their designs went to, which was to the forming a Council of Administration, for regulating and conducting a general political system of all Europe. The general Council here suggested, is simply and definitely a Council of Commerce, for all Europe and North America (absolutely exclusive of all and every point of politics) formed by the several Sovereigns sending their Commissioners or Ministers to convene, at a Chamber or Board, representing the several commercial interests of each State; and, on a general liberal plan and system of commerce, the conjunct and consociated common interest of All. As such it should remain a standing perpetual Council of deliberation and advice, and A SEAT OF JUDICIAL ADMINISTRATION common to all. "Continuellement assemble en corps de Senat

pour deliberer sur les affaires survenantes, s'occuper a discuter les differens interets, pacifier les querelles, eclaircir & vuider toutes les affaires pour assurer mutuellement la liberte du commerce." Also as a GREAT AND GENERAL COURT OF ADMIRALTY, to take cognizance of such matters of commerce in litigation, as, according to its establishment, shall come duly before it; and of all offences which shall be committed against those general and common laws of trade, which shall have been established by it.

Such a Council might not only prevent a most

dreadful general war, which seems to be coming on in Europe; but, if it should be so happy as to agree on such reglements as would establish peace at present, might, for ever after be the means to prevent all future occasions of war, arising from commercial quarrels. Or, if the rage of war did force itself upon the world, it would then be a Seat of common justice, open to all nations, for the relief of the peaceable, industrious, and innocent, who should be accidentally or iniquitously injured by any of the warring parties: a seat of such justice as does not exist, and cannot be expected, in any private national Court of Admiralty, in the present state of nations. Whatever is the fate of every other part of this proposition, the present entangled, confounded, vague state of the marine law of nations, seems to be such, as creates a necessity, which must draw this part into establishment.

If the state of things, if the combination of events are, in fact, such as mark the necessity of some such General Council: If the minds and tempers of Sovereigns, whose hearts are in the hands of Providence, be in such frame as the impression of these things seems naturally to make: And if under this view of things, and in this spirit of wisdom, they should send their Commissioners or Ministers to convene in such a General Council, with powers and instructions to form some general laws and establishment on the

ground of UNIVERSAL COMMERCE: the cardinal points which will most likely come under deliberation will be: Ist. How far, in right, and how far in policy, it may be best for All, to establish, on mutual agreement, the Mare Liberum: and how far each individual nation, (providing for the security of that peculiar property and dominion which they have, occupy, and duly hold, in local defined bays and harbours, etc. enclosed within the boundaries and coasts of their landed dominions) may accede to this establishment, as a law of nations. 2dly. How far the universal Jus Navigandi may be, or can be established, consistent with the present national claims of the several Maritime States; or how those may be accommodated, mutually and reciprocally, so as to lead to such establishment hereafter. On this ground they will naturally meet each other, in forming at least some general system of regulations and laws, common to all, under which this universal commerce may act and be protected: So that the exercise of this right may extend wheresoever the ocean flows, and be as free as the air which wafts it over that ocean in all directions.

3dly. This will lead to deliberation on the Libertas universalis Commerciorum, free ports, and free markets, in open equal traffick.

Thomas Pownall, A Memorial to the Sovereigns of Europe (London, 1780)), 118-124.

CHAPTER IX-THE PROOF OF INDE

PENDENCE (1781-1783)

National feeling was brought to a high pitch by the surrender of Cornwallis in 1781, which was practically the end of the war. The country had already begun to envy its relations with other nations, and to assert itself when foreign powers failed to respect its rights. Although the treaty of peace was not signed till the end of 1782, American statesmen forthwith arose to a conception of the importance of their trade and friendship. The Cincinnati, first of the patriotic societies, was founded. Orators, ministers, and statesmen pointed out the splendid prospect before the American people, and foreign statesmen, such as Pownall, called to the mind of the Americans the great future that was before them. The success of the Revolutionary War seemed to the American mind to establish the principles of equality and representative government, and the writers of the time did not restrain their expectation of a great career for their country. The immigrant, the youth, the women, were all included in a sense of strong, vigorous, and triumphant nationality.

NOU

From the portrait by Sully in the State Library at
Richmond, Va.

1. Tampering with Neutral Mails

An interesting suggestion of the difficulty of handling mail in war time.

ON Wednesday evening, the 23d of May, I waited upon the Count, agreeably to his appointment. The Count seemed a little hurried in his spirits, and behaved as if he wished I had not come. He asked me rather abruptly if I had any thing particular to communicate to him, and whether I had received any further letters. I told him I had received some private ones from L'Orient, but that none from the President of Congress had as yet reached me, though I had reason to expect one by that opportunity, as well as by the vessel lately arrived at Cadiz. I informed him of my having received from Mr. Harrison a copy of his memorial to the Governor of Cadiz, complaining that letters brought for him by the Virginia, from Philadelphia, had been