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The Fathers of the Constitution; a chronicle of the establishment of the Union by Max Farrand
page 5 of 193 (02%)
street clothes, simple, often quite common. He is astonished to
see the public enter and leave the court room freely, those who
prefer even keeping their hats on." Later he adds: "It appears
that the court of France wished to set up a jurisdiction of its
own on this continent for all matters involving French subjects."
France failed in this; but at the very time that peace was under
discussion Congress authorized Franklin to negotiate a consular
convention, ratified a few years later, according to which the
citizens of the United States and the subjects of the French King
in the country of the other should be tried by their respective
consuls or vice-consuls. Though this agreement was made
reciprocal in its terms and so saved appearances for the honor of
the new nation, nevertheless in submitting it to Congress John
Jay clearly pointed out that it was reciprocal in name rather
than in substance, as there were few or no Americans in France
but an increasing number of Frenchmen in the United States.

Such was the status of the new republic in the family of nations
when the time approached for the negotiation of a treaty of peace
with the mother country. The war really ended with the surrender
of Cornwallis at Yorktown in 1781. Yet even then the British were
unwilling to concede the independence of the revolted colonies.
This refusal of recognition was not merely a matter of pride; a
division and a consequent weakening of the empire was involved;
to avoid this Great Britain seems to have been willing to make
any other concessions that were necessary. The mother country
sought to avoid disruption at all costs. But the time had passed
when any such adjustment might have been possible. The Americans
now flatly refused to treat of peace upon any footing except that
of independent equality. The British, being in no position to
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