that Mr. LIVINGSTON might be prevailed on to serve till the spring. The Committee found him in this disposition, and their report was agreed to without opposition. See the Journal.

MONDAY, DECEMBER 23RD.

The motion to strike out the words "accruing to the United States," was grounded on a denial of the principle that a capture and possession by the enemy of movable property extinguished or affected the title of the owners. On the other side, this principle was asserted as laid down by the best writers, and conformable to the practice of all nations; to which was added, that if a contrary doctrine were established by Congress, innumerable claims would be brought forward by those whose property had, on recapture, been applied to the public use. See Journal.

Letters were this day received from Dr. Franklin, Mr. Jay, and the Marquis de la Fayette. They were dated the fourteenth of October. That from the first enclosed a copy of the second commission to Mr. Oswald, with sundry preliminary articles, and distrusted the British Court. That from the second expressed great jealousy of the French Government, and referred to an intercepted letter from Mr. Marbois, opposing the claims of the United States to the fisheries. This despatch produced much indignation against the author of the intercepted letter, and visible emotions in some against

France. It was remarked here that our Ministers took no notice of the distinct commissions to Fitzherbert and Oswald; that although on a supposed intimacy, and joined in the same commission, they, the Ministers, wrote separately, and breathed opposite sentiments as to the views of France. Mr. LivINGSTON told me that the letter of the Count de Vergennes, as read to him by the Chevalier Luzerne, very delicately mentioned and complained that the American Ministers did not, in the negotiations with the British Ministers, maintain the due communication with those of France. Mr. LIVINGSTON inferred, on the whole, that France was sincerely anxious for peace.

The President acquainted Congress that Count Rochambeau had communicated the intended embarkation of the French troops for the West Indies, with an assurance from the King of France, that, in case the war should be renewed, they should immediately be sent back.

TUESDAY, DECEMBER 24TH.

The letter from Mr. Jay, enclosing a copy of the intercepted letter from Marbois, was laid before Congress. The tenor of it, with the comments of Mr. Jay, affected deeply the sentiments of Congress with regard to France. The policy, in particular, manifested by France, of keeping us tractable by leaving the British in possession of posts in this country, awakened strong jealousies, corroborated

the charges on that subject, and with concomitant circumstances may engender the opposite extreme of the gratitude and cordiality now felt towards France; as the closest friends in a rupture are apt to become the bitterest foes. Much will depend, however, on the course pursued by Britain. The liberal one Oswald seems to be pursuing will much promote an alienation of temper in America from France. It is not improbable that the intercepted letter from Marbois came through Oswald's hands. If Great Britain, therefore, yields the fisheries and the back territory, America will feel the obligation to her, not to France, who appears to be illiberal as to the first, and favorable to Spain as to the second, object; and, consequently, has forfeited the confidence of the States interested in either of them. Candor will suggest, however, that the situation of France is and has been extremely perplexing. The object of her blood and money was not only the independence, but the commerce and gratitude of America; the commerce to render independence the more useful, the gratitude to render that commerce the more permanent. It was necessary, therefore, she supposed, that America should be exposed to the cruelties of her enemies, and be made sensible of her own weakness, in order to be grateful to the hand that relieved her. This policy, if discovered, tended, on the other hand, to spoil the whole. Experience shows that her truest policy would have been to relieve America by the most direct and generous means, and to have mingled with them no artifice whatever. With respect to Spain, also, the situation of France has been as peculiarly deli

cate. The claims and views of Spain and America interfere. The former attempts of Britain to seduce Spain to a separate peace, and the ties of France with the latter, whom she had drawn into the war, required her to favor Spain, at least to a certain degree, at the expense of America. Of this Great Britain is taking the advantage. If France adheres to Spain, Great Britain espouses the views of America, and endeavours to draw her off from France. If France adheres to America in her claims, Britain might espouse those of Spain, and produce a breach between her and France; and in either case Britain would divide her enemies. If France acts wisely, she will in this dilemma prefer the friendship of America to that of Spain. If America acts wisely, she will see that she is, with respect to her great interests, more in danger of being seduced by Britain than sacrificed by France.

The deputation to Rhode Island had set out on the twenty-second, and proceeded half-a-day's journey. Mr. NASH casually mentioned a private letter from Mr. Pendleton to Mr. MADISON, informing him that the Legislature of Virginia had, in consequence of the final refusal of Rhode Island, repealed her law for the impost. As this circumstance, if true, destroyed, in the opinion of the deputies, the chief argument to be used by them, viz. the unanimity of the other States, they determined to return and wait for the southern post, to know the truth of it. The post failing to arrive on the twenty-third, the usual day, the deputies on this day came into Congress and stated the case. Mr. MADISON read to Congress the paragraph in the letter from Mr. Pen

dleton. Congress verbally resolved, that the departure of the deputies for Rhode Island should be suspended until the further order of Congress; Mr. MADISON promising to give any information he might receive by the post. The arrival of the post immediately ensued. A letter to Mr. MADISON from Mr. Randolph confirmed the fact, and was communicated to Congress. The most intelligent members were deeply affected, and prognosticated a failure of the impost scheme, and the most pernicious effects to the character, the duration, and the interests of the Confederacy. It was at length, notwithstanding, determined to persist in the attempt for permanent revenue, and a committee was appointed to report the steps proper to be taken.

A motion was made by Mr. RUTLEDGE to strike out the salvage for recaptures on land, on the same principle as he did the words "accruing to the United States." As the latter had been retained by barely seven States, and one of these was not present, the motion of Mr. RUTLEDGE succeeded. Some of those who were on the other side, in consequence, voted against the whole resolution, and it failed. By compromise it passed as reported by the Committee.

The Grand Committee reported, after another meeting, with respect to the old money, that it should be rated at forty for one. The Chair decided, on a question raised, that according to rule the blank should not have been filled up by the Committee; so the rate was expunged.