grounded on them. Others suppose that a ratification is essential, or at least proper. The latter description again are divided: some proposing to ratify them as articles, still contingent; others to ratify them as having taken effect in consequence of the preliminary articles between Great Britain and France. This variety and contrariety of interpretation arises, in a great measure, from the obscurity, and even contrariety, of the articles themselves.

DEAR SIR,

TO EDMUND RANDOLPH.

Philadelphia, April 22, 1783

is

I just understand that a frigate from France is at Chester, but what intelligence she brings, and particularly whether she brings a definitive peace, unknown. Several interesting questions are raised on the Preliminary Treaty. First, whether laws prohibiting British commerce, and which were to be in force during the war, are repealed or not? Another, of a similar nature, is, whether the enlist ments for the war are to be terminated by the latter or former treaty? Half the army under Washington is computed to be interested in this question.

The report for establishing a revenue, &c., passed Congress on Saturday. It has been defalcated of several clauses which were material, and which would have touched, in particular, the supposed interest of Virginia. Mr. Jefferson carried with him a copy of the plan as originally reported, and as it stood when he left us. It has undergone no material variation from the latter stage of it."

112

TO THOMAS JEFFERSON.

Philadelphia, April 22, 1783.

DEAR SIR,

The report on funds, &c., passed Congress on Saturday last, with the dissent of Rhode Island, and the division of New York only. The latter vote was lost by the rigid adherence of Mr. Hamilton to a plan which he supposed more perfect. The clause providing for unauthorized expenditures could not be reinstated; and, consequently, no attempt was made to link all the parts of the acts inseparably together. As it now stands, it has, I fear, no bait for Virginia, which is not particularly interested either in the object or the mode of the revenues recommended, nor in the territorial cessions, nor in the change of the constitutional rule of dividing the public burdens. A respect for justice, good faith, and national honor, is the only consideration which can obtain her compliance.

We have received no intelligence from abroad which deserves to be noted since your departure. The interval between the preliminary and definitive treaties has produced several new and interesting questions. One is, whether laws prohibiting commerce with British ports during the war have expired with the cessation of hostilities? A similar one is, whether the soldiers enlisted for the war are entitled to a discharge? At least half of the army under General Washington are under this description, and are urgent for such a construction of their engagements. A third question is, whether the preliminary treaty between France and Great Britain

has given such effect to the provisional articles between the latter and the United States as to require an execution of the stipulations in the sixth and seventh articles, or whether a definitive treaty only can produce this effect.

The system for foreign affairs is not yet digested, and, I apprehend, will be long on the anvil, unless the actual return of our Ministers from Europe should stimulate Congress on the subject."

113

TO EDMUND RANDOLPH.

DEAR SIR,

Philadelphia, April 29, 1783.

The definitive treaty, it is said, is to be remitted to the two Imperial Courts for their approbation, before the last hand will be put to it. This will be a mere compliment, however; and, as the parties have settled their interests without their intermediation, there can be no pretext, if there were a disposition, to meddle. It appears, from English gazettes, that Shelburne has been so pressed by the unpopu larity of some of the terms of peace, that he could not prevent a vote of the House of Commons, claring them to be disadvantageous and dishonorable. The consequence prognosticated is another change of the administration in favor of North's and Fox's parties, who have made a common cause against Shelburne.

de

The propositions relative to the national debt, with an address enforcing it, and referring to sundry documents, &c., is completed, and will soon be forwarded to the Legislatures.

DEAR SIR,

TO EDMUND RANDOLPH.

Philadelphia, May 6, 1783.

After a silence of four weeks, your favor of the twenty-sixth ultimo was particularly welcome. Your conjecture was but too well founded as to the compiler of the proclamation. The offensive passages were adverted to by some, but the general eagerness on the occasion, increased by some unavoidable delays, rendered all attempts to draw the attention of Congress to smaller inaccuracies unacceptable.

We have no late despatches from Paris, except a letter from Mr. Adams. We are informed from Madrid, by Mr. Carmichael and the Marquis de la Fayette, that that Court, since the British acknowledgment of our Independence, has dismissed its hauteur and reserve towards the United States, has treated the American Chargé d'Affaires with due attention, and has signified its acquiescence in the limits fixed by the provisional articles between the United States and Great Britain. The navigation of the Mississippi remains to be discussed.

Yesterday was fixed for an interview between General Washington and Sir Guy Carleton, for the purpose of taking arrangements for carrying the stipulations of the provisional articles into effect. The interview was proposed by the former, who intimated, that, as the evacuation of the post of New York was particularly interesting to the State of New York, Governor Clinton would accompany him on the interview. The answer of Carleton VOL. I.-34

imported that he did not decline the proposition, but suggested, that, as General Gray was expected with final orders, it might be best to postpone the conference, adding that he should be attended by Lieutenant-Governor Elliott and Chief Justice Smith."

TO THOMAS JEFFERSON.

Philadelphia, May 6, 1783.

DEAR SIR,

Congress have received a long letter from Mr. Adams, dated in February, addressed to the Secretary of Foreign Affairs. He animadverts on the revocation of his commission for a Treaty of Commerce with Great Britain; presses the appointment of a Minister to that Court with such a commission, &c., &c.

Letters from the Marquis de la Fayette and Mr. Carmichael show that the Court of Spain has become pretty tractable since the acknowledgment of our Independence by Great Britain. The latter has been treated with due respect, and the Court has agreed to accede to the territorial line it fixed for West Florida in the provisional articles. The navigation of the Mississippi remains to be settled.

My absence from Congress the past week disables me from giving you exact information of their latest proceedings. I am told that, in consequence of Mr. Adams's letter, the Secretary of Foreign Affairs has been instructed to project a treaty of commerce with Great Britain, which will probably bring the attention of Congress to the general department of foreign affairs.