tiations for peace, and there for us, and in our name, to confer, treat, agree, and conclude with the ambassadors, commissioners, and plenipotentiaries of the princes and states, whom it may concern, vested with equal powers, relating to the establishment of peace, and whatsoever shall be agreed and concluded for us, and in our name, to sign, and thereupon make a treaty or treaties, and to transact every thing that may be necessary for completing, secur ing and strengthening the great work of pacification, in as ample form, and with the same effect, as if we were personally present and acted therein."

All the commissioners, except Mr. Jefferson, were present during the discussions, being in Europe at the time the meeting was appointed. Mr. Jefferson was in America, and did not leave it, as a report reached the government that the preliminaries were already signed. Mr. Oswald's commission in proper form was not, issued till the 21st of September. Some delay had taken place in consequence of objections made by the American commissioners to the style, by which the United States were designated. The true and proper appellation of this country was omitted, the denomination of "colonies" being employed. But the American envoys refused to proceed in the business until a commission, giving to the United States their public and diplomatic name, was sent to Mr. Oswald. This appellation was the thirteen United States of America.

There were two subjects that created difficulty and great irritation: the fisheries, and compensation to the loyalists and refugees. The last point threatened at one time to put an end to the negotiation. As to the independence, the French minister appeared to attach less importance to a formal recognition than the American commissioners. M. de Vergennes thought the first commission of Mr. Oswald sufficient; he did not think it necessary America should insist on a formal acknowledgment. We have intimations of this disposition as early as July '79, in the communication of Mr. Gerard, the French minister to Congress. The unpopularity

of that gentleman in this country was supposed to be owing to the steps he took to induce Congress to renounce the idea of a formal recognition, together with the right of the fisheries, and the boundaries of the Mississippi.

The American loyalists or refugees, prolonged the war by the ill founded accounts they gave the ministers respecting the state of parties in America. Indeed, if the British cabinet had been less under the influence of those unfortunate individuals than of their own officers, the disastrous contest with the colonies would certainly have terminated at an earlier period. It is a remarkable fact that the principal military men, who returned from America, such as General Burgoyne, Lord Cornwallis, Sir Wm. Howe, and Sir Henry Clinton, expressed opinions unfavourable to a continuation of the war. Whether the loyalists had taken arms against the United States from an honourable attachment to the mother country, or from interested motives, could not, and ought not, to affect the question. In considering this subject, it is impossible to go back to the original proposition, whether the parent state or colonies first violated the social compact that held them together, because that is really the point which led to the war and terminated in the independence. Neither does it signify that the war did not first begin on the part of the colonies for independence. Repeated and aggravated injustice fully warranted that last step, if the first measures of the people and of Congress could be justified. The loyalists had had the misfortune, or ill luck, to join a cause that had failed. Justice did not require that the victorious party should make them an indemnity. On the other hand, if the mother country had recovered the government of the colonies, the loyalists would have received an abundant reward, both of wealth and honours. All humane persons might have felt compassion for their deplorable condition. They were objects of pity; they had lost their country and their property. But at the conclusion of the revolution war, the American government was not in a condition to extend gra

tuitously bounties to foreigners, as at this time the loyalists had unhappily, for themselves, become. It could not pay even its own officers and soldiers, much less its numerous citizens who had suffered such great losses by the desolations of the enemy. Again, "a constitutional" difficulty presented itself. The estates of the loyalists had been confiscated by the acts of the states, and in numerous instances, had passed by the usual legal transfers into the hands of various individuals. Congress was not invested by the articles of the Union with any power over these local and domestic acts. It was a matter exclusively reserved to the internal polity of the states themselves. The British insisted with great earnestness, that full indemnity should be provided for the whole body of loyalists. They were at the pains of sending an under Secretary of State, Mr. Strachey, to Paris, to urge this point. But he made no impression upon the American commissioners. The instruction of the government issued October 18th, 1780, was precise and positive.

"That with respect to those persons, who have either abandoned or been banished from any of the United States, since the commencement of the war, he is to make no stipulations whatsoever for their re-admittance, and, as to an equivalent for their property, he may attend to propositions on that subject only on a reciprocal stipulation that Great Britain will make full compensation for all the wanton destruction which the subjects of that nation have committed on the property of the citizens of the United States.”

This obstacle delayed the negotiation; and, at one time, great apprehensions were felt, that the objection would be fatal. The ministry, some time after, in a debate on the provisional articles, declared, the business had come to such a pass, that the government had the alternative of continuing the war, or of abandoning the loyalists. While the articles of the provisional treaty were under discussion, Great Britain was still in possession of New-York, Charleston, Penobscot, Rhode Island, Detroit, and the fisheries; and the surrender of these places and rights, was made a cendition of compensa

tion to her American subjects. This was a very troublesome demand; but at this difficult crisis, a compromise was effected, in itself, perhaps, little more than nominal, considering the relation of the confederation to the independent states that composed it. This arrangement will be found in the 5th article of the treaty. The commissioners were satisfied that a treaty was impracticable, without some arrangement respecting the loyalists, though the article is an undoubted departure from their instructions. Congress, however, ratified the whole instrument, by an unanimous vote.

The provisional treaty was signed at Paris, the 30th November, 1782,-on the part of America, by Messrs. Franklin, Adams, Laurens and Jay,—and, on the part of Great Britain, by Mr. Richard Oswald, Lord Shelburne being still at the head of affairs in that country. The preliminary articles, being ratified, within the term specified, by the respective goverments, the definitive treaty of peace, substantially a copy of the provisional one, was signed,—for America, by Messrs. Franklin, Adams and Jay,-and for England, by Mr. David Hartley, at Paris, the 3d September, 1783.* This treaty was

* We insert in a note the important articles of the definitive treaty, with a reference to the others. The boundaries, on the east, north and north-west, are not entirely defined to this day, though in amicable progress:

"ART. 1. His Britannic Majesty acknowledges the said United States, viz. New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign and independent states; that he treats with them as such; and for himself, his heirs and successors, relinquishes all claims to the government, propriety, and territorial rights of the same, and every part thereof.

"ART. 2. And that all disputes which might arise in future, on the subject of the boundaries of the said United States, may be prevented, it is hereby agreed and declared, that the following are and shall be their boundaries, viz:-from the north-west angle of Nova Scotia, viz. that angle which is formed by a line drawn due north from the source

unanimously ratified by Congress, on the 14th of February, 1784. And, on the same day, they unanimously issued a re

of Saint Croix river to the highlands; along the said highlands which divide those rivers that empty themselves into the river St. Lawrence, from those which fall into the Atlantic ocean, to the north-westernmost head of Connecticut river; thence down along the middle of that river, to the forty-fifth degree of north latitude; from thence, by a line due west on said latitude, until it strikes the river Iroquois, or Cataraquy; thence along the middle of said river, into lake Ontario, through the middle of said lake, until it strikes the communication by water between that lake and lake Erie; thence along the middle of said communication into lake Erie, through the middle of said lake, until it arrives at the water communication between that lake and lake Huron; thence along the middle of said water communication into the lake Huron ; thence through the middle of said lake to the water communication between that lake and lake Superior; thence through lake Superior, northward of the isles Royal and Philipeaux, to the Long Lake; thence through the middle of the said Long Lake, and the water communication between it and the lake of the Woods, to the said lake of the Woods; thence through the said lake to the most north-western point thereof, and from thence on a due west course to the river Mississippi; thence by a line to be drawn along the middle of the said river Mississippi, until it shall intersect the northernmost part of the thirtyfirst degree of north latitude. South, by a line to be drawn due east from the determination of the line last mentioned, in the latitude of thirty-one degrees north of the equator, to the middle of the river Apalachicola, or Catahouche; thence along the middle thereof to its junction with the Flint river; thence straight to the head of St. Mary's river; and thence down along the middle of St. Mary's river to the Atlantic ocean. East, by a line to be drawn along the middle of the river St. Croix, from its mouth, in the bay of Fundy, to its source, and from its source, directly north, to the aforesaid highlands, which divide the rivers that fall into the Atlantic ocean from those which fall into the river St. Lawrence: comprehending all islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due east from the points where the aforesaid boundaries between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the bay of Fundy, and the Atlantic ocean; excepting such islands as now are, or heretofore have been, within the limits of the said province of Nova Scotia.

"ART. 3. It is agreed, that the people of the United States shall con