The Diplomatic Correspondence of the American Revolution Volume VIII Part 22

"On the 24th of December, 1607, they wrote to the Archduke, that under the _protest and declaration_ contained in the answer of the 2d of November, they were content to enter into conferences with his Deputies at the Hague, and proposed to prolong the truce a month or six weeks.

"On the 7th of January, the answer of the Archduke arrived, in which he calls the States, '_tres chers et bons amis_.' He observed, that he had learnt from their letter of the 24th of December, the resolution they had taken to enter into conferences with his Deputies about peace, and, in the meantime, to prolong the truce for a month or six weeks.

"That as to the first point, he had appointed for the said conferences the same persons whom he had before employed, and that they should set out the 15th of January, and that as to the truce, he was content to prolong it for six weeks.

"On the 6th of February, 1608, the Deputies of the States, and those of the Archduke, had their first meeting to exhibit their respective credentials. The Deputies of the Archduke produced two, one from him, and the other from the King of Spain.

"On the 8th of February, 1608, the Deputies of both parties had their second meeting. Those of the States asked the others if they were fully instructed (_encharges_) _to acknowledge the United Provinces to be free Provinces and countries, and to treat with them in that capacity_, to which they explicitly (_rondement_) answered, _yes_. The Dutch Deputies thereupon asked, why then the Archduke retained the arms and name of the said Provinces? They then replied, that it ought not to seem strange, for that the King of Spain retained the t.i.tle of King of Jerusalem; the King of France that of King of Navarre, and the King of England retained the arms and t.i.tle of France.

"On the 11th of February, 1608, they met again; the Deputies of the States presented to the others an article, which they had drawn up, by which the 'Provinces were declared to be free, and that the King of Spain and the Archdukes relinquished all their pretensions to the sovereignty of the said Provinces, &c. as well for themselves as for their successors and heirs, _with the name and arms_.'

"The others received the article and took time to consider of it, on which the meeting was adjourned. They immediately despatched a courier with a copy of it to Brussels, and received an answer on the 13th.

They complained, however, to the Amba.s.sadors of France and Great Britain, &c. of the States being _so precise_ in that article.

"On the 13th of February, 1608, in the afternoon, the Deputies again a.s.sembled, and those of the Archduke _consented to the article as it was drawn up_, with reserve, nevertheless, that in case all the other points should be agreed upon, _they hoped_ the States would do something for the King of Spain and the Archduke respecting the Indies, &c.

"On the 15th of February they again met; they agreed on the points of amnesty and oblivion; but on treating of reciprocal free trade and navigation to each other's ports and countries, the Deputies of the Archduke declared, that they did not mean to comprehend in that free trade, _the navigation to the Indies_ and all the fortresses there, but, on the contrary, that all the subjects of these countries should _forthwith desist therefrom_. The Dutch Deputies opposed _this strongly and firmly_, saying, that it would prejudice the liberty of the Provinces and _the free use of the sea_, and, therefore, that they were not authorised to relinquish it. The others continued firm in their demand, and after long debates the Deputies separated.

"On the 19th, 23d, and 27th of February, and 4th of March, 1608, the Deputies met, but, except debating, did nothing, both parties continuing firm and resolved not to cede anything.

"The Deputies of Spain, finding they could not carry the point as to the Indies, declared, at length, that they would consult together on a proposition to make a truce for some years respecting the navigation, and that they were ready to go on to the other points, and try to agree upon some of them.

"On the 7th of March, they exchanged heads of articles for consideration. On the 11th and 12th of March they again met, and had fruitless debates about a _free navigation to the Indies, &c._ The Marquis Spinola proposed that the subject should be divided, and that two sets of propositions should be prepared, one for the navigation in Europe and the other for the Indies.

"On the 17th of March they again met, and the Dutch Deputies offered to the others two sets of propositions as had been proposed; they received them for consideration; but, after debate, they declared that they could not agree to them, and that they must make a journey to Spain for further instructions; for this reason the truce was prolonged to the end of May.

"The truce was continued from time to time, and sundry fruitless meetings held; but, on the 20th of August, 1608, the Deputies a.s.sembled; 'the Spanish ones declared, that they had lately received full instructions on the several points in question, viz. _that the King and Archduke were content to quit the sovereignty of the United Provinces_; but that he required two points to be yielded by the States by way of compensation, viz. the re-establishment of the Roman Catholic religion in every place in the Provinces, and that they should immediately _desist from all navigation both to the East and West Indies_.'

"The Dutch Deputies reported this to the States-General. On the 25th of August, the States-General made a long and spirited declaration on the subject of this report, resolving against negotiating any longer, and they ordered a copy of it to be delivered to the Spanish Deputies.

"On the 27th of August 1608, the Amba.s.sadors of France and England, &c. came to the States-General and endeavored to prevail upon them to agree to a long truce.

"On the 30th of August, the States expressed their readiness to agree to a long truce, provided, the adverse party 'would _so absolutely acknowledge them for free countries, as that it should not be questioned after the expiration of the truce_, that otherwise they could not listen to a truce.'

"On the 3d of September, the Spanish Deputies said they had no instructions to treat of truce, in acknowledging the United Provinces to be absolutely free, and _permitting the navigation to the Indies_, but that they had sent the proposition to Brussels, in order to have further instructions.

"On the 7th of September, they received an answer from Brussels, and they declared, that they had no instruction to agree to a long truce with the States, on condition to acknowledge them to be States absolutely free, and without comprehending the re-establishment of the Roman religion, and the relinquishment of _all navigation to the Indies_, but that the Archduke would send the proposition to Spain, from whence he might expect an answer by the end of September.

"They then proposed either to wait for the answer of Spain, or continue the present truce for seven years, observing, that it had been made with an express declaration to hold the United Provinces for free countries, and that as to the trade to the Indies, the Archduke would promise to _get it ratified by the King of Spain for that s.p.a.ce of time_.

"The States unanimously rejected this new proposition, but gave them the time they had demanded for the answer of Spain. On the 28th of September, the Spanish Deputies applied to the Amba.s.sadors of France, &c. to ask ten days more from the States. The Amba.s.sadors agreed to do it _in the name of the Deputies_, but they declined it.

"On the last of September they took their leave.

"The States-General became possessed by accident of the instructions given to Spinola, and the other Deputies; they were signed by the Archdukes, and dated at Brussels, the 6th of January, 1608. They were thereby instructed to insist on the free exercise of the Roman Catholic religion.

"As to independence the instructions say;

'As to the subject of liberty, since you know what we have granted, make no difficulty of arranging it as they wish; doing or saying nothing in opposition, which may make them suspect that we desire to revoke our declaration on that point, as we are determined to abide by it in all respects.'

"These instructions also directed them to insist, that the States should renounce, and entirely and absolutely desist from the trade of the East and West Indies, and should agree to punish those who might undertake such voyages, &c. &c.

"On the departure of the Spanish Deputies, the Amba.s.sadors of France and Great Britain endeavored to prevail upon the States-General to listen to a truce, and proposed to their consideration certain articles, which they had prepared. The States after much deliberation, agreed to enter into further negotiations on that subject.

"On the 25th of March, 1609, the Deputies of both parties met at Antwerp, and on the 9th of April following, a truce for twelve years was concluded upon. It was forthwith ratified by the States and the Archdukes, and published on the 14th of April.

"On the 7th of July, 1609, at Segovia, the King of Spain explicitly and without reserve ratified this truce, viz.

'His Majesty having seen the contents of the articles of truce and capitulation, which his dear and well beloved brothers, the Archdukes Albert and Isabella Clara Eugene have sent him, concerning the truce granted in the name of his Majesty, by his representative, and in that of their Highnesses by themselves, to the States-General of the United Provinces of the low countries, and having maturely considered it, declares that he applauds, approves, confirms, and ratifies the said truce, in so much as concerns him, &c.'

"The first article of this truce was in the words following.

'First, the abovementioned Archdukes declare, in their own name and in that of the King, that they are content to treat with the said States-General of the United Provinces, in the character of, and holding them for a free country, estates, and provinces, over which they have no claims, and to make a truce with them in the name and under the character above described; and this they do on the conditions hereinafter described and declared by these presents.'

"On the 30th of January, 1648, a treaty of peace was concluded between Spain and the United Provinces.

"The full powers or commission given by the King of Spain to his plenipotentiaries for making this peace, were dated near two years before, viz. 7th of June, 1646, and they show clearly, that he negotiated with those Provinces as with independent States, on that occasion.

"The tenor of this commission is very different from that of Mr Oswald. The following is an extract from it.

'All the powers, which are concerned in this war, having by common consent chosen the city of Munster as a place for holding the Congress and negotiations for the peace aforesaid; we have thought proper to name plenipotentiaries there to treat with the States of the free Provinces of the low countries, or with their Amba.s.sadors and plenipotentiaries, authorised and deputed for this purpose, &c.'

"From this detail it appears, that the Dutch ever after their declaration of independence, in July, 1581, uniformly treated with the neighboring nations on an _equal footing_, and also that they constantly and firmly refused to negotiate either for truce or peace with Spain, until she consented to treat with them in _like manner_.

"We forbear engaging your Excellency's time and attention by the application of these facts and conclusions, to the case of our country. We are persuaded, that the similarity between the two will not escape your discernment, and that we shall not be thought singular in our opinion, that the example of the United Provinces merits at least in these respects the imitation as well as the approbation of the United States of America.

"But, Sir, we not only think it inconsistent with the dignity of the United States to treat with Britain in the humiliating manner proposed, but also that it would be repugnant to their interest.

"The respect of other nations is undoubtedly of importance to America; but, Sir, if she ceases to respect herself, how can she expect to respected by others?

"America has taken and published n.o.ble and manly resolutions to support her independence, at every hazard. She has. .h.i.therto done it, and would it be for her interest to quit the ground for which she has lost so much of her blood, merely to accommodate herself to the high-blown pride of an enemy? Sir, the very proposition carries with it insult, and therefore bears strong marks of _insincerity_.

"But suppose that the United States should descend from their present ground of equality, in order to treat with Mr Oswald, and that our negotiations should be _fruitless_. In what an awkward situation should we then be? We should find ourselves betrayed by our too great pliancy, and our too great desire of peace, to the ridicule of our enemies, the contempt of other nations, and the censure of our own minds. What a page would this make in history.

"As to Mr Oswald's offer to make an acknowledgment of our independence the first article of our treaty, and your Excellency's remark, that it is sufficient, and that _we are not to expect the effect before the cause_, permit us to observe, that by the _cause_, we suppose, is intended the _treaty_, and by the _effect_, an acknowledgment of our independence. We are sorry to differ from your Excellency, but, really, Sir, we cannot consider an acknowledgment of our independence as a subject to be treated about; for while we feel ourselves to be independent in fact, and know ourselves to be so of right, we can see but one cause from whence an acknowledgment of it can flow as an effect, viz. _the existence and truth of the fact_. This cause has long existed and still exists, and, therefore, we have a right to expect that Great Britain will treat with us being what we are, and not as what we are not. To treat about this matter, would be to suppose that our independence was incomplete until they p.r.o.nounced it to be complete. But we hold it to be complete already, and that as it never did, so it never will, or must depend in the least degree, on their will and pleasure. To us there appears to be a wide distinction between their acknowledging the United States to be independent, and their renouncing their pretended, though troublesome claims; the former being a pre-existing fact, cannot depend upon, and, therefore, is not a proper subject for a treaty; but to renounce or not to renounce a claim, whether good or bad, depends on the will of him who makes and prosecutes it; and, therefore, like other matters of interest and convenience, is a proper subject for bargains and agreements between those who trouble their neighbors with such claims, and their neighbors who are troubled by them; and who, for peace sake, may choose to continue the law-suit, unless their future quiet is secured by a quit claim."

I think it was on the 24th of September, that I was informed of the intention of the British Court to give Mr Oswald such a new commission as had been recommended.

On the 26th of September, I went to pay a visit to the Count de Vergennes, at Versailles. I found the Marquis de Lafayette in the ante-chamber, and the Amba.s.sador of Spain shortly after entered. After some common conversation, the Amba.s.sador asked me when we should proceed to do business. I told him as soon as he should do me the honor of communicating his powers to treat. He asked me whether the Count de Florida Blanca had not informed me of his being authorised. I admitted that he had, but observed, that the usual mode of doing business, rendered it proper that we should exchange certified copies of our respective commissions. He said that could not be expected in our case; for that Spain had not yet acknowledged our independence. I replied, that we had declined it, and that France, Holland, and Britain, had acknowledged it. Here the Marquis de Lafayette took up the subject, and it continued between him and the Amba.s.sador, till the Count de Vergennes came in. The Marquis told the Amba.s.sador among other things, that it would not be consistent with the dignity of France, for her ally to treat otherwise than as independent. This remark appeared to me to pique the Count d'Aranda not a little.

The Count de Vergennes, on coming in, finding the conversation earnest, inquired whether we could not agree. The Amba.s.sador stated my objections. The Count said I certainly ought to treat with the _Amba.s.sador_, and that it was proper we should make a treaty with Spain in the same manner that we had done with France. I told him, I desired nothing more; and that the commission to M. Gerard, and the reason a.s.signed by this Court to the King of Great Britain for entering into alliance with us, pointed out both the manner and the principles, which were observed and admitted on that occasion. The Count did not seem pleased with my allusion to the communication made of our alliance to England. He observed, that Spain did not deny our independence, and he could perceive no good reason for my declining to confer with the Amba.s.sador about a treaty, without saying anything about our independence, an acknowledgment of which would naturally be the effect of the treaty proposed to be formed. I told the Count, that being independent, we should always insist on being treated as such, and, therefore, it was not sufficient for Spain to forbear denying our independence while she declined to admit it, and that notwithstanding my respect for the Amba.s.sador, and my desire of a treaty with Spain, both the terms of my commission and the dignity of America forbid my treating on any other than an _equal footing_.

The Count carried the Amba.s.sador into his cabinet, and when he retired, I was admitted.

The Count commenced the conversation, by explaining the reason of sending M. Rayneval to England, which he said was, that by conversing with Lord Shelburne about peace and matters connected with it, he might be able to judge whether a pacific disposition really prevailed in the British Court, and, therefore, whether any dependence might be placed in his Lordship's professions on that head; that he was satisfied with M. Rayneval's report, and that he believed that Lord Shelburne was sincerely desirous of peace.

A few words then pa.s.sed about Mr Oswald's new commission; the Count observing in general terms, that as it removed our former objections, we might now go on to prepare our preliminaries.