sell and settle lands
once comprehended within our lines, so we might forbear to exercise
that right, retaining the property, till circumstances should be more
favorable to the settlement, and this I agreed to do in the present
instance, if necessary for peace.

Hamilton agreed to the doctrine of the law of nations, as laid down in
Europe, but that it was founded on the universality of settlement there;
consequently that no lopping-off of territory could be made without a
lopping-off of citizens, which required their consent; but that the law
of nations for us, must be adapted to the circumstance of our unsettled
country, which he conceived the President and Senate may cede: that
the power of treaty was given to them by the constitution, without
restraining it to particular objects; consequently that it was given in
as plenipotentiary a form as held by any sovereign in any other society.
Randolph was of opinion, there was a difference between a cession to
Indians and to any others, because it only restored the ceded part to
the condition in which it was before we bought it, and consequently,
that we might buy it again hereafter: therefore, he thought the
executive and Senate could cede it. Knox joined in the main opinion. The
President discovered no opinion, but he made some efforts to get us to
join in some terms which could unite us all, and he seemed to direct
those efforts more towards me: but the thing could not be done.

Third question. We agreed in idea as to the line to be drawn; to wit, so
as to retain all lands appropriated, or granted, or reserved.

Fourth question. We all thought, if the Senate should be consulted, and
consequently apprized of our line, it would become known to Hammond, and
we should lose all chance of saving any thing more at the treaty than
our ultimatum.

The President, at this meeting, mentioned the declaration of some
person, in a paper of Fenno, that he would commence an attack on the
character of Dr. Franklin. He said, the theme was to him excessively
disagreeable on other considerations, but most particularly so, as
the party seemed to do it as a means of defending him (the President)
against the late attacks on him: that such a mode of defence would be
peculiarly painful to him, and he wished it could be stopped. Hamilton
and Randolph undertook to speak to Fenno to suppress it, without
mentioning it as the President's wish. Both observed, that they had
heard this declaration me