while he was opposed to compensating the loyalists, he would agree to a stipulation to enable the British creditors to sue for the recovery of their debts. Such a stipulation was inserted in the treaty. It is remarkable not only as the embodiment of an enlightened policy, but also as the strongest assertion in the acts of that time of the power and authority of the national government. The final concession as to the fisheries was also granted upon the demand of Adams, who declared that he would not sign a treaty on any other terms. Before the close of the negotiations, Henry Laurens arrived in Paris; and there, on November 30th, he joined his three colleagues in signing, with Richard Oswald, the provisional articles of peace. It has often been said that of all the treaties Great Britain ever made, this was the one by which she gave the most and took the least. It brought, however, upon Shelburne and his associates the censure of the House of Commons, and caused the downfall of his ministry.

The articles were signed by the American commissioners without consultation with the French government. In taking this course, the commissioners acted in opposition to their instructions. Their action was due to suspicions first entertained by Jay, but in which Adams, who besides was little disposed to defer to Vergennes, participated. Franklin, although he does not appear to have shared the feelings of his colleagues, determined to act with

them. The question whether they were justified has given rise to controversies perhaps more voluminous than important. Every source of information has been diligently explored in order to ascertain whether the suspicions of Jay were, in fact, well or ill founded. This test does not, however, seem to be necessarily conclusive. In law, the justification of an act often depends not so much upon the actual as upon the apparent reality of the danger. The principal ground of Jay's distrust was a secret mission to England of Rayneval, an attaché of the French Foreign Office, and an especial representative of Vergennes. Jay suspected that Rayneval had been sent to London to learn from Shelburne the views of the American commissioners, and to assure him of the support of France if he should reject their claims to the fisheries and the Mississippi. The disclosure in recent years of Rayneval's reports to Vergennes has shown that his mission had other objects, though it is no doubt also true that the government of France, mindful of its own historic contentions, as well as of the interests of its other ally, Spain, regarded the claims of the Americans as excessive and was indisposed to support them. But whether the conduct of the American commissioners was or was not justifiable, it aroused the indignation of the French government. "You are about to hold out," wrote Vergennes to Franklin, "a certain hope of peace to America without even

informing yourself of the state of negotiations on our part. You are wise and discreet, sir; you perfectly understand what is due to propriety; you have all your life performed your duties. I pray you to consider how you propose to fulfil those which are due to the King. I am not desirous of enlarging these reflections. I recommend them to your own integrity." No paper that Franklin ever wrote displays his marvellous skill to more advantage than his reply to these reproaches. While protesting that nothing had been agreed in the preliminaries contrary to the interests of France, he admitted that the American commissioners had "been guilty of neglecting a point of bienséance.” But as this was not, he declared, from want of respect to the King, whom they all loved and honored, he hoped that it would be excused, and that "the great work, which has hitherto been so happily conducted, is so nearly brought to perfection, and is so glorious to his reign, will not be ruined by a single indiscretion of ours." And then he adds this adroit suggestion: "The English, I just now learn, flatter themselves they have already divided us. I hope this little misunderstanding will therefore be kept a secret, and that they will find themselves totally mistaken."

When the provisional articles of peace were signed, the American commissioners hoped subsequently to be able to conclude a commercial arrangement.

This hope proved to be delusive. On September 3, 1783, the provisional articles were formally converted into a definitive peace. The old system, embodied in the Navigation Act, England even yet was not ready to abandon. It still dominated Europe, and confined the New World outside of the United States. Years of strife were to ensue before it was to fall to pieces; and in the course of the conflict the United States was to stand as the exponent and defender of neutral rights and commercial freedom.

II

THE SYSTEM OF NEUTRALITY

BETWEEN 1776, when independence was proclaimed, and 1789, when the government under the Constitution was inaugurated, the United States entered into fourteen treaties-six with France, three with Great Britain, two with the Netherlands, and one each with Sweden, Prussia, and Morocco; but a majority of all were negotiated and signed in France, at Paris or at Versailles. Eight were subscribed, on the part of the United States, by two or more plenipotentiaries; and among their names we find, either alone or in association, that of Franklin, ten times; the name of Adams, seven times; that of Jefferson, three times; and that of Jay, twice. These early treaties covered a wide range of subjects, embracing not only war and peace, and, as did those with France, political alliance, but also commercial intercourse and the rights of consuls. Among their various stipulations, we find provisions for liberty of conscience, and for the removal of the disability of aliens in respect of their property and their business. Stipulations for the mitigation of the evils of war are