CONDUCT OF ARTHUR LEE. 341 Afterwards at issue with Deane, the infirmities of his temper betrayed him into unpleasant controversies also with Dr. Franklin; and his conduct rendered him at the same time unacceptable to the French government. He returned to America in 1780, and was soon chosen a member of the legislature of Virginia. By that body he was elected, in December, 1781, one of the delegates of the State in Congress. His talents were of a high order; but notwithstanding the many and undoubted proofs he had given of his attachment to the interests and liberties of America, his unfriendliness to Dr. Franklin, and his resentment of the want of confidence in him manifested by the French government, were supposed to have produced in his mind a sentiment of disaffection to the alliance itself. The relations, moreover, of particular intimacy which he was known to have held with Lord Shelburne, and other persons of rank and consideration in England, naturally made his conduct and opinions an object of jealousy at the present mo ment. A letter addressed by him to Mr. Mann Page, a member of the House of Delegates of Virginia, of which body Mr. Lee himself was also a member, (there being at that period no legal incompatibility between a seat in Congress and one in the State legislature,) was spoken of as containing highly obnoxious opinions. This led to the adoption of the following resolution: "That the committee of privileges and elections do inquire into the subject-matter of a letter said to have been written by Arthur Lee, Esq., a delegate of this State in Congress, to Mann Page, Esq., a member of this House, containing matter injurious to the public interests; and that the said committee do call for persons and papers for their information." A report was made by the committee exculpating Mr. Lee, on the ground of his letter being a private and confidential one, not intended for the public eye, and because his former services placed him above the suspicion of designs inimical to the State, or America in general. A substitute, moved by Mr. Henry Tazewell, to the effect that the sentiments contained in the letter were such as, exposed to the public eye, "might create in our allies a distrust of our representatives," and the writing of it, therefore, was not to be justified,-received the votes of a considerable number of most respectable members; but the report of the committee was finally adopted by a majority of the House. This result, however, did not produce acquiescence. A few days afterwards, a formal motion was made that Mr. Lee be recalled from Congress; and, at the same time, information, subscribed by distinguished and responsible names, was laid before the House by a leading member in his place,' casting farther 1 This member was Colonel John Francis Mercer, just chosen a delegate to Congress in the place of Mr. Edmund Randolph, resigned. PROCEEDINGS AGAINST MR. LEE. 343 suspicions upon his political conduct and senti ments. The sequel of the motion is thus given in a letter from Mr. Edmund Randolph to Mr. Madison of the 27th of December, 1782: "The attack which I hinted at in my last, as being made upon Mr. Lee, was pushed with great vigor. Upon the motion for his recall, the ayes were 39, and the noes 41. His defence was pathetic. It called upon the Assembly to remember his services, to protect his honor, and not to put it out of his power to profit his country by his labors. The failure of some of his enemies to attend alone saved him. Should Henry come impossible he should to the next session, it seems be again elected." Nothing, perhaps, could mark more strongly the inflexible determination of the legislature of Virginia to maintain the national faith and honor, and to set at defiance every contrary device of British policy and intrigue, than this narrow escape from the stigma of its condemnation of one of its most honored servants and members, pleading, with pathetic effect, the merit of former and unquestionable services, and sustained by the allprevailing eloquence of a brother, Richard Henry Lee, who stood at his side, and covered him with the ægis of his popularity and fame. National Independence, Boundaries, Fisheries- Mr. Madison succeeds in his Efforts in Congress to place the last two on the same Footing in the Negotiation - Provisional Articles agreed upon and concluded between the British and American Commissioners Not communicated to the French Government until after their Signature - Dissatisfaction in France at Conduct of American Ministers - Their Despatches laid before Congress - Unfounded Suspicions of the Sincerity of France manifested by Mr. Jay and Mr. Adams - Recommendation of Secretary of Foreign Affairs-Debates in Congress - Bold and manly Speech of Mr. MadisonReport of Committee on Despatches - Letter addressed by Secretary of Foreign Affairs to American Commissioners-Reflections on the French Alliance Services and Conduct of France in the War of Independence — Just and noble Sentiment of Lafayette. THE firm attitude and language of the public bodies in the United States, strengthening the hands of their representatives in Europe, at length brought home to the British ministry the absolute conviction that, if they desired peace with America, it was not to be had by any attempt, open or covert, to separate her from her ally, or upon any terms short of unqualified independence. In little more than two months after the NEGOTIATIONS FOR PEACE. 345 formation of the new ministry, a commission was issued to Mr. Oswald, empowering him to treat with any commissioners who should be appointed on behalf of "the thirteen United States of America." Mr. Fitzherbert had been already sent to Paris, in the place of Mr. Grenville, with powers to treat for a general peace with France, Spain, and Holland. The negotiations now proceeded with activity. Mr. Jay, one of the American commissioners, had arrived in Paris from Madrid several months before, and been busily engaged, in conjunction with Dr. Franklin, in discussing, both with the French government and the agents of Great Britain, some important preliminary questions connected with the treaty. Mr. Adams did not arrive from Holland, where he had been employed in protracted negotiations, which he had just brought to a successful termination, until the latter part of October; but was thenceforward earnestly and unremittingly associated in the labors of his colleagues. Mr. Laurens, who had been released but a few months from his confinement in the Tower, appeared yet later, and only in time to unite in the last scenes of the negotiation.2 1 Afterwards Lord St. Helens. 2 Mr. Laurens had, in the first instance, declined the appointment of commissioner to treat of peace; but Congress, when apprised of his non-acceptance, was induced to pass a resolution directing the secretary of foreign affairs to inform him that the motives which led to his appointment still existed, and that his services in the execution of the commission could not be dispensed with. Secret Journals, vol. III. p. 213. A day or two after the passage of this resolution, a number of the Parliamentary Register |