The United States of America are another object of debate. If an opposition shall be formed and concerted, I presume that one fundamental of it will be a liberal conduct towards us. They will be very profuse in professions of respect, and esteem, and affection for us; will pretend to wish for measures which may throw a veil over the past, and restore, as much as possible, the ancient good will. They will be advocates for some freedom of communication with the West Indies, and for our having an equitable share of that carrying trade, &c.

Administration, on the other hand, I am confident, will, with great difficulty, be persuaded to abandon the mean, contemptible policy which their proclamations exhibit.

In my humble opinion, the only suitable place for us to negotiate the treaty in is London. Here, with the most perfect politeness to the Ministry, we may keep them in awe. A visit to a distinguished member of the opposition, even if nothing should be said at it, would have more weight with Ministers than all our arguments. Mr. Jay is, I believe, of the same opinion. But we shall not conduct the negotiation here, unless Doctor Franklin should come over. Indeed, if Congress should join us in a commission to treat with other Powers, in my opinion, we might conduct the business better here than in Paris. I shall, however, cheerfully conform to the sentiments of my colleagues.

The delay of the commission is to me a great embarrassment. I know not whether to stay here, return to Paris or the Hague. I hope every moment to receive advices from Congress, which will resolve me.

I received yesterday a letter from Mr. Hartley, with the compliments of Mr. Fox, and that he should be glad to see me, proposing the hour of eleven to-day; which I agreed to. Mr. Jay saw him one day this week. Mr. Jay made him and the Duke of Portland a visit on his first arrival. They were not at home. But he never heard from them until my arrival, ten days or a fortnight after. Informed of this, I concluded not to visit them, and did not; but after a very long time, and, indeed, after Mr. Hartley's return from Bath, messages have been sent to Mr. Jay and me that Mr. Fox would be glad to see us. It is merely for form and to prevent a cry against him in Parliament for not having seen us, for not one word was said to Mr. Jay of public affairs, nor will a word be said to me.

The real friendship of America seems to me the only thing which can redeem this country from total destruction. There are a few who think so here, and but a few; and the present Ministers are not among them, or, at least, if they are of this opinion, they conceal it, and behave as if they thought America of small importance. The consequence will be that little jealousies, and rivalries, and resentments will be indulged, which will do essential injury to this country as they happen, and they will end in another war, in which will be torn from this island all her possessions in Canada, Nova Scotia, and the East and West Indies.

With great respect, &c.,

JOHN ADAMS.

Extracts from the Secret Journal of Foreign Affairs.

January 31, 1785.

On motion of Mr. R. R. Livingston, seconded by Mr. Pinckney, Resolved, That a Minister Plenipotentiary be appointed to represent the United States of America at the Court of Great Britain; and that the Secretary for Foreign Affairs report instructions for such Minister.

February 18, 1785.

Resolved, That no future commission of a Minister, either generally or specially, to any foreign Court, Chargé d'Affaires, or Secretary to any foreign Legation, shall continue in force for more than three years, the time from which it is to commence to be fixed in the commission, at the expiration of which period, unless reappointed, such Minister or Secretary shall cease to exercise such office: Provided always, That such Minister or Secretary shall be considered as at all times subject to the recall of Congress, within the term limited.

February 24, 1785.

Congress proceeded to the election of a Minister Plenipotentiary to represent the United States of America at the Court of Great Britain; and the ballots being taken,

The Honorable John Adams was elected, having been previously nominated by Mr. Howell.

Report of Instructions for the Minister Plenipotentiary of the United States at the Court of London.

Office for Foreign Affairs, February 5, 1785.

You will, in a respectful, but firm manner, insist that the United States be put, without further delay, into possession of all the posts and territories within their limits which are now held against them by British garrisons; and you will take the earliest opportunity of transmitting the answer you may receive to this requisition.

You will sound the disposition of the British Cabinet to join with the United States in proper pacific measures for inducing Spain to cease opposing the free navigation of the Mississippi, and to that end a display of the commercial advantages which would flow to them through that channel would probably prove a powerful inducement. You will remonstrate upon the infraction of the treaty of peace by the exportation of slaves and other American property, contrary to the stipulations on that subject in the article of it. Upon this head you will be supplied with various authentic papers and documents, particularly the correspondence betwen General Washington and others on the one part, and Sir Guy Carleton on the other.

You will represent to the British Ministry the strong and necessary tendency of their restrictions on our trade to incapacitate our merchants in a certain degree to make remittances to theirs. You will so manage your conferences with the Minister, on the subject of commerce, as to discover whether he is inclined to a commercial treaty with us, and on what terms, taking care not to enter into any engagements without the previous approbation of Congress. You will represent in strong terms the losses which many of our, and also of their, merchants will sustain, if the former be unseasonably and immediately pressed for the payment of debts contracted before the war; and (if compliance should appear probable) you will solicit the interposition and influence of Government to prevent it. On this subject you will be furnished with papers in which it is amply discussed.

All which is submitted to the wisdom of Congress.

JOHN JAY.

Report of Secretary Jay-Case of Blair McClenachan.

Office for Foreign Affairs, February 10, 1785.

The Secretary of the United States for the Department of Foreign Affairs, to whom, on the 7th instant, was referred a letter from Blair McClenachan, dated at London, the 13th October, 1784, reports thereupon as his opinion,

That the cause of the action at law commenced against Mr. McClenachan, in the Court of King's bench in England by J. Bragg, is (as stated in his letter) unquestionably ill-founded, not being warranted by the laws of war, nor consistent with the treaty of peace between that country and this. But as no judgment has as yet been rendered in that action against the defendant, and probably never will be, the commencement of it is at present to be considered as one of those inconveniences to which every man in every country is constantly and unavoidably exposed. It not being in the power of any government to prevent any man from bringing suits which, on trial, may appear absurd or vexatious, all that they can do is to give judgment against the plaintiff, and leave the defendant to the legal remedies prescribed for those who may be thus unreasonably and causelessly vexed.

The singular circumstances of Mr. McClenachan's case may, perhaps, receive some light from the following facts, viz: On the 17th March, 1783, the Legislature of the State of New York passed a law in these words:

"An act for granting more Effectual Relief in cases of certain Trespasses.

"Be it enacted by the people of the State of New York, repre'sented in Senate and Assembly, and it is hereby enacted by the ' authority of the same, That it shall and may be lawful for any 'person or persons, who are or were inhabitants of this State, and 'who, by reason of the invasion of the enemy, left his, her, or their 'place or places of abode, and who have not voluntarily put themselves 'respectively into the power of the enemy, since they respectively 'left their places of abode, his, her, or their heirs, executors or 'administrators, to bring an action of trespass against any person or 'persons who may have occupied, injured, or destroyed his, her, or 'their estate, either real or personal, within the power of the enemy,

'or against any person or persons who shall have purchased or 'received any such goods or effects, or against his, her, or their 'heirs, executors, or administrators, in any court of record within this State, having cognizance of the same, in which action, if the same 'shall be brought against the person or persons who have occupied, 'injured, or destroyed, or purchased, or received such real or personal 'estate as aforesaid, the defendant or defendants shall be held to bail; 'and if any such action shall be brought in any inferior court within 'this State, the same shall be finally determined in such court; and 'every such action shall be considered as a transitory action. That 'no defendant or defendants shall be admitted to plead in justification 'any military order or command whatever of the enemy for such "occupancy, injury, destruction, purchase, or receipt, nor to give the 'same in evidence on the general issue."

In pursuance of this law, divers suits have been commenced and determined in favor of the plaintiffs, and others are still depending in the courts of this State; and the Assembly have, by certain resolutions, expressed their disapprobation of a judgment of the Mayor's Court of this city, in which a favorable construction was given to the law, which, in their opinion, was not warranted by the terms of it.

Your Secretary considers this law, and the operation of it since the peace, as contrary to the laws of nations and the faith of the treaty between Britain and the United States; and he apprehends that the commencement of an action against an American citizen in the King's Bench of England, on the principles and in the spirit of this law, may have been prompted by the example set in this State. All which is humbly submitted to the wisdom of Congress.

JOHN JAY.

Extract from the Secret Journal of Foreign Affairs, March 7th,

1785.

On the report of a committee, consisting of Mr. Read, Mr. Ellery, and Mr. Hardy, to whom were referred the letters of the 3d and 16th of November from Mr. Laurens,

Resolved, That in conformity to the repeated wishes heretofore expressed by the honorable Benjamin Franklin, Esq., Minister Plenipotentiary from the United States at the Court of Versailles, he be permitted to return to America as soon as convenient, and that