Congress surrendered their own sovereignty into the hands of a French minister. Blush! blush! ye guilty records! blush and perish! It is glory to have broken such infamous orders." True enough; the commissioners knew that in diplomacy, as in warfare, to the agent at a distance from his principal some discretionary power must be allowed. They assumed great responsibility, and won a victory of incalculable grandeur.

      The Spanish treaty.

      The course of the Americans produced no effect upon the terms obtained by France, but it seriously modified the case with Spain. Unable to obtain Gibraltar by arms, that power hoped to get it by diplomacy; and with the support of France she seemed disposed to make the cession of the great fortress an ultimatum, without which the war must go on. Shelburne, on his part, was willing to exchange Gibraltar for an island in the West Indies; but it was difficult to get the cabinet to agree on the matter, and the scheme was violently opposed by the people, for the heroic defence of the stronghold had invested it with a halo of romance and endeared it to every one. Nevertheless, so persistent was Spain, and so great the desire for peace on the part of the ministry, that they had resolved to exchange Gibraltar for Guadaloupe, when the news arrived of the treaty with America. The ministers now took a bold stand, and refused to hear another word about giving up Gibraltar. Spain scolded, and threatened a renewal of hostilities, but France was unwilling to give further assistance, and the matter was settled by England's surrendering East Florida, and allowing the Spaniards to keep West Florida and Minorca, which were already in their hands.

      The French treaty.

      By the treaty with France, the West India islands of Grenada, St. Vincent, St. Christopher, Dominica, Nevis, and Montserrat were restored to England, which in turn restored St. Lucia and ceded Tobago to France. The French were allowed to fortify Dunkirk, and received some slight concessions in India and Africa; they retained their share in the Newfoundland fisheries, and recovered the little neighbouring islands of St. Pierre and Miquelon. For the fourteen hundred million francs which France had expended