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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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WEDNESDAY 12, TH. 13, F. 14, S. 15 OF MARCH.
 
 
 
 
 
 
 
 
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WEDNESDAY 12, TH. 13, F. 14, S. 15 OF MARCH.

These days were employed in reading the despatches brought
on Wednesday morning by Capt. Barney commanding the Washington
Packet. They were dated from Decr. 4 to 24, from the
Ministers Plenipo: for peace, with journals of preceding transactions,
and were accompanied by the Preliminary articles signed
on the 30th. of Novr., between the said Ministers & Mr. Oswald
the British Minister.

The terms granted to America appeared to Congs. on the whole
extremely liberal.[68] It was observed by several however that the


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stipulation obliging Congs. to recommend to the States a restitution
of confiscated property, altho' it could scarcely be understood
that the States would comply, had the appearance of sacrificing
the dignity of Congs., to the pride of the British King.

The separate & secret manner in which our Ministers had proceeded
with respect to France & the confidential manner with
respect to the British Ministers affected different members of
Congs. very differently. Many of the most judicious members
thought they had all been in some measure ensnared by the dexterity
of the British Minister; and particularly disapproved of
the conduct of Mr. Jay in submitting to the Enemy his jealousy
of the French without even the knowledge of Dr. Franklin, and
of the unguarded manner in which he, Mr. A. & Dr. F., had given
in writing sentiments unfriendly to our Ally, and serving as
weapons for the insidious policy of the Enemy. The separate
Article was most offensive, being considered as obtained by G. B.


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not for the sake of the territory ceded to her, but as a means of
disuniting the U. S. & France, as inconsistent with the spirit of
the Alliance, and a dishonorable departure from the candor rectitude
& plain dealing professed by Congs.. The dilemma in wch.
Congs. were placed was sorely felt. If they sd. communicate to the
F. Minister every thing they exposed their own Ministers, destroyed
all confidence in them on the part of France & might
engage them in dangerous factions agst. Congs., which was the more
to be apprehended, as the terms obtained by their management
were popular in their nature. If Congs. sd. conceal every thing, &
the F. Court sd. either from the Enemy or otherwise come to the
knowledge of it all confidence wd. be at an end between the allies;
the enemy might be encouraged by it to make fresh experiments,
& the public safety as well as the national honor be endangered.
Upon the whole it was thought & observed by many that our
Ministers particularly Mr. Jay, instead of making allowances for
& affording facilities to France in her delicate situation between
Spain & the U. S., had joined with the enemy in taking advantage

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of it to increase her perplexity; & that they had made the safety
of their Country depend on the Sincerity of Ld. Shelburne, which
was suspected by all the world besides, and even by most of themselves.
See Mr. L's. letter Decr. 24th.

The displeasure of the French Court at the neglect of our Ministers
to maintain a confidential intercourse & particularly to
communicate the preliminary articles before they were signed,
was not only signified to the Secy. of F. A., but to sundry members
by the Chevr. de la Luzerne. To the former he shewed a letter
from Ct. de Vergennes directing him to remonstrate to Congs. agst.
the conduct of the American Ministers; which a subsequent letter
countermanded alledged that Docr. F. had given some explanations
that had been admitted; & told Mr. Livingston that the
American Ministers had deceived him (de Vergennes) by telling
him a few days before the preliminary articles were signed, that
the agreement on them was at a distance; that when he carried
the articles signed into Council, the King expressed great indignation,
& asked if the Americans served him thus before peace
was made, & whilst they were begging for aids, what was to be
expected after peace &c. To several Members he mentioned that
the King had been surprised & displeased & that he said he did
not think he had such allies to deal with. To one of them who
asked whether the Ct. of F. meant to complain of them to Congs.,
M. Marbois answered that Great Powers never complained but that
they felt & remembered. It did not appear from any circumstances
that the separate article was known to the Court of F., or to the
Chevr. de la Luzerne.

The publication of the preliminary articles excepting the separate
article in the Newspaper was not a deliberate act of Congs.. A
hasty question for enjoining secrecy on certain parts of the despatches
which included those articles, was lost; and copies havg.
been taken by members & some of them handed to the Delegates
of Pena., one of them reached the printer. When the publication
appeared Congs. in general regretted it, not only as tending too much
to lull the States, but as leading France into suspicions that
Congress favored the premature signature of the articles and were
at least willing to remove in the minds of the people the blame of
delaying peace from G. B. to France.

 
[68]

"Capt. Barney commanding the American packet boat which has been long
expected with official intelligence from our Ministers in Europe arrived here
this morning. He brings a supply of money the sum of which I cannot as yet
specify & comes under a passport from the King of G. B. The despatches from
our Ministers are dated the 5, 14 & 24 of Decr.. Those of the 14th. inclose a
copy of the preliminary articles, provisionally signed between the American &
British Plenipotentiaries. The tenor of them is that the U. S. shall be acknowledged
& treated with as free, sovereign & independt.; that our boundaries shall
begin at the mouth of the St. Croix, run thence to the ridge dividing the waters
of the Atlantic from those of St. Laurence, thence to the head of Cont. river,
thence, down to 45° N. L. thence to Cadaraqui; thence thro' the middle of
Lakes Ontario, Erie, Huron, & Superior, to Long Lake to the Lake of the
Woods & thence due W. to the Missipi., thence down the middle of the river to
L. 31, thence to Apalachicola, to Flint river, to St. Marys, & down the same to
the Atlantic; that the fisheries shall be exercised nearly as formerly; that
Congress shall earnestly recommend to the States a restitution of confiscated
property, a permission to the refugees to come & remain for 1 year within the
States to solicit restitution, and that in the most obnoxious cases restitution
may be demanded of purchasers on reimbursing them the price of the property,
that debts contracted prior to 1775 shall be mutually paid according to sterling
value; that all prisoners shall be mutually set at liberty, troops withdrawn & all
records & papers restored; that the navigation of the Mississippi, from the
source to the mouth, shall be mutually free for the subjects of G. B. & the Citizens
of America, a proposition comprehending the W. I., was offered on the
subject of Commerce, but not admitted on the part of G. B.

"In the course of the negotiation G. B. contended for not only the limits
marked out in the Quebec Act, but all ungranted soil, for a contraction of the
fisheries, and for absolute stipulations in favor of the loyalists.

"The despatches of the 14th. Speak also of the principal preliminaries between
F. & G. B. being settled; but of little progress being made in those between
Hold. & Spn., & the latter; & of none between Spn. & the U. S.

"A letter of the 24th. of Decr. from Dr. Franklin varies the scene somewhat. It
says that uncertainties were arising from the unsettled state of minds in England
& incloses a letter from the Ct. de Vergennes, observing that difficulties
had arisen from the very facilities yielded on the part of France; & concluding
with these words as well as I can recollect, 'Je ne désespère pas; J'espère
plutôt; mais tout est incertain.'

"Franklin's correspondence on this occasion denotes a vigor of intellect, which
is astonishing at his age. A letter to the British Minister on the case of the
Tories in particular is remarkable for strength of reasoning of sentiment & of
expression. He concludes his letter to Congs. with observing that he is now
entering on his 78th. year, 50 of which have been spent in the public Service and
that having lived to see like Simeon of old the salvation of his Country his
prayer is that he may be permitted to retire from public life. Mr. Adams has
also transmitted his resignation.

"The arrival of this intelligence will probably procure from Congs. some final
decision with respect to Mr. Jefferson."—Madison to Edmund Randolph,
March 12, 1783. Mad. MSS.