The Diplomatic Correspondence of the American Revolution, Vol. 10
History
The Diplomatic Correspondence of the American Revolution, Vol. 10
United States -- Foreign relations -- 1775-1783; United States -- History -- Revolution, 1775-1783 -- Sources
3dly. That the United States have neither title nor right to require
anything more, and that if they wish to persuade him to further
engagements, it can only be voluntary on his part, and by uniting
_reciprocal counsels_, conformably to the expression of Article 1st of
the treaty, and as is proper for _good and faithful allies_. Even in
this case, it is impossible to foresee the state of things and minds
in Europe, or to judge what measures the important care of maintaining
his reputation, and the system of equity and moderation, which he has
made the fundamental principle of his reign, may require on his
Majesty's part. These considerations seem particularly due to an ally,
when he has contracted gratuitous obligations without any reciprocal
advantages.
4thly. By uniting the expressions of Articles 11th and 12th, it will
be seen, that the success of the war being alone able to fix the fate
of empires, it has been found impossible on concluding the treaty of
alliance to determine the possessions that the United States may
obtain on making peace; that consequently, the engagement of France
can only be conditional and eventual on this subject; that she is not
now held to any particular engagement, in relation to these
possessions, whether real or pretended; and that this obligation will
not commence till the time in which the possessions of the United
States shall be fixed by the cessation of the war.
5thly. In fine, it is indispensable to add to these considerations,
that when any doubt arises as to the expressions, the extent and the
application of the stipulations of a treaty, the laws of reason, and
of universal justice, as well as the rules of a good and faithful
alliance, decide, that an ally has no right to interpret it
arbitrarily and partially; that the attempt would at the same time
offend the dignity, and destroy the confidence of his ally; that
neither of them can in fact arrogate to himself the superiority in
connexions, which ought to be equal and reciprocal; that it is only by
a friendly explanation, by a formal agreement, that these doubts can
be removed, and the exact meaning of treaties determined; that in
short, this method would become still more indispensable, if it should
happen, that the pretensions of one of the parties were founded only
upon farfetched inductions, subject to discussion and contradiction,
and would tend to alter the essential and fundamental system of an
alliance.
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