detects the schemes of Vergennes.
Jay soon began to suspect the designs of the French minister. He found that he was sending M. de Rayneval as a secret emissary to Lord Shelburne under an assumed name; he ascertained that the right of the United States to the Mississippi valley was to be denied; and he got hold of a dispatch from Marbois, the French secretary of legation at Philadelphia, to Vergennes, opposing the American claim to the Newfoundland fisheries. As soon as Jay learned these facts, he sent his friend Dr. Benjamin Vaughan to Lord Shelburne to put him on his guard, and while reminding him that it was greatly for the interest of England to dissolve the alliance between America and France, he declared himself ready to begin the negotiations without waiting for the recognition of independence, provided that Oswald's commission should speak of the thirteen United States of America, instead of calling them colonies and naming them separately. This decisive step was taken by Jay on his own responsibility, and without the knowledge of Franklin, who had been averse to anything like a separate negotiation with England. It served to set the ball rolling at once. After meeting the messengers from Jay and Vergennes, Lord Shelburne at once perceived the antagonism that had arisen between the allies, and promptly took advantage of it. A new commission was made out for Oswald, in which the British government first described our country as the United States; and early in October negotiations were begun and proceeded rapidly. On the part of England, the affair was conducted by Oswald, assisted by Strachey and Fitzherbert, who had succeeded Grenville. In the course of the month John Adams arrived in Paris, and a few weeks later Henry Laurens, who had been exchanged for Lord Cornwallis and released from the Tower, was added to the company. Adams had a holy horror of Frenchmen in general, and of Count Vergennes in particular. He shared that common but mistaken view of Frenchmen which regards them as shallow, frivolous, and insincere; and he was indignant at the position taken by Vergennes on the question of the fisheries. In this, John Adams felt as all New Englanders felt, and he realized the importance of the question from a national point of view, as became the man who in later years was to earn lasting renown as one of the chief founders of the American navy. His behaviour on reaching Paris was characteristic. It is said that he left Count Vergennes to learn of his arrival through the newspapers. It was certainly some time before he called upon him, and he took occasion, besides, to express his opinions about republics and monarchies in terms which courtly Frenchmen thought very rude.
Franklin overruled by Jay and Adams.
The arrival of Adams fully decided the matter as to a separate negotiation with England. He agreed with Jay that Vergennes should be kept as far as possible in the dark until everything was cut and dried, and Franklin was reluctantly obliged to yield. The treaty of alliance between France and the United States had expressly stipulated that neither power should ever make peace without the consent of the other, and in view of this Franklin was loth to do anything which might seem like abandoning the ally whose timely interposition had alone enabled Washington to achieve the crowning triumph of Yorktown. In justice to Vergennes, it should be borne in mind that he had kept strict faith with us in regard to every point that had been expressly stipulated; and Franklin, who felt that he understood Frenchmen better than his colleagues, was naturally unwilling to seem behindhand in this respect. At the same time, in regard to matters not expressly stipulated, Vergennes was clearly playing a sharp game against us; and it is undeniable that, without departing technically from the obligations of the alliance, Jay and Adams – two men as honourable as ever lived – played a very sharp defensive game against him. The traditional French subtlety was no match for Yankee shrewdness. The treaty with England was not concluded until the consent of France had been obtained, and thus the express stipulation was respected; but a thorough and detailed agreement was reached as to what the purport of the treaty should be, while our not too friendly ally was kept in the dark. The annals of modern diplomacy have afforded few stranger spectacles. With the indispensable aid of France we had just got the better of England in fight, and now we proceeded amicably to divide territory and commercial privileges with the enemy, and to make arrangements in which the ally was virtually ignored. It ceases to be a paradox, however, when we remember that with the change of government in England some essential conditions of the case were changed. The England against which we had fought was the hostile England of Lord North; the England with which we were now dealing was the friendly England of Shelburne and Pitt. For the moment, the English race, on both sides of the Atlantic, was united in its main purpose and divided only by questions of detail, while the rival colonizing power, which sought to work in a direction contrary to the general interests of English-speaking people, was in great measure disregarded.
The separate American treaty, as agreed upon:
1. Boundaries;
As soon as the problem was thus virtually reduced to a negotiation between the American commissioners and Lord Shelburne's ministry, the air was cleared in a moment. The principal questions had already been discussed between Franklin and Oswald. Independence being first acknowledged, the question of boundaries came up for settlement. England had little interest in regaining the territory between the Alleghanies and the Mississippi, the forts in which were already held by American soldiers, and she relinquished all claim upon it. The Mississippi River thus became the dividing line between the United States and the Spanish possessions, and its navigation was made free alike to British and American ships. Franklin's suggestion of a cession of Canada and Nova Scotia was abandoned without discussion. It was agreed that the boundary line should start at the mouth of the river St. Croix, and, running to a point near Lake Madawaska in the highlands separating the Atlantic watershed from that of the St. Lawrence, should follow these highlands to the head of the Connecticut River, and then descend the middle of the river to the forty-fifth parallel, thence running westward and through the centre of the water communications of the Great Lakes to the Lake of the Woods, thence to the source of the Mississippi, which was supposed to be west of this lake. This line was marked in red ink by Oswald on one of Mitchell's maps of North America, to serve as a memorandum establishing the precise meaning of the words used in the description. It ought to have been accurately fixed in its details by surveys made upon the spot; but no commissioners were appointed for this purpose. The language relating to the northeastern portion of the boundary contained some inaccuracies which were revealed by later surveys, and the map used by Oswald was lost. Hence a further question arose between Great Britain and the United States, which was finally settled by the Ashburton treaty in 1842.
2. Fisheries; commercial intercourse;
The Americans retained the right of catching fish on the banks of Newfoundland and in the Gulf of St. Lawrence, but lost the right of drying their fish on the Newfoundland coast. On the other hand, no permission was given to British subjects to fish on the coasts of the United States. As regarded commercial intercourse, Jay sought to establish complete reciprocal freedom between the two countries, and a clause was proposed to the effect that "all British merchants and merchant ships, on the one hand, shall enjoy in the United States, and in all places belonging to them, the same protection and commercial privileges, and be liable only to the same charges and duties as their own merchants and merchant ships; and, on the other hand, the merchants and merchant ships of the United States shall enjoy in all places belonging to his Britannic Majesty the same protection and commercial privileges, and be liable only to the same charges and duties as British merchants and merchant ships, saving always to the chartered trading companies of Great Britain such exclusive use and trade, and the respective ports and establishments, as neither the other subjects of Great Britain nor any the most favoured nation participate in." Unfortunately for both countries, this liberal provision was rejected on the ground that the ministry had no authority to interfere with the Navigation Act.
3. Private debts;
Only two questions were now left to be disposed of, – the question of paying private debts, and that of compensating the American loyalists for the loss of property and general rough treatment which they had suffered. There were many old debts outstanding from American to British merchants. These had been for the most part incurred before 1775, and while many honest debtors, impoverished during the war, felt unable to pay,
