The War in the Northwest 57 



settled 7 ; and the proposal showed how important 

 the French court deemed the fact of actual settle 

 ment. 



Thus the two allies of America were hostile to 

 her interests. The open foe, England, on the con 

 trary 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 Ameri 

 can commissioners to take no steps without the 

 knowledge and advice of France. Franklin was 

 inclined to obey these instructions; but Jay, sup 

 ported by Adams, boldly insisted on disregarding 

 them; and accordingly a separate treaty was nego 

 tiated 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 con 

 ferred merely inchoate rights, which became com 

 plete 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 Washing 

 ton County now the State of Tennessee she 

 rounded out her boundaries, specified them as run- 



1 Excluding only so much of Robertson's settlement as lay 

 south of the Cumberland, and Clark's conquest. 



