great number of them have been rendered incapable of immediately satisfying those debts; we refer it to the justice and equity of Great Britain, so far to amend the Article on that subject, as that no execution shall be issued on a judgment to be obtained in any such case, but after the expiration of three years from the date of the definitive treaty of peace. Congress also think it reasonable, that such part of the interest, which may have accrued on such debts during the war, shall not be payable, because all intercourse between the two countries had, during that period, become impracticable, as well as improper. It does not appear just, that individuals in America should pay for delays in payment, which were occasioned by the civil and military measures of Great Britain. opinion, the interest of the creditors as well as the debtors, requires that some tenderness be shown to the latter, and that they should be allowed a little time to acquire the means of discharging debts, which, in many instances, exceed the whole amount of their property.

In our

As it is necessary to ascertain an epocha for the restitutions and evacuations to be made, we propose, that it be agreed, that his Britannic Majesty shall cause to be evacuated the posts of New York, Penobscot, and their dependencies with all other posts and places in possession of his Majesty's arms within the United States, in the space of three months after the signature of the definitive treaty, or sooner, if possible, excepting those posts contiguous to the water line, mentioned in the 4th proposition, and those shall be evacuated when Congress shall give the notice therein mentioned.

We do ourselves the honor of making these communications to you, Sir, that you may transmit them, and the

papers accompanying them, to your Court, and inform

We have had the honor of receiving by Captain Barney your two letters of the 25th of March and 21st of April, with the papers referred to in them.

We are happy to find, that the Provisional Articles have been approved and ratified by Congress, and we regret, that the manner in which that business was conducted, does not coincide with your ideas of propriety. We are persuaded, however, that this is principally owing to your being necessarily unacquainted with a number of circumstances, known to us, who were on the spot, and which will be particularly explained to you hereafter, and, we trust, to your satisfaction, and that of the Congress.

Your doubts respecting the Separate Article, we think, are capable of being removed; but as a full state of the reasons and circumstances, which prompted that measure, would be very prolix, we shall content ourselves with giving you the general outlines.

Mr Oswald was desirous to cover as much of the eastern shores of the Mississippi with British claims.

as possible; and, for this purpose, we were told a great deal about the ancient bounds of Canada, Louisiana, &c. &c. The British Court, who had, probably, not yet adopted the idea of relinquishing the Floridas, seemed desirous of annexing as much territory to them as possible, even up to the mouth of the Ohio. Mr. Oswald adhered strongly to that object, as well to render the British countries there of sufficient extent to be (as he expressed it) worth keeping and protecting, as to afford a convenient retreat to the tories, for whom it would be difficult otherwise to provide; and, among other arguments, he finally urged his being willing to yield to our demands to the east, north, and west, as a further reason for our gratifying him on the point in question. He also produced the commission of Governor Johnson, extending the bounds of his government of West Florida, up to the river Yazoo; and contended for that extent as a matter of right, upon various principles, which, however, we did not admit, the King not being authorised, in our opinion to extend or contract the bounds of the colonies at pleasure.

We were of opinion, that the country in contest was of great value, both on account of its natural fertility and of its position, it being, in our opinion, the interest of America to extend as far down towards the mouth of the Mississippi as we possibly could. We also thought it advisable to impress Britain with a strong sense of the importance of the navigation of that river to their future commerce on the interior waters, from the mouth of the St Lawrence to that of the Mississippi, and thereby render that Court averse to

any stipulations with Spain to relinquish it. These two objects militated against each other, because to enhance the value of the navigation, was also to enhance the value of the countries contiguous to it, and thereby disincline Britain to the dereliction of them. We thought, therefore, that the surest way to reconcile. and obtain both objects would be by a composition beneficial to both parties. We therefore proposed, that Britain should withdraw her pretensions to all the country above the Yazoo, and that we would cede all below it to her, in case she should have the Floridas at the end of the war; and, at all events, that she should have a right to navigate the river throughout its whole extent. This proposition was accepted, and we agreed to insert the contingent fact of it in a separate Article, for the express purpose of keeping it secret for the present. That Article ought not, therefore, to be considered as a mere matter of favor to Britain, but as the result of a bargain, in which that Article was a quid pro quo.

It was in our opinion, both necessary and justifiable, to keep this Article secret. The negotiations between Spain, France, and Britain were then in full vigor, and embarrassed by a variety of clashing demands. The publication of this Article would have irritated Spain, and retarded, if not have prevented her coming to an agreement with Britain.

Had we mentioned it to the French Minister, he must have not only informed Spain of it, but also been obliged to act a part respecting it, that would probably have been disagreeable to America; and he certainly has reason to rejoice that our silence saved him that delicate and disagreeable task.

This was an Article, in which France had not the smallest interest, nor is there anything in her treaty with us, that restrains us from making what bargain we please with Britain about those or any other lands, without rendering account of such transaction to her or any other power whatever. The same observation applies with still greater force to Spain; and neither justice nor honor forbid us to dispose as we pleased of our own lands without her knowledge or consent. Spain at that very time extended her pretensions and claims of dominion, not only over the tract in question but over the vast region lying between the Floridas and Lake Superior; and this Court was also, at that very time, soothing and nursing those pretensions by a proposed conciliatory line for splitting the difference. Suppose, therefore, we had offered this tract to Spain, in case she retained the Floridas, should we even have had thanks for it? or would it have abated the chagrin she experienced from being disappointed in her extravagant and improper designs on that whole country? We think not.

We perfectly concur with you in sentiment, Sir, that "honesty is the best policy." But, until it be shown that we have trespassed on the rights of any man, or body of men, you must excuse our thinking that this remark as applied to our proceedings was unnecessary.

Should any explanations, either with France or Spain become necessary on this subject, we hope and expect to meet with no embarrassment. We shall neither amuse them nor perplex ourselves with flimsy excuses, but tell them plainly; that it was not our duty to give them the information; we considered