From Tuesday, the twenty-fourth of December, the Journals suffice until

MONDAY, DECEMBER 30TH.

A motion was made by Mr. CLARK, seconded by Mr. RUTLEDGE, to revise the instructions relative to negotiations for peace, with a view to exempt the American Plenipotentiaries from the obligation to conform to the advice of France. This motion was the effect of impressions left by Mr. Jay's letters, and the intercepted one from Marbois. This evidence of separate views in our Ally, and the inconsistency of that instruction with our national dignity, were urged in support of the motion. In opposing the motion, many considerations were suggested, and the original expediency of submitting the commission for peace to the counsels of France descanted upon. The reasons assigned for this expediency were, that at the juncture when that measure took place the American affairs were in a most deplorable situation, the Southern States being overrun and exhausted by the enemy, and the others more inclined to repose after their own fatigues than to exert their resources for the relief of those which were the seat of the war; that the old paper currency had failed, and with it public credit itself, to such a degree that no new currency could be substituted; and that there was then no prospect of introducing specie for the purpose, our trade being in the most ruinous condition, and the intercourse with the Havana in particular unopened. In the midst of these distresses, the mediation of the two Imperial Courts

was announced. The general idea was, that the two most respectable powers of Europe would not interpose without a serious desire of peace, and without the energy requisite to effect it. The hope of peace was, therefore, mingled with an apprehension that considerable concessions might be exacted from America by the mediators, as a compensation for the essential one which Great Britain was to submit to. Congress, on a trial, found it impossible, from the diversity of opinions and interests, to define any other claims than those of independence and the alliance. A discretionary power, therefore, was to be delegated with regard to all other claims. Mr. ADAMS was the sole minister for peace; he was personally at variance with the French Ministry; his judgment had not the confidence of some, nor his partiality in case of an interference of claims espoused by different quarters of the United States, the confidence of others; a motion to associate with him two colleagues, to wit, Mr. Franklin and Mr. Jay, had been disagreed to by Congress; the former of these being interested as one of the land companies in territorial claims, which had less chance of being made good in any other way than by a repossession of the vacant country by the British Crown; the latter belonging to a State interested in such arrangements as would deprive the United States of the navigation of the Mississippi, and turn the western trade through New York; and neither of them being connected with the Southern States. The idea of having five ministers taken from the whole Union was not suggested until the measure had been adopted, and communicated to the Cheva

lier de Luzerne to be forwarded to France, when it was too late to revoke it. It was supposed also that Mr. Laurens, then in the Tower, would not be out, and that Mr. Jefferson would not go; and that the greater the number of ministers, the greater the danger of discords and indiscretions. It was added, that as it was expected that nothing would be yielded by Great Britain which was not extorted by the address of France in managing the mediators, and as it was the intention of Congress that their minister should not oppose a peace, recommended by them, and approved by France, it was thought good policy to make the declaration to France, and by such a mark of confidence to render her friendship the more responsible for the issue. At the worst, it could only be considered as a sacrifice of our pride to our interest.

These considerations still justified the original measure in the view of the members who were present and voted for it. All the new members, who had not participated in the impressions which dictated it, and viewed the subject only under circumstances of an opposite nature, disapproved it. In general, however, the latter joined with the former in opposing the motion of Mr. CLARK, arguing with them that, supposing the instruction to be wrong, it was less dishonorable than the instability that would be denoted by rescinding it; that if Great Britain was disposed to give us what we claimed, France could not prevent it; that if Great Britain struggled against those claims, our only chance of getting them was through the aid of France; that to withdraw our confidence would lessen the chance

and degree of this aid; that if we were in a prosperous or safe condition, compared with that in which we adopted the expedient in question, this change had been effected by the friendly succours of our Ally, and that to take advantage of it to loosen the tie would not only bring on us the reproach of ingratitude, but induce France to believe that she had no hold on our affections, but only in our necessities; that in all possible situations we should be more in danger of being seduced by Great Britain, than of being sacrificed by France; the interests of the latter, in the main, necessarily coinciding with ours, and those of the former being diametrically opposed to them; that as to the intercepted letter, there were many reasons which indicated that it came through the hands of the enemy to Mr. Jay; that it ought, therefore, to be regarded, even if genuine, as communicated for insidious purposes; but that there was strong reason to suspect that it had been adulterated, if not forged; and that on the worst supposition, it did not appear that the doctrines maintained, or the measures recommended in it, had been adopted by the French Ministry, and consequently, that they ought not to be held responsible for them.

Upon these considerations it was proposed by Mr. WOLCOTT, seconded by Mr. HAMILTON, that the motion of Mr. CLARK should be postponed, which took place without a vote.49

Mr. MADISON moved that the letter of Dr. Franklin, of the fourteenth of October, 1782, should be referred to a committee, with a view of bringing into consideration the preliminary article proposing that British subjects and American citizens should recip

rocally have, in matters of commerce, the privilege of natives of the other party; and giving the American Ministers the instruction which ensued on that subject. This motion succeeded, and the committee appointed consisted of Mr. MADISON, Mr. RUTLEDGE, Mr. CLARK, Mr. HAMILTON, and Mr. OSGOOD.

The contract of General Wayne was confirmed with great reluctance; being considered as improper with respect to its being made with individuals, as admitting of infinite abuses, as out of his military line, and as founded on a principle, that a present commerce with Great Britain was favorable to the United States, a principle reprobated by Congress and all the States. Congress, however, supposed that these considerations ought to yield to the necessity of supporting the measures which a valuable officer, from good motives, had taken upon himself.

TUESDAY, DECEMBER 31ST.

The report of the Committee made in consequence of Mr. MADISON's motion yesterday, instructing the Ministers Plenipotentiary on the article of commerce, passed unanimously, as follows:

"Resolved, That the Ministers Plenipotentiary for negotiating peace be instructed, in any commercial stipulations with Great Britain which may be comprehended in a treaty of peace, to endeavour to obtain for the citizens and inhabitants of the United States a direct commerce to all parts of the British dominions and possessions, in like manner as all parts of