USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. II > Part 3
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In March, 1777, the commissioners were instructed by congress "that in case France and Spain will enter into the war, the United States will assist the former in the conquest of the British sugar islands and the latter in the conquest of Portugal, promising the assistance of six frigates, manned, of not less than twenty-four guns each, and provisions equal to two million dollars, America desiring for her share only what Britain holds on the Continent." Of this order, Franklin said, "It is a pleasure to find the things ordered which we were doing without orders." Franklin sug- gested to Lee that, "It would be well to sound the court of Spain on the subject of permitting our armed ships to bring prizes into her ports and there dispose of them." Under date of April 7, Doctor Franklin submitted to the Count de Aranda, Spanish am- bassador to France, the proposition contained in the resolution of congress of December 39, 1776. (See supra. )
It is no doubt true that Mr. Deane while at Paris reflected the sense and temper of the United States. Accordingly, when he prepared his draft for the proposed treaty, he incorporated therein the wishes of the United States that their territory, at the conclu- sion of peace, should extend westward to the Mississippi and the Iberville, or in his own words should embrace "the possession of all that part of the continent of North America which by the last treaty of peace was ceded and confirmed to the Crown of Great Britain." This meant ali of the country eastward of the Missis- sippi and the Iberville including the two Floridas. Neither France nor Spain at the time offered any objection to the territory thus asked for by the American envoy. Neither did they on the other hand state that the territory asked for would be conceded by then. Mr. Deane's plan was abandoned because the conditons were not jet ripe for its adoption. But there is no question that the plan was the Foundation of deep thought on the subject of the claims which were sure to spring from the independence of the colonies. It apprised both france and Spain of the territory wanted by the United States. But the statesmen of Spain soon realized that it
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would not be impracticable, while the colonies were in sore straits, to secure the Floridas, one of which Spain had previously pos- sessed and both of which she again earnestly desired to gain, principally in order to strengthen her commerce on the Gulf. Inasmuch as she could not expect to gain them through the inde- pendence of the colonies, she assumed an attitude of austerity and chilliness toward the United States, with an intimation that the latter were claiming too much territory.
Under date of May 1, 1777, Doctor Franklin wrote, "The people of this country ( France) are almost unanimously in our favor. The government has its reasons for postponing the war, but is making daily the most diligent preparations wherein Spain goes hand in hand." And on May 25 he wrote, "The interest of France and Spain, in securing our friendship and commerce, seems daily more and more generally understood here, and we have no doubt of finally obtaining the establishment of that com- merce with all the formalities necessary."* 1949952.
But in spite of the efforts of the commissioners considerable time passed without the conclusion of a treaty with either France or Spain. Mr. I,ce wrote from Paris on December 8, 1777, "Our joint dispatches will inform you of the forwardness in which things are here towards the desired conclusion. In three weeks we shall hear from Spain, and all will, I hope, be settled. The late intelligence from America has staggered and confounded our enemies as much as it has elated and decided our friends." On December IS the commissioners wrote, "the great news of Bur- goyne's defeat and surrender apparently occasioned as much gen- eral joy in France as if it had been a victory of their own troops over their own enemies, such is the universal, warm and sincere good will and attachment to us and our canse in this nation." This news gave the commissioners an excellent opportunity to push their cause. The commissioners wrote, "M. Gerard, one of the secretaries, came yesterday to inform us, by order of the King, that after long and full consideration of our affairs and propositions in council it was decided, and his Majesty was deter- mined, to acknowledge our independence and make a treaty with ns of amity and commerce ; that in this treaty no advantage would be taken of our present situation to obtain terms from us which otherwise would not be convenient for us to agree to; . . that his Majesty was fixed in his determination not only to acknowledge, but to support our independence by every means in
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· Diplomatic Correspondence, seerel.
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his power ; that the only condition he should require and rely on would be this: That we in no peace to be made with long- land should give up our independence and return to the obedience of that government ; that as soon as the courier returned from Spain with the concurrences expected the affair would be pro- ceeded in and concluded ; that of this we might give the congress the strongest assurances in our dispatches, only cautioning them to keep the whole for the present a dead secret, as Spain had three reasons for not immediately declaring : Her money fleet not yet come home, her Brazil army and fleet the same, and her peace with l'ortugal not yet quite completed ; but these obstacles would probably soon be removed." Finally the commissioners wrote, on February 8, 1778, "We have now the great satisfaction of acquaint - ing you and the congress that the treaties with France are at length completed and signed " And in referring to Spain they said, "Spain being slow, there is a separate and secret clause, by which she is to be received into the alliance upon requisition, and there is no doubt of the event. " When we mention the good will of this nation to our cause we may add that of all Europe, which having been offended by the pride and insolence of Britain, wishes to see its power diminished; and all who have received , injuries from her are by one of the articles to be invited into our alliance. The preparations for war are carried on with immense activity and it is soon expected."
In the treaty of alliance between France and the thirteen colo- nies called the United States, concluded February 6, 1778, the fol- lowing article was adopted : |
"Article VIII. Neither of the two parties shall conclude either truce or peace with Great Britain without the formal con- sent of the other first obtained ; and they mutually engage not to lay down their arms until the independence of the United States shall have been formally or tacitly assured by the treaty or treaties that shall terminate the war."
On the same date, a separate and secret article between France and the United States reserved to the King of Spain the right to accede to the treaty and to participate in its stipulations whenever he should so desire, the Language used being as follows :
"Mle Most Christian King ( of France) declares, in consequence of the intimate union which subsists between him and the King of Spam, that in concluiding with the United States of America
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I Treaties of the United State .
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this treaty of amity and commerce, and that of eventual and defensive alliance, his Majesty hath intended, and intends, 10 reserve expressly, as he reserves by this present separate and secret act, to his said Catholic Majesty ( the King of Spain) the power of acceding to the said treaties, and to participate in their stipulations at such time as he shall judge proper. It being well understood, nevertheless that if any of the stipulations of the said treaties are not agreeable to the King of Spain, his Catholic Majesty may propose other conditions analagous to the principal aim of the alliance and conformable to the rules of equity, reci- prochy and friendship."
It was anticipated by the members of congress that, should the colonies gain their independence, their western bounds would most likely become the Mississippi river, because the dominions of ling- land extended to that stream. It was proper and rational, there- fore, for the members of that body to discuss, even to eventualities, the consequences and responsibilities of independence; accord- ingly the proceedings of congress are filled with references to and actions upon, the questions of navigating the Mississippi, the western and southern boundaries, the possession of the Floridas, etc. Some such reference was made, or action taken, during the years 1777 and 1778, and in 1779, on March 17 and 24, August 5, and September ().
In a conmmmication dated Paris, February 10, Mr. I.ec informed congress of the reasons for the cautious policy of Spain in postpening an alliance with the United States, which reasons were stated to be substantially as above given by Doctor Franklin. lle said, "When the treasure at sea arrives I have no doubt of their according to the treaties signed here and joining in the war." Ile also wrote, "I am given to understand that Spain will wish to have the possession of Pensacola secured to her in the treaty. I shali hope to receive the commands of congress upon that point as soon as possible. Perhaps congress may think that circun- stances are materially changed since the passing the resolve on this subject December 30, 1776, and that the Mississippi is likely to be the only permanent boundary between the two people." Everything seemed bright to the commissioners at this time, for on February 28 they wrote. "Our States have now a solid support for their liberty and independence in their alliance with France, which will certainly be followed by that of Spain and the whole house of Bourbon, and probably by that of Holland and the other Powers of Europe, who are interested in the freedom of commerce and in keeping down the power of Britain." Mr. Ice
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said on this date, "The chief reason that induced Spain to tem- porize subsists still, except the war with Portugal, which is hap- pily concluded by her accession to the family compact," but he also reported that three millions of livres, which had been prom- ised by Spain in addition to the sum previously loaned, was not forthcoming and no reason had been assigned for the delay. He also wrote on March 19. "It is altogether uncertain when it will be convenient for Spain to accede to the alliance. 'The court of Spain will, I apprehend, make some difficulties about set tling the dividing line between their possessions and those of the United States. They wish to have the cession of Pensacola."
As a matter of fact it was, no doubt, that at this time the deter- mination of Spain was formed to secure the Mississippi river com- merce and to avoid thereby future contentions with the United States growing ont of conflicting claims in that quarter. Mr. Lee wrote from Chaillot on March 17 that he "consulted the Spanish ambassador whether it could be determined with any degree of certainty how long it would be before the business 1 am pledged for with his court would require my presence. His answer was that it was altogether umcertain."
The King of France, on March 28, apointed M. Gerard, secre- tary of his council of state, minister plenipotentiary to the United States.+ In his instructions to M. Gerard, the king stipulated that considerations to be undertaken in favor of Sain would demand all the dexterity of the minister. "He ( M. Gerard) knows that that power ( Spain) has taken no part in the two treaties. though she has not opposed them, and that up to the present time she has said nothing of the conditions on which she may accede to them in the future. However, we have reason to think that she would desire to acquire the Floridas, a share of the fisheries of the banks of Newfoundland, and Jamaica. . The Floridas enter into the plans of conquest of the Americans. It will there- fore be necessary to prepare them for the contingency of a sur- render of their claims. The King charges M. Gerard with this in a particular manner, and his Majesty leaves entirely to his pru. dence the means to be employed to attain this object. Tt is only necessary to remind him that he must carefully avoid speaking in the name of Spain; for his Catholic Majesty has as yet said nothing relative to bis intentions and views. Moreover, M. Gerand knows the principal motives that make Spain desire the Floridas. He will give such efficacy to them as is in his
· Diplomatic Correspondence, secret.
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power, but if he cannot succeed in securing the whole territory, he will strive at least to obtain Pensacola and such parts of the coasts as are considered to be the most suited to the interests of the court of Madrid. The envoys of congress (in Paris) have proposed to the King to enter into an engagement to favor the con- quest by the Americans of Canada, Nova Scotia and the Floridas, and he has reason to think that congress has taken this project to heart. But the King has considered that the possession of those three countries, or at least of Canada, by England, will be an element of disquiet and anxiety to the Americans, which will make them feel the more the need they have of the alliance and the friendship of the King, and which it is not his interest to remove."
From the above it will be seen that neither France nor Spain pretended to have a conclusive claim to the Floridas. M. Gerard was instructed that "if he cannot succeed in securing the whole territory ( the Floridas)," he should strive to gain Pensacola at least, etc. The Floridas belonged to Great Britain and the ques- tion at once became paramount, to which nation should they pass in case they were wrested from that power? Congress realized their value to the United States and wanted them; Spain for the same reasons in her interests desired them; and France favored the wishes of Spain. Their acquisition was thus an open ques- tion to be determined by subsequent negotiations and maneu- vers.
It soon became a mystery to Mr. Lee what had caused the changed attitude of the Spanish authorities. The payment of the additional money that had been promised was deferred ; the formation of an alliance with the United States on the basis of the French treaty was postponed ; and in March 1778, there was clearly perceptible a steady coldness toward the Americans. Unquestionably, the approaching and inevitable contention over the spoils of the war in America was being comprehended and anticipated by the Spanish ministry. Mr. Lee wrote on April 2, "I have never been able to learn to what was owing the sudden change in the favorable disposition of the Spanish court during my absence in Germany." On April 5 he wrote, "Having pressed the matter of supplies with Spain, I received an answer yesterday that endeavors would be used to send you succors through the Hlavana. The present critical situation of that court renders them averse to being more particular or to have applications made to them, but I think they will not long remain under this embarrass- ment." Spain had, unquestionably, made her wants in America known to France and the latter expected to secure them if not
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otherwise, through M. Gerard, in accordance with the instructions of the French monarch. But all of this was, of course, und nown to the American ministers, whose wishes to secure an alliance with Spain were father to the thought. It is true that Mr. Icc suspected that the Mississippi question had something to do with the Spanish coldness, but of this he had no positive assurance. Upon the reception of the French treaty in America, congress, though ratifying it, expressed a wish to have the eleventh and twelfth articles expunged wholly from the treaty, because of contentions that might arise. This was finally agreed to by France.
Under date of May 18, 1778, Mr. Ralph Izard, who had been appointed United States commissioner to the court of Tuscany, wrote from Paris to Mr Lee that, "The fifthi article of the treaty of alliance ( with France ) has given me a great deal of uneasiness, as it seems to have been intended to exclude the United States of America from possessing themselves of the two Floridas. . The article is as follows: 'Hi the United States should think fit to attempt the reduction of the British power remaining in the northern parts of america, or the islands of Bermudas, those countries of islands, in case of success, shall be confederated with or dependent upon the said United States.' I had the honor of stating my apprehensions to you and the other commissioners at Passay on the 3d instant. Doctor Franklin did not think they were well founded, not that any such construction could possibly be put upon the article. North America, he said, strictly speak- ing, comprised all parts of the continent north of the equator, and the Floridas, being in the latitude of thirty degrees north, would be comprehended within the meaning of the words 'northern parts of America.' I thought it would be best to put it out of all doubt, by getting that explanation of the words under the hands of the French ministry, especially as they would at least admit of dispute, and might in future produce disagreeable consequences. Doctor Franklin said that congress had given some instructions respecting the cession of part of Florida to Spain, and objected to making any application on the subject to the French ministry, as it might be taken ill, and added if my apprehensions were ever so just, it was too late for any remedy in France, but that the commissioner for the court of Madrid might guard any bad con- sequences in the treaty which he had to conclude with that court. The resolution of congress of the 30th of December, 1776, to which Doctor Franklin alluded, extends only to the town and har- bor of l'ensacola, and circumstances are much changed in Amer-
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ica since that resolution was made. It declares 'that if his Cath- olie Majesty will join with the United States in a war against Great Britain, they will assist in reducing to the possession of Spain the town and harbor of Pensacola.' Had Spain complied with the request, had she stood forth our friend in the day of distress, the offer made by congress might with propriety have been claimed. She did not declare war against Great Britain, and I do not know that she has done anything yet to entitle her to any great share of our gratitude. . If the words were meant to exclude the United States from the acquisition of the Floridas, it must have been intended for the benefit of Spain, and therefore the less likely was it to obtain any satisfaction from that quarter. The article expresses the intentions of the framers of it very distinctly : 'li the United States should think fit to attempt the reduction of,' not the northern parts of America but 'the British power remaining in the northern parts of America.' This power, without taking notice of an inconsider- able settlement on the Mosquito coast, or of Hudson Bay, may be said to have extended from the most southern point of Florida to the most northern part of Canada; and I am of opinion that the United States will not be satisfied if any attempts are made to circunscribe their possessions within narrower limits.">
He continued with astonishing insight to penetrate the real intentions of the French ministry, as revealed in the instructions of the king to Al. Gerard. He seems to have been the only one to construc properly the article in question and to perceive the designs of France, unless, perhaps, the others, perceiving, thought it wiser rather to take chances of the future as regards territory than run the risk of incurring the suspicion of ill will of that country. He went on to say, "The eighth article of the original treaty approved of by congress in September, 1776, and trans- mitted by them to the commissioners at this court ( Paris), not only confirms me in this opinion, but throws great light upon the intentions of the French ministry. It is as follows: "The most Christian King shall never invade, nor under any pretense attempt to possess himself of, Labrador, New Britain, Nova Scotia, Acadia, Florida, nor any of the countries, cities, or towns on the continent of North America ; nor of any of the islands of New- foundland, Cape Breton, St. Johns, Anticosti, nor any other island lying near to the said continent in the seas, or in any gulf, hay, or river, it being the true intent and meaning of this treaty that
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the said United States shall have the sole, exclusive, undivided and perpetual possession of all the countries, cities, and towns on said continent, and of all island's near to it which now are, or lately were, under the jurisdiction of, or subject to, the king or crown of Great Britain, whenever they shall be united or confed- erated with the said United States.' These words admit of no mistake; no hidden meaning is concealed under them, nor could there be any possibility of contentions respecting the countries therein described had they been inserted in the treaty. With all due deference to Doctor Franklin, I cannot help declaring that I am firmly persuaded that the court of France would not have sub . stituted the eighth article in the place of the above if they had not had some designs contrary to the intentions of congress, so clearly expressed in their ninth article."
Hle continued with a conclusion which, in the end, proved abso- lutely correct : "Ilis most Christian Majesty, in the eleventh arti- cle of the treaty of alliance, does not guarantee generally to the United States their possessions, and the additions or conquests that their confederation may obtain during the war from any of the dominions now or hereafter possessed by Great Britain in North America, but stipulates that the guaranty shall only be con- formable to the fifth and sixth articles. The latter of these con- tains nothing but a renunciation on the part of France, of the islands of the Bermudas, and of the whole continent of North America. As France does not pretend to any claim upon the Floridas, this renunciation am, in no respect, affect those Prov- inces. Spain, who was at the peace of 1763 obliged to cede them to Great Britain, may be desirons of resuming them, and the fifth article in the treaty of alliance seems to lay the foundation of such a claim. Should that event ever take place it would prove extremely prejudicial to the interests of the United States in gen- eral, but particularly to those of the South. Spain would, by that means, have a direct communication with the Indians on our frontier, and have it in her power to disturb our settlements when- ever she pleased. Florida was never of any advantage to Spain when in ber possession, nor is it probable it ever would be were it so again but it will be of the greatest importance to the United States, on account of security, which in all negotiations has been thought a sufficient reason for a claim, though no right existed, which is not the case in the present instance. .
This is a matter of great consequence, but, however just my appre- hensions may be on this point also, I fear it is now too late to receive any satisfactory explanation respecting it at this court,
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and we must again turn our eyes towards you for relief. If the court of Madrid could be prevailed upon to guarantee the Floridas and these islands also to the United States, you would render an essential service to your country."
It will not answer to dismiss the criticisms of Messrs. Lee and Izard of the treaty with France, with a declaration of the purity and integrity of Doctor Franklin. Any misunderstanding between the American envoys cannot affect the merits or demerits of the treaty stiulpations. The criticisms of Mr. Izard, at least, were remarkably acute and correct and his predictions were sub- stantially falfilled. It is not improbable, therefore, that the French ministry purposely left an opening, through which the Spanish court might secure an advantage in the Floridas. This is well substantiated by the strong instructions given M. Gerard by the King of France in favor of gaining the Floridas, not for France, but for Spain. France desired the co-operation of Spain in the struggle which the French goverment and the United States were making against Great Britain, and hence it is not improb- able that she intentionally left an opening in the treaty in order to pave the way to satisfy Spain and to secure lier active alliance. This conclusion in no wise reflects upon the purity and integrity of Doctor Franklin, because the consideration of securing the alliance with France outweighed all technicalities, and rightly so, in the mind of Doctor Franklin, and he would rather have accepted an imperfect treaty than none at all.
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