Thus the two allies of America were hostile to her interests. The open foe, England, on the contrary was anxious to conclude a separate treaty, so that she might herself be in better condition to carry on negotiations with France and Spain; she cared much less to keep the west than she did to keep Gibraltar, and an agreement with the United States about the former left her free to insist on the retention of the latter. Congress, in a spirit of slavish subserviency, had instructed the American commissioners to take no steps without the knowledge and advice of France. Franklin was inclined to obey these instructions; but Jay, supported by Adams, boldly insisted on disregarding them; and accordingly a separate treaty was negotiated with England. In settling the claims to the western territory, much stress was laid on the old colonial charters; but underneath all the verbiage it was practically admitted that these charters conferred merely inchoate rights, which became complete only after conquest and settlement. The States themselves had already by their actions shown that they admitted this to be the case. Thus North Carolina, when by the creation of Washington County--now the State of Tennessee--she rounded out her boundaries, specified them as running to the Mississippi. As a matter of fact the royal grant, under which alone she could claim the land in question, extended to the Pacific; and the only difference between her rights to the regions east and west of the river was that her people were settling in one, and could not settle in the other. The same was true of Kentucky, and of the west generally; if the States could rightfully claim to run to the Mississippi, they could also rightfully claim to run to the Pacific. The colonial charters were all very well as furnishing color of title; but at bottom the American claim rested on the peculiar kind of colonizing conquest so successfully carried on by the backwoodsmen. When the English took New Amsterdam they claimed it under old charters; but they very well knew that their real right was only that of the strong hand. It was precisely so with the Americans and the Ohio valley. They produced old charters to support their title; but in reality it rested on Clark's conquests and above all on the advance of the backwoods settlements. [Footnote: Mr. R. A. Hinsdale, in his excellent work on the "Old Northwest" (New York, 1888), seems to me to lay too much stress on the weight which our charter-claims gave us, and too little on the right we had acquired by actual possession. The charter-claims were elaborated with the most wearisome prolixity at the time; but so were the English claims to New Amsterdam a century earlier. Conquest gave the true title in each case; the importance of a claim is often in inverse order to the length at which it is set forth in a diplomatic document. The west was gained by: (1) the westward movement of the backwoodsmen during the Revolution; (2) the final success of the