University of Virginia Library

MONDAY MARCH 24TH.

On the day preceding this, intelligence arrived which was this
day laid before Congs., that the Preliminaries for a general peace
had been signed on the 20th. of Jany. This intelligence was

brought, by a French Cutter from Cadiz despatched by Ct.
d'Estaing to notify the event to all vessels at sea, and engaged by
the zeal of the Marquis de la Fayette to convey it to Congress.[78]
This confirmation of peace produced the greater joy, as the preceding
delay, the cautions of Mr. Lauren's Letter of the 24 of Decr.
and the general suspicions of Ld. Shelburne's sincerity had rendered
an immediate & general peace extremely problematical in the
minds of many.

A letter was recd. from Genl. Carleton thro Genl. Washington inclosing
a copy of the Preliminary articles between G. B. & the
U. S., with the separate article annexed.

Mr. Carroll after taking notice of the embarrassment under
which Congs. was placed by the injunction of secrecy as to the
separate article after it had probably been disclosed in Europe
& it now appeared was known at N. York, called the attention
of Congs. again to that subject.

Mr. Wolcot still contended that it would be premature to take
any step relative to it, until further communications should be
recd. from our Ministers.

Mr. Gilman being of the same opinion, moved that the
business be postponed. Mr. Lee 2ded. it.

Mr. Wilson conceived it indispensably necessary that something
should be done; that Congs. deceived themselves if they
supposed that the separate art: was any secret at N. York after it
had been announced to them from Sr. Guy Carleton. He professed
a high respect for the character of the Ministers which had
received fresh honor from the remarkable steadiness and great
abilities displayed in the negotiations, but that their conduct
with respect to the separate article could not be justified. He

did not consider it as any violation of the instructions of June
15th. 1781, the Ct. de Vergennes having happily released them
from the obligation of it. But he considered it with the signing
of the preliminaries secretly as a violation of the spirit of
the Treaty of Alliance as well as of the unanimous professions to
the Court of France, unanimous instructions to our Ministers, &
unanimous declarations to the world, that nothing should be discussed
towards peace but in confidence and in concert with our
Ally. He made great allowance for the Ministers, saw how they
were affected and the reasons of it, but could not subscribe to
the Opinion that Congs. ought to pass over the separate article in
the manner that had been urged; Congs. ought he said to disapprove
of it in the softest terms that could be devised & at all
events not to take part in its concealment.

Mr. Bland treated the separate article with levity and ridicule;
as in no respect concerning France, but Spain with whom we had
nothing to do.

Mr. Carroll thought that, unless something expressive of our
disapprobation of the article & of its concealment, was done,
that it would be an indelible stain on our character.

Mr. Clarke contended that it was still improper to take any step,
either for communicating officially, or for taking off the injunction
of secrecy, that the article concerned Spain, and not France, but
that if it sd. be communicated to the latter she would hold herself
bound to communicate it to the former that hence an embarrassment
might ensue; that it was probably this consideration which
led the Ministers to the concealment, and he thought they had
acted right. He described the awkwardness attending a communication
of it under present circumstances; remarking, finally that
nothing had been done contrary to the Treaty, and that we were
in possession of sufficient materials[79] to justify the suspicions wch.
had been manifested.

Mr. Rutledge was strenuous for postponing the subject, said
that Congs. had no occasion to meddle with it that the Ministers
had done right, that they had maintained the honor of the U. S.
after Congress had given it up; that the manœuvre practiced by

them was common in all courts & was justifiable agst. Spain who
alone was affected by it; that instructions ought to be disregarded
whenever the public good required it; and that he himself would
never be bound by them when he thought them improper.

Mr. Mercer combatted the dangerous tendency of the Doctrine
maintained by Mr. Rutledge with regard to instructions; and observed
that the Delegates of Virga. havg. been unanimously
instructed not to conclude or discuss any Treaty of Peace but in
confidence & in concert with his M. C. M. he conceived himself
as much bound as he was of himself inclined to disapprove every
other mode of proceeding, and that he should call for the yeas &
nays on the question for his justification to his constituents.

Mr. Bland tartly said that he of course was instructed as well
as his colleague & sd. himself require the yeas and nays to justify
an opposite conduct, that the instructions from his constituents
went no farther than to prohibit any Treaty without the concurrence
of our Ally;[80] which prohibition had not been violated in
the case before Congress.

Mr. Lee was for postponing & burying in oblivion the whole
transaction; he sd. that delicacy to France required this; since if
any thing should be done implying censure on our Ministers, it must
& ought to be done in such a way as to fall ultimately on France
whose unfaithful conduct had produced & justified that of our
Ministers. In all national intercourse he said a reciprocity was
to be understood; and as France had not communicated her views
& proceedings to the American Plenipotentiaries, the latter were
not bound to communicate theirs. All instructions he conceived
to be conditional in favor of the public good; and he cited the
case mentioned by Sr. Wm. Temple in which the Dutch Ministers
concluded of themselves an Act which required the previous
sanction of all the members of the Republic.

Mr. Hamilton said that whilst he despised the man who wd. enslave
himself to the policy even of our Friends he could not but
lament the overweening readiness which appeared in many to
suspect everything on that side & to throw themselves into the
bosom of our enemies. He urged the necessity of vindicating

our public honor by renouncing that concealment to which it was
the wish of so many to make us parties.

Mr. Wilson in answer to Mr. Lee observed that the case
mentioned by Sr. Wm. T. was utterly inapplicable to the case in
question; adding that the conduct of France had not on the
principle of reciprocity, justified our Ministers in signing the provisional
preliminaries without her knowledge, no such steps
having been taken on her part. But whilst he found it to be his
duty thus to note the faults of these gentlemen, he with much
greater pleasure gave them praise for their firmness in refusing to
treat with the British Negotiator until he had produced a proper
commission, in contending for the fisheries, and in adhering to our
Western claims.

Congress adjourned without any question.