Baltimore, 21st December, 1776.
Gentlemen,
After expressing our hopes, that this will find you all three safely
fixed at Paris, we proceed with pleasure to acknowledge the receipt of
Mr Deane's letter of the 1st of October. When we reflect on the
character and views of the Court of London, it ceases to be a wonder,
that the British ambassador, and all other British agents, should
employ every means that tended to prevent European powers, and France
more especially, from giving America aid in this war. Prospects of
accommodation, it is well known, would effectually prevent foreign
interference, and, therefore, without one serious design of
accommodating on any principles, but the absolute submission of
America, the delusive idea of conciliation has been industriously
suggested on both sides of the water, that, under cover of this
dividing and aid-withholding prospect, the vast British force sent to
America, might have the fairest chance of succeeding, and this policy
has in fact done considerable injury to the United States, as we shall
presently show by a just detail of this campaign, for it is not yet
ended.
You know, gentlemen, that, at the moment a potent land and marine
force was preparing to be sent hither, an act was passed for
appointing commissioners, who, too many expected, were to give peace
to America. As, therefore, the war might be soon concluded, so were
our military arrangements accommodated, and the troops taken into
service the last spring, consisting of regular corps and bodies of
militia, were all engaged for short periods. With these the campaign
began in various parts of North America. Dr Franklin is so well
acquainted with the progress of the war in Canada, previous to his
departure, that we need only observe, the campaign has ended as
favorably for us in that quarter, as we could reasonably expect. The
enemy, having been able to pierce no further than Crown Point, after a
short stay, and reconnoitering General Gates' army, at Ticonderoga,
thought proper to recross the lake, and leave us in quiet possession
of those passes. General Gates, having left a proper force at
Ticonderoga, and on the communication, retired with the rest of his
troops. New York and its neighborhood not being defensible by an army
singly against a strong land and sea force, acting in conjunction,
was, of necessity, yielded to the enemy, after some contest, General
Washington retiring, until the situation of the country above
Kingsbridge no longer enabled the enemy to receive aid from their
ships.
General Howe having stopped here, and General Carleton at Crown Point,
effectually disappointed the great object of joining the two armies.
The latter, as we have said, returning to Canada, and the former
retreating from the White Plains towards New York, gave us a favorable
prospect of seeing a happy end put to this dangerous campaign, however
many causes have concurred in producing an unlucky reverse of fortune,
such as the nature of the country, the uncommon fineness of the
weather, even to this day, and, above all, the short enlistments,
which gave the soldiery an opportunity of going home, tired as they
were with the operations of an active summer.
When General Howe retreated from the White Plains, he halted his whole
army on the North River, between Dobbs' Ferry and Kingsbridge, where
he remained for some time. Having effected so little of the great
business that brought him here, and the season allowing him time for
it, most men were of opinion, that the next attempt would be, to get
possession of Philadelphia by a forced march through the Jerseys,
whilst a fleet should be sent up the Delaware to facilitate the
enterprise. To guard against such a manœuvre, General Washington
crossed the North River with all the battalions, that had been raised
to the westward of it, leaving General Lee, with the eastern troops,
to guard the pass of the Highlands on Hudson River. In this situation
of things, General Howe made a sudden attack upon Fort Washington,
with the greatest part of his army, and carried it with considerable
loss, making nearly three thousand of our men prisoners. By this
event, it became unnecessary longer to hold Fort Lee, or Fort
Constitution, as it was formerly called, which is on the west side of
the North River, nearly opposite Fort Washington. It had therefore
been determined to abandon Fort Lee, but before the stores could be
all removed, the enemy came suddenly upon it, and the garrison
retreated, leaving some of their baggage and stores behind.
About this time General Howe became possessed of a letter, (by the
agency of some wicked person, who contrived to get it from the
express) written by General Washington to the Board of War, in which
he had given an exact account when the time of service of all our
battalions would expire, and his apprehensions, that the men would not
re-enlist without first going home to see their families and friends.
Possessed of this intelligence, the opportunity was carefully watched,
and a vigorous impression actually made at the very crisis, when our
army in the Jerseys was reduced to 3000 men by the retiring of
numbers, and the sickness of others; and before militia could, in this
extensive country, be brought up to supply their places, the enemy
marched rapidly on through the Jerseys, whilst our feeble army was
obliged to retreat from post to post until it crossed the Delaware at
Trenton, where about 2500 militia from the city of Philadelphia joined
the General.
Since General Howe's arrival on the borders of the Delaware, various
manœuvres and stratagems have been practised to effect a passage
over the river, but they have hitherto failed. General Washington's
small army is placed along the West side of the Delaware to within
fourteen miles of Philadelphia, from above Coryel's Ferry, which, with
the gondolas, one frigate of thirtytwo guns, and other armed vessels
in the river above the Cheveaux de Frize, cover the passage of it.
General Lee (who had crossed the North River with as many of the
eastern troops as could be spared from the defence of the Highlands,
either to join General Washington, or to act on the enemy's rear, as
occasions might point out) was the other day surprised and made
prisoner by a party of seventy light horse, who found him in a house a
few miles in the rear of his army, with his domestics only. This loss,
though great, will in some degree be repaired for the present by
General Gates, who, we understand, has joined the army commanded by
General Lee, and who, we have reason to think, has by this time
effected a junction of his force with that of General Washington.
As the militia are marching from various quarters to reinforce the
General, if the enemy do not quickly accomplish their wishes of
possessing Philadelphia, we hope not only to save that city, but to
see General Howe retreat as fast as he advanced through the Jerseys.
General Clinton, with a fleet, in which it is said he carried 8000
men, has gone from New York through the Sound, some suppose for Rhode
Island, but neither his destination, or its consequences are yet
certainly known to us.
Thus, gentlemen, we have given you a true detail of the progress and
present state of our affairs, which, although not in so good a posture
as they were two months ago, are by no means in so bad a way, as the
emissaries of the British court will undoubtedly represent them. If
the great land and sea force, with which we have been attacked, be
compared with the feeble state, in which the commencement of this war
found us with respect to military stores of all kinds, soldiers'
clothing, navy and regular force; and if the infinite art be
considered, with which Great Britain has endeavored to prevent our
getting these necessaries from foreign parts, which has in part
prevailed, the wonder will rather be, that our enemies have made so
little progress, than that they have made so much.
All views of accommodation with Great Britain, except on principles of
peace as independent States, and in a manner perfectly consistent with
the treaties our commissioners may make with foreign States, being
totally at an end, since the declaration of independence and the
embassy to the court of France, Congress have directed the raising of
ninetyfour battalions of infantry, with some cavalry; thirteen
frigates from twentyfour to thirtysix guns are already launched and
fitting, and two ships of the line, with five more frigates, are
ordered to be put on the stocks. We hear the levies are going on well
in the different States. Until the new army is collected, the militia
must curb the enemy's progress. The very considerable force that Great
Britain has already in North America, the possibility of recruiting it
here within their own quarters by force and fraud together, added to
the reinforcements that may be sent from Europe, and the difficulty of
finding funds in the present depressed state of American commerce, all
conspire to prove incontestibly, that if France desires to preclude
the possibility of North America being ever reunited with Great
Britain, now is the favorable moment for establishing the glory,
strength, and commercial greatness of the former kingdom, by the ruin
of her ancient rival. A decided part now taken by the Court of
Versailles, and a vigorous engagement in the war in union with North
America, would with ease sacrifice the fleet and army of Great
Britain, at this time chiefly collected about New York. The inevitable
consequence would be, the quick reduction of the British Islands in
the West Indies, already barred of defence by the removal of their
troops to this continent.
For reasons here assigned, gentlemen, you will readily discern how all
important it is to the security of American independence, that France
should enter the war as soon as may be; and how necessary it is, if it
be possible, to procure from her the line of battle ships, you were
desired, in your instructions, to obtain for us, the speedy arrival of
which here, in the present state of things, might decide the contest
at one stroke.
We shall pay proper attention to what Mr Deane writes concerning Dr
Williamson and Mr Hopkins, and we think, that the ill treatment this
country and Mr Deane have received from these men, strongly suggests
the necessity of reserve with persons coming to France as Americans,
and friends to America, about whom the most irrefragable proofs have
not removed all doubt.[25]
The British recall of their Mediterranean passes is an object of great
consequence, and may require much intercession with the Court of
France to prevent the mischiefs, that may be derived to American
commerce therefrom, but this subject has been already touched upon in
your instructions on the sixth article of the treaty, proposed to be
made with France. As all affairs relative to the conduct of commerce
and remittance pass through another department, we beg leave to refer
you to the Secret Committee and Mr Thomas Morris, their agent in
France, for every information on those subjects. The neighborhood of
Philadelphia having, by the enemy's movements, become the seat of war,
it was judged proper that Congress should adjourn to this town, where
the public business may be attended to with the undisturbed
deliberation that its importance demands. The Congress was accordingly
opened here on the 20th inst.
As it is more than probable, that the conference with Lord Howe, on
Staten Island, may be misrepresented to the injury of these States, we
do ourselves the pleasure to enclose you an authenticated account of
the whole business, which the possibility of Dr Franklin's not
arriving renders proper. This step was taken to unmask his lordship
and evince to the world, that he did not possess powers, which, for
the purpose of delusion and division, had been suggested.
Mr Deane's proposition of a loan is accepted by Congress, and they
have desired two millions sterling to be obtained if possible. The
necessity of keeping up the credit of our paper currency, and the
variety of important uses that may be made of this money, have induced
Congress to go so far as six per cent, but the interest is heavy, and
it is hoped, that you may be able to do the business on much easier
terms. The resolves of Congress on this subject are enclosed, and your
earliest attention to them is desired, that we may know, as soon as
possible, the event of this application. Another resolve enclosed will
show you, that Congress approve of armed vessels being fitted out by
you on Continental account, provided the Court of France dislike not
the measure, and blank commissions for this purpose will be sent you
by the next opportunity. Private ships of war, or privateers, cannot
be admitted where you are, because the securities, necessary in such
cases to prevent irregular practices, cannot be given by the owners
and commanders of such privateers. Another resolve of Congress, which
we have the honor to enclose you, directs the conduct to be pursued
with regard to Portugal.[26]
We have nothing further to add at present, but to request, that you
will omit no good opportunity of informing us, how you succeed in your
mission, what events take place in Europe, by which these States may
be effected, and that you contrive to send to us in regular succession
some of the best London, French, and Dutch newspapers, with any
valuable political publications, that may concern North America.
We have the honor to be, with great respect and esteem, Gentlemen,
your most obedient and very humble servants,
B. HARRISON,
R. H. LEE,
J. WITHERSPOON,
W. HOOPER.
P. S. The American captures of British vessels at sea have not been
less numerous, or less valuable, than before Dr Franklin left us. The
value of these captures have been estimated at two millions.
Philadelphia, 21st December, 1776.
Gentlemen,
I am now the only member of Congress in this city, unless Mr Walton,
of Georgia, and Mr Clymer, my colleague, still remain, which I am not
sure of. I cannot pretend to give you a regular detail of our manifold
misfortunes, because my books and papers are all gone into the
country, as is my family. But these unfortunate events commenced with
the loss of Fort Washington, by the reduction of which, the enemy made
about two thousand seven hundred prisoners, and at this critical time,
they, by treachery, bribery, or accident, intercepted some despatches
from General Washington to Congress, also some of the General's
private letters, particularly one to Mr Rutledge, in which he had
fully laid open the unfortunate situation he was then involved in, by
the short enlistments of our army; for the times of most of them
expired on the 1st of December, and the rest on the 1st of January,
when the whole army would leave him, as they had undergone great
fatigue during the whole of the campaign; had suffered amazingly by
sickness and the approach of winter, added to an appearance of much
suffering for want of clothes.
All these things he stated fully, and the enemy became possessed of a
most authentic account of his real situation. They determined to take
advantage of it, and before General Washington had time to make any
new arrangements at Fort Lee, on the west side of the North River, to
which he had crossed, with about eight thousand men, a large body of
troops landed above, and another below him, so that he was near being
enclosed with a force vastly superior. In this situation, he had
nothing left for him, but to retire directly off the neck of land, on
which that fort stands, leaving behind him considerable baggage and
stores, with most of our large cannon and mortars. He retreated to
Hackensack, and was there in hopes of making a stand, until the
militia of the country should come to his assistance, but the
vigilance of the enemy did not give him time for this. They pursued,
and he retreated all the way through the Jerseys to Trenton, and from
thence they forced him across the Delaware, where he still remains, to
oppose their passage across the river.
Lord Cornwallis commanded the British forces in the Jerseys, until
they reached Brunswick, where General Howe joined them with
reinforcements, and determined to make his way to this city, without
further loss of time. You may be sure the militia of New Jersey and
this State were called upon to turn out, and defend their country in
this hour of distress. Alas, our internal enemies had, by various arts
and means, frightened many, disaffected others, and caused a general
languor to prevail over the minds of almost all men, not before
actually engaged in the war. Many are also exceedingly disaffected
with the constitutions formed for their respective States, so that
from one cause or other, no Jersey militia turned out to oppose the
march of an enemy through the heart of their country; and it was with
the utmost difficulty, that the associators of this city could be
prevailed on to march against them. At length, however, it has been
effected; they have been up with the General about two weeks, and the
example is likely to produce its effect in the country, as they are
now pretty generally on their march towards Trenton.
During General Washington's retreat through the Jerseys, he wrote for
General Lee, who was left to command on the east side of the North
River, with about ten to eleven thousand men, most of whose
enlistments are now expired, or near it. He obeyed the summons, and
brought with him about three thousand men; with whom he followed the
enemy's rear, but was obliged to make slow marches, as his people
were in great want of shoes, stockings, and other necessaries, which
he was obliged to collect from the tories in the neighborhood of his
route. After he had passed a place called Chatham, near Elizabethtown,
he lodged at a farm house. Some treacherous villain gave notice to the
enemy, and the General's ill fate, or some other cause I am not
acquainted with, delayed him there, until near 10 o'clock on Friday
morning, his army having marched, and their rear about three miles
from him, when he was surprised by about seventy light horse, who made
him prisoner, and bore him off in triumph. This is an event much to be
lamented. I sincerely pity Lee, and feel for the loss my country
sustains; his abilities had frequently been immensely useful; the want
of them will be severely felt.
The command of this party devolved on General Sullivan, who continued
his route, fell in with General Gates, with five hundred men,
returning from the Lakes, and both joined General Washington
yesterday. This junction is what we have long impatiently wished for,
but still I fear our force is not equal to the task before them, and
unless that task is performed, Philadelphia, nay, I may say
Pennsylvania, must fall. The task I mean, is to drive the enemy out of
New Jersey, for at present they occupy Brunswick, Princeton, Trenton,
Pennytown, Bordenton, Burlington, Morristown, Mount Holly, and
Haddonfield, having their main body about Princeton, and strong
detachments in all the other places, it is supposed with a design of
attacking this city, whenever they can cross the Delaware on the ice,
for they have only been kept from it, by our sending up the gondolas
and bringing off, or destroying, all the boats along the Jersey shore.
You will think the enemy are now in a situation for us to attack
their scattered parties, and cut them off. This we think too, and are
preparing to do it, but it will be a work of extreme difficulty to get
at them; they have excellent intelligence of all our motions; we can
hardly come at any certainty about theirs, for Lord Howe and General
Howe issued a proclamation on the 30th of November, offering pardon to
all, who should submit within sixty days, and subscribe a declaration,
that they will not hereafter bear arms against the king's troops, nor
encourage others to do it. This has had a wonderful effect, and all
Jersey, or far the greater part of it, is supposed to have made their
submission, and subscribed the declaration required; those who do so,
of course become our most inveterate enemies; they have the means of
conveying intelligence, and they avail themselves of it.
In this perplexing situation of things, the Congress were informed,
this day week, that an advanced party of Hessians and Highlanders had
taken possession of Burlington, that they were pushing for Cooper's
Ferry, opposite the city, and it was thought had the means of crossing
the river. There were no troops to oppose them; our whole force, both
by land and water, was above; it was therefore deemed unsafe for
Congress to remain here, and absolutely necessary that they should be
in a place of safety, where they could deliberate coolly and freely
without interruption, and last Saturday they adjourned to Baltimore,
where they are now sitting. This city was for ten days, the greatest
scene of distress that you can conceive; every body but Quakers were
removing their families and effects, and now it looks dismal and
melancholy. The Quakers and their families pretty generally remain;
the other inhabitants are principally sick soldiers, some few
effective ones under General Putnam, who is come here to throw up
lines, and prepare for the defence of the place, if General Washington
should be forced to retreat hither. You may be sure I have my full
share of trouble on this occasion, but having got my family and books
removed to a place of safety, my mind is more at ease, and my time is
now given up to the public, although I have many thousand pounds'
worth of effects here, without any prospect of saving them.
We are told the British troops are kept from plunder, but the Hessians
and other foreigners, looking upon that as the right of war, plunder
wherever they go, from both whigs and tories, without distinction, and
horrid devastations they have made on Long Island, New York Island,
White Plains, and New Jersey, being the only parts they have yet set
foot on. Should they get this fine city, they will be satiated, if the
ruin of thousands of worthy citizens can satisfy their avarice.
This is not the only part of the continent, that now feels the weight
of their resentment; General Clinton, with from three to six thousand
men, has invaded Rhode Island, and it is said, has taken possession of
it; whether he will make any attempt on the main, during this severe,
inclement season, I do not know, but if he does, I hope he may find
cause to repent it.
I must add to this gloomy picture one circumstance, more distressing
than all the rest, because it threatens instant and total ruin to the
American cause, unless some radical cure is applied, and that
speedily; I mean the depreciation of the continental currency. The
enormous pay of our army, the immense expenses at which they are
supplied with provisions, clothing, and other necessaries, and, in
short, the extravagance that has prevailed in most departments of the
public service, have called forth prodigious emissions of paper money,
both continental and colonial. Our internal enemies, who, alas, are
numerous and rich, have always been undermining its value by various
artifices, and now that our distresses are wrought to a pitch by the
success and near approach of the enemy, they speak plainer, and many
peremptorily refuse to take it at any rate. Those that do receive it,
do it with fear and trembling, and you may judge of its value, even
amongst those, when I tell you that £250 continental money, or 6662/3
dollars is given for a bill of exchange of £100 sterling, sixteen
dollars for a half johannes, two paper dollars for one of silver,
three dollars for a pair of shoes, twelve dollars for a hat, and so
on; a common laborer asks two dollars a day for his work, and idles
half his time.
All this amounts to real depreciation of the money. The war must be
carried on at an expense proportioned to this value, which must
inevitably call for immense emissions, and, of course, still further
depreciations must ensue. This can only be prevented by borrowing in
the money now in circulation; the attempt is made, and I hope will
succeed by loan of lottery. The present troubles interrupt those
measures here, and as yet I am not informed how they go on in other
States, but something more is necessary; force must be inevitably
employed, and I dread to see that day. We have already calamities
sufficient for any country, and the measure will be full, when one
part of the American people is obliged to dragoon another, at the same
time that they are opposing a most powerful external foe.
For my part I see but two chances for relief; one is from you. If the
Court of France open their eyes to their own interest, and think the
commerce of North America will compensate them for the expense and
evil of a war with Britain, they may readily create a diversion, and
afford us succors that will change the fate of affairs; but they must
do it soon; our situation is critical, and does not admit of delay. I
do not mean by this, that instant submission must ensue, if they do
not directly afford us relief; but there is a great difference between
the benefits they will derive from a commercial connexion with this
country, in full health and vigor, and what they can possibly expect,
after it is exhausted by repeated efforts during the precarious
process of a tedious war, during which its cities will be destroyed,
the country ravaged, the inhabitants reduced in numbers, plundered of
their property, and unable to reap the luxuriant produce of the finest
soil in the world. Neither can they, after a tedious delay in
negotiation, expect that vigorous assistance from us in prosecuting
the war, that they may be assured of, if they join us in its infancy.
If they join us generously in the day of our distress, without
attempting undue advantages because we are so, they will find a
grateful people to promote their future glory and interest with
unabating zeal; and from my knowledge of the commerce of this country
with Europe, I dare assert, that whatever European power possesses the
preemption of it, must of consequence become the richest and most
potent in Europe. But should time be lost in tedious negotiations, and
succors be withheld, America must sue for peace from her oppressors.
Our people knew not the hardships and calamities of war, when they so
boldly dared Britain to arms; every man was then a bold patriot, felt
himself equal to the contest, and seemed to wish for an opportunity of
evincing his prowess; but now, when we are fairly engaged, when death
and ruin stare us in the face, and when nothing but the most intrepid
courage can rescue us from contempt and disgrace, sorry am I to say
it, many of those who were foremost in noise, shrink coward-like from
the danger, and are begging pardon without striking a blow. This,
however, is not general, but dejection of spirits is an epidemical
disease, and unless some fortunate event or other gives a turn to the
disorder, in time it may prevail throughout the community. No event
would give that turn so soon, as a declaration of war on the part of
France against Great Britain, and I am sure if they lose this golden
opportunity they will never have such another.
You will doubtless be surprised, that we have not made better progress
with our navy, because you are unacquainted with the many difficulties
and causes of delay that have encountered us. The want of seacoal for
our anchor smiths has been a great bar to our progress, the
disappointment in our first attempts to cast cannon has been another,
but above all, we have been hindered by the constant calling out of
our militia, in a manner that did not admit of the necessary tradesmen
being exempted. You will wonder at this; it would be a long story to
unfold the reasons, therefore suffice that it is so. Dr Franklin can
inform you of many particulars respecting the flying camp; therefore,
I shall give you the present state of our navy, according to the best
of my knowledge at this time.
The frigate in New Hampshire is a very fine ship, completed in every
particular, except the want of cannon, which was to have been cast in
Rhode Island, but the spirit of privateering has prevailed so
eminently there, that they have sacrificed every other pursuit to it,
both public and private, as I am informed; and we have ordered the
guns cast in Connecticut for that frigate to be sent to Portsmouth.
As soon as they arrive, the Raleigh will be manned, and sail on a
cruise.
At Boston they have also two fine frigates; the Boston of twentyfour
guns, I expect is at sea before this time, commanded by Captain
McNeil, a very clever officer; the other is nearly ready, commanded by
Captain Manly.
In Rhode Island were built the two worst frigates, as I have been
informed by those that have seen the whole; these two are completely
fitted, and were partly manned when we last heard from them, so that I
hope they are now at sea.
In Connecticut the frigate is said to be a fine ship, but she cannot
get to sea this winter for want of cordage and other stores. In New
York two very fine frigates are blocked up by the enemy, and hauled
into Esopus Creek for safety. At this place we have four very fine
ships, one of them the Randolph, Captain Biddle, of twentysix twelve
pounders, will, I hope, go to sea in company with this letter;
another, the Delaware, Captain Alexander, is getting ready, and I hope
will get out this winter; the other two want guns, anchors, and men.
At Baltimore is a fine frigate, now only waiting for an anchor and
men.
Besides these we have in service, the Alfred, Columbus, and Reprisal,
ships from sixteen to twentyfour guns, the brigantines Cabot, Camden,
Andrew Doria, and Lexington, of twelve to sixteen guns, the sloops
Providence, Hornet, Fly, Independence, Sachem, and schooners Wasp,
Mosquito, and Georgia Packet, all in actual service, and they have had
great success, in taking valuable prizes, as indeed have numbers of
privateers from all parts of America. We have besides two very fine
low galleys, built here, of ninety feet keel, but they are not yet
rigged; and it has lately been determined by Congress to build some
line of battle ships, and at all events to push forward, and pay the
utmost attention to an American navy. The greatest encouragement is
given to seamen, which ought to be made known throughout Europe. Their
pay in our navy is eight dollars per month, with the best chance for
prize money, that men ever had, and liberty of discharges after every
cruise if they choose it. In the merchant service they now get from
thirty to forty dollars per month; and this leads me to the state of
our commerce.
In the Eastern States, they are so intent on privateering, that they
mind little else; however, there is some exportation of produce from
thence, and as to imports, they are the best supplied of any part of
America, having been surprisingly successful in captures. New York
being in the hands of the enemy, we have nothing to say to it, and the
produce of New Jersey will be totally consumed by their army and ours.
In this State, (Pennsylvania,) we had last season the worst crop of
wheat ever known, both as to quantity and quality; this being our
staple commodity, and stores prohibited, our merchants have been led
to purchase much tobacco in Maryland and Virginia, and their ships are
employed in the export of this article, with some flour, boards,
beeswax, &c. We have a good many imports, but as fast as goods arrive,
they are bought up for the army, or for the use of neighboring States,
and therefore continue to bear high prices.
The value of ships has risen in the same enormous proportion with
every thing else, and ships, that were deemed worth £1000, twelve
months ago, now sell for £3000, or upwards. Every article belonging to
them is also excessively dear, and hard to be got, and the insolence
and difficulty of seamen is beyond bearing. In Maryland, Virginia,
South Carolina, and Georgia, they have plenty of valuable produce on
hand, but no ships to carry it away, and constant cruisers all along
the coast make it very dangerous to send ships from one port to
another; so that look which way you will, you find us surrounded with
difficulties, in the land service, in the sea service, and in our
commerce.
Agriculture and mechanics have their impediments, by the enlisting of
soldiers, and frequent calls on the militia. In short nothing but the
most arduous exertions, and virtuous conduct in the leaders, seconded
by a spirited behavior in the army, and a patient endurance of
hardships by the people in general, can long support the contest;
therefore the Court of France should strike at once, as they will reap
an immediate harvest; they may sell their manufactures for any price
they please to ask, they will get in payment tobacco, rice, indigo,
deerskins, furs, wheat, flour, iron, beeswax, lumber, fish, oil,
whalebone, pot and pearl ashes, and various other articles, and, if
they please, here is an ample field to employ their shipping, and
raise seamen for their navy.
I will not enter into any detail of our conduct in Congress, but you
may depend on this, that so long as that respectable body persist in
the attempt to execute, as well as to deliberate on their business, it
never will be done as it ought, and this has been urged many and many
a time, by myself and others, but some of them do not like to part
with power, or to pay others for doing what they cannot do themselves.
I have Mr Deane's favor of the 30th of September,[27] to myself, now
before me; the letter by the same conveyance from Martinico, under
cover of Mr Bingham's, I sent down to the committee at Baltimore, and
wrote them my mind on the justice of your complaints, for want of
intelligence. I had often told it to them before; you know well I was
not put in that committee to carry on the correspondence, but to find
out the conveyances; however, I have been obliged to write all the
letters, that have been written for some time past; but as Colonel
Lee, Mr Hooper, and the Rev. Dr Witherspoon are now added to the
committee, I shall excuse myself from that task, although I have
thought it proper to give you a just state of our affairs at this
time, because I do not suppose the committee will be got fairly
together in Baltimore yet, and when they do, it is probable they may
not be fond of laying things before you so fully as I have done. Some
of us are of very sanguine complexions, and are too apt to flatter
ourselves, that things are not so bad as they appear to be, or that
they will soon mend, &c. Now my notion is, that you, gentlemen
commissioners, should be fairly and fully informed of the true state
of affairs, that you may make a proper use of that knowledge, keeping
secret what ought to be so, and promulgating what should be known.
Doctor Franklin will see this letter, for whose safe arrival my best
wishes have often gone forth, and I embrace this opportunity of
assuring him of the high respect and esteem I entertain for him. I
also beg my compliments to Mr Lee, if he is with you; tell him I have
the commission, in which he is nominated, ready to send, but it is
gone into the country with my papers, or I would send it by this
conveyance. My own affairs necessarily detained me here after the
departure of Congress, and it is well I staid, as I am obliged to set
many things right, that would otherwise be in the greatest confusion.
Indeed, I find my presence so very necessary, that I shall remain here
until the enemy drive me away.
I have the honor to be, &c.
ROBERT MORRIS.
Baltimore, 30th December, 1776.
Gentlemen,
You will be pleased to receive herewith copies of our letter of the
21st inst., and of its enclosures, which we recommend to your
attention. Since that letter was written, General Washington having
been reinforced by the troops lately commanded by General Lee, and by
some corps of militia, crossed the Delaware with 2500 men, and
attacked a body of the enemy posted at Trenton, with the success that
you will see related in the enclosed handbill. We hope this blow will
be followed by others, that may leave the enemy not so much to boast
of, as they some days ago expected, and we had reason to apprehend.
Upon mature deliberation of all circumstances, Congress deem the
speedy declaration of France and European assistance so indispensably
necessary to secure the independence of these States, that they have
authorised you to make such tenders to France and Spain, as, they
hope, will prevent any longer delay of an event, that is judged so
essential to the well being of North America. Your wisdom, we know,
will direct you to make such tenders to France and Spain, as they
hope will procure the thing desired, on terms as much short of the
concessions now offered as possible; but no advantages of this kind
are proposed at the risk of a delay, that may prove dangerous to the
end in view. It must be very obvious to the Court of France, that if
Great Britain should succeed in her design of subjugating these
States, their inhabitants, now well trained to arms, might be
compelled to become instruments for making conquest of the French
possessions in the West Indies, which would be a sad contrast to that
security and commercial benefit, that would result to France from the
independence of North America.
By some accident in removing the papers from Philadelphia to this
place, the Secretary of Congress has mislaid the additional
instructions formerly given you, by which you were empowered to
negotiate with other Courts besides France. We think it necessary to
mention this to you, lest the paper should have got into wrong hands,
and because we wish to have a copy sent us by the first good
opportunity.
We observe, that Mr Deane sent his despatches for this committee open
to Mr Bingham. Though we have a good opinion of that gentleman, yet we
think him rather too young to be made acquainted with the business
passing between you and us, and therefore wish this may not be done in
cases of much importance.
The next opportunity will bring you the determination of Congress
concerning the persons, that are to be sent to the Courts of Vienna,
Russia, Spain, and the Grand Duke of Tuscany. In the mean time, it is
hoped, that, through the medium of the ambassadors from those Courts
to that of France, you may be so fortunate as to procure their
friendly mediation for the purposes proposed by Congress.
Our Andrew Doria, of 14 guns, has taken a king's sloop of war, of 12
guns, after a smart engagement.
In our last we say, the enemy made near 3000 prisoners at Fort
Washington, but the number is fixed at 2634. The West Indiamen taken
by our cruisers amount to 250 sail.
The scarcity of ships here is so great, that we shall find much
difficulty in making the extensive remittances to France, that we
ought, in due season; therefore, it will in our opinion be an object
of great importance, to obtain the consent of the Farmers-General to
send to Virginia and Maryland for any quantity of tobacco they may
choose, or to the State of North Carolina for any quantity of naval
stores, which may be wanted for public use, or to supply the demands
of private merchants.
The terms, both as to quantity and price, you will endeavor to learn,
and let it be made known to us with all possible expedition, that you
may receive an answer thereon.
The Captain of the armed vessel, that carries these despatches, has
orders to deliver them himself to you in Paris, and his vessel will
expect his return in a different port from the one he arrives at; he
will take your directions about his return, and receive your letters,
but the anxiety prevailing here to know your success, renders it
proper, that he should return with all possible despatch.
Wishing you health, success, and many happy years, we remain,
gentlemen, yours, &c.
B. HARRISON,
R. H. LEE,
J. WITHERSPOON,
W. HOOPER.
Baltimore, 2d January, 1777.
Sir,
You are to proceed with all the despatch in your power, with the
schooner Jenifer, under your command, to Nantes, in France; on your
arrival there, you are to apply to Mr Thomas Morris, if he should be
at that port, if he should not, your application must be to Messrs
Pliarne, Penet & Co., who will furnish you with necessary cash for
your journey to Paris, for which place you must set out immediately,
and deliver your despatches to Messrs Franklin, Deane, and Lee, and
wait their orders; when they discharge you, you are to return with the
utmost diligence to America, and put into the most convenient port to
the southward of the Delaware; we think Chincoteague or some other on
the back of the Eastern shore the most likely for avoiding men of war,
and would therefore have you attempt getting into one of those ports;
when arrived, you must leave the schooner under the command of your
mate, and bring the despatches yourself to Congress, wherever it may
be sitting.
You are, before you set out for Paris, to consult with Mr Morris or
the above gentlemen, whether your vessel will not be most likely to
escape the enemy by sending her to some other port to meet you on your
return; if this should be their opinion, you are to give orders to
your mate accordingly; you are also to deliver your pig iron to the
orders of those gentlemen, and take from them such a quantity of
military stores, as will ballast your vessel. The safe delivery of the
despatches, with which you are intrusted, and the obtaining answers
to them, are matters of such immense consequence to the Continent,
that we cannot too strongly recommend to you the avoiding all vessels
that you may see, either outward bound, or on your return. You are
also to avoid as much as possible, falling in with headlands and
islands, as it is most usual for men of war to cruise off such places.
The despatches will be delivered to you in a box, which you must put
into a bag with two shots, that, in case of falling in with an enemy,
from which you cannot escape, you may be prepared to sink them, which,
on such an event happening, we earnestly insist on your doing.
We wish you a good voyage, and safe return, and are your most humble
servants,
B. HARRISON,
R. H. LEE.
P. S. When you arrive at Nantes, inquire and get directions from the
gentlemen there, to whom you are recommended for cash to carry you to
Paris, where Dr Franklin, Mr Deane, or Mr Arthur Lee lodge in Paris;
and above all things take care not to let it be known at Nantes, from
whence you come, your business, or where you are going, except to the
above gentlemen.
Paris, 17th January, 1777.
Gentlemen,
We joined each other at this place on the 22d of December, and, on the
28th, had an audience of his Excellency the Count de Vergennes, one
of His Most Christian Majesty's principal Secretaries of State, and
Minister for Foreign Affairs. We laid before him our commission, with
the articles of the proposed treaty of commerce.[28] He assured us of
the protection of his Court, and that due consideration should be
given to what we offered. Soon after we presented a memoir of the
present situation of our States, drawn up at the minister's request,
together with the articles of general confederation, and the demands
for ships of war, agreeable to our instructions. Copies of all these
papers were given by us to the Count d'Aranda, His Catholic Majesty's
Ambassador here, to be communicated to his Court. We are promised an
answer from this Court, as soon as they can know the determination of
Spain, with which they mean to act in perfect unanimity.
In the mean time, we are endeavoring to expedite several vessels laden
with artillery, arms, ammunition, and clothing, which we hope will
reach you in time for the campaign, though unfortunately one vessel,
which Mr Deane had sent so laden, has just put back, after having been
three weeks at sea. She is, however, now sailed again. The ports of
France, Spain, and Florence, (that is Leghorn, in the Mediterranean,)
are open to the American cruisers, upon the usual terms of neutrality.
We find it essential to the establishment and maintenance of your
commercial credit in Europe, that your concerns of that kind should be
in the hands of the most respectable men, in the different countries.
From the observations we have made, Mr Myrtle is not of that
description, and we are sorry to say, that the irregularities of Mr
Thomas Morris render it absolutely necessary, that some other person
should be immediately appointed in his place. We also think it
advisable, that you should be so far on your guard, with respect to
Mons. Penet, as not to deviate from the original contract made with
him, as we cannot learn that he is known to be a person of substance,
at the same time it is but justice to say, that he appears to be
active, industrious, and attentive to your interests. He is indeed
connected with a very good house in Nantes, M. Gruel, but we know not
the terms of that connexion, or how far M. Gruel is answerable. It
seems to us, that those houses, which are connected in Great Britain,
are to be avoided.
It would be useful if we had some blank commissions for privateers,
and we therefore wish some may be sent us, by the first opportunity.
As vessels are almost daily arriving from America, at the ports here,
we conceive advices of the proceedings in the campaign might be
frequently sent to us, so as to enable us to contradict the
exaggerated representations made by the English of their successes;
which, standing uncontroverted, have a considerable influence upon our
credit and upon our cause.
Great efforts are now making by the British government, to procure
more troops from Germany. The Princes in alliance with France have
refused to lend any, or to enter into any guarantee of Hanover, which
England has been mean enough to ask, being apprehensive for that
Electorate, if she should draw from it more of its troops. Four more
regiments, two of them to be light horse, are raising in Hesse, where
there has been an insurrection, on account of drafting the people; and
now great sums of money are distributed for procuring men. They talk
of ten thousand men in all to be sent over this spring. These things
do not look as if England was very confident of success in the next
campaign, without more aid.
The hearts of the French are universally for us, and the cry is strong
for immediate war with Britain. Indeed every thing tends that way, but
the Court has its reasons for postponing it a little longer. In the
mean time preparations are making for it. They have already a fleet of
twentysix sail of the line, manned and fit for sea. Spain has
seventeen sail in the same state, and more are fitting with such
diligence, that they reckon to have thirty sail in each kingdom, by
the month of April. This must have an immediate good effect in our
favor, as it keeps the English fleet at bay, coops up their seamen, of
whom they will scarce find enough to man their next set of transports,
and probably keep Lord Howe's fleet more together, for fear of a
visit, and leave us more sea room to prey upon their commerce, and a
freer coast to bring in our prizes; and also the supplies we shall be
able to send you, in consequence of our agreement with the
Farmers-General, which is, that the Congress shall provide, purchasing
bona fide at the lowest price possible, twenty thousand hogsheads of
tobacco, in Virginia and Maryland, at the public warehouses in those
States, for the ships which they, the Farmers-General, shall send; and
that those tobaccos shall be brought to France, at their risk and in
their ships. They understand the price is not likely to exceed three
or four French sous in America, but we do not warrant that it shall
cost no more, though we hope it will not. Upon these conditions we are
to have half the supposed price advanced, immediately, and the
opportunity of shipping warlike stores on board their ships, at your
risk, and paying reasonable freights; the rest to be paid as soon as
advice is received that the tobacco is shipped.
The desire of getting money immediately to command the preparations
for the ensuing campaign, and of interesting so powerful a body as the
Farmers-General, who in fact make the most efficient part of
government here, and the absolute part in all commercial or monied
concerns, induced us to concede to these terms, which may possibly in
the estimate of the price of tobacco be low, but which upon the whole
we judged necessary, and we hope will be advantageous. So strong is
the inclination of the wealthy here to assist us, that since this
agreement we are offered a loan of two million of livres, without
interest, and to be repaid when the United States are settled in peace
and prosperity. No conditions or securities are required, not even an
engagement from us. We have accepted this generous and noble
benefaction; five hundred thousand livres, or one quarter, is to be
paid into the hands of our banker this day, and five hundred thousand
more every three months.
As the ships we were ordered to hire, or buy from this Court, cannot
be obtained, it being judged absolutely necessary to keep their whole
naval force at home, ready in case of a rupture, we think of
purchasing some elsewhere, or of building, in order as far as possible
to answer the views of Congress. Of this we shall write more fully in
our next. In the mean time we cannot but hint, that this seems to us a
fair opportunity of supporting the credit of the paper money you
borrow, as you may promise payment in specie of the interests, and may
draw upon us for the same with all confidence. We cannot for several
weighty reasons be more explicit at present, but shall hereafter.
Present our dutiful respects to the Congress, and assure them of our
most faithful services.
We are, gentlemen, &c.
BENJAMIN FRANKLIN,
SILAS DEANE,
ARTHUR LEE.
P. S. 22d January. Our agreement with the Farmers-General is not yet
signed, and perhaps some small changes may be made in it, but as these
will probably not be very material, we wish measures may be taken
immediately for the purchase of the tobacco. We shall send by the next
opportunity, a copy of the contract. We have received the five hundred
thousand livres mentioned above; it is now at our disposal in the
hands of our banker, who has orders to advance us the second payment
if we desire it, and he is ready to do it. We are, on the strength of
this, in treaty for some strong ships. Ten thousand French troops are
on their march to Brest. But America should exert herself, as if she
had no aid to expect, but from God and her own valor.
Baltimore, 1st February, 1777.
Sir,
As we shall write you shortly again, our attention at present will be
confined chiefly to your favor of December 6th, 1776, in which you
mention the conduct of Captain Patterson. We have laid your letter
before Congress, and they have appointed a committee to consider of
the most proper steps to be taken in this business, that speedy and
condign punishment may be applied to Captain Patterson, when his crime
shall be duly inquired into and established. The Congress having an
utter abhorrence of all irregular and culpable violation of the law of
nations, and of that respect and friendship, which they entertain for
the French nation, we wish you would communicate this to their
Excellencies the Governor and General of Martinique.
Congress has referred the matter of remittance for discharge of the
obligation, which you and Mr Harrison have entered into, to the State
of Maryland, from whence you will no doubt receive remittance, as soon
as the British ships of war now in the Chesapeake Bay will permit. It
is a singular misfortune to us, and very injurious to the commerce of
France, that we have not two or three line of battle ships, which,
with our frigates and armed vessels, would keep open our navigation in
despite of Great Britain, but at present one heavy ship affords
protection to two or three frigates, that would otherwise be easily
removed, and they place themselves so as to shut up the entrance into
our principal trading States.
Prior to the Declaration of Independence, as it was not certain how
soon our quarrel with Great Britain might be at an end, our armies
were enlisted for short periods, and General Howe, having received
information of the time, when the troops would have it in their power
to go home, seized that opportunity for marching through the Jerseys;
but his career was stopped at the Delaware, and he has since paid
severely for that visit.
Since the 24th of December, the enemy have lost more than two thousand
men in killed and made prisoners, they have been glad to recall their
troops from Rhode Island to defend New York from the attack of an
army under General Heath, and their whole force in the Jerseys is now
collected on the Brunswick Heights, where they are nearly surrounded
by General Washington's army, and greatly distressed for forage, fuel,
and other necessaries.
We enclose you the late newspapers for your perusal, and remain, sir,
your most obedient humble servants.
B. HARRISON,
R. H. LEE.
Baltimore, 2d February, 1777.
Gentlemen,
You will receive enclosed copies of our letters of the 21st and 30th
of December, and of the resolves of Congress accompanying them. It
concerns us not less than we are sure it will you, that you should
have heard so seldom from us, but the vigilance of the British
cruisers has prevented our most earnest solicitude for this purpose.
The manner, in which they now conduct their business, proves the
necessity of the request made by Congress for the loan or sale of a
few capital ships. The entrance into the Delaware and Chesapeake being
narrow, by placing one forty or fifty gun ship for the protection of
their frigates, they stop both our commerce and correspondence.
Formerly their frigates protected their tenders, but now that we have
frigates, their larger ships protect their frigates, and this winter
has been so uncommonly favorable, that they have been able to keep the
sea, undisturbed by those severe gales of wind so usual off this coast
in the winter season; if we had a few line of battle ships to aid our
frigates, the commerce of North America, so beneficial to ourselves
and so advantageous to France, would be carried on in spite of the
opposition of Great Britain. As we have not received any of those
military stores and clothing promised by Mr Deane, we have much reason
to fear, they have fallen into the enemy's hands, and will render a
fresh supply quite necessary. Except Mr Deane's favor of September
17th, which is but just now received, and that of October 1st, we have
been as destitute of European, as, we fear, you have been of true
American intelligence.
The enclosed papers will furnish you with authentic accounts of our
successes against the enemy since the 24th of December. They have paid
severely for their visit of parade through the Jerseys, and these
events are an abundant proof of British folly in attempting to subdue
North America by force of arms. Although the short enlistments had
dispersed our army directly in the face of a hostile force, and
thereby induced a proud enemy to suppose their work was done, yet they
suddenly found themselves attacked on all sides by a hardy active
militia, who have been constantly beating up their quarters, and
captivating and destroying their troops; so that in the six or seven
last weeks, they have not lost fewer than three thousand men, about
two thousand of whom, with many officers, are now our prisoners.
Instead of remaining cantoned in the pleasant villages of Jersey, as
the enclosed authentic copy of Mr Howe's order to Colonel Donop (the
original of which fell into our hands by the Colonel's flight from
Bordenton) will show you that General vainly expected would be the
case, they are now collected upon the Brunswick Heights, where they
suffer every kind of distress from want of forage, fuel, and other
necessaries, whilst General Washington's army of militia so environs
them, that they never show their faces beyond their lines, but they
get beaten back with loss and disgrace. Being thus situated we have
reason to hope, that this part of their army (and which is the most
considerable part) will, by the end of winter, be reduced very low by
deaths, desertion, and captivity. General Heath, with a body of
eastern troops, is making an impression on New York by Kingsbridge,
which, we understand, has obliged the enemy to recall their troops
from Rhode Island, for the defence of that city.
The regular corps, that are to compose the new army, are making up in
the different States as fast as possible; but arms, artillery, tent
cloth and clothing will be greatly wanted. For these our reliance is
on the favor and friendship of his Most Christian Majesty. If you are
so fortunate as to obtain them, the propriety of sending them in a
strong ship of war must be very evident to you, Gentlemen, when you
know our coasts are so covered with cruisers, from twenty to fifty
guns, though but few of the latter. We believe, they have not more
than two ships of forty, and two or three of fifty guns, in their
whole fleet on the North American station; and these are employed, one
of them to cover a frigate or two at the capes of each bay, whilst the
rest remain at New York.
We beg leave to direct your attention to the enclosed propositions of
Congress, and we doubt not, you will urge their success with that zeal
and careful assiduity, that objects so necessary to the liberty and
safety of your country demand.
We are exceedingly anxious to hear from you, and remain, with
particular sentiments of esteem and friendship, Gentlemen, your most
obedient humble servants,
B. HARRISON,
R. H. LEE,
W. HOOPER.
Paris, 6th February, 1777.
Gentlemen,
Since our last, a copy of which is enclosed, Mr Hodge arrived here,
from Martinique, and has brought safely the papers he was charged
with. He had a long passage, and was near being starved. We are about
to employ him in a service pointed out by you, at Dunkirk, or
Flushing. He has delivered us three sets of the papers we wanted; but
we shall want more, and beg you will not fail to send them by
several opportunities.
A private company has just been formed here for the importation of
tobacco, who have made such proposals to the Farmers-General, as
induced them to suspend the signing of their agreement with us, though
the terms had been settled, and the writings drawn. It seems now
uncertain whether it will be revived or not. The company have offered
to export such goods as we should advise, and we have given them a
list of those most wanted. But so changeable are minds here, on
occasion of news, good or bad, that one cannot be sure that even this
company will proceed. With a universal good will to our cause and
country, apparent in all companies, there is mixed a universal
apprehension, that we shall be reduced to submission, which often
chills the purposes of serving us. The want of intelligence from
America, and the impossibility of contradicting by that means the
false news spread here, and all over Europe, by the enemy, has a bad
effect on the minds of many, who would adventure in trade to our
ports, as well as on the conduct of the several governments of Europe.
It is now more than three months, since Doctor Franklin left
Philadelphia, and we have not received a single letter of later date,
Mr Hodge having left that place before him.
We are about purchasing some cutters, to be employed as packets. In
the first we despatch, we shall write more particularly concerning our
proceedings here, than by these merchant ships we can venture to do,
for the orders given to sink letters are not well executed; one of our
vessels was lately carried into Gibraltar, being taken by an English
man of war, and we hear there were letters for us, which the captain,
just as he was boarded, threw out of the cabin windows, which floating
on the water, were taken up, and a sloop despatched with them to
London. We also just now hear from London, (through the ministry here)
that another of our ships is carried into Bristol by the crew, who,
consisting of eight American seamen, with eight English, and four of
the Americans being sick, the other four were overpowered by the eight
English, and carried in as aforesaid. The letters were despatched to
Court.
From London, they write to us, that a body of ten thousand men,
chiefly Germans, are to go out this spring, under the command of
General Burgoyne, for the invasion of Virginia and Maryland. The
opinion of this Court, founded on their advices from Germany, is, that
such a number can by no means be obtained, but you will be on your
guard. The Amphitrite, and the Seine, from Havre, and the Mercury,
from Nantes, are all now at sea, laden with arms, ammunition, brass
field pieces, stores, clothing, canvass, &c. which, if they arrive
safely, will put you in a much better condition for the next campaign,
than you were for the last.
Some excellent engineers, and officers of the artillery, will also be
with you pretty early, also some few for the cavalry. Officers of
infantry, of all ranks, have offered themselves without number. It is
quite a business to receive the applications and refuse them. Many
have gone over at their own expense, contrary to our advice. To some
few of those, who were well recommended, we have given letters of
introduction.
The conduct of our General, in avoiding a decisive action, is much
applauded by the military people here, particularly Marshals
Maillebois, Broglio, and D'Arcy. M. Maillebois, has taken the pains to
write his sentiments of some particulars useful in carrying on our
war, which we send enclosed. But that, which makes the greatest
impression in our favor here, is the prodigious success of our armed
ships and privateers. The damage we have done their West India trade,
has been estimated, in a representation to Lord Sandwich, by the
merchants of London, at one million eight hundred thousand pounds
sterling, which has raised insurance to twentyeight per cent, being
higher than at any time, in the last war with France and Spain. This
mode of exerting our force against them should be pushed with vigor.
It is that in which we can most sensibly hurt them, and to secure a
continuance of it, we think one or two of the engineers we send over,
may be usefully employed in making some of our ports impregnable. As
we are well informed, that a number of cutters are building, to cruise
in the West Indies against our small privateers, it may not be amiss,
we think, to send your larger vessels thither, and ply in other
quarters with the small ones.
A fresh misunderstanding between the Turks and Russia, is likely to
give so much employment to the troops of the latter, as that England
can hardly expect to obtain any of them. Her malice against us,
however, is so high at present, that she would stick at no expense to
gratify it. The New England Colonies are, according to our best
information, destined to destruction, and the rest to slavery, under a
military government. But the Governor of the world sets bounds to the
rage of man, as well as to that of the ocean.
Finding that our residence here together, is nearly as expensive as if
we were separate, and having reason to believe, that one of us might
be useful at Madrid, and another in Holland, and some Courts further
northward, we have agreed that Mr Lee go to Spain, and either Mr
Deane or myself (Dr Franklin) to the Hague. Mr Lee sets out tomorrow,
having obtained passports, and a letter from the Spanish Ambassador
here, to the Minister there. The journey to Holland will not take
place so soon. The particular purposes of these journeys we cannot
prudently now explain.
It is proper we should acquaint you with the behavior of one Nicholas
Davis, who came to us here, pretending to have served as in officer in
India, to be originally from Boston, and desirous of returning, to act
in defence of his country, but through the loss of some effects coming
to him from Jamaica, and taken by our privateers, unable to defray the
expense of his passage. We furnished him with thirty louis, which was
fully sufficient; but at Havre, just before he sailed, he took the
liberty of drawing on us, for near forty more, which we have been
obliged to pay. As in order to obtain that credit, he was guilty of
several falsities, we now doubt his ever having been an officer at
all. We send his note and draft, and hope you will take proper care of
him. He says, his father was a clergyman in Jamaica. He went in the
Seine, and took charge of two blankets for Mr Morris.
We hope your union continues firm, and the courage of our countrymen
unabated. England begins to be very jealous of this Court, and we
think, with some reason.
We have the honor to be, &c.
B. FRANKLIN,
SILAS DEANE,
ARTHUR LEE.
Paris, 6th February, 1777.
Sir,
This will be delivered to you by M. de Coudray, an officer of great
reputation here, for his talents in general, and particularly for
skill and abilities in his profession. Some accidental circumstance,
we understand, prevented his going in the Amphitrite; but his zeal for
our cause, and earnest desire of promoting it, have engaged him to
overcome all obstacles, and render himself in America by the first
possible opportunity. If he arrives there, you will, we are persuaded,
find him of great service, not only in the operations of the next
campaign, but in forming officers for those that may follow. We,
therefore, recommend him warmly to the Congress, and to your
countenance and protection.
Wishing you every kind of felicity, we have the honor to be, with the
highest esteem, &c.
B. FRANKLIN,
SILAS DEANE.
1st. It is agreed that the Congress of the United States of America
shall grant to the Chevalier du Portail, now Lieutenant Colonel in the
Royal Corps of Engineers of France, the rank of Colonel in their
service.
2dly. The Congress of the United States of America will grant to Mons.
de Laumoy, now Major in the Royal Corps of Engineers of France, the
rank of Lieutenant Colonel in their service.
3dly. The Congress of the United States of America, will grant to
Mons. de Gouvion, now Captain in the Royal Corps of Engineers of
France, the rank of Major in their service.
4thly. Messrs Le Chevalier du Portail, de Laumoy, and de Gouvion,
shall be at liberty to quit the service of the United States, provided
it is not during a campaign, or during any particular service, unless
ordered so to do, by the king of France; and the Congress may dismiss
them, or any of them, whenever they may judge it proper.
5thly. If all or either of these gentlemen should be made prisoners by
the king of Great Britain, the Congress shall use all due means to
obtain their liberty.
6thly. These gentlemen shall use all possible diligence in preparing
for their embarkation, in order to reach Philadelphia, or wherever
else the Congress of the United States may be, to obey their orders.
7thly. The pay of these gentlemen shall be such; as is given to
officers of their rank in the service of the States of America, and
shall commence from the date of this agreement.
8thly. These gentlemen shall procure and provide for their own
passages, in such ships, and in such manner, as they shall think
proper.
The above agreement is entered into and concluded by us, this 13th day
of February, 1777.
B. FRANKLIN,
SILAS DEANE,
DU PORTAIL,
GOUVION,
LAUMOY.
Baltimore, 19th February, 1777.
Gentlemen,
The events of war have not since our last furnished anything decisive.
The enemy's army still remains encamped upon the hills near Brunswick,
and our troops still continue to beat back their convoys, insomuch,
that we understand their horses die in numbers, and we have reason to
believe, that the difficulty of removing their stores, cannon, &c.,
will be insuperably great, until the opening of the Rariton furnishes
a passage by water for their return to New York. The American army is
not numerous at present, but the new levies are collecting as fast as
possible, and we hope to have a sufficient force early in the field.
We hear by the speech of the king of Great Britain to his Parliament,
that much money will be called for, no doubt to prosecute the war
with unrelenting vigor. That we shall oppose with all our power, will
be certain, but the event must be doubtful, until France takes a
decisive part in the war. When that happens our liberties will be
secured, and the glory and greatness of France be placed on the most
solid ground. What may be the consequence of her delay, must be a
painful consideration to every friend of liberty and mankind. Thus
viewing our situation, we are sure it will occasion your strongest
exertions to procure an event of such momentous concern to your
country. It is in vain for us to have on hand a great abundance of
tobacco, rice, indigo, flour, and other valuable articles of
merchandise, if prevented from exporting them by having the whole
naval force of Great Britain to contend against. It is not only for
the interest of these States, but clearly for the benefit of Europe in
general, that we should not be hindered from freely transporting our
products that abound here, and are much wanted there. Why should the
avarice and ambition of Great Britain be gratified to the great injury
of other nations?
Mr Deane recommends sending frigates to France, to convoy our
merchandise, but it should be considered, that we have an extensive
coast to defend, that we are young in the business of fitting out
ships of war, that founderies for cannon are to be erected, that there
is great difficulty of getting seamen quickly, when privateers abound
as they do in the States, where sailors are chiefly to be met with,
and lastly, that our frigates are much restrained by the heavy ships
of the enemy, which are placed at the entrance of our bays. In short,
the attention of Great Britain, must be drawn in part from hence,
before France can benefit largely by our commerce. We sensibly feel
the disagreeable situation Mr Deane must have been in, between his
receipt of the committee's letter in June, and the date of his own
letter in October, but this was occasioned by accident, not neglect,
since letters were sent to him in all the intervening months, which
have either fallen into the enemy's hands, or have been destroyed.
From the time of Dr Franklin's sailing, until we arrived at this
place, the ships of war at the mouth of the Delaware, and the
interruption given the post, added to the barrenness of events,
prevented us from writing when we had no particular commands from
Congress for you.
Mr Bingham informs us from Martinique, that he learned from a Spanish
General there, on his way to South America, that the king of Spain was
well disposed to do the United States offices of friendship, and that
a loan of money might be obtained from that Court. As the power sent
you for borrowing is not confined to place, we mention this
intelligence, that you may avail yourselves of His Catholic Majesty's
friendly designs. Perhaps a loan may be obtained there on better terms
than elsewhere. We expect it will not be long before Congress will
appoint commissioners to the Courts formerly mentioned, and in the
mean time, you will serve the cause of your country in the best
manner, with the ministers from those Courts to that of Versailles.
Earnestly wishing for good news, and quickly from you, we remain, with
friendship and esteem, gentlemen, &c.
B. HARRISON,
R. H. LEE.
P. S. Congress adjourns this week back to Philadelphia.
Paris, 4th March, 1777.
Gentlemen,
We send you herewith the draft of a frigate by a very ingenious
officer in this service, which appears to us peculiarly suitable for
our purpose, and we are in hopes of being able to ship cordage,
sailcloth, and anchors, &c. sufficient for five or six such frigates,
by the time you can have them built.
Deprived of any intelligence from you, since the first of last
November, and without remittances, we are left in a situation easier
to be conceived than described. The want of intelligence affects the
cause of the United States in every department; such accounts of our
affairs, as arrive in Europe at all, come through the hands of our
enemies, and whether defeated or victorious we are the last, who are
acquainted with events, which ought first to be announced by us. We
are really unable to account for this silence, and, while we are
affected with the unhappy consequences of it, we must entreat the
honorable Congress to devise some method for giving us the earliest
and most certain intelligence of what passes in America.
The ship, by which this is sent, is loaded with clothing, cordage, and
duck; not having a full cargo of the former, we ordered Mr Williams,
who acts for us at Nantes, to complete it with the latter, for which
we have obtained a short credit. Mr Williams will write you by this
opportunity. He has been of great service to us at Nantes, and, it is
but justice to say, that his knowledge of business, probity, activity,
and zeal, for the interests of his country, with the good opinion
justly entertained of him by gentlemen in business at Nantes, render
him very serviceable in our affairs there, and proper to be employed
in commercial transactions.
We apprehend that letters to Mons. Schweighauser have not had fair
play, and therefore advise you to write to him, charging the captain,
who carries your letters, to deliver them with his own hand, if he
arrives at Nantes, and if at any other port, that he send them under
cover to us. We are filling a packet, by which we shall write more
particularly in a few days. Mr Lee wrote us last week from Bordeaux,
on his way to Spain.
We present our most respectful compliments to the honorable Congress,
and are, gentlemen,
Your most obedient and very humble servants,
B. FRANKLIN,
SILAS DEANE.
Paris, 12th March, 1777.
Gentlemen,
It is now more than four months since Mr Franklin's departure from
Philadelphia, and not a line from thence written since that time has
hitherto reached either of your commissioners in Europe. We have had
no information of what passes in America but through England, and the
advices are, for the most part, such only as the ministry choose to
publish. Our total ignorance of the truth or falsehood of facts, when
questions are asked of us concerning them, makes us appear small in
the eyes of the people here, and is prejudicial to our negotiations.
In ours of the 6th of February, of which a copy is enclosed, we
acquainted you that we were about purchasing some cutters to be
employed as packet boats. We have succeeded in getting one from Dover,
in which we purpose to send our present despatches. Mr Hodge, who went
to Dunkirk and Flushing, where he thought another might be easily
found, has not yet acquainted us with his success. We promised that
when we had a conveyance, which, by its swiftness, is more likely to
carry safely our letters, we would be more explicit in accounts of our
proceedings here, which promise we shall now fulfil as follows.
In our first conversation with the minister, after the arrival of Mr
Franklin, it was evident that this Court, while it treated us
privately with all civility, was cautious of giving umbrage to
England, and was therefore desirous of avoiding an open reception and
acknowledgment of us, or entering into any formal negotiation with us,
as ministers from the Congress. To make us easy, however, we were told
that the ports of France were open to our ships as friends, that our
people might freely purchase and export, as merchandise, whatever our
States had occasion for; vending, at the same time, our own
commodities; that in doing this, we should experience all the
facilities that a government disposed to favor us could, consistent
with treaties, afford to the enemies of a friend. But though it was at
that time no secret that two hundred field pieces of brass, and thirty
thousand fusils, with other munitions of war, in great abundance, had
been taken out of the king's magazines, for the purpose of exportation
to America; the minister, in our presence, affected to know nothing of
that operation, and claimed no merit to his Court on that account. But
he intimated to us that it would be well taken, if we communicated
with no other person about the Court, concerning our affairs but
himself, who would be ready at all convenient times to confer with us.
We soon after presented several memorials, representing the state of
the Colonies, the necessity of some naval aid, and the utility to
France, that must result from our success in establishing the
independence of America, with the freedom of its commerce. In answer,
we received a positive refusal of the ships of the line, (which we had
been instructed to ask,) on this principle, that if a war with England
should take place, the whole fleet of France would be necessary at
home for her defence; that if such a war did not take place, yet,
while England apprehended a war, it was equally serviceable to our
States, that the fleet of France should remain entire in her ports,
since that must retain an equal force of English at home, who might
otherwise go to America, and who certainly would follow thither any
French squadron. During these conferences, every step was taken to
gratify England publicly, by attending to the remonstrances of her
ambassador, forbidding the departure of ships which had military
stores on board,[29] recalling officers who had leave of absence, and
were going to join us, and giving strict orders, that our prizes
should not be sold in French ports; yet that we might not be
discouraged, it was intimated to us by persons about the Court, that
these measures were necessary at present, France not being yet quite
ready for a war, and that we might be assured of her good will to us
and our cause.
Means were proposed of our obtaining a large sum of money for present
use, by an advance from the Farmers-General, to be repaid in tobacco,
of which they wanted twenty thousand hogsheads. We entered accordingly
into a treaty with that company, but, meeting with difficulty in
settling the terms, we were informed that a grant was made us of two
millions of livres from the crown, of which five hundred thousand was
ready to be paid us down, and an equal sum should be paid at the
beginning of April, July, and October; that such was the king's
generosity, he exacted no conditions or promise of repayment, he only
required that we should not speak to any one of our having received
this aid. We have accordingly observed strictly this injunction,
deviating only in this information to you, which we think necessary
for your satisfaction, but earnestly requesting that you would not
suffer it to be made public. This is the money, which, in our letter,
we mentioned as raised for us by subscription.
One of the ablest sea officers of France, skilled in all the arts
relating to the marine, having offered his services to the States,
with the permission of the minister, we (enabled by the above grant)
engaged him to superintend the building of two ships of war, of a
particular construction, which, though not of half the cost, shall be
superior in force and utility to ships of sixtyfour guns. He has built
one here for the king, which, we are told, exceeds every thing in
swift sailing. He has furnished us with drafts,[30] which we send you,
that if the Congress thinks fit, others of the same construction may
be set up in America, in which case we have given him expectations of
being their Commodore. We have seen his large and curious collection
of memoirs, containing every, the minutest particular relating to the
construction and management of a fleet, with a variety of proposed
improvements, and we are persuaded that he will be found a valuable
acquisition to our country.
April 9th. Since writing the above, we received despatches from the
Congress, by Captain Hammond, others from Mr Morris, by Captain Bell,
and some copies by Captain Adams, via Boston, which, on many accounts,
were very satisfactory. We directly drew up and presented memorials on
the subject of those despatches; we were promised immediate
consideration, and speedy answers; for which, we detained Captain
Hammond, but we have not yet obtained them. We receive, however,
continual assurances, of the good will of this Court and of Spain. We
are given to understand, that it is by their operations, the raising
of German troops for England has been obstructed. We are paid
punctually the second five hundred thousand livres, and having
convinced the ministry of the great importance of keeping up the
credit, and fixing the value of our currency, which might be done, by
paying in specie the interest of what we borrow, or in bills upon
France, for the amount. We are now assured, that the abovementioned
quarterly payments shall be continued, (after the two millions) for
the purpose of paying the interest of the five million dollars, you
are supposed to have borrowed, which we believe will be punctually
complied with; and the effect must be, restoring to its original value
the principal for which such interest is paid, and with that the rest
of the emission.
We have turned our thoughts earnestly to what is recommended to us by
Congress, the borrowing two millions sterling, in Europe. We just
proposed to borrow it of this Court, upon interest, but were told by
the minister, that it was impossible to spare such a sum, as they
were now arming, at a great expense, which kept their treasury bare,
but there was no objection to our borrowing it of private capitalists
here, provided we did not offer so high an interest as might raise it
upon government. We are advised to try Holland; and we have caused the
pulse to be felt there; but though Holland at present is a little
disgusted with England, and our credit is considerably mended in
Europe by our late successes, it does not yet appear sufficient to
procure such a loan. Spain, it seems, has by its punctual payments of
interest, acquired high credit there, and we are told, that by her
publicly borrowing, as for herself, and privately allowing us to draw
on her banker, we might there obtain what money we pleased.
Mr Lee was gone to Spain, before the commission and orders came to
Doctor Franklin, for that station; he will give you a particular
account of his negotiations; we here only mention that he received the
same general assurances, of the good will of that Court, that we have
here of this; he was informed, that three thousand barrels of powder,
and some clothing were lodged for our use at New Orleans; that some
merchants at Bilboa had orders to ship for us such necessaries as we
might want, that orders would be given to allow us admission into the
Havanna, as a favored nation, and that we should have a credit on
Holland, (the sum not then settled) which might be expected at Paris,
the beginning of this month. The Spanish Ambassador here, a grave and
wise man, to whom Mr Lee communicated the above, tells us, that his
Court piques itself on a religious observance of its word, and that we
may rely on a punctual performance of its promises.
On these grounds, we are of opinion, that though we should not be
able to borrow the two millions sterling, recommended to us, yet if
the Congress are obliged to borrow the whole twenty millions of
dollars they have issued, we hope to find sufficient here, by way of
subsidy, to pay the interest in full value, whereby the credit of
their currency will be established, and on great and urgent occasions
they may venture to make an addition to it, which we conceive will be
better than paying the interest of two millions sterling to
foreigners. On the whole, we would advise Congress to draw on us for
sums equal to the interest of what they have borrowed, as that
interest becomes due, allowing the lenders, in the drafts, five
livres, money of France, for every dollar of interest. And we think
they may venture to promise it for future loans, without, however,
mentioning the grounds we here give for making such a promise; for
these Courts have particularly strong reasons for keeping out of the
war, as long as they can, besides this general one, that on both sides
the nation attacking loses the claim, which when attacked, it has for
aid from its allies. And we have these advantages in their keeping out
of the war, that they are better able to afford us private assistance,
that by holding themselves in readiness to invade Britain, they keep
more of her force at home, and that they leave to our armed vessels,
the whole harvest of prizes made upon her commerce, and of course the
whole encouragement to increase our force in privateers, which will
breed seamen for our navy.
The desire that military officers here, of all ranks, have of going
into the service of the United States, is so general, and so strong,
as to be quite amazing. We are hourly fatigued with their
applications, and offers, which we are obliged to refuse, and with
hundreds of letters, which we cannot possibly answer to their
satisfaction, having had no orders to engage any but engineers, who
are accordingly gone. If the Congress think fit to encourage some of
distinguished merit, to enter their service, they will please to
signify it.
Captain Wickes made a cruise this winter, and returned with five
prizes, of the produce of which we suppose Mr Morris will acquaint
you; for they are sold, though the bringing them into France has given
some trouble and uneasiness to the Court, and must not be too
frequently practised. We have ordered him to make another cruise
before he returns to America, and have given him for a consort, the
armed cutter, Captain Nicholson; they will sail in a few days. Mr
Hodge writes us, that he has provided another cutter; we intended to
have employed one of them as a packet, but several of yours being now
here, and having lately made a contract for sending one every month, a
copy of which we enclose, we shall make use of this new purchase as a
cruiser.
We have at length finished a contract with the Farmers-General, for
five thousand hogsheads of tobacco, a copy of which is enclosed. We
shall receive the first advance of two millions of livres, next month,
and we entreat you to use your best endeavors to enable us to comply
with our part of the agreement. We found it a measure of government to
furnish us by that means with large advances, as well as to obtain the
ground of some of their own taxes; and finding the minister anxious to
have such a treaty concluded, we complied with the terms, though we
apprehend them not to be otherwise very advantageous. We have
expectations, however, that in case it appears, that the tobacco
cannot be afforded so cheap, through captures, &c. government will not
suffer us to be losers.
We have purchased eighty thousand fusils, a number of pistols, &c. of
which the enclosed is an account, for two hundred and twenty thousand
livres. They were king's arms and second hand, but so many of them are
unused and unexceptionably good, that we esteem it a great bargain if
only half of them should arrive. We applied for the large brass
cannon, to be borrowed out of the king's stores till we could replace
them, but have not yet obtained an answer. You will soon have the arms
and accoutrements for the horse, except the saddles, if not
intercepted by the enemy.
All Europe is for us. Our articles of confederation, being by our
means translated, and published here, have given an appearance of
consistence and firmness to the American States and government, that
begins to make them considerable. The separate constitutions of the
several States are also translating and publishing here, which afford
abundance of speculation to the politicians of Europe, and it is a
very general opinion, that if we succeed in establishing our
liberties, we shall, as soon as peace is restored, receive an immense
addition of numbers and wealth from Europe, by the families who will
come over to participate in our privileges, and bring their estates
with them. Tyranny is so generally established in the rest of the
world, that the prospect of an asylum in America, for those who love
liberty, gives general joy, and our cause is esteemed the cause of all
mankind. Slaves naturally become base, as well as wretched. We are
fighting for the dignity and happiness of human nature. Glorious is it
for the Americans, to be called by providence to this post of honor.
Cursed and detested will every one be that deserts or betrays it.
We are glad to learn the intention of Congress to send ministers to
the empires of Prussia and Tuscany. With submission, we think
Holland, Denmark, Sweden, and Russia, (if the expense is no
objection,) should not be neglected. It would be of great service, if
among them we could get a free port or two for the sale of prizes, as
well as for commerce. A commencement of intercourse has been made with
Prussia, as you will see by the enclosed copies of letters,[31]
between his minister and us. We suppose, as the Congress has appointed
one of us to Spain, they will order another of us to some of the other
Courts, as we see no utility equal to the charge, and yet some
inconveniency, in a joint commission here, where one, when freed from
commercial cares and action, is sufficient for the business. As soon
as the Court of Spain shall be willing to receive a minister, (which
from Mr Lee's information, seems not to be at present the case,) Mr
Franklin intends to go thither in obedience to the orders he has
received. Mr Lee has expressed his readiness to go to Prussia or
Tuscany, before the intention of Congress to send to those Courts was
known; and he waits here awhile, by the advice of his colleagues,
expecting that perhaps the next ship may bring his future destination.
For the procuring and sending more certain and speedy intelligence, we
have, as before mentioned, entered into a contract here, whereby we
are to have a packet boat despatched every month; the first will sail
in about a fortnight. As we are yet without an explicit answer from
Court on several important points, and we shall have that speedy
opportunity, we do not now enlarge in answer to the several letters
received by Hammond, Bell, Adams, and Johnston. We only now assure the
Congress, that we shall be attentive to execute all the resolutions
and orders they have sent us for our government, and we have good
hopes of success, in most of them.
For news, we refer in general to the papers, and to some letters[32]
enclosed, which we have received from London. We shall only add, that
though the English begin again to threaten us with twenty thousand
Russians, it is the opinion of the wisest men here, and particularly
among the foreign ministers, that they will never be sent. The
Anspachers, who were to be embarked in Holland, mutined, and refused
to proceed, so that the Prince was obliged to go with his guards and
force them on. A gentleman of Rotterdam writes us, that he saw a
number of them brought, bound hands and feet, to that place in boats.
This does not seem as if much service can be expected from such
unwilling soldiers. The British fleet is not yet half manned; the
difficulty in that respect was never before found so great, and is
ascribed to several causes, viz. a dislike to the war, the subtraction
of American sailors, the number our privateers have taken out of
British ships, and the enormous transport service.
The French are free from this difficulty, their seamen being all
registered, and serving in their turns. Their fleet is nearly ready,
and will be much superior to the English, when joined with that of
Spain, which is preparing with all diligence. The tone of the Court
accordingly rises, and it is said, that a few days since, when the
British Ambassador intimated to the Minister, that if the Americans
were permitted to continue drawing supplies of arms, &c. from this
kingdom, the peace could not last much longer; he was firmly
answered—Nous ne desirons pas le guerre, mais nous ne la craigons
pas. "We neither desire war, nor fear it." When all are ready for it,
a small matter may suddenly bring it on; and it is the universal
opinion, that the peace cannot continue another year. Every nation in
Europe wishes to see Britain humbled, having all in their turns been
offended by her insolence, which, in prosperity, she is apt to
discover on all occasions. A late instance manifested it towards
Holland, when being elate with the news of some success in America,
and fancying all that business ended, Sir Joseph Yorke delivered a
memorial to the States, expressing his master's indignation against
them, on account of the commerce their subjects carried on with the
rebels, and the governor of St Eustatia's returning the salute of one
of the American ships, remarking that "if that commerce was not
stopped, and the governor punished," the King knew what appertained
to the dignity of his crown, and should take proper measures to
vindicate it. The States were much offended, but answered coolly that
they should inquire into the conduct of their governor, and, in the
mean time, would prepare to secure themselves against the vengeance
with which Britain seemed to threaten them. Accordingly, they
immediately ordered twentysix men of war to be put upon the stocks.
We transmit you some affidavits,[33] relating to the treatment of our
prisoners, with a copy of our letter[34] to Lord Stormont,
communicating them, and his insolent answer. We request you to present
our duty to the Congress, and assure them of our most faithful
services.
With great respect we have the honor to be, &c.
B. FRANKLIN,
SILAS DEANE.
Translation.
We the undersigned, as well in our own name, as by virtue of powers
derived from the Congress of the United States of North America,
promise and oblige ourselves to deliver, in the course of the present
year, 1777, five thousand hogsheads, or five million weight of York
and James River tobacco, to the Farmers-General of France, in the
ports of France.
The price of the tobacco, thus delivered, is fixed at eight sols per
pound, net tobacco, mark weight, or forty livres tournois per cwt, and
delivered into stores of the Farmers-General.
All average, rotten, or spoiled tobacco, shall be cut off and deducted
from the weight to be paid for, agreeably to the estimate, which shall
be impartially made by experienced persons, by which a general average
shall be fixed instead thereof.
There shall be a deduction, moreover, of four per cent, under the
title of allowance for good weight, eight pounds weight per hogshead
for samples, and two per cent discount on the amount of the invoice
for prompt payment.
The Farmers-General oblige themselves for the discharge of the amount
of five thousand hogsheads, to remit at the disposal of Congress, and
to pay into the hands of the banker, who shall be appointed by Messrs
Franklin and Deane, or to direct their Receiver-General at Paris, to
accept the bills, which shall be drawn upon him by Messrs Franklin and
Deane, as far as a million of livres tournois, in the course of the
ensuing month, and another million the instant of the arrival of the
first ships loaded with tobacco, which shall be delivered to them; the
said two millions making the balance and entire payment for the five
thousand hogsheads, or five million weight of tobacco, mark weight,
sold by Congress at the price of eight sols per pound, before agreed
upon.
Should Congress be able to send to France a greater quantity of
tobacco, whatever shall exceed the value of the two millions advanced
by the Farmers-General, shall be remitted to them by Messrs Franklin
and Deane, at the same price, and upon the same terms, and the
Farmers-General oblige themselves to pay the value thereof in cash, or
bills on their Receiver General, at three usances as customary.
And I, the undersigned Farmer-General, by virtue of a power vested in
me by my company, subject and oblige myself in its name, to the full
and entire execution of the six foregoing stipulated articles, and for
the execution of the present, the parties have chosen their dwellings,
that is to say, for Messrs Franklin and Deane, the Hamburgh hotel,
University street, Parish of St Sulpice; and for the Farmers-General,
at the hotel of the King's Farms, Grenelle street, Parish of St
Eustache.
Done and concluded in duplicates, at Paris, this 24th of March, 1777.
B. FRANKLIN,
SILAS DEANE,
PAULZE.
The said Ray de Chaumont engages to equip, in some port of France,
agreed to by the said Benjamin Franklin and Silas Deane, in each
month, for the space of one year, counting from the month of May next,
a packet boat, or vessel, suitable for the carrying of despatches
between France and the United States of North America, which vessel,
or packet boat, shall be capable of carrying thirty tons of goods,
without impeding her sailing to the best advantage; and the said Ray
de Chaumont shall be at the whole expense of equipping, victualling,
&c. each of the said packet boats, and shall furnish in each of them a
passage for one person, sent by the said Franklin and Deane, to take
charge of their despatches and goods shipped. Each packet boat or
vessel shall attend the orders of the said Franklin and Deane, in
pursuing her voyage, for the safest and most certain delivery of the
said despatches and merchandise.
The said Franklin and Deane shall have liberty to load a quantity of
goods on board each packet boat, to and from America, to the amount
of thirty tons consigned to their orders; and they, the said Franklin
and Deane, shall pay to the said Ray de Chaumont, the sum of eight
thousand livres for each voyage of each packet boat, which sum of
eight thousand livres shall be paid the said Ray de Chaumont, in three
months after the entering on each voyage successively, whether the
packet boat arrive in safety or not.
The packet boat shall not be delayed after her being ready to receive
the goods, either in France or America. The said packet boats, with
all their equipments, shall be solely at the risk and expense of the
said Ray de Chaumont; but the goods to be shipped as aforesaid, with
the freight stipulated therefor, as above mentioned, shall be at the
risk of the said Franklin and Deane; and the said Ray de Chaumont
shall not, in case either of said packet boats will carry more than
the said thirty tons of goods, load them, or either of them, beyond
the said quantity, so as in any manner to impede their or her sailing
to the best advantage.
In witness of which, the parties have subscribed three agreements,
each of this tenor and date, at Paris, April, 1777.
RAY DE CHAUMONT,
B. FRANKLIN,
SILAS DEANE.
Paris, 1st May, 1777.
Sir,
M. Cornic, of Morlaix, will order to your care a small vessel,
designed as a packet for America; you will see by the contract copy
enclosed, that we are to load goods to a certain amount, as she is
instantly to be despatched; we desire you will put the quantity of
goods to be sent in her, out of the bales on hand. We have ordered
that future packets coming from America, or elsewhere, to Nantes, for
us, shall be under your direction, of which you have informed M. Penet
and Mr Morris; you will, therefore, on the arrival of any vessel from
America, with despatches for us, inform the captains, or persons
charged with them, of your appointment, receive the letters, and send
them to us in the most safe and expeditious manner. We advise you to
charge the person bringing despatches, to say not a word of his errand
to any one, and we confide in your prudence to conduct the receiving,
as well as the expedition of the packets with all possible secrecy.
We are, Sir, &c.
B. FRANKLIN,
SILAS DEANE,
ARTHUR LEE.
Philadelphia, 2d May, 1777.
Gentlemen,
Your despatches, dated February the 6th and 8th, were safely received
by us about the middle of April. We observe your remarks on the
timorousness of the French merchants, respecting the formation of
trading companies, which, you say, is occasioned by the change and
fluctuation of news. That the spirit for trade will always be governed
by the rise and fall of military strength, is a maxim always to be
admitted in the first attempts to establish a commerce between any two
nations, because success in war is supposed to give security or
protection to it. But this timidity ceases naturally, as soon as a
trade is opened, for losing or gaining after that equally produces a
spirit of adventuring further. Therefore we wish to enter into a trade
with them as soon as possible, because as nothing can abridge or
prevent their profits, but the enemy's making prizes of their ships,
the consequence will be, that they will either be encouraged by the
gain, or aggravated by the loss to come to a serious understanding
with the Court of Britain. We advise you to be constantly holding up
the great advantages, which the crown and commerce would receive by
their possessing themselves of the West Indies, and we trust to your
wisdom in making all the use possible of the English newspapers, as a
channel through which to counteract the tide of folly and falsehood,
of which you complain, and rest assured that every material
circumstance, either for or against, will be despatched to you, with
the utmost expedition.
By information from New York, it appears that the more discerning part
of the English Generals begin to give up the thought of conquest, and
of consequence the fear of totally losing the trade of America must
accompany the despair of arms; therefore, we conceive that the English
newspapers are now calculated to deter the French from beginning to
taste the sweets of our trade. Their falsehoods, rightly understood,
are the barometers of their fears, and in proportion as the political
atmosphere presses downward, the spirit of faction is obliged to rise.
We wish it to be understood, that we pay too much respect to the
wisdom of the French Cabinet, to suppose that they can be influenced
by such efforts of visible despair, and that we have too much
reverence for the honor of the American Congress to prostitute its
authority, by filling our own newspapers with the same kind of
invented tales, which characterise the London Gazette.
We observe that General Howe, in his letter to the administration,
printed in the London Gazette of December 30th, apologizes for not
having written to them since his taking possession of New York, nearly
three months. Here is the proper field to speculate on silence,
because this business is conquest, ours defence and repulse; and
because, likewise, he has the sea more open to him than we have, had
he any thing to send that would please. Therefore, silence on his part
is always to be considered as a species of good news on ours.
The Congress highly approve your dividing yourselves to foreign
Courts, and have sent commissions for that purpose, and likewise,
commissions for fitting out privateers in France.
The Mercury, from Nantes, is safely arrived in New Hampshire. The
Amphitrite and Seine, we are yet in hopes of. We shall notice the
conduct of Nicholas Davis. We have presented Marshal Maillebois'
sentiments on the mode of war, to Congress, who are greatly pleased
therewith, and entertain a high respect for the author.
Our last account gave you a state of news down to March, since which
nothing material has happened. The enemy, wearied and disappointed in
their last winter's campaign, still continue in a state of inactivity
at New York and Brunswick. The Congress is returned to Philadelphia.
General Washington remains at Morristown, and occupies the same posts
as when the last despatches were sent you. The principal object now
is, the recruiting service, which has been greatly promoted by some
late resolves of Congress. Our troops have been under inocculation for
the smallpox with good success, which, we hope, will be a means of
preserving them from fevers in summer, however it will frustrate one
cannibal scheme of our enemies, who have constantly fought us with
that disease by introducing it among our troops.
When we look back to the beginning of last December, and see our army
reduced to between two and three thousand men, occasioned by the
expiration of the time for which they were enlisted, we feel
exceedingly happy in contemplating the agreeable condition and
prospect our affairs are now in. We have, since that period, reduced
the enemy more than our whole army, at that time, amounted to, and
scarce a day passes, in which they do not suffer either by skirmishes
or desertions.
The Congress have it in contemplation to remove the garrison from the
present fort, in the District of Ticonderoga, to fort Independence, in
the same District, which they judge will command that pass with
greater advantage, and is a much healthier situation. We mention this,
as the enemy will probably give an air of triumph to the evacuation,
should it be done. The distance between the two is about a quarter of
a mile.
As General Howe is preparing a bridge of boats, we think it possible
that he might, by a sudden and forced march, reach this city; but we
are clearly of opinion, that he would be ruined by the event; and
though we are not under much apprehension of such a movement, yet we
think it proper to give you the case, with our opinion thereon.
We are, gentlemen, your obedient humble servants,
BENJAMIN HARRISON,
ROBERT MORRIS,
THOMAS HAYWARD,
JAMES LOVELL.
Philadelphia, 9th May, 1777.
Gentlemen,
This letter is intended to be delivered to you by John Paul Jones, an
active and brave commander in our navy, who has already performed
signal services in vessels of little force, and, in reward for his
zeal, we have directed him to go on board the Amphitrite, a French
ship of twenty guns, that brought in a valuable cargo of stores from
Messrs Hortalez & Co. and with her to repair to France. He takes with
him his commission, some officers and men, so that we hope he will,
under that sanction, make some good prizes with the Amphitrite; but
our design of sending him is, (with the approbation of Congress) that
you may purchase one of those fine frigates, that Mr Deane writes us
you can get, and invest him with the command thereof as soon as
possible. We hope you may not delay this business one moment, but
purchase in such port or place in Europe, as it can be done with most
convenience and despatch, a fine, fast sailing frigate, or larger
ship. Direct Captain Jones where he must repair to, and he will take
with him his officers and men towards manning her. You will assign
him some good house, or agent, to supply him with every thing
necessary to get the ship speedily and well equipped and manned,
somebody that will bestir himself vigorously in the business, and
never quit until it is accomplished.
If you have any plan or service to be performed in Europe by such a
ship, that you think will be more for the interest and honor of these
States, than sending her out directly, Captain Jones is instructed to
obey your orders, and, to save repetition, let him lay before you the
instructions we have given him, and furnish you with a copy thereof;
you can then judge what will be necessary for you to direct him in;
and whatsoever you do will be approved, as it will undoubtedly tend to
promote the public service of this country.
You see by this step how much dependence Congress places in your
advices, and you must make it a point not to disappoint Captain
Jones's wishes, and our expectations on this occasion.
We are, gentlemen, your obedient humble servants,
ROBERT MORRIS,
RICHARD HENRY LEE,
WILLIAM WHIPPLE,
PHILIP LIVINGSTON.
Paris, 25th May, 1777.
Gentlemen,
Agreeable to what we mentioned in ours of March 14th and April
9th,[35] (a third copy of which we send herewith) Mr Lee tarried here
some time after his return from Spain. No news arriving, (though we
received letters from you,) of any commissioner being actually
appointed for Prussia, and the necessity of a good understanding with
that Court, in order to obtain speedily a port in the northern seas,
appearing more and more, every day, on various occasions, he concluded
with our approbation to set out for Berlin, which he did about a week
since, and we have reason to hope good effects from that journey.
The points principally in view are (besides the acknowledgment of
American Independency) an open port for German commerce, and the
permission of fitting out armed vessels, to annoy the enemy's northern
trade, and of bringing in and selling our prizes. If these points can
be obtained, we are assured we might soon have a formidable squadron
there, and accumulate seamen to a great amount. The want of such a
free port appears, in the late instance of Captain Cunningham's arrest
at Dunkirk, with the prizes he brought in. For though the fitting out
may be covered and concealed, by various pretences, so as at least to
be winked at by government here, because those pretences afford a good
excuse for not preventing it; yet the bringing in of prizes by a
vessel so fitted out, is so notorious an act, and so contrary to
treaties, that if suffered, must occasion an immediate war. Cunningham
will, however, through favor, be discharged with his vessel, as we are
given to understand, but we must put up with the loss of the prizes,
which being reclaimed will be restored.[36] This is an occasion of
triumph to our enemies, which we must suffer them to enjoy for the
present, assured as we are by the most substantial proofs of the
friendship of this Court and of Spain, which we are persuaded will
soon manifest itself to the whole world. The latter has already
remitted to us a large sum of money, as you will see by Mr Lee's
letters,[37] and continues to send cargoes of supplies, of which you
have, herewith, sundry accounts. Many of these transactions are by
some means or other known in England, which dares not resent them at
present, but the opinion of an approaching war gains ground every day.
We are preparing the accoutrements you ordered for the horse, but they
will take time. Had there been such in the magazines here, we might
have possibly borrowed on condition of replacing them. Pistols, (four
hundred and fifty pair) are already sent; the whole number will be
forwarded as fast as they can be got ready. Colonel Forrester, an
experienced officer of horse, has given us a specimen of complete
accoutrements, which have been found best; the saddle is of a singular
contrivance, very cheap, and easily made or repaired; and the buff
belts so broad, that crossing on the breasts, they are good armor
against the point of a sword, or a pistol bullet. We propose to have
as many sets made with these saddles, as will mount a squadron, but
shall omit saddles for the rest, as they will take up too much room in
the vessels, and can soon be made with you. Colonel Forrester is
highly recommended to us, and we believe will go over. Clothing for
ten thousand men is now in hand, making for us by contract, and other
proposed contracts are under consideration for the rest of the eighty
thousand men ordered. We hope to have them with you before next
winter, or that if all cannot be got, the cloth we have sent and are
sending, will make up the deficiency.
The large brass cannon are not to be had here; we have been treating
with a Swedish merchant about them, but find too many difficulties in
getting them from that country; so that finally, understanding you
have some founders with you, and that we can have others to go from
hence, we conclude to send two artists in that way, with the metal, to
cast the number wanted, omitting only the field pieces, of which we
suppose you have by this time a number sufficient. Some large iron
cannon are offered to us cheap, from Holland, of which we think to
send a quantity, for though too heavy for the army, they may be of use
for the navy, gallies, gondolas, &c.
We cannot omit repeating, as we think it a matter of the greatest
importance, towards supporting the credit of your paper money, that
you may rely on a punctual payment here of Congress bills, drawn on us
for the discharge of the interest of the sums borrowed, that is to
say, in the proportion of six Spanish dollars, or the value in French
money, for every hundred borrowed in your paper. But as the offer of
six per cent was made before you could know of this advantage to the
borrower, perhaps you may on the knowledge and experience of it, be
able to reduce the interest in future loans, to four per cent, and
find some means by taxes, to pay off the six per cents.
Our treaty of commerce is not yet proceeded on, the plan of this Court
appearing to be, not to have any transaction with us, that implies an
acknowledgment of American Independency, while their peace continues
with England. To make us more easy with this, they tell us, we enjoy
all the advantages already, which we propose to obtain by such a
treaty, and that we may depend on continuing to receive every
indulgence in our trade, that is allowed to the most favored nations.
Feeling ourselves assisted in other respects, cordially and
essentially, we are the more readily induced to let them take their
own time, and to avoid making ourselves troublesome by an unreasonable
importunity. The interest of France and Spain, however, in securing
our friendship and commerce, seems daily more and more generally
understood here, and we have no doubt of finally obtaining the
establishment of that commerce with all the formalities necessary.
We submit it to your consideration, whether it might not be well to
employ some of your frigates in bringing your produce hither, ordering
them after refreshing and refitting, to make a cruise in the northern
seas, upon the Baltic and Hamburg trade, send their prizes home, north
about, then return to France, and take in a loading of stores for
America.
The Marquis de la Fayette, a young nobleman of great family connexions
here, and great wealth, is gone to America in a ship of his own,
accompanied by some officers of distinction, in order to serve in our
armies. He is exceedingly beloved, and every body's good wishes attend
him; we cannot but hope he may meet with such a reception as will
make the country and his expedition agreeable to him. Those who
censure it as imprudent in him do nevertheless applaud his spirit, and
we are satisfied, that the civilities and respect, that may be shown
him, will be serviceable to our affairs here, as pleasing not only to
his powerful relations, and to the Court, but to the whole French
nation. He has left a beautiful young wife, and for her sake
particularly, we hope that his bravery and ardent desire to
distinguish himself, will be a little restrained by the General's
prudence, so as not to permit his being hazarded much, but on some
important occasion.
We are very respectfully, &c.
B. FRANKLIN,
SILAS DEANE.
P. S. We enclose a copy of Messrs Gardoqui's last letter.[38] We
have received Mr Morris's of March 7th, 25th, and 28th, and are much
obliged by the intelligence contained. We send a quantity of papers.
Paris, 26th May, 1777.
Gentlemen,
The navy of the United States, increasing in the number of its ships
and force, it is of the utmost importance to direct the cruises of the
ships of war, which belong either to the States or individuals, so as
to annoy and alarm the enemy the most effectually, and at the same
time, to encourage our brave officers and seamen, by the value of
prizes. The West-India trade was so intercepted last season, that,
besides endangering the credit of every West India house in England,
and absolutely ruining many, it greatly helped towards sinking the
revenues of Great Britain, which it was confidently asserted the other
day in the House of Commons, and was not contradicted by the minister,
had sunk the last year nearly one million below the usual incomes.
This trade cannot be attacked the coming season to equal advantage, as
it will not be by any degree so large, and will be armed and under
convoy. But as the commerce of Great Britain is very extensive, good
policy dictates, that we attack it in more than one sea, and on
different coasts. The navy of Great Britain is not sufficiently
numerous, to infest the whole coast of North America, and at the same
time guard their own, much less protect and convoy their trade in
different seas.
We have not the least doubt, but that two or three of the continental
frigates, sent into the German ocean, with some less swift sailing
cruisers, might intercept and seize great part of the Baltic and
Northern trade, could they be in those seas by the middle of August at
farthest, and the prizes will consist of articles of the utmost
consequence to the States. One frigate would be sufficient to destroy
the whole of the Greenland whale fishery, or take the Hudson Bay ships
returning. In a word, they are unsuspicious and unguarded on that
quarter, and the alarm, such an expedition would give, would raise the
insurance in England at least twenty per cent; since Captain
Cunningham's adventure occasioned ten per cent to be given on the
packet boats, from Dover to Calais. Captain Cunningham being put in
prison, and the prizes restored, they are again lulled into security;
the whole western coast of England and Scotland, and indeed almost
the whole of Ireland, is at this moment unguarded either by ships of
war, or troops, except a few sloops or cutters, to watch smugglers.
We submit to the Congress the following plan; to send three frigates,
loaded with tobacco, for Nantes or Bourdeaux, and that they be manned
and commanded in the best possible manner. That on their arrival in
either of the above rivers, they make but little appearance of
strength, and endeavor to pass for common cruisers; while they are
refitting, which should be in different ports, near each other,
intelligence might be had of the position of the British fleet, and
the circumstances of the different towns on the sea coast, and of the
merchant ships in them; in consequence of which a blow might be struck
that would alarm and shake Great Britain, and its credit, to the
centre. The thought may appear bold and extravagant, yet we have seen
as extraordinary events within these two years past, as that of
carrying the war to our enemy's doors. As it appears extravagant, it
will be in consequence unexpected by them, and the more easily
executed. The burning or plundering of Liverpool, or Glasgow, would do
us more essential service than a million of treasure, and much blood
spent on the continent. It would raise our reputation to the highest
pitch, and lessen in the same degree that of our enemy's. We are
confident it is practicable, and with very little danger, but times
may alter with the arrival of the frigates, yet in that case their
cruise on this coast bids fairer to be profitable than any other, and
they may at least carry back in safety many of the stores wanted,
which is a most capital object, should the other be laid aside.
Every day's experience confirms to us, what is pointed out indeed by
nature itself, the necessity of rendering America independent, in
every sense of the word. The present glorious, though trying contest,
will do more to render this independence fixed and certain, if
circumstances are seasonably improved, than would otherwise have been
effected in an age. The manufacturing of any one necessary article
among ourselves, is like breaking one link of the chains, which have
heretofore bound the two worlds together, and which our artful enemies
had, under the mask of friendship, been long winding round and round
us, and binding fast. Thus, as founderies for cannon, iron as well as
brass, are erecting, if they are at once erected large enough to cast
of any size, we may in future be easy on that important article, and
independent on the caprice, or interest, of our pretended friends for
a supply; and to forward this we shall take the liberty of sending
over some of the most skilful founders we can meet with.
The jealousy which reigns among the maritime powers of Europe, with
their narrow, weak, and contemptible system of politics, prevents our
being able to procure ships of war; to remedy which, you have with you
timber, iron, and workmen, and we must send you over sailcloth and
cordage, as fast as we can. The importance of having a considerable
naval force, is too obvious, to need our saying more than, that we
conceive no apparent difficulty or obstruction ought to deter us from
pushing it forward to the utmost of our power. We have sent you by a
former conveyance a plan of a frigate on a new construction, and now
send you the duplicate, which we submit to the judgment of those
better skilled than we pretend to be in naval affairs, but imagine
that on our coast, and perhaps anywhere, ships constructed in some
such manner may be as formidable as those of seventyfour guns, and it
is certain they will cost us less. The vessel building in Amsterdam
is on this plan, which we hope will be in readiness for service this
fall or autumn.
We are, with the utmost respect, &c.
B. FRANKLIN,
S. DEANE.
Philadelphia, May 30th, 1777.
Gentlemen,
We have delayed sending this packet, from a daily expectation of
hearing from you, as some letters from France make mention of a quick
sailing vessel, by which we were to receive despatches. Though it must
be agreeable to you to hear frequently from us, yet as our letters by
being taken might be of worse consequence than being delayed, we are
desirous of waiting for the safest opportunity, and when you hear not
so often as you wish, remember our silence means our safety.
Acquainted as we are, with the situation and condition of the enemy,
we well know, that the pompous paragraphs in the London papers are not
the news, which the Ministry hear from their army; but the news they
make for them.
The Amphitrite has arrived in Portsmouth, New Hampshire; and the Seine
at Martinique, but she is made a prize of, in her passage from thence.
We request you to expedite the loan of two millions, (which we have
already sent you a commission for, and now send you a duplicate of the
same) for though we conceive the credit of America to be as well
founded at least as any in the world, having neither debt nor taxes
when she began the war, yet she is like a man who, with a large
capital all in property, is unable to make any new purchases, till he
can either convert some of it into specie, or borrow in the mean time.
Britain is now fighting us, and the greatest part of Europe
negatively, by endeavoring to stop that trade from us to France,
Spain, &c. which she has most effectually lost to herself, and we wish
those Courts saw their interest in the same clear point of view in
which it appears to us. We have little or no doubt of being able to
reduce the enemy by land, and we likewise believe that the united
powers of France, Spain, and America would be able to expel the
British fleet from the western seas, by which the communication for
trade would be opened, the number of interests reduced which have
hitherto distracted the West Indies, and consequently the peace of all
this side of the globe put on a better foundation than it has hitherto
been; a mutual advantage, as we conceive, to France, Spain, and these
States.
That Britain was formidable last war, in the West Indies, is true, but
when it is considered that her power there arose from her possessions
here, or that she was formidable chiefly through us, it is impossible
to suppose that she can again arrive at the same pitch of power. Here
she was assisted by numberless privateers. Here she supplied and
partly manned her fleet; recruited, and almost raised her army, for
that service; in short, America in the last war represented Britain
removed to this side of the Atlantic. The scene is changed, and
America now is that to France and Spain in point of advantages, which
she was the last war to Britain. Therefore, putting the convenience,
which we might receive, out of the question, by their making an attack
on the West Indies, we are somewhat surprised, that such politic
Courts as France and Spain, should hesitate on a measure so alluring
and practicable. We do not mention these remarks, because we suppose
they do not occur to you, but to let you know our thoughts on the
matter, and to give you every advantage, by conveying our minds to
you, as well as our instructions and informations.
This packet takes complete sets of our public paper, filed in order,
for seventeen weeks past.
B. HARRISON,
R. MORRIS,
T. HAYWARD,
JAMES LOVELL.
Dunkirk,[39] 2d June, 1777.
Dear Sir,
We refer the committee to ours to you of the 26th ult. of which we
sent duplicates, should either arrive, but apprehensive of the
contrary, we send you the substance in this. The British commerce in
Europe, especially in the north, is unguarded, the Greenland whale
fishery and the Hudson Bay ships in particular. Could two or three of
our frigates, accompanied by less swift sailing cruisers, get into
those seas in the months of August, or September, a valuable part of
the commerce of our enemies might be interrupted.
As tobacco, rice, &c. are in great demand in France, and remittances
wanted, we submit to the Congress the sending out some of their
frigates loaded with these articles for Nantes, or Bourdeaux, and
whilst their cargoes were disposed of, they might refresh themselves,
and make a cruise against the enemy. The coast of England to the west
is unguarded, either by land or sea. The frigates, capable of landing
five hundred men, might destroy several of their towns, which would
alarm and shake the nation to the centre, whilst the ships might fly
and take refuge in the ports of France or Spain; but suppose the
worst, that they are intercepted in their retreat, the inevitable
consequences of so bold an attempt will be sufficiently injurious to
justify the measure. But this must be done by a coup de main, and
there can be no great apprehension of any difficulty in retreating,
since, by means of the daily intercourse between the two kingdoms, we
might know the exact situations of the British fleet and commerce in
the different ports, and never attempt until we had a fixed object in
view, and were masters of every circumstance.
The ship, building at Amsterdam, will be near as strong as a
seventyfour, and may join the squadron in the months of February or
March. The East India fleet will be returning to St Helens, and there
waiting for a convoy, which is a single man of war. Three frigates on
that station might effect a prodigious affair, and if they first come
to Europe, as in the course of trade, it would be much less suspected,
as they might set out from a harbor here, and not be supposed for any
other route, but that of going directly for America. We have no more
to add, than that four thousand Hanoverians are on their march for
Stade to embark for America.
We are, &c.
B. FRANKLIN,
SILAS DEANE.
Philadelphia, June 13th, 1777.
Gentlemen,
Though the despatches prepared some time since are not gone, we think
it best to write you again, and give you an exact account of the
situation of our army and military affairs to this time. You were
formerly made acquainted, that, immediately after the important
victory at Trenton, on the 3rd of January, General Washington took
post at Morristown, which appears to have been a well chosen
situation.
From thence, sending out detachments of his army, he speedily drove
the enemy from Hackensack, Chatham, Springfield, Westfield, and
Elizabethtown, all which places we have possessed ever since that
time, as well as Millstone and Princeton to the west, and Cranbury to
the south; the enemy being confined to a narrow communication on
Rariton River, from Brunswick to Amboy, twelve miles. About ten days
ago General Washington moved his head quarters towards the enemy, to a
place called Middlebrook, about eight miles from Brunswick. He has now
called in most of his outposts, and the enemy has done the same, being
chiefly collected about Brunswick, and just upon the eve of some
movement, which is generally supposed to be intended against this
place. We are taking every measure to disappoint them, and have good
hopes, in dependence on divine Providence, as our army has been
augmenting daily for these three months past. It is given out, that
the enemy intend to come up the Delaware Bay with their ships, as well
as by land, through the Jerseys. It is probable, that before the
vessel sails we shall have something to add on this subject.
In the northern department, things are yet entirely quiet. We have a
pretty strong body at Ticonderoga. Small parties of the enemy were up
the lake lately, a considerable way, but are gone again, and there is
no appearance of any important motion soon. Whether this is owing to
their not being ready, or to a change in their plans, and the army in
Canada being ordered round to reinforce General Howe, as some late
reports would make us believe, it is impossible to say with certainty.
A third body of our forces is at Peekskill, upon Hudson River, to
defend the passes towards Albany, and be ready to fall down upon New
York, in case the greater part of the enemy's army should be drawn
from that place. The convention of that State has issued an act of
indemnity, to encourage those who had been seduced to join the enemy
to return, which has had a very happy effect. Upon the whole, our
affairs wear as favorable an aspect as at any time, since the
beginning of the war. And the unanimity of all ranks, in the different
States, in support of our independence, is greater than at any
preceding period. The arbitrary conduct, and the barbarity and cruelty
of the enemy, for the twentysix days that they possessed a
considerable part of New Jersey, have been of service to our cause.
See, upon this subject, the report of a committee of Congress, with
the proofs in the newspapers, which you may safely assure any person
is a just and true, but very imperfect, sample of their proceedings.
BENJAMIN HARRISON,
ROBERT MORRIS,
THOMAS HAYWARD,
JAMES LOVELL.
Philadelphia, June 18th, 1777.
Gentlemen,
In this we send you an account of the most material matters, which
have happened in the military department.
The enemy, about ten weeks ago, sent a large party, and destroyed some
continental stores at Peekskill, the value not great, and retreated
immediately after. They afterwards made an attempt to surprise Major
General Lincoln, at Bound Brook, which he vigilantly escaped, with the
loss of about sixty men. Mr Tryon, who is made a Major General, was
sent with about 2200 men to destroy the stores at Danbury, in
Connecticut. Notice was received time enough to remove the most
valuable part, while Generals Arnold and Wooster raised the militia,
and attacked the enemy on their retreat with good success. The New
York paper, which may be considered as General Howe's Gazette, makes
their loss in killed and wounded 104. We may give them credit for
twice the number. The loss we sustained in stores was chiefly in salt
provisions and rum, and we had the satisfaction of learning, that the
cargoes of the prizes brought in the same week amounted to double the
quantity lost. General Wooster, who behaved gallantly, was mortally
wounded, and is since dead.
Scarce a week has passed without skirmishing, in which we have been
very fortunate. General Washington has removed from Morristown, to
some advantageous ground near Bound Brook and Middle Brook, within
eight miles of Brunswick, and the following is a regular state of the
intelligence received here since the 11th inst.
June 11th.—At a meeting in the State House yard, General Mifflin,
despatched for that purpose from General Washington, informed the
inhabitants, that from the late preparations of the enemy, he had
reason to believe their design was, by a forced march, to endeavor to
possess themselves of Philadelphia; it was then proposed and
unanimously assented to, to turn out agreeably to the militia law.
12th.—A letter from General Sullivan, at Princeton, received about
nine this evening, informed that the enemy at Brunswick had begun to
move the preceding night, but was prevented by the heavy rain.
13th.—The alarm gun in this city fired at three this morning,
answering the alarm guns up the river. Several letters, by express
from Bristol, mention the hearing alarm guns towards Trenton and
Princeton, but that no express has arrived there from General Sullivan
at Princeton.
14th.—An express from General Arnold, at Trenton, informed that the
enemy had moved on the 13th, in the night from Brunswick, that General
Sullivan had likewise moved from Princeton to some part of Rocky Hill,
with an intention to harrass the march of the enemy, and thereby favor
the approach of General Washington on their rear, and that of the
troops from Philadelphia.
15th.—An express from General Arnold, dated Trenton 14th, at six
o'clock, received here at half past five this morning, says, that he
had waited six hours, hoping to hear from General Sullivan, but had
not; that he should immediately set off for Coryel's Ferry; that the
reports of the country were, that the enemy were marching rapidly
towards that place, and, that General Sullivan was about two miles
ahead of them, on the same road.
Coryel's Ferry is the place where our boats were stationed sufficient
to transport 3000 men at a time.
Another letter from General Arnold, dated Coryel's Ferry, 14th, 9
o'clock, P. M. received here at 9 this morning, says, that General
Sullivan, arrived at that place about 4 o'clock, and had with him 1600
continental troops, and about the same number of Jersey militia making
up the number already there about 4000; that the Jersey militia were
turning out very spiritedly, and that he expected to be 5000 strong by
the next day, when he should march towards the enemy, who had encamped
at Somerset Court House, eight miles from Brunswick; that General
Washington continued at his quarters near Middle Brook, eight miles in
the rear of the enemy, who were about 7000.
16th.—The above makes up the chain of intelligence, to General
Arnold's fourth letter, which was received here this morning, and is
printed in the papers of the 17th and 18th inst., to which we refer
you.
From various quarters lately we have reports, but none sufficient to
depend on, that the enemy will receive no reinforcement from Europe,
and likewise that a war with France is inevitable.
General Burgoyne is said to be arrived at Quebec with troops.
We have seen a memorial, presented to the States-General by Sir Joseph
Yorke, and two answers thereto, the one, "that they had no account to
render to him of their conduct," the other, that "there are no gates
to the Hague."
We are, gentlemen, yours, &c.
B. HARRISON,
R. MORRIS,
T. HAYWARD,
J. LOVELL.
Philadelphia, June 26th, 1777.
Gentlemen,
Since our last, of the 8th inst., in which you were informed of the
enemy being encamped at Somerset Court House, eight miles from
Brunswick, we have the pleasure of acquainting you, that on the 19th,
at night, they made a precipitate retreat therefrom to the last
mentioned place, and on the 22d decamped again, and wholly evacuated
Brunswick, and retreated to Amboy. For particulars, we refer you to
General Washington's letter to Congress, printed in the newspapers of
the 25th inst.
We are unable to account for those movements of General Howe, on any
other grounds than the following; viz. that his march from Brunswick
to Somerset afforded him an opportunity of trying the disposition of
the States of New Jersey and Pennsylvania, and finding that the
militia of both States were turning vigorously out to support our
army, he might reasonably conclude from thence, that his situation in
the Jerseys was too dangerous to be continued, and therefore decamped
to Amboy, from whence he might, by his bridge of boats, intended for
the Delaware, throw himself into a safe retreat on Staten Island. We
give you circumstances as they are, with such natural inferences
therefrom as our situation and knowledge of things enable us to draw.
The memorial, presented by Sir Joseph Yorke to the States-General,
mentioned in ours, of June 18th, you will find in the newspapers of
the 11th inst. The said memorial does not come sufficiently
authenticated to us, to give you any particular instructions
respecting your conduct thereon, but as the progress of friendship
depends much on the improvement of accidents and little circumstances,
we doubt not you will be attentive to the conduct of the
States-General at all times, and let us know whenever it appears to
you that a commissioner from Congress would be favorably received
there.
B. HARRISON,
R. MORRIS,
T. HAYWARD,
J. LOVELL.
Philadelphia, July 2d, 1777.
Gentlemen,
Since our last of the 26th ult. which mentions the enemy being
retreated to Amboy, we have to inform you, that General Washington
dismissed the Jersey militia, except about 2000, and likewise
countermanded the reinforcement of 3000 men from General Putman's
Division, at Peekskill. We suppose General Howe to be apprized of
these circumstances, as he immediately after returned with his whole
force from Amboy, and made an attempt to cut off a Division of our
army under General Sterling, but without success. For particulars we
refer you to General Washington's letters, in the newspapers of the 3d
inst.
A letter from General Washington, just received, informs us, that the
enemy have totally evacuated the Jerseys, and are retreated to their
last year's quarters on Staten Island.
We enclose to you commissions and instructions for Ralph Izard and
William Lee; the first, appointed commissioner to the Court of
Tuscany, and the latter to the Courts of Vienna and Berlin. Their
instructions are so intimately connected with your own, that we have
thought proper to send them open to your confidential care, that you
may give information to the gentlemen, and take every due step to
forward the execution of the intention of Congress.
B. HARRISON,
R. MORRIS,
T. HAYWARD,
J. LOVELL.
Translation.
Versailles, 16th July, 1777.
Gentlemen,
You cannot forget, that at the first conversation I had with both of
you, I assured you, that you should enjoy in France, with respect to
your persons, every security and comfort, which we showed to
foreigners; and as to your commerce and navigation, we would grant
every facility compatible with the exact observation of our treaties
with England, which the king's principles would induce him religiously
to fulfil. In order to prevent every doubt, with respect to the
vessels that may participate in the favors, which we grant in our
ports to nations in amity, I pointed out to you the article of the
treaty, which forbids the power of allowing privateers free access
into our ports, unless through pressing necessity, as also with
respect to the deposit and sale of their prizes. You promised,
gentlemen, to conform thereto.
After so particular an explanation, we did not press the departure of
the ship Reprisal, which brought Mr Franklin to France, because we
were assured it was destined to return with merchandise. We had quite
lost sight of this vessel, and imagined she was in the American seas,
when, with great surprise, we understood that she had entered
L'Orient, after taking several prizes. Orders were immediately given,
that she should depart in twentyfour hours, and to conduct her prizes
to the only admiralties, that were authorised to judge of their
validity. Captain Wickes complained of a leak. Being visited by proper
officers, his allegation was found to be legal, and admissible, the
necessary repairs were permitted, and he was enjoined to put to sea
again.
After such repeated advertisements, the motives of which you have been
informed of, we had no reason to expect, gentlemen, that the said Mr
Wickes would prosecute his cruising in the European seas, and we could
not be otherwise than greatly surprised, that, after having associated
with the privateers, the Lexington and Dolphin, to infest the English
coasts, they should all three of them come for refuge into our ports.
You are too well informed, gentlemen, and too penetrating, not to see
how this conduct affects the dignity of the king, my master, at the
same time it offends the neutrality, which His Majesty professes. I
expect, therefore, from your equity, that you will be the first to
condemn a conduct so opposite to the duties of hospitality and
decency. The king cannot dissemble it, and it is by his express order,
gentlemen, that I acquaint you, that orders have been sent to the
ports, in which the said privateers have entered, to sequester, and
detain them, until sufficient security can be obtained, that they
shall return directly to their country, and not expose themselves, by
new acts of hostility, to the necessity of seeking an asylum in our
ports.
As to the prizes they may have taken, if they have brought them into
our ports, they have orders to go out immediately, and the same
conduct shall be observed towards any capture of any nation whatever.
Such are the obligations of our treaties, conformable to our marine
ordinances, which the king cannot by any means evade. It will be
highly proper for you to make these intentions known, wherever you may
think it most expedient, so that new privateers, from the example of
the misconduct of those against whom we are obliged to be rigorous,
may not expose themselves to the like embarrassments.
What I have the honor to inform you, gentlemen, of the king's
disposition, by no means changes the assurances which I have been
authorised to make you, at the time of your arrival, and which I again
renew, for the security of your residence, and of all such of your
nation whom it may suit to reside among us, as well as with respect to
the commerce allowed of, which will meet with every facility on our
part, that our laws and usages will permit.
I have the honor to be, &c.
DE VERGENNES.
Paris, 17th July, 1777.
Sir,
We are very sensible of the protection afforded to us, and to our
commerce, since our residence in this kingdom, agreeable to the
goodness of the king's gracious intentions, and to the law of nations;
and it gives us real and great concern, when any vessels of war
appertaining to America, either through ignorance or inattention, do
any thing that may offend His Majesty, in the smallest degree. The
Captains Wickes, Nicholson, and Johnson, have excused to us their
returning to France, being chased into the channel, and close to your
ports, by English men of war, of the truth of which we have no doubt,
the Reprisal, particularly, having been obliged to throw her guns
overboard, to facilitate her escape.
We had, some days before we were honored by your Excellency's letter,
despatched by an express the most positive orders to them, to depart
directly to America, which they are accordingly preparing to do, as
your Excellency will see by the letter enclosed, which we have just
received by the return of that express. We shall communicate His
Majesty's orders to our friends residing in your ports, and acquaint
the Congress with the same, to the end, that our armed vessels may be
warned of the consequence that must attend an infringement of them. We
doubt not but they will be henceforth strictly attended to; and we are
willing and ready to give any security your Excellency may judge
sufficient and reasonable, that, after being fitted and provisioned
for so long a voyage, these vessels shall proceed directly to America,
without making any other cruise on the coasts of England. We are
thankful for the repeated assurances of His Majesty's protection
continued to us, and such of our nation as may reside in France, and
for the facilities indulged to our commerce, at this critical
conjuncture, which will always be remembered in our country, with
gratitude and affection.
We have the honor to be, &c.
B. FRANKLIN,
SILAS DEANE.
Philadelphia, August 7th, 1777.
Gentlemen,
Enclosed are duplicates of commissions and instructions for William
Lee and Ralph Izard, and triplicates of our former despatches.
Since our last, of July 3d, various circumstances have happened in the
military department, many of which are so intricate and unfinished, as
not to enable us to draw any just conclusions from them.
Immediately after the unsuccessful attempt made by General Howe, June
26th, to cut off a detachment of our army, under General Sterling, as
mentioned in our last, the whole body of the enemy retreated to Staten
Island, embarked on board their fleet, and on the 23d of July put to
sea; on the 27th, they appeared off the Capes of Delaware. General
Washington, with the army, arrived at Germantown on the 29th. On the
31st, the enemy's fleet stood out to sea. They made a second
appearance at the Capes, since which we have had no account of them.
As this packet goes from the eastward, you will probably be furnished
with something further from that quarter.
Our worst news is, that we have lost Ticonderoga, whether by neglect
or necessity, cowardice or good conduct, will appear hereafter.
Congress have ordered General Gates to that department, and have
directed Generals Schuyler and St Clair to appear at head quarters,
that an inquiry may be made into their conduct, and the circumstances
of this mysterious affair. In the papers of July 16th, 23d, August 5th
and 6th, you have Generals Schuyler's and St Clair's letters, and the
resolves of Congress. We have been fortunate enough to take, and so
unfortunate as to lose again, the Fox frigate. She was taken by the
Captains Manly and McNeil, but two heavy English ships being in sight
when she struck, she was afterwards retaken by them.
Major General Prescott, who commanded the enemy's forces at Rhode
Island, was seized and made prisoner by a small party under Lieutenant
Colonel Barton, as you may see by General Washington's letter to
Congress, printed July 23d. The Congress have presented Colonel Barton
with a sword, and likewise Lieutenant Colonel Meigs with another; this
officer having performed a gallant exploit on Long Island, bringing
off nearly a hundred prisoners, and destroying a large quantity of
forage.
Were it not for the Ticonderoga affair, we should have nothing but
good news to communicate; and even that may turn out in the end a
lucky circumstance to the general cause, as did the attempt of the
enemy to march through the Jerseys last winter. We have a fine healthy
army, anxious for nothing so much as to meet their foes. Surely it
must appear very ridiculous in Europe that General Howe should be
thus shunning the army he came out to conquer, and wasting his time in
cruising upon the coast with his whole fleet, at this hot season of
the year, when the ministry in England, and perhaps Lord Stormont at
Paris, have given out that he has penetrated a hundred miles or more
into the country.
We are, with great regard, gentlemen,
Your most humble servants,
BENJAMIN HARRISON,
ROBERT MORRIS,
JAMES LOVELL.
Versailles, August 12th, 1777.
Sir,
We understand, with great surprise, that one of our countrymen, Mr
Hodge, a merchant of Philadelphia, is apprehended at Paris, with all
his papers, and carried away by the officers of police.
As Mr Hodge is a person of character, connected with the best houses
in our country, and employed here by a committee of Congress to
purchase goods, we cannot conceive him capable of any wilful offence
against the laws of this nation. Our personal regard for him, as well
as the duty of our station, obliges us to interest ourselves in his
behalf, and to request, as we do most earnestly, that he may be
immediately restored to us.
We have the honor to be, &c.
B. FRANKLIN,
SILAS DEANE,
ARTHUR LEE.
We the undersigned acknowledge that we have authorised M. Holker to
treat with Messrs Sabatier & Despres, for five thousand coats,
waistcoats, and breeches, of which, two thousand five hundred coats
are to be blue, and two thousand five hundred brown, with facings,
linings, and collars of red, the waistcoats and breeches to be white,
agreeably to the present treaty, and to the same clauses and
conditions therein stipulated. Done at Paris, the 15th of August,
1777.
B. FRANKLIN,
SILAS DEANE.
The present contract done and signed in duplicates to be faithfully
executed on both sides, agreeably to its tenor and form. Paris, 6th of
August, 1777.
MONTIEU.
SILAS DEANE, for
B. Franklin and self.
| 6000 |
coats, complete, |
at 37 livres ea. |
222,000 |
| 12000 |
pair woollen stockings, |
30 pr. doz. |
30,000 |
| 100,000 |
lbs. of copper, |
27 pr. lb. |
135,000 |
| 22,000 |
" sheet copper and nails, |
33 pr. lb. |
36,300 |
| 20,000 |
" English tin, |
17 the c't w't |
17,000 |
| 4 |
million flints, |
4 pr. 100 |
16,000 |
| 456,300 |
Sum total, four hundred fifty six thousand three hundred livres,
errors and omissions excepted.
Passy, 8th September, 1777.
Gentlemen,
It is long since we had a line from you, the last received being of
the date of ——, we suppose from the same causes which have
occasioned your hearing so seldom from us, the difficulty of finding
safe conveyances, and sometimes the loss of the despatches by the way.
Mr Lee informs you, we suppose, of his negotiations in Prussia, and
his safe return hither. There appears in that, as well as in every
other country in Europe, a disposition to share in our commerce, and
to oblige us as far as may be done without offending England. We have
numbers of letters from eminent houses there, proposing to furnish us
with a variety of commodities, at reasonable rates, to be received by
us in Europe, and paid for here. We advise them to send their goods in
their own ships, and protect their own trade to and from our coasts.
We enclose you a copy of the memorial[40] we sent to Portugal, to
which we have yet received no answer. That Court has been lately much
employed in adjusting its differences with Spain, which it is said are
now nearly all accommodated, and that they will accede to the family
compact.
This Court continues the same conduct that it has held ever since our
arrival. It professes to England a resolution to observe all treaties,
and proves it by restoring prizes too openly brought into their ports,
imprisoning such persons as are found to be concerned in fitting out
armed vessels against England from France, warning frequently those
from America to depart, and repeating orders against the exportation
of warlike stores. To us it privately professes a real friendship,
wishes success to our cause, winks at the supplies we obtain here, as
much as it can without giving open grounds of complaint to England,
privately affords us very essential aids, and goes on preparing for
war. How long these two parts will continue to be acted at the same
time, and which will finally predominate, may be a question. As it is
the true interest of France to prevent our being annexed to Britain,
that so the British power may be diminished, and the French commerce
augmented, we are inclined to believe the sincerity is towards us,
more especially as the united bent of the nation is manifestly in our
favor; their not having yet commenced a war is accounted for by
various reasons. The treaties subsisting among the powers of Europe,
by which they are obliged to aid those attacked more than those
attacking, which it is supposed will make some difference, the not
being fully prepared, the absence of their seamen in their fishery and
West Indies, and the treasure expected from New Spain, with the sugars
from the Islands, have all, it is said, contributed to restrain the
national desire of a breach with England, in which her troublesome
power may be reduced, the wealth and strength of France increased, and
some satisfaction obtained for the injuries received, in the unfair
commencement of the last war.
England too is extremely exasperated at the sight of her lost commerce
enjoyed by France, the favor our armed vessels have met with here, and
the distress of their remaining trade, by our cruisers, even on their
own coasts; and yet she seems afraid of beginning a war with this
country and Spain together, while she has our war upon her hands. In
such a situation, some accident may probably bring on a war, sooner
than is desired by either party. In the mean time, perhaps the delay
may have this good effect for us, that enjoying the whole harvest of
plunder upon the British commerce, which otherwise France and Spain
would divide with us, our infant naval power finds such plentiful
nourishment, as has increased, and must increase its growth and
strength most marvellously.
It gave us great joy to hear of the arrival of the Mercury,
Amphitrite, and other vessels carrying supplies. Another ship, with a
similar cargo, which had long been detained at Marseilles, we hope
will soon arrive with you. We hope, also, that you will receive
between twenty and thirty thousand suits of clothes, before winter,
and from time to time quantities of new and good arms, which we are
purchasing in different parts of Europe. But we must desire you to
remember, that we are hitherto disappointed in your promises of
remittance, either by the difficulties you find in shipping, or by
captures, and that though far short of completing your orders, we are
in danger of being greatly embarrassed by debts, in failing in
performance of our contracts, and losing our credit with that of the
Congress; for though we have received three quarterly payments of the
two millions of livres, formerly mentioned to you, and expect the last
next month, our contracts go beyond, and we must reserve the
continuance of that aid, for the purpose it was promised, to answer
your drafts for interest, if that proposal of ours has been adopted.
Particularly we beg you will attend to the affair of tobacco for the
Farmers-General, with whom we have contracted to supply five thousand
hogsheads of tobacco, for which they have advanced us one million of
livres, in ready money, and are to pay the rest on delivery, as we
formerly advised you. Your vigorous exertions in these matters are the
more necessary, as during the apparent, or supposed uncertainty of our
affairs, the loan we were directed to obtain of two millions sterling
has hitherto been judged impracticable.
But if the present campaign should end favorably for us, perhaps we
may be able to accomplish it another year, as some jealousy begins to
be entertained of the English funds by the Dutch, and other monied
people of Europe, to the increase of which jealousy, we hope a
paper[41] we have drawn up, (a copy whereof we enclose) may in some
degree contribute when made public.
Mr Deane has written fully to you on the effect our cruisers have had
on the coast and commerce of Britain, which makes our saying much on
that head unnecessary.[42] We cannot, however, omit this opportunity
of expressing our satisfaction in the conduct of the Captains, and of
recommending them warmly to Congress. The ostensible letter and answer
from and to the Minister of Foreign Affairs, copies of which we
enclose,[43] will show the conduct which the Court has thought, and
thinks itself at present obliged to hold with regard to our cruisers
and their prizes, of which it seems fit some notice should be given to
the several States. As the English goods cannot in foreign markets
face those of the French or Dutch, loaded as they are with the high
insurance from which their competitors are exempted, it is certain the
trade of Britain must diminish while she is at war with us, and the
rest of Europe in peace. To evade this mischief, she now begins to
make use of French bottoms; but as we have yet no treaty with France,
or any other power that gives to free ships the privilege of making
free goods, we may weaken that project, by taking the goods of the
enemy wherever we find them, paying the freight. And it is imagined
that the Captains of the vessels so freighted may, by a little
encouragement, be prevailed on to facilitate the necessary discovery.
Spain not having yet resolved to receive a minister from the Congress,
Mr Franklin still remains here. She has, however, afforded the aids we
formerly mentioned, and supplies of various articles have continued
till lately to be sent consigned to Mr Gerry, much of which we hear
has safely arrived. We shall use our best endeavors to obtain a
continuance and increase of those aids.
You will excuse our mentioning to you, that our expenses here are
necessarily very great, though we live with as much frugality as our
public character will permit. Americans, who escape from English
prisons, destitute of every thing, and others who need assistance, are
continually calling upon us for it, and our funds are very uncertain,
having yet received but about 64,571 livres, of what was allotted for
our support by Congress.
With the greatest respect, we have the honor to be, &c.
B. FRANKLIN,
SILAS DEANE,
ARTHUR LEE.
Yorktown, 6th October, 1777.
Gentlemen,
Since ours to you, by return of the packet from New Hampshire, and
duplicates by Mr McCreary, from Maryland, we have not written, nor
have we received any of your favors during the last two months, except
a letter of old date, (April 19th) signed by Messrs Deane and Lee.
Captain Hammond being not yet arrived, although he sailed in April, it
is too probable that he has fallen into the enemy's hands, or
miscarried at sea.
Two reasons have prevented us from writing hitherto; because from your
assurances we had cause to expect a monthly packet, and because the
progressive state of the war gave us reason to look for some more
decisive event daily, than had happened, and which might warrant the
expense of sending a particular packet, as the casual conveyance by
merchant vessels is almost entirely stopped by the number and
vigilance of the enemy's cruisers.
We shall now give you an accurate detail of the war in the northern
and middle departments, where alone it has raged since our last. You
were before apprized of the evacuation of Ticonderoga, and of the
retreat of our army from thence towards Albany. General Burgoyne was
rapid in pursuit of his successes, and pressed quickly on towards fort
Edward, upon Hudson's river, about twenty miles above Albany. Here his
progress was interrupted by the American army, being halted and
reinforced a little below him. This circumstance, with the following
events, have continued that interruption, and bid fair to render
abortive, at least, the great advantages expected by our enemies from
their first successes on the lakes.
The better to effect his purpose, General Burgoyne had detached
General St Leger with a body of regular troops, Canadians and Indians,
by the Oneida Lake and Wood Creek, to take fort Schuyler, (formerly
Stanwix) and to make an impression along the Mohawk river. This part
of his plan has been totally defeated by the bravery of General
Herkimer, with the Tryon county militia, and by the gallant defence of
fort Schuyler, by Colonel Gansevoort and Lieutenant Colonel Willet.
The former of these met the enemy in the field, defeated them, and
killed a great number of their Indian allies. This defeat being
obtained by militia, they dispersed as usual, and left the enemy to
collect and lay siege to fort Schuyler, which was defended with great
gallantry by the two officers above mentioned, until the approach of
General Arnold, with a body of troops, occasioned the enemy to raise
the siege of that fortress and retreat with great precipitation,
leaving their baggage, ammunition, provisions, and some of their
artillery, which fell into our hands. Another body of troops was
detached by General Burgoyne, under command of Lieutenant Colonel
Baum, to the eastward, for the purpose of collecting horses to mount
the troopers, provisions, and teams, for the use of the army. This
detachment was met, attacked, and defeated by the brave General Stark,
and the New Hampshire militia, at a place called Bennington, and now
rendered famous by the total overthrow of fifteen hundred regular
troops, (posted behind works fortified with cannon,) by two thousand
militia.
The two wings of General Burgoyne being thus cut off, his body
remained inactive until the 19th of last month, when he moved on to
attack General Gates, who commands the northern army, and who was well
posted at Behmus's Heights. The consequence of this attack, you will
see related by General Gates himself, among the enclosed papers, as
well as the account of our successes in the rear of the enemy, on the
lakes George and Champlain, by Colonel Brown, who had been detached by
General Lincoln, who is also in General Burgoyne's rear, with a
strong body of troops. Surrounded, as it is on all sides, with little
prospect of safe retreat, and a strong army in front, growing stronger
every day by reinforcements, we hope, ere long, to give you
information of definitive success over the British army in that
quarter. An Aid of General Gates, who brought us these last accounts,
says, that by the concurring testimony of prisoners, deserters, and
some of our own people, who escaped from the enemy, their loss could
not be less than one thousand, or twelve hundred men, in killed,
wounded, and missing; and that General Burgoyne himself was wounded in
the shoulder by a rifle ball.
In the middle department, the war has been less favorable to us, as
you will see by what follows. About the middle of August, the British
fleet appeared in the Chesapeake Bay, and landed General Howe's army
at the head of Elk, about fifty miles from Philadelphia. General
Washington's army, which had crossed the Delaware on the embarkation
of the British troops, and the appearance of the fleet off the Capes
of that river, now proceeded to meet the enemy, and came up with them
near Wilmington. After various skirmishes and manœuvres, a general
engagement took place at Chad's Ford, over the Brandywine, on the 11th
of September last. This battle terminated in our leaving the enemy in
possession of the field, with nine pieces of our artillery. Our loss
in killed, wounded, and missing, did not exceed six hundred; that of
the enemy, as far as we have been able to get information, was near
two thousand. An orderly, taken from them since the battle, makes it
nineteen hundred.[44]
General Washington retreated across the Schuylkill, and, having
refreshed his army, recrossed that river in two days after the former
battle, with design to attack the enemy, who remained close by the
field of action until he came up with them again. To be the better
prepared for battle, and to be guarded against the consequences of
defeat, our army marched without baggage, and left their tents behind.
In this situation, and just in the moment of beginning an attack upon
the enemy, a heavy, long continued, and cold rain, with high wind,
came on and prevented it. The ammunition in the cartridge boxes was
all rendered unfit for use, the arms injured, and the troops a good
deal hurt and dispirited.
In this state of things, it became necessary to retire from before the
enemy to a place of safety, in order to clean the arms, replace the
cartridges, and refresh the men. The enemy were also without tents;
but they have good blankets, are better clothed, and have tin
receptacles for keeping dry their cartridges. General Howe, judging of
our situation, put his army in motion, and endeavored to harrass and
distress us, by marches, countermarches, and frequent shows of
designing to give battle. After a variety of manœuvres, the enemy
crossed the Schuylkill below our army, and marching to Philadelphia,
have possessed themselves of that city. General Washington, having
refreshed his men, and being reinforced, is moving now towards the
enemy. This unfortunate rain has injured our affairs considerably, by
having thrown a number of our men into hospitals, and by the distress
and harrassment of the army, consequent thereupon. However, they are
recovering again, and we hope before long will give General Howe
reason to repent his possession of Philadelphia. The real injury to
America, from the enemy's possession of that city, is not so great as
some are apt at first view to imagine, unless the report and
misconceptions of this matter in Europe, should too much dispirit our
friends and inspirit our enemies. But we rely on your careful and just
representation of this matter, to prevent the ill impressions which it
may otherwise make. When this contest first began, we foresaw the
probability of losing our great towns on the water, and so expressly
told our enemies, in the address of the first Congress; but we are
blessed with an extensive sea coast, by which we can convey and
receive benefits independent of any particular spot. But it is very
far from being a clear point to us, that the enemy will be able to
hold Philadelphia, as we are yet masters of the Delaware below, and
have hopes of keeping it, so as to prevent the British fleet from
getting up to the city. Should this be the case, General Howe's visit
cannot be of long duration.
You say that the vessels of the United States will be received at the
Havanna, as those of France, the most favored nation. We wish to be
exactly informed whether North American products may be carried
thither, or prizes be taken to, and disposed of, in that port, or any
other ports of his Catholic Majesty in America. You likewise mention a
late draught of the Mississippi, taken for the government of Great
Britain; we are desirous of being furnished with a copy. It is with
pleasure we read your assurance of sending the soldiers' clothing, and
other materials for the army, in time to meet the approaching cold
season; they will be greatly wanted.
As the small successes the enemy have met with this year will probably
support the hopes of a vindictive Court, and occasion the straining of
every nerve for the accomplishment of its tyrannic views, we doubt not
your most strenuous exertions to prevent Great Britain from obtaining
Russian or German auxiliaries for the next campaign; and we think,
with you, that it is an object of the greatest importance to cultivate
and secure the friendship of his Prussian Majesty, as well for the
preventing this evil, as for obtaining his public recognition of our
independence, and leave of his ports for the purposes of commerce, and
disposal of prizes.
The original papers, which you mention, in a triplicate, to have sent,
never came to hand; so that we can only make conjectures as to the
disposition of that monarch. The marine force of the enemy is so
considerable in these seas, and so over proportionate to our infant
navy, that it seems quite necessary and wise to send our ships to
distress the commerce of our enemies in other parts of the world. For
this purpose, the Marine Committee have already ordered some vessels
to France, under your direction as to their future operations, and
more, we expect, will be sent. But our frigates are not capable of
carrying much bulky commodity for commercial purposes, without
unfitting them for war; besides, there is the consideration of our
being obliged to get them away, how, and when we can, or endanger
their being taken, which prevents our sending them to those staple
Colonies, where the commodities wanted are to be obtained. The
reciprocal benefits of commerce cannot flow from, or to North America,
until some maritime power in Europe will aid our cause with marine
strength. And this circumstance gives us pain, lest it should be
construed as unwillingness on our part to pay our debts, when the
truth is, that we have the greatest desire of doing so, have materials
in abundance, but not the means of conveying them.
This leads us to reflect on the great advantages, which must
unavoidably accrue to all parties, if France, or Spain, were to afford
effectual aid on the sea, by the loan or sale of ships of war,
according to the former propositions of Congress; or if the
Farmers-General could be prevailed upon to receive in America the
tobacco, or other products of this northern Continent, which France
may want.
We are, &c. &c.
B. HARRISON,
R. H. LEE,
R. NORRIS,
J. LOVELL.
P. S. On the 4th, an engagement between the two armies took place
near Germantown, the circumstances of which may be known by the
enclosed papers.
Yorktown, 6th October, 1777.
Gentlemen,
We shall follow your example in confining this letter entirely to
yours of May 26th, respecting the loan, and the mode of raising it by
appropriation of vacant land. It remains doubtful yet, whether there
is any vacant land not included within the charter limits of some one
of the thirteen States; and it is an undetermined question of great
magnitude, whether such land is to be considered as common stock, or
the exclusive property of the State within whose charter-bounds it may
be found.
Until this business has been determined in Congress, and approved by
the States, you will readily discover the difficulty of doing anything
in the way of raising money by appropriation of vacant land. We
consider your proposal on this subject as of very great importance;
and we shall not fail to solicit the attention of Congress thereto,
whenever the pressing business of the campaign will permit.
In the mean time, we see no reason that should prevent the young
nobleman, of Irish extract, from coming to America, because the
suspension of the question concerning vacant lands will not obstruct
his views of getting the quantity he may want either by original
entry, or by purchase on the most reasonable terms, upon the frontiers
of those States, where vacant lands are in abundance to be met with.
We are warranted to say that such rank, as that nobleman may have when
he leaves service in Europe, will be granted to him here. Congress
clearly discern, with you, gentlemen, the all important concern of
supporting the credit of the continental money, and with this view
have proposed, as you will see by the enclosed resolves, to pay the
interest of twenty millions of dollars by bills drawn on you.
This we hope will in time replenish the loan offices so effectually
as, with the aid of taxation now generally taking place, to prevent
the necessity of future emissions. By your letters of the 25th of May
we have no doubt, but these interest bills will be paid with all due
punctuality. About five millions only of the twenty voted are yet
borrowed, and the interest on those five will not be drawn for in
bills till near a twelvemonth.
We are, &c.
B. HARRISON,
R. H. LEE,
J. WITHERSPOON,
J. LOVELL.
Passy, 7th October, 1777.
Gentlemen,
We received duly your despatches by Mr McCreary, and Captain Young,
dated May 2d and 30th, June 13th, 18th, 26th, and July 2d. The
intelligence they contain is very particular and satisfactory. It
rejoices us to be informed, that unanimity continues to reign among
the States, and that you have so good an opinion of your affairs, in
which we join with you. We understand that you have also written to us
of later dates by Captain Holmes. He is arrived at Port L'Orient, but
being chased, and nearly taken, he sunk his despatches.
We are also of your sentiments, with regard to the interests of
France, and Spain, respecting our Independence, which interests we are
persuaded they see as well as we, though particular present
circumstances induce them to postpone the measures, that are proper to
secure those interests. They continue to hold the same conduct
described in our last, which went by Wickes and Johnson, a copy
whereof we send herewith, as Johnson is unfortunately taken. We have
lately presented an earnest memorial to both Courts, stating the
difficulties of our situation, and requesting that if they cannot
immediately make a diversion in our favor, they would give a subsidy
sufficient to enable us to continue the war without them, or afford
the States their advice and influence in making a good peace.
Our present demand, to enable us to fulfil your orders, is for about
eight millions of livres. Couriers, we understand, are despatched with
this memorial to Madrid by both the ambassador of Spain and the
minister here; and we are desired to wait with patience the answer, as
the two Courts must act together. In the meantime, they give us fresh
assurances of their good will to our cause, and we have just received
a fourth sum of five hundred thousand livres. But we are continually
charged to keep the aids, that are, or may be afforded us, a dead
secret, even from the Congress, where they suppose England has some
intelligence; and they wish she may have no certain proofs to produce
against them, with the other powers of Europe. The apparent necessity
of your being informed of the true state of your affairs, obliges us
to dispense with this injunction; but we entreat that the greatest
care may be taken that no part of it shall transpire; nor of the
assurances we have received, that no repayment will ever be required
from us, of what has been already given us, either in money or
military stores. The great desire here seems to be, that England
should strike first, and not be able to give her allies a good reason.
The total failure of remittances from you, for a long time past, has
embarrassed us exceedingly; the contracts we entered into for clothing
and arms, in expectation of those remittances, and which are now
beginning to call for payment, distress us much, and we are in
imminent danger of bankruptcy; for all your agents are in the same
situation, and they all recur to us to save their and your credit. We
were obliged to discharge a debt of Myrtle's, at Bordeaux, amounting
to about five thousand livres, to get that vessel away, and he now
duns us at every post for between four and five thousand pounds
sterling, to disengage him in Holland, where he has purchased arms for
you. With the same view of saving your credit, Mr Ross was furnished
with twenty thousand pounds sterling, to disentangle him. All the
captains of your armed vessels come to us for their supplies, and we
have not received a farthing of the produce of their prizes, as they
are ordered into other hands. Mr Hodge has had large sums of us.
But to give you some idea for the present, till a more perfect account
can be rendered of the demands upon us, of what we have paid, we
enclose a sketch for your perusal; and shall only observe, that we
have refused no application, in which your credit appeared to be
concerned, except one from the creditors of a Mr Ceronio, said to be
your agent in Hispaniola, but of whom we had no knowledge; and we had
reason to hope, that you would have been equally ready to support our
credit, as we have been yours, and from the same motives, the good of
the public, for whom we are all acting, the success of our business
depending considerably upon it.
We are sorry, therefore, to find all the world acquainted here, that
the Commissioners from Congress have not so much of your regard as to
obtain the change of a single agent, who disgraces us all. We say no
more of this at present, contenting ourselves with the consciousness,
that we recommended that change from the purest motives, and that the
necessity of it, and our uprightness in proposing it, will soon fully
appear.
Messrs Gardoqui, at Bilboa, have sent several cargoes of naval stores,
cordage, sailcloth, anchors, &c. for the public use, consigned to
Elbridge Gerry. They complain, that they have no acknowledgment from
that gentleman of the goods being received, though they know that the
vessels arrived. We have excused it to them, on the supposition of his
being absent at Congress. We wish such acknowledgments may be made,
accompanied with some expressions of gratitude towards those from whom
the supplies come, without mentioning who they are supposed to be. You
mention the arrival of the Amphitrite and Mercury, but say nothing of
the cargoes.
Mr Hodge is discharged from his imprisonment, on our solicitation, and
his papers restored to him; he was well treated while in the Bastile.
The charge against him was, deceiving the government in fitting out
Cunningham from Dunkirk, who was represented as going on some trading
voyage; but, as soon as he was out, began a cruise on the British
coast, and took six sail. He is got safe into Ferrol.
We have received and delivered the commissions to Mr William Lee, and
Mr Izard. No letters came with them for these gentlemen, with
information how they are to be supported on their stations. We suppose
they write to you, and will acquaint you with their intentions.
Some propositions are privately communicated to us, said to be on the
part of Russia, for forming a commercial company at Emden. We shall
put them into the hands of Mr Lee.
We do not see a probability of our obtaining a loan of two millions
sterling, from any of the money holders in Europe, till our affairs
are, in their opinion, more firmly established. What may be obtained
from the two crowns, either as loan or subsidy, we shall probably
know on the return of the couriers, and we hope we shall be able to
write more satisfactory on those heads by Captain Young, who will, by
that time, be ready to return.
With the greatest respect, we have the honor to be, &c.
B. FRANKLIN,
SILAS DEANE,
ARTHUR LEE.
Yorktown, 18th October, 1777.
Gentlemen,
We have the pleasure of enclosing to you the copy of a letter from
General Gates, containing the circumstances of a victory gained over
General Burgoyne, on the 7th. This event must defeat the main views of
General Clinton, in proceeding up Hudson's river. He has, it is true,
got possession of fort Montgomery, but with much loss, as we hear.
Though the enemy should boast much of this acquisition, yet we are
persuaded the consequences will be very little profitable to them, as
Governor Clinton, of New York, and his brother General James Clinton,
are acting vigorously in concert with General Putnam, who commands in
that quarter.
Our army under General Washington is numerous and in high spirits,
while General Howe is busied in forming obstructions in the roads
leading to the city of Philadelphia, by which he supports the hopes of
keeping our troops from routing him out of his stolen quarters. The
enclosed resolves need no comment from us, being sufficient of
themselves to determine your conduct in the points to which they
relate. It is with concern we find, that British property has lately
been covered by conveyance in French bottoms, which practice pursued,
and American search disliked by France, it is obvious, that the most
vulnerable part of Great Britain, her commerce, will be secured
against us, and that by the intervention of our professed friends. We
desire, therefore, gentlemen, that you will confer with the ministers
of France on this subject, and satisfy them of the propriety, and even
the necessity which there is, that either this commerce should be
prohibited, or that the United States be at liberty to search into,
and make distinctions between the bottom and the enemy's property
conveyed in that bottom.
To prevent ill impressions being made, by a number of officers who are
returning to France, we think it proper to observe, that without
totally deranging and risking even the annihilation of the American
armies, it was not possible to provide for many of those gentlemen in
the manner they wished, and which some of them had stipulated for,
previous to their leaving France. We have done all in our power to
prevent discontent, but no doubt there will be some, whose
dissatisfactions will produce complaints, and perhaps
misrepresentations. You will be guarded on this head, and represent
our conduct as founded solely on the necessity of our situation.
We have the honor to be, &c.
B. HARRISON,
R. H. LEE,
R. MORRIS,
J. LOVELL.
York, 31st October, 1777.
Gentlemen,
We have the pleasure to enclose to you the capitulation by which
General Burgoyne and his whole army surrendered themselves prisoners
of war. This great event might have been still greater, had not the
operations on the Hudson river, below Albany, rendered it probable,
that Sir Henry Clinton might come to the relief of General Burgoyne,
as he had urged his way up to within fortyfour miles of Albany, at
which place were lodged the principal magazines of war and provisions
for our northern army. General Gates is now moving down the north
river, having sent General Stark with two thousand brave men, to
reduce Ticonderoga and the passes yet occupied by the enemy on lake
George.
General Howe is yet at Philadelphia, but whether he will be able to
continue there, may be judged from a consideration of General
Burgoyne's surrender, from the hitherto unavailing efforts of the
enemy to get their fleet up to the city, from General Washington's
being with a good army now near Germantown, and closing upon the
enemy's lines, which run across the commons by Philadelphia, as we are
informed, from Delaware to Schuylkill.
After many smaller attempts had been made in vain, upon fort Island
and the chevaux de frize, a general and very powerful attack was made
upon the 22d and 23d of this month, on Red Bank, by twelve hundred
Hessians, and on Fort Island, by several ships of war, which
approached as near as the chevaux de frize would admit, and by fire
from batteries erected on Province Island. The Hessians were led on by
Count Donop, Colonel Commandant. They attempted the place by storm,
and were repulsed with the loss of seventy dead on the spot, and
seventyeight prisoners wounded; among the latter, are Colonel Donop,
and his aid major. Among the former, are a Lieutenant Colonel, and
some inferior officers. From the ships and Province Island batteries,
a furious cannonade was long continued, and warmly returned by fort
Mifflin and the gallies. At length the ships were obliged to retire
with the loss of two, which the enemy set on fire themselves, and
which were thus blown up. These two are said to be the Augusta, of
sixtyfour guns, and the Liverpool frigate. The names of the ships we
cannot be sure of yet, but, that two men of war were destroyed is
certain, and being desirous of giving you the most early information
of the great events at the northward, we shall be more particular
about the Delaware business hereafter. We rely on your wisdom and care
to make the best and most immediate use of this intelligence, to
depress our enemies, and produce essential aid to our cause in Europe.
The public acknowledgment of the independence of these United States,
would be attended with beneficial consequences, and whilst we proceed
with diligence and care to profit from our advantages, we are sensible
how essential European aid must be to the final establishment and
security of American freedom and independence. We are in daily
expectation of hearing from you, which we have not done since May
last.
As some of our frigates are ordered to France, under your after
direction, we hope to hear in due time, that more effectual distress
has been conveyed to the commerce of our enemies. It is a pity that
some of their towns should not be made to suffer for the licentious
conflagrations, which have been kindled by them in America.
We have the honor to be, &c.
R. H. LEE,
J. LOVELL.
York, 8th November, 1777.
Gentlemen,
At the time this will be delivered to you, bills of exchange will also
be presented for your acceptance, drawn by Henry Laurens, of
Charleston, South Carolina, who was elected President of the
Continental Congress, on the first day of this month, of which we
thought proper to give you thus early information, that you may duly
honor his draughts, the particulars of which we shall forward speedily
by another opportunity, concluding with much regard, &c.
R. H. LEE,
J. LOVELL.
Passy, 30th November, 1777.
Gentlemen,
In a former letter we acquainted you that we had engaged an officer,
one of the most skilful in naval affairs this country possessed, to
build us a frigate in Holland, on a new construction (drafts of which
we sent you) and to go over in her to America, and enter your
service. The frigate is almost finished. She is very large, is to
carry thirty 24 pounders, on one deck, and is supposed equal to a ship
of the line. But the infinite difficulties we find in equipping and
manning such a ship in any neutral port, under the restrictions of
treaties, together with the want of supplies from you, have induced us
to sell her to the king, who, by a large pension offered to our
officer, has engaged him to remain in his service, and pays us what we
have expended on her.
We have built a small frigate at Nantes, which we hope to get away
soon, laden with supplies of various sorts. We meet with difficulties
too in shipping arms and ammunition in her, but hope they will be
surmounted. Several other vessels, some under the direction of Mr
Ross, others belonging to French merchants, are almost ready to sail
for America, and we had thoughts of sending them in a little fleet,
under convoy of the Raleigh, and Alfred, but on consultation,
considering the spies maintained by England in all the ports, and
thence the impossibility of making up such a fleet, without its being
known, so as to give time for a superior force to be in wait for it,
we concluded the chance better of their going off singly, as they
should be ready. In these vessels are clothes, ready made, for thirty
thousand men, besides arms, cloths, linens, and naval stores to a
great amount, bought up by us and Mr Ross. The private adventures will
also be very considerable. And as we shall continue our endeavor to
complete your orders, we hope that if the ships have common success in
passing, you will be better provided for the next campaign, than you
have been for any of the preceding.
How we are enabled to make these supplies, must be a matter of some
surprise to you, when you reflect that little or nothing from you has
been received by us, since what came by Captain Wickes, till now by
the arrival of the Amphitrite, and that the seeming uncertainty of
your public affairs has prevented hitherto our obtaining the loan
proposed. We have however found, or made some friends, who have
helped, and will, we are confident, continue to help us.
Being anxious for supporting the credit of Congress' paper money, we
procured a fund for payment of the interest of all the Congress had
proposed to borrow. And we mentioned in several of our letters, that
we should be ready to pay all bills drawn for the discharge of such
interest, to the full value in money of France, that is, five livres
for every dollar of interest due. We were persuaded, that thus fixing
the value of the interest would fix the value of the principal, and
consequently of the whole mass. We hope this will be approved, though
we have yet no answer. We cannot apply that fund to any other purpose,
and therefore wish to know as soon as may be, the resolution of
Congress upon it. Possibly none of those letters had reached you, or
your answers have miscarried; for the interruptions of our
correspondence have been very considerable. Adams, by whom we wrote
early this summer, was taken on this coast, having sunk his
despatches. We hear that Hammond shared the same fate on your coast.
Johnson, by whom we wrote in September, was taken, going out of the
channel, and poor Captain Wickes, who sailed at the same time, and had
duplicates, we just now hear foundered near Newfoundland, every man
perishing but the cook. This loss is extremely to be lamented, as he
was a gallant officer, and a very worthy man. Your despatches also,
which were coming by a small sloop from Morris's River, and by the
Mere Bobie packet, were both sunk, on those vessels being boarded by
English men of war.
The Amphitrite's arrival, with a cargo of rice and indigo, near one
thousand barrels of the one, and twenty of the other, is a seasonable
supply to us for our support; we not having for some time past, (as
you will see by our former letters) any expectations of further
supplies from Mr Morris; and though we live here with as much
frugality as possible, the unavoidable expenses, and the continual
demands upon us for assistance to Americans, who escape from English
prisons, &c. &c. endangered our being brought to great difficulties
for subsistence. The freight of that ship too calls for an enormous
sum, on account of her long demurrage.
We begin to be much troubled with complaints of our armed vessels
taking the ships and merchandise of neutral nations. From Holland,
they complain of the taking of the sloop Chester, Captain Bray,
belonging to Rotterdam, by two privateers of Charleston, called the
Fair American and the Experiment; from Cadiz, of the taking the French
ship Fortune, Captain Kenguen, by the Civil Usage privateer, having
on board Spanish property; and here, of the taking the Emperor of
Germany, from Cork, with beef, belonging to the marine of France, just
off the mouth of Bordeaux river. We send herewith the papers we have
received, and answers given, relating to those captures, and we
earnestly request, that if upon fair trials it shall appear that the
allegations are true, speedy justice may be done, and restitution made
to the reclaimants, it being of the utmost consequence to our affairs
in Europe, that we should wipe off the aspersions of our enemies, who
proclaim us every where as pirates, and endeavor to excite all the
world against us.
The Spanish affair has already had very ill effects at that Court, as
we learn by the return of the courier mentioned in our last. We have,
by letters to our correspondents at the several ports, done all in our
power to prevent such mischiefs for the future, a copy of which we
herewith send you. The European maritime powers embarrass themselves,
as well as us, by the double part their politics oblige them to act;
being in their hearts our friends, and wishing us success, they would
allow us every use of their ports consistent with their treaties, or
that we can make of them without giving open cause of complaint to
England; and it being so difficult to keep our privateers within those
bounds, we submit it to consideration, whether it would not be better
to forbear cruising on their coasts, and bringing prizes in here, till
an open war takes place, which, though by no means certain, seems
every now and then to be apprehended on both sides; witness among
other circumstances, the recall of their fishing ships by France, and
the king of England's late speech. In consequence of this embarrassed
conduct, our prizes cannot be sold publicly, of which the purchasers
take advantage in beating down the price, and sometimes the Admiralty
Courts are obliged to lay hold of them in consequence of orders from
Court, obtained by the English Ambassador. Our people, of course,
complain of this as unfriendly treatment; and as we must not
counteract the Court in the appearances they seem inclined to put on
towards England, we cannot set our folks right by acquainting them
with the essential services our cause is continually receiving from
this nation, and we are apprehensive, that resentment of that supposed
unkind usage may induce some of them to make reprisals, and thereby
occasion a deal of mischief. You will see some reason for this
apprehension, in the letter[45] from Captain Babson, which we send you
herewith, relating to their two prizes confiscated here for false
entries, and afterwards delivered up to the British, for which,
however, we have hopes of obtaining full satisfaction, having already
a promise of part.
The king of England's Speech blusters towards these kingdoms, as well
as towards us. He pretends to great resolution, both of continuing
this war, and of making two others, if they give him occasion. It is
conceived he will, with difficulty, find men and money for another
campaign of that already on his hands; and all the world sees it is
not for want of will, that he puts up with the daily known advantages
afforded us by his neighbors. They, however, we have reason to
believe, will not begin the quarrel as long as they can avoid it, nor
give us any open assistance of ships or troops. Indeed, we are scarce
allowed to know that they give us any aids at all, but are left to
imagine, if we please, that the cannon, arms, &c. which we have
received and sent, are the effects of private benevolence and
generosity. We have, nevertheless, the strongest reasons to confide,
that the same generosity will continue; and it leaves America the
glory of working out her deliverance by her own virtue and bravery, on
which, with God's blessing, we advise you chiefly to depend.
You will see by the papers, and a letter of intelligence from London,
that the continuance of the war is warmly condemned in Parliament, by
their wisest and best men in the debates on the Speech; but the old
corrupt majority continues to vote, as usual, with the Ministers. In
order to lessen their credit for the new loans, we have caused the
paper, which we formerly mentioned, to be translated and printed in
French and Dutch, by our agent in Holland. When it began to have a run
there, the Government forbad the further publication, but the
prohibition occasions it to be more sought after, read, and talked of.
The monument for General Montgomery is finished, and gone to Havre, in
nine cases, to lie for a conveyance. It is plain, but elegant, being
done by one of the best artists here, who complains that the three
hundred guineas allowed him is too little; and we are obliged to pay
the additional charges of package, &c. We see, in the papers, that you
have voted other monuments, but we have received no orders relating to
them.
The Raleigh and Alfred will be well fitted and furnished with every
thing they wanted, the Congress' part of the produce of their prizes
being nearly equal to their demands. Be pleased to present our dutiful
respects to the Congress, and assure them of our most faithful
services.
We have the honor to be, &c.
B. FRANKLIN,
SILAS DEANE,
ARTHUR LEE.
York, 1st December, 1777.
Gentlemen,
As we wish the subject of this letter to be well attended to and
understood, we shall confine ourselves entirely to the business of
such French gentlemen as have returned without getting employment in
North America, and particularly those of Mons. Du Coudray's corps.
Whatever may be the clamor excited by discontent, we think that a
candid consideration of our circumstances, and what Congress have
really done, will fully justify them in the eyes of reasonable men. We
will observe, in the first place, that of all those who have returned,
not one came here at the request of Congress; that they have cost the
States a very large sum of money, and that the circumstances of
affairs would not permit any benefit to be drawn from them here.
It was necessary, previous to the opening of the campaign, that the
affairs of the army should be arranged, officers appointed, and every
thing systematically made ready for the serious business that was
approaching. At this time, it was not known by Congress or the
Commander in Chief, that such a character as Mons. Coudray (under such
agreements as he brought over with him) was to visit us. The best that
could be done was therefore undertaken, and General Knox, the father
of the American artillery, was appointed to that command, and all the
other divisions of the army were filled with Major Generals. In this
state of things arrived General Du Coudray, with an agreement by which
he was to command the artillery, and the greatest part of the Major
Generals of the army, by being of older commission. A plentiful crop
of resignations began presently to sprout up, and the whole army must
have been deranged and thrown into confusion, just in the opening of a
campaign, or this agreement not accorded to in the whole.
But Mons. Du Coudray would have every thing or nothing. An inflexible
ambition, that paid no regard to the situation and circumstances of
the army, would be gratified. This produced a scene of contention,
which was not ended when the unfortunate General was drowned in the
Schuylkill, going to join the army. Immediately on his death, the rest
of his corps would return to France, and in this disposition Congress
endeavored to render things as agreeable to them as possible, having
some regard to the interest of the public which they serve. It is very
true, that a concurrence of causes, such as the removal from
Philadelphia, the time that elapsed before business was gone regularly
into again, and the multiplicity of public affairs, did occasion some
delay in settling with these gentlemen; but this was a loss to the
community more than to them, because their pay was continued to the
last. And you will see by the papers enclosed, that ample allowances
have been made for their expenses to the shipping port, for passage to
France, and travel to Paris.
It has been already observed, that Mons. Du Coudray's desire could not
be complied with, without producing very injurious consequences. All
the other officers were offered admittance into the army, according to
the ranks stipulated for with Mr S. Deane; but to avoid certain
murmurs and discontent, by difference of pay in the army, they were
offered the pay and rations of continental officers of similar rank.
This they rejected; and when the mischief of a difference of pay was
removed by their determination to return to France, they were paid
their livres complete, with all their gratifications as agreed for,
their expenses and passages being also fully satisfied. Upon the
whole, we beg leave to refer you to the enclosed papers for more
minute information in this business, where we think you will find
documents sufficient to convince unprejudiced and reasonable men,
that Congress have done all they could, or ought in duty to the public
to have done, for the entire satisfaction of these gentlemen. And we
hope you will be enabled thereby to obviate any ill impressions, which
may be attempted to be made by some of these officers; we say by some,
because we believe the more reasonable among them are satisfied.
We have the honor to be, &c.
R. H. LEE,
J. LOVELL.
York, 2d December, 1777.
Gentlemen,
Since ours, of October the 31st, the enemy have by repeated efforts at
last overcome our defences on the Delaware below Philadelphia, and we
hear they have got up some vessels to the city. But we incline to
think they will yet be interrupted much in their operations on the
river, by the chevaux de frize and the cold weather. We are just
informed by General Gates, that the garrisons of Ticonderoga and Mount
Independence have destroyed the works and the buildings, and
precipitately retreated across Lake Champlain to Isle aux Noix and St
Johns, taking with them only the brass artillery, powder, and
provisions. The heavy stores they threw into the lake.
If the campaign should close at this period, (and if it does, it will
be for want of clothes and blankets, for both of which we are in great
distress, having received very few) the enemy will have little to
boast of. They began it with two armies, one of which has been
repeatedly beaten, and at length compelled to lay down its arms and
surrender on terms. The other, after various chances, in which fortune
more than any thing else has been its protection, has at length
possessed itself of Philadelphia. We say fortune has protected the
army of General Howe, and we have good reason for saying so, when the
fact is, that at the battle of Germantown the enemy were actually
defeated,[46] and accident alone prevented a total and irreparable
overthrow. It would have been otherwise had our young troops possessed
that calmness of discipline and self recollection, which is habitual
to veteran armies. The acquisition of Philadelphia, which Mr Howe
holds at present by a very precarious tenure, cannot have cost him in
the whole fewer than four thousand men, since they landed at the head
of Elk; and we know they have lost two ships of war before Fort
Mifflin, one a sixtyfour gun ship, the other a frigate.
General Washington's army, about eighteen thousand strong, is now
about fourteen miles from Philadelphia, and the enemy have fortified
themselves in the best manner they can, in and near the city, by
double lines from Delaware to Schuylkill, across the common. The
manœuvres about New York exhibit proofs of apprehension for the
safety of that place, because the enemy have evacuated and destroyed
their post at Fort Independence above King's Bridge, and have drawn in
all their outposts to concentrate their strength, and secure, if they
can, their hold of the city of New York. We hope before the opening
of the next campaign, to put Hudson's River into a state inaccessible
to the enemy's ships of war, and thereby to render their enterprises
on that quarter extremely difficult and dangerous to them.
We have now given you an exact account of our military situation. With
respect to our civil state, we would acquaint you that Congress have
passed the confederation, and sent it to the different States, with
strong recommendations to give it speedy consideration and return.
Extensive taxation is also recommended, and seems to be universally
adopting. You will readily imagine, gentlemen, that our extensive
operations have produced great expense, as our inexperience in war has
not furnished us with that systematic economy, which is so necessary
and so well understood by European nations. We shall have emitted
twenty eight millions of dollars by the close of this year, exclusive
of Provincial currency. The quantity is too great, and of course the
quality is injured. The slow operations of taxes will not afford
adequate remedy, and the offer of sterling interest does not fill the
loan offices so quickly, as the necessary expenses call for supply. If
a loan of two millions sterling could be obtained, the high exchange
would enable Congress, by drawing on that fund, to call so large a
quantity of paper presently out of circulation, as to appreciate the
rest, and give time for taxation to work a radical cure. Without this
remedy of the evil, very pernicious consequences may follow ere long.
Our situation is rendered still worse by the impossibility of
supplying such products as America has largely in store, and which are
now greatly wanted in Europe, viz. tobacco, naval stores, rice,
indigo, &c. The great superiority of the enemy's naval fleet makes it
impossible to send those products in any quantity to sea, with a
tolerable prospect of safety. Thus we are prevented from sending you
the five thousand hogsheads of tobacco, which you have contracted for,
and which Congress has directed to be sent; although several thousands
have, for some time past, been purchased for payment of our debts in
France. The good intentions of our friends in that country are almost
entirely frustrated, by the exertions of the whole power of our
enemies by sea, to prevent our sending to, or receiving from Europe,
any thing whatever. A war in Europe would greatly and immediately
change the scene. The maritime force of France and Spain, with the
American cruisers, would quickly lessen the power of Great Britain in
the Western ocean, and make room for the reciprocal benefits of
commerce between us and our friends.
We have not been favored with a line from you since the 25th of May,
which we lament exceedingly, but of which we cannot complain, since we
doubt not but you have written, although we have not been so fortunate
as to receive your letters. We had reason from your promise to expect
a monthly packet, and this expectation prevented us from looking out
so early as we should have done for a vessel or two from ——. We have
heard, with pleasure, by means of Mr Carmichael, through Mr Bingham,
that Mr Lee had successfully accomplished his business at the Court of
Prussia.[47]
We remember that you informed us, the object which carried him to
Berlin was, besides procuring that Prince's acknowledgment of our
independence, obtaining open ports for our commerce, and the liberty
of selling our prizes therein. We hope the interference of that
powerful Prince will effectually prevent Russian or German
auxiliaries, from being sent hither by Great Britain.
As the Marine Committee have already sent some, and will order more,
of the continental ships of war to France under your directions,
permit us to suggest an expedition, which appears likely to benefit us
and distress the enemy. We are informed, that two or three well manned
frigates, despatched early in February, so as to arrive at the Island
of Mauritius in June, being provided with letters of credence, and for
such refreshments, or aid of stores, &c. as may be necessary from the
minister to the French Governor of that Island, may go thence to
cruise on the coast of Coromandel, twenty days sail from the Island of
Mauritius, where they will be in the way to intercept the China ships,
besides distressing the internal trade of India. The prizes may be
sold at Mauritius, and bills of exchange be remitted to you in Paris.
We would observe, that in passing to Mauritius our vessels had better
call at Goree, than at the Cape, to avoid the vigilance and the
apprehensions of the British cruisers. Another beneficial attempt may
be conducted along the coast of Africa. The French and Dutch
settlements, and perhaps the Portuguese, will purchase the prizes and
give bills on Europe.
We think your plan of getting one of the new constructed ships of war,
equal to one of sixty four guns, built for the use of these States in
Europe, is a very good one, and it may be employed to very beneficial
purposes. The heavy iron cannon, which you propose to send, will be
welcome for fortifications and for vessels; and here they cost
abundantly more than you can furnish them for from Europe, besides
the delay in getting them, which frequently distresses us greatly.
And surely your determination to supply us with materials wanted here
for shipbuilding, is very wise, since it is by marine force, that the
most destructive wound may be given to our enemies.
We are directed to point out proper ports into which the stores
mentioned in the resolve of Congress, of November tenth, may be
imported.[48] We are obliged to own, that the port of Charleston South
Carolina, and those to the eastward of Rhode Island, are the only safe
ones. We wish the number of manufacturers in lead and sulphur, had
been limited in that same resolve; but we place full confidence in
your discretion. We shall be glad to receive from you by the first
opportunity, a plan of the militia of Switzerland.
We close with a desire, that you will be pleased to attend to the
several matters contained in our former letters, copies of which do
not happen to be at hand.
We are, with much esteem, &c.
R. H. LEE,
J. LOVELL.
Paris, 18th December, 1777.
Gentlemen,
Since our last, of November 30th, a copy of which is herewith sent
you, we received your despatches of October 6th, from Yorktown. They
came to us by a packet from Boston, which brought the great news of
Burgoyne's defeat and surrender; news that apparently occasioned as
much general joy in France, as if it had been a victory of their own
troops over their own enemies, such is the universal, warm, and
sincere good will and attachment to us and our cause in this nation.
We took the opportunity of pressing the ministry, by a short memorial,
to the conclusion of our proposed treaty, which had so long been under
their consideration, and been from time to time postponed. A meeting
was had accordingly, on Friday the 12th instant, in which some
difficulties were mentioned and removed, some explications asked and
given, to satisfaction. As the concurrence of Spain is necessary, we
were told that a courier should be despatched the next day to obtain
it, which we are since assured was done, and in three weeks from the
time the answer was expected.
On signifying to the ministry the importance it might be of, at this
juncture, when probably Britain would be making some propositions of
accommodation, that the Congress should be informed explicitly what
might be expected from France and Spain, M. Gerard, one of the
secretaries, came yesterday to inform us, by order of the king, that
after long and full consideration of our affairs and propositions, in
council, it was decided, and his majesty was determined to acknowledge
our independence, and make a treaty with us of amity and commerce;
that in this treaty no advantage would be taken of our present
situation, to obtain terms from us, which otherwise would not be
convenient for us to agree to; his majesty desiring that the treaty,
once made, should be durable, and our amity subsist forever; which
could not be expected, if each nation did not find its interest in the
continuance, as well as in the commencement of it. It was therefore
his intention, that the terms of the treaty should be such as we might
be willing to agree to, if our State had been long since established,
and in the fulness of strength and power, and such as we shall approve
of when that time shall come. That his majesty was fixed in his
determination, not only to acknowledge, but to support, our
independence, by every means in his power. That in doing this, he
might, probably, soon be engaged in a war, with all the expenses,
risks, and damages, usually attending it, yet he should not expect any
compensation from us on that account, nor pretend that he acted wholly
for our sakes; since, besides his real good will to us and our cause,
it was manifestly the interest of France, that the power of England
should be diminished by our separation from it. He should, moreover,
not so much as insist, that if he engaged in a war with England on our
account, we should not make a separate peace; he would have us be at
full liberty to make a peace for ourselves, whenever good and
advantageous terms were offered to us. The only condition he should
require and rely on would be this, that we, in no peace to be made
with England, should give up our independence, and return to the
obedience of that government. That as soon as the courier returned
from Spain, with the concurrence expected, the affair would be
proceeded in and concluded; and of this we might give the Congress the
strongest assurances in our despatches, only cautioning them to keep
the whole, for the present, a dead secret, as Spain had three reasons
for not immediately declaring; her money fleet not yet come home; her
Brazil army and fleet the same; and her peace with Portugal not yet
quite completed; but these obstacles would, probably, soon be removed.
We answered, that in what had been communicated to us we perceived,
and admired equally the king's magnanimity and his wisdom; that he
would find us faithful and firm allies, and we wished, with his
majesty, that the amity between the two nations might be eternal. And,
mentioning that republics were usually steady in their engagements,
for instance, the Swiss cantons, the Secretary remarked, that France
had been as steady with regard to them, two hundred years having
passed since their first alliance for fifty years had commenced, which
had been renewed from time to time; and such had been her uniform good
faith toward them, that, as it appeared in the last renewal, the
Protestant cantons were free from their ancient prejudices and
suspicions, and joined readily with the rest in the league of which we
herewith send you a copy.
It is sometime since we obtained a promise of an additional aid of
three million of livres, which we shall receive in January. Spain, we
are told, will give an equal sum; but finding it inconvenient to
remit it here, she purposes sending it from the Havanna, in specie, to
the Congress. What we receive here will help to get us out of debt.
Our vessels laden with supplies have, by various means, been delayed,
particularly by fear of falling into the hands of the British cruising
ships, which swarm in the bay and channel. At length, it is resolved
that they shall sail together, as they are all provided for defence,
and we have obtained a king's ship to convoy them out of the channel,
and we hope quite to America. They will carry, we think, to the amount
of seventy thousand pounds sterling, and sail in a few days.
Also, in consideration of the late frequent losses of our despatches,
and the importance of the present, we have applied for, and obtained a
frigate to carry them.
These extraordinary favors, of a nature provoking to Great Britain,
are marks of the sincerity of this Court, and seem to demand the
thanks of the Congress. We have accepted five bills, drawn on us by
the President, in favor of some returned officers, and shall pay them
punctually. But, as we receive no remittances for our support, and the
cargo in the Amphitrite is claimed from us by M. Beaumarchais, and we
are not certain that we can keep it, we hope Congress will be sparing
in their drafts, except for the interest mentioned in our former
letters, of which we now repeat the assurances of payment; otherwise,
we may be much embarrassed, and our situation rendered very
uncomfortable.
It is said, the French Ambassador at London has desired to be
recalled, being affronted there, where the late news from America has
created a violent ferment. There is also a talk here of Lord
Stormont's recall. The stocks in England fall fast, and, on both
sides, there is every appearance of an approaching war. Being
informed, by the concurring reports of many who had escaped, that our
people, prisoners in England, are treated with great inhumanity, we
have written a letter of expostulation on that subject to Lord North,
which is sent over by a person express, whom we have instructed to
visit the prisoners, and, (under the directions of Mr Hartley) to
relieve as much as may be the most necessitous. We shall hereafter
acquaint you with the result.
The expenses we are put to by those who get to us are very
considerable. The supplies now going out from hence, and what we have
sent, and are sending from Spain, though far short of your orders,
(which we have executed as far as we are able) will, we hope, with
private adventures encouraged by us and others, put you into pretty
good circumstances as to clothing, arms, &c. if they arrive, and we
shall continue to send, as ability and opportunity may permit.
Please to present our duty to the Congress, and believe us, with
sincere esteem, &c.
B. FRANKLIN,
SILAS DEANE,
ARTHUR LEE.
York, 12th January, 1778.
Gentlemen,
Not having received any letters from you since the 26th of May, we
were severely chagrined yesterday, upon the arrival of Captain John
Folger, who, under the name of despatches from the Commissioners at
Paris, delivered only an enclosure of clean paper, with some familiar
letters, none of which contained any political intelligence. You will
see, by the within examination of Folger, that he was by no means a
discreet person, fit to have the charge of what you trusted to him;
but we cannot yet prove that he was wilfully connected with the
robbers of the packet. The paper referred to by the letter A, in the
examination, was a plain cover to plain paper, which had been put in
the place of an enclosure, probably very interesting, sent with the
public ledgers to R. H. Lee.
We shall endeavor to find whether the roguery was committed after
Folger left France; but we must depend upon you to trace the
circumstances from the time of your sealing, till that of his
embarking.
Congress have sent to Governor Caswell to explain the part he is said
to have taken in the affair, and to examine the Ship-Captain and the
two passengers. Should the Governor confirm Folger's narrative, so as
to make his veracity less problematical than at present, his
confinement may be rendered easier to him, but he must not be quite
discharged till we hear from you. There ought to be the greatest
caution used with regard to the characters of all those persons, who
are confidentially employed by you. The connexion which Folger has had
since he left America with persons in England, and on the voyage to
Falkland's Isles, cannot be thought favorable to our interest, if his
own family and native place are so. We shall only add on this subject,
that Folger, upon recollection, asserts, that the largest packet
delivered to him at Havre de Grace was directed, "Despatches for
Captain Folger," and he laments that he did not himself open it
before he sailed. If this circumstance is true, it accounts for
Governor Caswell's opening the packet.
We are, with much regard, &c.
J. WITHERSPOON,
J. LOVELL.
Paris, 16th January, 1778.
Sir,
As it is not in our power to procure you such a ship as you expected,
we advise you, after equipping the Ranger in the best manner for the
cruise you propose, that you proceed with her in the manner you shall
judge best for distressing the enemies of the United States by sea, or
otherwise, consistent with the laws of war and the terms of your
Commission. If you take prizes on the coast of France or Spain, send
them into Bilboa, or Corogne, unless you should apprehend the danger
too great, in which case we advise you to send them either into
L'Orient or Bordeaux, directing the officers, who may have them in
charge, to apply at L'Orient to M. Moylan, or M. Goulade, and at
Bordeaux to Messrs Samuel & T. H. Delap, and inform us immediately of
their arrival and situation. If you send to Spain, or should put into
the ports of that kingdom, apply at Bilboa to Messrs Gardoqui & Sons;
at Corogne to Messrs Leagonere & Co.
If you make an attempt on the coast of Great Britain, we advise you
not to return immediately into the ports of France, unless forced by
stress of weather, or the pursuit of the enemy, and in such case you
must make the proper representation to the officers of the port, and
acquaint us with your situation. We rely on your ability, as well as
your zeal to serve the United States, and therefore do not give
particular instructions as to your operations. We must caution you
against giving any cause of complaint to the subjects of France, or
Spain, or of other neutral powers, and recommend it to you to show
them every mark of respect and real civility, which may be in your
power.
You will communicate to your officers and seamen the encouragement we
have given them, and explain to them, that though it was not in our
power to be particular as to the rewards they should be entitled to,
yet they may safely rely on the justice of the Congress. Before you
sail, it will be proper to settle with Mr Williams the account of your
disbursements, and send the account up to us.
We most sincerely wish you success, and are, with much esteem, Sir,
your most obedient and very humble servants.
B. FRANKLIN,
SILAS DEANE.
York, 21st January, 1778.
Gentlemen,
We mean in this letter to give you a succinct view of the state of our
military affairs. You must, long before this reaches you, have been
made acquainted with the signal success of the American arms in the
northern department, particularly the several engagements in that
quarter previous to the surrender of General Burgoyne and his whole
army to General Gates. Since that time, Ticonderoga and Mount
Independence have been evacuated by the enemy, so that the whole of
that department is now in our possession. The Indians are perfectly
quiet, and we have lately received intelligence, that those formerly
in the interest of our enemies incline to our side, as also, that the
inhabitants of Canada, where the enemy have but small force, are in
general much disposed to favor us. General Burgoyne and his troops are
now near Boston; and on account of several very exceptionable parts of
his conduct, Congress have resolved, that he shall not be suffered to
depart, till the convention of Saratoga is ratified by the Court of
London.
A part of the enemy's army is still in possession of Newport, in Rhode
Island. An expedition intended to dispossess them of that place, on
account of some mistakes and neglect of those who were to make the
proper preparations for it, was obliged to be laid aside, but we
expect it will sometime hence be resumed.
As to the armies in this State, General Howe is still in Philadelphia,
but possesses no part of the country round it. General Washington's
army is in huts to the westward of Schuylkill, refreshing and
recruiting during the winter; and it is in contemplation to call in a
number of militia to attempt to expel Howe before he can be reinforced
in the spring. A part of our army is stationed at Wilmington, and
they, with the militia on both sides of the river, have been very
successful in taking several of the enemy's vessels since the winter
set in. A committee of Congress is just going off to the army, to
assist in regulating it for the next campaign, and to concert measures
for the most early and vigorous operations.
Copies of newspapers, and the proceedings of Congress relating to the
convention of Saratoga, are sent to you by this conveyance, besides
which, we hope you will have the advantage of information from Mr
Adams in person.
We are, with much regard, &c.
J. WITHERSPOON,
J. LOVELL.
Passy, 8th February, 1778.
Sir,
We have now the great satisfaction of acquainting you and the
Congress, that the treaties with France are at length completed and
signed. The first is a treaty of amity and commerce, much on the plan
of that projected in Congress;[49] the other is a treaty of alliance,
in which it is stipulated, that in case England declares war against
France, or occasions a war by attempts to hinder her commerce with us,
we should then make common cause of it, and join our forces, and
councils, &c. The great aim of this treaty is declared to be to
"establish the liberty, sovereignty, and independency, absolute and
unlimited, of the United States, as well in matters of government as
commerce;" and this is guarantied to us by France, together with all
the countries we possess, or shall possess at the conclusion of the
war; in return for which the States guaranty to France, all its
possessions in America. We do not now add more particulars, as you
will soon have the whole by a safer conveyance, a frigate being
appointed to carry our despatches. We only observe to you, and with
pleasure, that we have found throughout this business, the greatest
cordiality in this Court; and that no advantage has been taken, or
attempted to be taken of our present difficulties, to obtain hard
terms from us; but such has been the King's magnanimity and goodness,
that he has proposed none which we might not readily have agreed to in
a state of full prosperity and established power. The principle laid
down as the basis of the treaty, being as declared in the preamble,
"the most perfect equality and reciprocity," the privileges in trade,
&c. are mutual, and none are given to France, but what we are at
liberty to grant to any other nation.
On the whole, we have abundant reason to be satisfied with the good
will of this Court, and of the nation in general, which we therefore
hope will be cultivated by the Congress, by every means which may
establish the Union, and render it permanent. Spain being slow, there
is a separate and secret clause, by which she is to be received into
the alliance, upon requisition, and there is no doubt of the event.
When we mention the good will of this nation to our cause, we may add
that of all Europe, which having been offended by the pride and
insolence of Britain, wishes to see its power diminished; and all who
have received injuries from her, are, by one of the articles, to be
invited into our alliance. The preparations for war are carried on
with immense activity, and it is soon expected.
With our hearty congratulations, and our duty to the Congress, we have
the honor to be very respectfully, &c.
B. FRANKLIN,
SILAS DEANE.
Passy, February 16th, 1778.
Gentlemen,
We have now the pleasure of sending you the treaties of amity and
alliance, which France completed after long deliberation, and signed
the 6th instant. This is an event, which will give our States such an
appearance of stability, as must strengthen our credit, encourage
other powers in Europe to ally themselves with us, weaken the hopes of
our internal as well as our external enemies, fortify our friends, and
be in many other respects so advantageous to us, that we congratulate
you upon it most heartily. And we flatter ourselves, that the Congress
will approve of the terms, and despatch the ratifications as soon as
possible.
It is understood that Spain is shortly to accede to the same treaties.
We have in ours of December 18th, mentioned the reasons of her delay,
which still subsist, but will probably not subsist much longer. These
treaties continue a secret here, and may do so till the commencement
of the war, which is daily expected. Our little fleet formerly
mentioned, which has been long watched and detained in Nantes' river,
by the English cruising off Belisle, is now on the point of sailing
under the convoy of a French squadron. As the English are pretty
strong in the Bay, it is probable that their attack, and the French
defence of our ships, may be the prelude of a Declaration on both
sides.
Having received part of the 3,000,000 livres we formerly mentioned to
you, we have furnished Mr W. Lee, and Mr Izard with 2,000 guineas each
for the expenses of the missions to Germany and Italy. And as we have
received intimations from Holland, that the appearance of one of us
there might at this juncture have good effects, we have resumed the
purpose formerly communicated to you, and as soon as our treaty with
France is known, and the winter over, probably either Mr Deane or Mr
Franklin will make a journey thither.
But as we apprehend it may be known here, by some means or other,
should we furnish the expense of these embassies out of the aids
received from this Court, which we think not reputable to the
Congress, we must again press you to make us the necessary remittances
to replace what we have borrowed from the fund destined for your
supplies. And particularly we pray more earnestly, that you would
forward as soon as possible the 5,000 hhds of tobacco for the
Farmers-General, who will soon be in want of it, and who long since
advanced us a million for your use. Our honor is concerned in the
fulfilment of this contract.
The seizing and delivering up to the English two prizes taken by
Captain Babson, on account of their being illegally entered under a
false declaration, made a good deal of noise among our people in the
ports, and gave unfavorable impressions of the friendship of this
Court, which possibly may extend to America. We think it therefore
necessary to inform you, that though the confiscation of these prizes
on the above account, is said to be agreeable to the laws here, yet
the king, after a condemnation, had the power of disposing of the
produce, for what purpose, political or otherwise, he might think
proper, and accordingly restored it at this juncture, perhaps
usefully, to the English claimants. Yet as it is thought a hard case
with respect to the captors, a beginning is made of indemnification,
and we hope on the same principle on which we are to receive soon a
part, 50,000, we shall be able in time to recover the whole.
We have, to avoid disputes at a particular time, delivered up the
cargo brought by the Amphitrite to M. Beaumarchais. We hear he has
sent over a person to demand a great sum of you on account of arms,
ammunition, &c. We think it will be best for you to leave the demand
to be settled by us here, as there is a mixture in it of public and
private concern, which you cannot so well develop.
We send you herewith a great many newspapers; you will see Lord
North's only answer to our application about the prisoners; as also
the success of a subscription set on foot in England by our friends
for their relief. They are at present pretty comfortably provided for.
By our late advices from England, the ministers began to be alarmed
for their country and perhaps for themselves. Some of their emissaries
have been here to sound us, and endeavor to get from some of us
propositions on which to found a treaty; which we evaded generally, as
not being empowered to make any; and apprehending withal, that even
reasonable ones, proposed by us, might be used improperly by the
ministry to exasperate, instead of conciliating the pride of the
nation, choosing still to consider us as subjects. Many of the
speakers in parliament of both Houses seem to look upon a French war
at this juncture, when so much of their force is abroad, and their
public credit so shaken, as immediate ruin. And we are assured by the
last post, from good authority, that even Lord Mansfield, who in the
beginning of this business was so valiant, spoke lately in private to
Lord Camden of the absolute necessity of an immediate coalition of
parties, to prevent the great impending danger to the nation, from an
alliance between the House of Bourbon and the Americans, which he
said he had good information was on the point of being concluded.
We have the honor of being, with the highest esteem, Gentlemen, your
most obedient humble servants.
B. FRANKLIN,
SILAS DEANE,
ARTHUR LEE.
Passy, 28th February, 1778.
Gentlemen,
Our despatches of December 18th, which would have acquainted you with
the state of our affairs here, and our expectations of a speedy
conclusion of the treaties with this Court, are unfortunately
returned; the French man of war, which went on purpose to carry them,
having met with some disasters at sea, which obliged her to put back,
after a long struggle of six weeks against contrary winds. We now have
obtained another ship to sail with them immediately, and with our
fresh despatches, containing the treaties themselves, which were
happily concluded and signed the 6th instant, though hitherto, for
some political reasons, kept a secret from the public.
The English Parliament adjourned in December for six weeks. During
that time, their ministers strained every nerve to raise men for their
armies, intending to continue the war with vigor. Subscriptions were
set on foot to aid Government in the expense, and they flattered
themselves with being able to enlist ten thousand volunteers; but
whether they found this impracticable, or were discouraged by later
accounts from America, or had some intimations of our treaties here,
their vaunts and threats are suddenly abated, and on the 17th Lord
North made a long discourse, acknowledging the errors of their former
conduct in the war with America, and proposing to obtain peace, by the
means of two bills, of which we enclose copies.
We make no remarks on these bills. The judgment of the Congress can be
at no loss in determining on the conduct necessary to be held with
regard to them. And we are confident, that they will not answer the
purpose of dividing in order to subjugate, for which they are
evidently intended. Our States have now a solid support for their
liberty and independence in their alliance with France, which will be
certainly followed by that of Spain, and the whole House of Bourbon,
and probably by that of Holland, and the other powers of Europe, who
are interested in the freedom of commerce, and in keeping down the
power of Britain. Our people are happy in the enjoyment of their new
constitutions of Government, and will be so in their extended trade
and navigation, unfettered by English arts and Custom-house officers.
They will now never relish the Egyptian bondage, from which they have
so happily escaped. A long peace will probably be the consequence of
their separation from England, as they have no cause of quarrel with
other nations; an immediate war with France and Spain, if they join
again with England, and a share in all her future wars, her debts, and
her crimes. We are, therefore, persuaded that their commissioners will
be soon dismissed, if at all received; for the sooner the decided part
taken by Congress is known in Europe, the more extended and stable
will be their credit, and their conventions with other powers more
easy to make, and more advantageous.
Americans are every where in France treated with respect and every
appearance of affection. We think it would be well to advise our
people in all parts of America, to imitate this conduct with regard to
the French, who may happen to be among us. Every means should be used
to remove ancient prejudices, and cultivate a friendship that must be
so useful to both nations. Some transactions here, during the last
four or five months, in the rigorous observance of treaties, with
regard to the equipments of our armed vessels in the ports, and the
selling of our prizes, have no doubt made ill impressions on the minds
of our seamen and traders, relative to the friendship of this Court.
We were then obliged to observe a secrecy, which prevented our
removing those prejudices, by acquainting our people with the
substantial aids France was privately affording us; and we must
continue in the same situation, till it is thought fit to publish the
treaties. But we can, with pleasure, now acquaint you that we have
obtained full satisfaction, viz. 400,000 livres for the owners of the
prizes confiscated here, for a breach of the laws by a false
declaration, (they being entered as coming from Eustatia) and the
payment will be made to the owners in America. We mean the prizes
taken by Captains Babson and Hendricks, in the Boston and Hancock
privateers, which prizes, after confiscation, were, from reasons of
state, restored to the English. This is a fresh proof of the good will
and generosity of this Court, and their determination to cultivate the
friendship of America.
The preparations for war continue in the ports with the utmost
industry; and troops are marching daily to the sea-coasts, where three
camps are to be formed. As France is determined to protect her
commerce with us, a war is deemed inevitable.
Mr William Lee, we suppose, acquaints you with the decease of Mr
Morris, his colleague in the commercial agency. On our application to
the ministry, an order was obtained to put Mr Lee in possession of his
papers. If that department has been found useful, and likely to
continue so, you will no doubt appoint one or more persons to take
care of the business, as Mr Lee has now another destination. Perhaps
the general commerce, likely to be soon opened between Europe and
America, may render such an appointment unnecessary.
We would just add, for the consideration of Congress, whether
considering the mention of Bermudas in one of the articles, it may not
be well to take possession, with the consent of the inhabitants of
that island, and fortify the same as soon as possible, and also to
reduce some, or all of the English fishing posts in or near
Newfoundland.
We have the honor to be, &c.
B. FRANKLIN,
SILAS DEANE,
ARTHUR LEE.
York, 2d March, 1778.
Sir,
The Committee of Secret Correspondence, which almost a year ago was
denominated the "Committee for Foreign Affairs," stands indebted to
you for many letters, both of interesting advice and ingenious
speculation. Happening to be the only member of that Committee at this
time present in Yorktown, I now take up my pen, not to form apologies
for their long past silence, so much as to make a beginning of the act
of justice due to you. I really fear that the collected ingenuity of
the members will be put to it to offer, for a main excuse, any thing
better than that they relied upon your getting frequent intelligence
of the state of our affairs from the Commercial Committee. In short,
sir, I am so deeply concerned with the gentlemen in this affair, that
I know what they ought to do; and I am so well acquainted with their
just manner of thinking, that I will venture to confess in their name,
that their past omission of corresponding with you, is, in a
considerable measure, unaccountable. It is certainly better to step
forward towards a man of candor, in the straight line of honest
confession, than in the zigzag track of awkward apology.
Your letters, exclusive of their intrinsic merit, have been more
peculiarly acceptable to Congress, from the circumstance of our having
been deprived of the satisfaction of receiving intelligence from the
hands of our Commissioners in Paris since May of last year. Besides
those of their despatches, which have been lost at sea, we know one
has been examined and culled by some perfidious villain, who
substituted plain sheets of paper for the real letters of our friends.
This was probably done in Europe, before the bearer of it, a Captain
John Folger, embarked with it for America.
Your ideas of the policy of the Court of Versailles appear quite just,
from the corroborating testimony of whatever information we can
collect in any way.
The course of Gazettes, which accompany this, will so well communicate
our home affairs, that I shall not enlarge upon them. I will only say,
in brief, that you may rest assured, independence is so absolutely
adopted by America, as to leave no hope for Britain that we shall ever
relinquish our claim. It must, therefore, be only to delude her own
islanders and neighbors, that she pretends to expect the contrary.
In addition to the misfortune which you mention respecting the
Lexington, we are told of a greater, and one which will more
intimately affect you, respecting the Reprisal, which is said to have
foundered on the 1st of October. Your acquaintance with Captain Wickes
will lead you to lament greatly the loss of so valuable an officer and
so worthy a man. I enclose you a list of your letters as they came to
hand, both for your own satisfaction and to command your belief of my
regard for you, as a faithful corresponding agent, and of my
professions of being, Sir, &c.
JAMES LOVELL,
For the Committee of Foreign Affairs.
Translation.
Versailles, March 17th, 1778.
Gentlemen,
I am charged to acquaint you, that you will be presented to the King
next Friday, if you will have the goodness to render yourselves here
at ten o'clock in the morning. Count de Vergennes hopes you will do
him the honor to dine with him on the same day.
I have the honor to be, with high consideration, &c.
GERARD.
York, 24th March, 1778.
Gentlemen,
I cannot consent to omit this opportunity of addressing a few lines to
you, though the state of our military operations affords nothing
material.
The manners of the continent are too much affected by the depreciation
of our currency; scarce an officer, civil or military, but feels
something of a desire to be concerned in mercantile speculation, from
finding that his salary is inadequate to the harpy demands, which are
made upon him for the necessaries of life, and from observing, that
but little skill is necessary to constitute one of the merchants of
these days. We are almost a continental tribe of Jews; but I hope
heaven has not yet discovered such a settled profligacy in us as to
cast us off, even for a year. Backward as we may be at this moment in
our preparations, the enemy is not in a condition to expect more
success in the coming, than in former campaigns. We have the debates
of the British Parliament to December 5th, and perceive that the old
game is playing, called Reconciliation. Depend upon it, they are
duping themselves only.
Yesterday a private letter from Doctor Franklin, dated October 7th,
was presented, containing the only political intelligence which Folger
brought safe with him, viz. "Our affairs, so far as relates to this
country, are every day more promising." This, with a letter from Mr
Barnabus Deane, who tells us his brother apologized for his brevity,
by saying he was "sending an important packet to Congress," is all the
explanation we have of the nature of your despatches, of which we
were robbed. I enclose a list, by which you will see the breaks in our
correspondence. I send a pamphlet which contains, I hope, the general
ideas of America in regard to what Britain may be tempted, foolishly,
to call her successes.
We think it strange, that the Commissioners did not jointly write by
M. de Francy, considering the very important designs of his coming
over, to settle the mode of payment for the past cargoes sent by
Roderique Hortalez & Co. and to make contracts for the future. It is
certain that much eclaircissement is at this late moment wanting. But
I dare not enlarge, for fear of losing this sudden good opportunity.
I therefore close, with assurances of the most affectionate respect,
gentlemen, your very humble servant,
JAMES LOVELL,
For the Committee of Foreign Affairs.
Paris, April 10th, 1778.
Sir,
The within letter to you is so written, that you may show it on
occasion. We send enclosed a proposed draught of a letter to the Grand
Pentionary, but as we are unacquainted with forms, and may not exactly
have hit your idea with regard to the matter and expression, we wish
you would consult with our friends upon it, and return it with the
necessary corrections.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Sir,
We have the honor of acquainting your Excellency, that the United
States of North America, being now an independent power, and
acknowledged as such by this Court, a treaty of amity and commerce is
completed between France and the said United States, of which we shall
speedily send your Excellency a copy, to be communicated, if you think
proper, to their High Mightinesses, for whom the United States have
the greatest respect, and the strongest desire that a good
understanding may be cultivated, and a mutually beneficial commerce
established between the people of the two nations, which, as will be
seen, there is nothing in the above mentioned treaty to prevent or
impede.
We have the honor to be, with great respect, your Excellency's, &c.
Passy, April 10th, 1778.
Sir,
We received your despatch of the 3d instant, and approve very much the
care and pains you constantly take in sending us the best intelligence
of foreign affairs. We have now the pleasure of acquainting you, that
Mr John Adams, a member of Congress, appointed to succeed Mr Deane in
this commission, is safely arrived here. He came over in the Boston, a
frigate of 30 guns, belonging to the United States. In the passage
they met and made prize of a large English letter of marque ship of 14
guns, the Martha, bound to New York, on whose cargo £70,000 sterling
were insured in London. It contains abundance of necessaries for
America, whither she is despatched, and we hope she will get well into
one of our ports.
Mr Adams acquaints us, that it had been moved in Congress to send a
minister to Holland, but that although there was the best disposition
towards that country, and desire to have and maintain a good
understanding with their High Mightinesses, and a free commerce with
their subjects, the measure was respectfully postponed for the
present, till their sentiments on it could be known, from an
apprehension, that possibly their connexions with England might make
the receiving an American minister as yet inconvenient, and (if
Holland should have the same good will towards us) a little
embarrassing. Perhaps, as our independency begins to wear the
appearance of greater stability, since our acknowledged alliance with
France, that difficulty may be lessened. Of this, we wish you to take
the most prudent methods privately to inform yourself. It seems
clearly to be the interest of Holland to share in the rapidly growing
commerce of their young sister republic, and as, in the love of
liberty, and bravery in defence of it, she has been our great example,
we hope circumstances and constitutions, in many respects so similar,
may produce mutual benevolence, and that the unfavorable impressions
made on the minds of some in America, by the rigor with which supplies
of arms and ammunition were refused them in their distress, may soon
be worn off and obliterated by a friendly intercourse and reciprocal
good offices.
When Mr Adams left America, which was about the middle of February,
our affairs were daily improving, our troops well supplied with arms
and provisions, and in good order, and the army of General Burgoyne
being detained for breaches of the capitulation, we had in our hands
above 10,000 prisoners of the enemy.
We are, Sir, your most obedient humble servants,
B. FRANKLIN,
ARTHUR LEE.
Passy, April 13th, 1778.
Sir,
The papers you mention are in the disposition of Mr William Lee, who
is gone to Germany. It is therefore not in our power to comply with
what you desire. Neither are we able to make you any further advances.
We wish you would send us, with all convenient expedition, copies of
the invoices and bills of lading for those goods, which were paid for
with the money we formerly furnished you. We do not think it within
our province to make an entire settlement with you. The money in Mr
Schweighauser's hands, which you say is under the direction and order
of Mr R. Morris, ought to be disposed of according to those orders.
The trade being now free from this country, it seems improper to us to
give the passports you ask.
We are, Sir, your most obedient servants,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
P. S. Mr William Lee is at Frankfort, where a letter from you may
possibly find him, but his stay there is very uncertain.
York, 16th April, 1778.
Sir,
Herewith you have a copy of what I did myself the pleasure of writing
to you, on the 2d of last month; since which time we have received
your favors of January 14th and 26th, February 8th and 21st. Your
draft of £23,554. 9s. 9d. in favor of the Secret (now Commercial)
Committee, has been duly paid. The four first charges in your account
current, like many other sums on similar occasions here, have been
expended to no sort of profit to the Continent; but I hope we have
seen the last of such expenses. Your situation must have been very
disagreeable indeed, in consequence of the failure of remittances from
hence. Large quantities of tobacco have been long stored; but our bays
and coasts are so infested by the enemy's ships of war, that it is
impossible for us to conduct agreeably to our earnest wishes, of
maintaining the best credit in our commercial concerns abroad. It is
probable, that a commercial board, not members of Congress, will be
very soon established; so that the whole time of the conductors may be
spent in exertions for the public benefit, in that branch of
Continental business.
The want of intelligence from our Commissioners at Paris, makes it
improper for us to draw largely on them at present; therefore, you
must content yourself with the economical bounds of the power, which
is given to you by the within resolve of Congress of this day. Be
assured, that all possible attempts will be made for your relief, by
remittances of our produce.
I find it impossible to convey to you anything of a plan of operations
for this campaign. The enemy, having the sea open to them, must have
the lead in military matters; we must oppose, or follow them, just as
they think fit, either to attempt an advance or to retire. It is
hardly probable they will again attack New England without large
reinforcements.
Our correspondent at the Hague is very regular, but his intelligence
is never in season to form the ground of any of our proceedings. We
have packets from him in continuance to the letter Y, December 16th,
though our Commissioners have not been able to convey one safely since
May last. It is strange that they cannot succeed through you. But,
indeed, you appear also to know but little of them.
Mr Deane being wanted here, Mr John Adams sailed the 17th of February,
to take his place at the Court of Versailles. It is probable you will
hear of his arrival before this reaches you. It seems needless to
desire you to give us early notice of that, and other foreign
intelligence. Your usual punctuality needed not the spur of the
information, which I have given you of our present great ignorance of
the situation and transactions of the gentlemen at Paris.
I am, with much regard, your friend and humble servant,
JAMES LOVELL,
For the Committee of Foreign Affairs.
York, 16th April, 1778.
Gentlemen,
This, with my affectionate wishes for your prosperity, may serve to
acquaint you, that Congress has this day resolved, "That William
Bingham, agent for the United States of America, now resident in
Martinique, be authorised to draw Bills of Exchange, at double usance,
on the Commissioners of the United States at Paris, for any sums not
exceeding in the whole one hundred thousand livres tournois, to enable
him to discharge debts by him contracted on account of the said
States, for which draft he is to be accountable." Mr Bingham will
forward the American Gazettes, with this billet of advice, and tell
you why we have enabled him to draw upon you, when we have stores of
produce in magazines for exportation. He will also inform you of our
anxiety to know something of your proceedings and prospects, an
uncommon fatality having attended your despatches ever since the month
of May last.
I am, with much esteem, &c.
JAMES LOVELL,
For the Committee.
Translation.
Versailles, April 26th, 1778.
Sir,
I have received your letter of the 20th instant, accompanied by the
translation of the representations addressed to you by the American
Commissioners, relative to the fears of the merchants of Bordeaux and
Nantes, who have hitherto transacted business with America, and by
the request of the Commissioners, with regard to the protection of
that commerce. For nearly a month, the French coast along the Bay of
Biscay, and a part of that on the channel, have been guarded by twenty
frigates and corvettes distributed in the open sea, as well as along
the entrances of harbors and rivers. Those stationed at the latter
places, take under their protection the French and American ships
which sail from those points, and convoy them beyond the Capes. If
they meet any vessels inward bound, they convoy them to the entrance
of the harbors.
The frigates stationed further out at sea, are employed in chasing
away the Guernsey and Jersey privateers, which are a great
interruption to commerce. The same orders have been issued in the
Colonies, where the frigates there stationed convoy the French and
American vessels from the coasts. The reports made to me assure me,
that these orders are promptly executed, and that the protection is
extended as fully to American as to French vessels. You will agree
with me, that this kind of protection is for the present the only one,
which it is possible to give to commerce; and that convoys to America
would be impracticable under present circumstances, and are always
insecure, and subject to great inconveniences. To protect the coasts,
to assure a free access to the harbors, to remove the privateers, and
afford a convoy beyond the Capes; these aids commerce requires, and
has a right to expect, and they have long since been provided by the
orders of his Majesty. The Commissioners cannot reasonably complain
when in this respect the American vessels are on an equal footing with
those of his Majesty's subjects.
I have the honor to be, &c.
DE SARTINE.
York, 26th April, 1778.
Sir,
Herewith you have in triplicate and copy of my former letters. I now
send you the proceedings of Congress upon an appearance of the
draughts of two bills, said to have been read to the British
Parliament. Since Congress took notice of them, Governor Tryon has
sent out from New York copies of them, with greater marks of
authenticity than those bore which first came to hand. He certifies,
that he "has his Majesty's command to cause them to be printed and
dispersed, that the people at large may be acquainted with the
contents, and of the favorable disposition of Great Britain towards
the American Colonies." I will not attempt to lead your judgment upon
these proceedings of our enemies. I will only add one anecdote of
their late conduct, nearly allied to that of counterfeiting our
Continental currency. They have published, in all our forms, a forged
Resolve of Congress, purporting a consignment of power to General
Washington, to detain in his army, during the war, all militia men
who have enlisted or been draughted for nine months or a year; and to
treat as deserters such as attempt to leave him at the expiration of
their present agreement. Perhaps you will see this properly
stigmatized in some of our eastern papers conveyed in the vessel,
which may carry this assurance of my being, with much regard, sir,
your friend and humble servant,
JAMES LOVELL,
For the Committee.
York, 30th April, 1778.
Gentlemen,
By the Gazettes, which accompany this letter, you will see, that the
enemy are entering upon a plan, which must shortly perplex us much,
unless we receive despatches from you, to enlighten us as to your
situation and transactions, of which we have had no information since
the latter end of May. As we have heard of the loss of Captain
Johnston and Captain Wickes, and know that John Folger was robbed, we
cannot charge our present want of letters to negligence in you; but we
think you should not rest satisfied without sending triplicates of all
your despatches. The Commercial Committee will transmit to you the
contract, which they have entered into with the agent of the house of
Roderique Hortalez & Co. the heads of which contract happening to be
at hand are enclosed.
We have read a letter written by a friend, dated House of Commons,
February 13th, in which we are told, that you had concluded a treaty
with France and Spain, which was on the water towards us. Imagine how
solicitous we are to know the truth of this, before we receive any
proposals from Britain, in consequence of the scheme in Lord North's
speech, and the two draughts of bills now sent to you. The state of
our foreign connexions is a subject now before Congress; and, dubious
as we are about your transactions, some resolutions will probably be
formed to be transmitted to you by a special conveyance shortly, when
a general account of our affairs will also be sent. We have little
uneasiness about the strength of our enemy. Our currency must be
supported in due credit, after which we may bid defiance to Britain,
and all her German hirelings. We wish every advice and assistance from
you for the support of such credit.
I am, with great regard, &c.
JAMES LOVELL,
For the Committee of Foreign Affairs.
Yorktown, 14th May, 1778.
Sir,
Your several favors, down to the letter Y, had come to our hand before
the 2d instant, on which day we received despatches from our
Commissioners in France, after an interruption of eleven months.
Judge, therefore, sir, how very agreeable your letters must have been
to us, though you wrote but briefly, always supposing that we received
more full accounts of European politics from our friends at Paris.
We observe, with great pleasure, that the States of Holland are
discovering a proper spirit in the conduct of their commerce, by
granting convoys, in consequence of the insolent behavior of their
British neighbors. The magnanimous conduct of His Most Christian
Majesty must have great influence upon all around him. We doubt not of
your hearty congratulations upon the success of our cause, which you
so early and warmly espoused, and which you have aided with such
judgment and resolution by your pen. We shall write particularly to
the gentlemen at Paris, respecting the injuries you have received from
our enemies, and shall instruct them to pay the strictest attention
to our engagements made to you at the commencement of our
correspondence.
We must refer you to the prints now sent and to our Commissioners, for
the general state of our affairs, only remarking here, that we were
actuated in our proceedings on the 22d of April entirely by the
uniform spirit, which we have maintained ever since the 4th of July,
1776, being not then acquainted with the favorable state of our cause
in France, as an uncommon fatality had attended the letters of our
friends for nearly a whole year, before the arrival of their present
important packet.
We are, with much esteem, &c.
RICHARD MORRIS,
RICHARD H. LEE,
JAMES LOVELL.
York, 14th May, 1778.
Sir,
At length, on the 2d instant, we received despatches from our
Commissioners at Paris, with treaties of alliance and commerce,
concluded on the 6th of February between France and these United
States. They were ratified here on the 4th of this month, and the
prints herewith sent to you will show the principles upon which they
are founded. We are persuaded you will greatly partake of the
satisfaction, which we feel on this occasion.
We do not find by the letters, which we have received, that Congress
may venture to enlarge the power that was given to you by the resolve
of April 16th.[50] But it becomes less necessary that you should be
furnished in that way, as commerce will, in all human probability, be
more easily carried on between this continent and your islands now,
than for some time past.
Great hurry of business must be an excuse for our brevity at this
time, though it would not warrant an omission of sending you our
congratulations and the Gazettes.
We are, with much regard, &c.
ROBERT MORRIS,
RICHARD HENRY LEE,
JAMES LOVELL.
York, 14th May, 1778.
Gentlemen,
Our affairs have now a universally good appearance. Every thing at
home and abroad seems verging towards a happy and permanent period. We
are preparing for either war or peace. For although we are fully
persuaded, that our enemies are wearied, beaten, and in despair, yet
we shall not presume too much on that persuasion, and the rather,
because it is our fixed determination to admit no terms of peace, but
such as are fully in character with the dignity of independent States,
and consistent with the spirit and intention of our alliances on the
continent of Europe. We believe, and with great reason too, that the
honor and fortitude of America have been rendered suspicious in
Europe, by the arts, intrigue, and specious misrepresentations of our
enemies there. Every proceeding and policy of ours have been tortured,
to give some possible coloring to their assertions of a doubtful
disposition in America, as to her perseverance in maintaining her
independency, and perhaps the speeches of many of the minority of both
Houses in the English Parliament, who seem to persist in the
probability of a reconciliation, may have contributed towards a
continuance of that suspicion. But we, at this particular time, feel
ourselves exceedingly happy in a proof, from the accidental
arrangement of circumstances, such as we could neither foresee nor
alter, that the disposition of America on that head was fixed and
final. For this proof we desire your attention to what follows.
The English Ministry appear to have been very industrious in getting
over to America, as soon as possible, their two conciliatory bills,
even before they had been once read; the reason of which haste we did
not then see; but the arrival of your despatches since, with the
treaties, has unriddled that affair. General Howe was equally
industrious, in circulating them by his emissaries through the
country, and likewise sent them under a flag to General Washington,
who immediately despatched them to Congress on the —— of April. They were
in themselves truly unworthy of the attention of that public body; but
lest the silence of Congress should be misunderstood, or furnish the
enemy with new ground for false insinuation, they were referred to a
committee, whose judicious and spirited report thereon was unanimously
approved in the House on the 22d, then published and circulated
through the several States with all possible expedition. The
despatches, in charge of Mr Simeon Deane, did not arrive till the 2d
of May, ten days after the said reports were published; and his
expedition in bringing his papers to Congress prevented any
intelligence from arriving before him. Enclosed are the reports
referred to, which we recommend to your attention to make as public as
possible in Europe, prefacing them with such an explanatory detail of
the before mentioned circumstances, as shall have a tendency to place
the politics of America on the firm basis of national honor,
integrity, and fortitude.
We admire the wisdom and true dignity of the Court of France, on their
part of the construction and ratification of the treaties between us.
They have a powerful tendency to dissolve effectually that narrowness
of mind, which mankind have been too unhappily bred up in. Those
treaties discover the politician founded on the philosopher, and a
harmony of affections made the groundwork of mutual interest. France
has won us more powerfully than any reserved treaties could possibly
bind us, and by one generous and noble act has sown the seeds of an
eternal friendship.
It is from an anxiety to preserve inviolate this cordial union, so
happily begun, that we desire your particular attention to the 11th
and 12th articles of the treaty of amity and commerce. The unreserved
confidence of Congress in the good disposition of the Court of France,
will sufficiently appear, from their having unanimously first ratified
those treaties, and then trusted any alteration, which may be proper
to be made, to after mutual negotiations. We are apprehensive, that
the general and undefined line of the 12th article may in future be
misunderstood, or rendered inconvenient or impracticable, and so
become detrimental to that good friendship, which we wish ever to
subsist. To prevent this, you will herewith receive instruction and
authority for giving up, on our part, the whole of the 11th article,
proposing to the Court of France the rescinding, on their part, of the
whole of the 12th article, those two being intended as reciprocal
balances to each other.
It is exceedingly disagreeable to Congress, to find there has been
misconduct in any of the commanders of armed vessels under the
American flag. Every authentic information of that kind will be
strictly attended to, and every means be taken to punish the offenders
and make reparation to the sufferers. The chief consolation we find in
this unpleasing business is, that the most experienced States have not
been able to restrain the vices and irregularities of individuals
altogether. Congress has published a proclamation for the more
effectually suppressing and punishing such malpractices. But we are
rather inclined to hope, that as the line of connexion and friendship
is now clearly marked, and the minds of the seamen thereby relieved
from that inexplicable mystery respecting their real prizes, which
before embarrassed them, such irregularities will be less frequent, or
totally cease, to which end the magnificent generosity of the King of
France to the owners of the prizes, which for reasons of State had
been given up, will happily contribute.
We are, Gentlemen, your very humble servants,
R. H. LEE,
JAMES LOVELL.
Passy, May 14th, 1778.
Sir,
In the several cruises made by Captains Wickes, Johnston, Cunningham,
and others of our armed vessels, on the coast of Great Britain, it is
computed that between four and five hundred prisoners have been made
and set at liberty, either on their landing in France, or at sea,
because it was understood, that we could not keep them confined in
France. When Captain Wickes brought in at one time near a hundred, we
proposed to Lord Stormont an exchange for as many of ours confined in
England; but all treaty on the subject was rudely refused, and our
people are still detained there, notwithstanding the liberal
discharges made of theirs, as above mentioned. We hear that Captain
Jones has now brought into Brest near two hundred, whom we should be
glad to exchange for our seamen, who might be of use in expeditions
from hence; but as an opinion prevails, that prisoners of a nation
with which France is not at war, and brought into France by another
power, cannot be retained by the captors, but are free as soon as they
arrive, we are apprehensive, that these prisoners may also be set at
liberty, return to England, and serve to man a frigate against us,
while our brave seamen, with a number of our friends of this nation,
whom we are anxious to set free, continue useless and languishing in
their gaols.
In a treatise of one of your law writers, entitled Traités des Prises
qui se font sur Mer, printed 1763, we find the above opinion
controverted, p. 129, § 30, in the following words; "Hence it seems,
that it is not true, as some pretend, that from the time a prisoner
escapes, or otherwise reaches the shore of a neutral power, he is
absolutely free. It is true, he cannot be retaken without the consent
of that power, but such a power would violate the laws of neutrality
if it should refuse its consent. This is a consequence of the asylum
of the ship in which the prisoner or hostage was contained."
We know not of what authority this writer may be, and therefore pray a
moment of your Excellency's attention to this matter, requesting your
advice upon it, that if it be possible, some means may be devised to
retain these prisoners, till as many of ours can be obtained in
exchange for them.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
York, 15th of May, 1778.
Gentlemen,
Your pressing request for five thousand hogsheads of tobacco, is a
matter as embarrassing to Congress as to yourselves. Their anxiety to
get it to you is as great as yours to receive it. We have already lost
vast quantities in the attempt, and thereby have furnished our enemies
gratis with what was designed for the discharging of your contracts,
and for promoting the interest and commerce of our friends. We request
your particular attention to this information, as it is a matter of as
high moment to our allies as well as to ourselves. In the present
state of things it is very probable, that England will be unwilling
to interrupt the trade of France in their own bottoms; and our desire
is, as well for her benefit as ours, that France would open the trade
from her own ports, so that the intentional advantages of the treaties
may fully operate for both countries. We need not enlarge on this
head, as your discernment will furnish you with all the reasons to be
alleged in support of what we desire.
In addition to what is mentioned in our letter, respecting the 11th
and 12th articles of the treaty, we observe, that the 12th is capable
of an interpretation and misuse, which were probably not thought of at
the time of constructing it; we mean, that it opens a door for all, or
a great part of the trade of America, to be earned through the French
Islands to Europe, and puts all future regulations out of our power,
either by impost or prohibition, which, though we might never find it
to our interest to use, yet by keeping it in our power, will enable
us to preserve equality with, and regulate the imposts of the
countries we trade with.
The general trade of France is not under like restriction, every
article on our part being stated against the single article of
molasses on theirs; therefore, Congress think it more liberal and
consistent that both articles should be expunged.
We have no material military transactions to acquaint you with. The
enemy yet remain in Philadelphia, but some late appearances make it
probable they will not stay long. Our army is yet at the Valley Forge.
The enemy, through the course of the winter, have carried on a low,
pitiful, and disgraceful kind of war against individuals, whom they
pushed at by sending out little parties and revengefully burning
several of their houses; yet all this militated against themselves,
by raising an unquenchable indignation in the country against them;
and on the whole, we know not which most to wonder at, their folly in
making us hate them after their inability for conquest and their
desires of peace are confessed, or their scandalous barbarity in
executing their resentments.
You will see, gentlemen, by the contract which the Commercial
Committee have signed with the agent of M. Beaumarchais, that Congress
was desirous of keeping a middle course, so as not to appear to slight
any determined generosity of the French Court, and, at the same time,
to show a promptness to discharge honorably the debts, which may be
justly charged against these States by any persons. We depend upon
you to explain the affair fully, as you seem to make a distinction
between the military stores and the other invoices, while no such
distinction appears in the letters of Mr Deane or M. Beaumarchais. In
short, we are rather more undetermined by your late despatches, than
we were during your long silence. Congress being at this time deeply
engaged in a variety of business, and the Foreign Committee thin of
members, you will be pleased to excuse us from being more particular
in our answer to your several despatches, as well as in our
information of the state of our affairs.
We are, gentlemen, &c.
R. H. LEE,
JAMES LOVELL.
P. S. You will see what we have written to M. Dumas, and you will
point out what will be our line of honor to him and justice to these
States.
Passy, May 16th, 1778.
Sir,
We had this morning the honor of receiving your Excellency's letter of
the 13th instant, relative to the Boston frigate. We beg leave to
assure your Excellency, that the frigate, called the Boston, now at
Bordeaux, is a ship of war belonging to the thirteen United States of
North America, built and maintained at their expense by the honorable
Congress. We, therefore, humbly presume, that his Majesty's royal
determination, on the representation of the Farmers-General, will be
according to the usage of nations in such cases, and your Excellency
may be assured that Captain Tucker will conform to that determination
with the utmost respect.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, May 16th, 1778.
Sir,
Messrs Basmarine, Rainbeau, & Co. having represented to us, that they
have applied to Government for a frigate, to be employed in defence of
their commerce to and from America, and in making reprisals for the
losses they have lately sustained by our enemies, we, the
Commissioners of the United States of North America, hereby request
that such a frigate may be granted; and in that case, we are ready to
give a commission and letter of marque to such frigate, upon Messrs
Basmarine & Co. giving bonds to us for the regular behavior of such
frigate, according to the law of nations and the usage of the United
States.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, May 25th, 1778.
Sir,
Your favors of May 11th and 18th are now before us. We shall this day
acquaint Captain Jones how far it is in our power to comply with his
desires, and in what manner. Your letter of the 18th informs us of a
dispute between Mr Schweighauser and you, concerning the disposal of
the Ranger's prizes; and you are still of opinion, that you have
authority to interfere in the disposal of prizes, and that you should
be chargeable with neglect of duty if you did not. The necessities of
our country demand the utmost frugality, which can never be obtained,
without the utmost simplicity in the management of her affairs; and as
Congress have authorised Mr W. Lee to superintend the commercial
affairs in general, and he has appointed Mr Schweighauser, and as your
authority is under the Commissioners at Paris only, we think it
prudent and necessary for the public service to revoke, and we do
hereby revoke, all the powers and authorities heretofore granted to
you by the Commissioners plenipotentiary of the United States of
America, or any of them at Paris; to the end, that hereafter the
management of the affairs, commercial and maritime, of America, may be
under one sole direction, that of Mr Schweighauser within his
district.
As to the merchandise and stores of every kind, which you have on hand
at present, we leave it to your choice, either to ship them to America
yourself, or to deliver them over to Mr Schweighauser to be shipped by
him. It is not from any prejudice to you, for whom we have a great
respect and esteem, but merely from a desire to save the public money,
and prevent the clashing of claims and interests, and to avoid
confusion and delays, that we have taken this step.
We have further to repeat our earnest request, that you would lay your
accounts before us as soon as possible, because, until we have them we
can never know either the state of our finances, or how far the orders
of Congress for stores and merchandise to be shipped to America have
been fulfilled.
We are, Sir, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, June 3d, 1778.
Sir,
We have the honor of enclosing to your Excellency, an account of
duties paid by the agent for necessary supplies to the ship of war the
Boston, in the port of Bordeaux. As these duties are very heavy, and
the payment of any duties on mere supplies to ships of war, as on
merchandise exported, appears to us uncommon, we beg the favor of
your Excellency to give such orders relative to it in all his
Majesty's ports, as may regulate this for the future.
The Captain of the ship of war the Ranger, belonging to the United
States, has, we understand, put his prizes into the hands of the
intendant or Commandant at Brest; and no account has been rendered of
them to the public agent, or to us. We are also given to understand,
that, in consequence of this proceeding, very heavy fees are to be
paid upon the sale of them. As the transaction is altogether improper,
we must trouble your Excellency for an order to the commandant, to
deliver them, without delay or extraordinary charges, to the public
agent, Mr Schweighauser at Nantes, or to his order.
It would give us satisfaction to annoy our enemies, by granting a
letter of marque, as is desired, for a vessel fitting out at Dunkirk,
and, as it is supposed by us, containing a mixed crew of French,
Americans, and English. But, if this should seem improper to your
Excellency, we will not do it.
We have the honor, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, June 16th, 1778.
Gentlemen,
At the time when I took Lieutenant Simpson's parole, I did not expect
to have been so long absent from America; but as circumstances have
now rendered the time of my return less certain, I am willing to let
the dispute between us drop forever, by giving up that parole, which
will entitle him to command the Ranger. I bear no malice, and, if I
have done him an injury, this will be making him all the present
satisfaction in my power. If, on the contrary, he has injured me, I
will trust to himself for an acknowledgment.
I have the honor to be, with sentiments of esteem and respect,
Your obliged, &c.
JOHN PAUL JONES.
Passy, June 16th, 1778.
Sir,
I received yours of the 5th instant, acquainting us that the ministry
have at length agreed to an exchange of prisoners. We shall write to
Captain Jones for the list required, which will be sent you as soon as
received. We understand there are at least two hundred. We desire and
expect, that the number of ours shall be taken from Tortune and
Plymouth, in proportion to the number in each place, and to consist of
those who have been longest in confinement, it being not only
equitable that they should be first, but this method will prevent all
suspicions, that you pick out the worst and weakest of our people to
give in exchange for your good ones. If you think proper to clear your
prisoners at once, and give us all our people, we give you our solemn
engagement, which we are sure will be punctually executed, to deliver
to Lord Howe, in America, or to his order, a number of your sailors,
equal to the surplus, as soon as the agreement arrives there.
There is one thing more which we desire may be observed. We shall note
in our lists the names and numbers of those taken in the service of
the King, distinguishing them from those taken in the merchants'
service; that, in the exchange to be made, you may give adequate
numbers of those taken in the service of the States, and of our
merchants. This will prevent any uneasiness among your navymen and
ours, if the seamen of merchantmen are exchanged before them. As it
will be very troublesome and expensive, as well as fatiguing to them,
to march our people from Brest to Calais, we may endeavor to get leave
for your ship to come to the road of Brest, to receive them there; or,
if that cannot be, we must desire from your Admiralty a passport for
the ship, that is to convey them from Brest to Calais. If you have any
of our people still prisoners on board your ships of war, we request
they may be put into the prisons, to take their chance of exchange
with the rest.
B. FRANKLIN.
Passy, June 16th, 1778.
Sir,
Upon the receipt of this letter, you will forthwith make preparations,
with all possible despatch, for a voyage to America. Your own prudence
will naturally induce you to keep this your destination secret, lest
measures should be taken by the enemy to intercept you. If, in the
course of your passage home, opportunities should present of making
prizes, or of doing any material annoyance to the enemy, you are to
embrace them; and you are at liberty to go out of your way for so
desirable a purpose.
The fishery, at the banks of Newfoundland, is an important object, and
possibly the enemy's men of war may have other business than the
protection of it. Transports are constantly passing and repassing from
Rhode Island, New York and Philadelphia to Halifax, and from all these
places to England. You will naturally search for some of these as
prizes.
If the French government should send any despatches to you, or if you
should receive any from us, to carry to America, you will take the
best care of them, and especially that they may not fall into improper
hands. You are not, however, to wait for any despatches, but to
proceed upon your voyage as soon as you can get ready. If there is any
room on board your ship, where you could stow away a number of chests
of arms, or of clothing, for the use of the United States, you will
inform M. Schweighauser of it, that he may send them to you before
your departure. We do not mean to encumber you with a cargo, which
will obstruct the sailing of your ship, or will impede her fighting;
but if, consistent with her sailing and fighting, she can take any
quantity of arms or clothing, it will be a desirable object for the
public.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
York, 21st June, 1778.
Gentlemen,
The British Commissioners have arrived and transmitted their powers
and propositions to Congress, which have received the answer you will
find in the Pennsylvania Gazette of the 20th instant.
On the 18th of this month, General Clinton, with the British army,
(now under his command) abandoned Philadelphia, and the city is in
possession of our troops. The enemy crossed into Jersey, but whether
with design to push for South Amboy, or to embark below Billingsport,
on the Delaware, is yet uncertain. General Washington has put his army
in motion, and is following the enemy into Jersey.
There has arrived here a M. Holker, from France, who has presented a
paper to Congress, declaring that he comes with a verbal message to
Congress from the minister of France, touching our treating with Great
Britain, and some other particulars which, for want of his paper, we
cannot at present enumerate. The style of his paper is as if from the
representative of the Court, but he has no authentic voucher of his
mission for the delivery of this verbal message. We desire of you,
gentlemen, to give us the most exact information in your power
concerning the authenticity of M. Holker's mission for this purpose.
We are, gentlemen, with esteem and regard, &c.
RICHARD H. LEE,
THOMAS HAYWARD, JR.
JAMES LOVELL.
Translation.
Versailles, 14th July, 1778.
Gentlemen,
Notwithstanding the precautions, which I have taken to supply the
inhabitants of the islands of St Pierre and Miquelon with provisions
for their subsistence, who, in their present circumstances, can
receive very small or no succors from the commerce with France, it may
happen that the intervention of one or more of the vessels sent to
those islands with provisions, may reduce the people to great
distress, and it will be too late to apply a remedy after the
knowledge of the event shall reach us. I have thought, that in case of
pressing necessity, we might count on supplies from the United States
of America, and have indicated the same to the administrators of the
islands of St Pierre and Miquelon. It will be highly agreeable to his
Majesty if you should concur in this opinion, and do what may be in
your power to procure such succors, by recommending to the United
States, and particularly to the government of Boston, to induce the
fitting out of expeditions to those isles, for the purpose of taking
provisions to the inhabitants, and supplying their wants.
I have the honor to be, &c.
DE SARTINE.
Passy, July 16th, 1778.
Sir,
We have the honor of your Excellency's letter of the 14th instant. We
shall embrace the first opportunity of writing to Congress, and to the
government of the Massachusetts Bay, and enclosing copies of your
Excellency's letter to us, which we are persuaded will have the most
powerful influence with them to exert themselves, and to recommend to
their fellow citizens to engage in expeditions for the relief of the
inhabitants of St Pierre and Miquelon. There is not the smallest doubt
of their ability to supply the wants of their friends at those places,
provided the British men of war should be withdrawn from the Halifax
and Newfoundland station. But if there should remain as many ships of
war on those stations as there have been for the last two years, the
difficulty will be very great.
We have the honor to enclose to your Excellency a copy of a letter
just received from Mr Schweighauser, whereby your Excellency will see
the difficulties that still embarrass our frigates in relation to
their prizes. We entreat your Excellency's further attention to the
subject, that orders may be given for the relief of our officers and
men from these embarrassments.
We have the honor to request your Excellency's attention to another
subject, that of the British prisoners made by our frigates, the
Providence, the Boston, and the Ranger, and all others in future. As
it is necessary for these frigates, forthwith to proceed to sea, and
as we have some hopes of an exchange of prisoners in Europe, we
request your Excellency that we may have leave to confine them in your
prisons, to be maintained there at our expense, until exchanged or
sent by us to America, and that your Excellency would give the
necessary directions accordingly.
We have the honor to be, with respect, your Excellency's, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, July 16, 1778.
May it please your Honors,
We have the honor to enclose a copy of a letter just received from M.
de Sartine, the minister of state for the marine of this kingdom, in
answer to which we have had the honor to assure his Excellency, that
we would embrace the first opportunity of communicating it to your
honors. We have not the smallest doubts of the good inclinations of
the people in America, to supply the necessities of their friends in
St Pierre and Miquelon, nor of the abilities of those in the northern
States to do it effectually, provided the British men of war are
withdrawn from the Halifax and Newfoundland stations, and perhaps it
may be done, notwithstanding the dangers of men of war. We hope,
however, it will be attempted. There is no doubt but a good price may
be obtained, at the same time that an acceptable act of friendship and
of humanity will be performed.
We have the honor to request, that this letter and its enclosure may
be laid before the General Court, and that such measures may be taken
as their wisdom shall dictate to the accomplishment of so desirable a
purpose.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, July 17th, 1778.
Sir,
We herewith communicate to your Excellency a resolution of Congress,
relative to the treaties, which we request may be laid before the
King. Thereby his Majesty will perceive the unfeigned sentiments of
that body, as well as the whole American people, whose hearts the King
has gained, by his great benevolence towards them, manifested in
these treaties, which has made so deep an impression on their minds,
that no time will efface it.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, 20th July, 1778.
Sir,
We have the honor to inform Congress, that the Spy, Captain Nyles, has
arrived at Brest, and brought us a ratification of the treaties with
His Most Christian Majesty, which has given much satisfaction to this
Court and nation. On the 17th instant we had the honor of exchanging
ratifications with his Excellency the Count de Vergennes. The treaties
ratified, signed by his Majesty, and under the great seal of France,
are now in our possession, where, perhaps, considering the dangers of
enemies at sea, it will be safest to let them remain at present.
Copies of them we shall have the honor to transmit to Congress by this
opportunity.
War is not yet declared between France and England, by either nation,
but hostilities at sea have been already commenced by both, and as the
French fleet from Brest, under the command of the Count d'Orvilliers,
and the British fleet, under Admiral Keppel, are both at sea, we are
in hourly expectation of a rencontre between them. The Jamaica fleet,
the Windward Island fleet, and a small fleet from the Mediterranean,
have arrived at London, which has enabled them to obtain by means of a
violent impress, perhaps a thousand or fifteen hundred seamen, who
will man two or three ships more, in the whole making Admiral Keppel's
fleet somewhat nearer to an equality with the French. In the mean
time, the Spanish flotilla has arrived, but the councils of that Court
are kept in a secrecy so profound, that we presume not to say with
confidence what are her real intentions. We continue, however, to
receive from various quarters encouraging assurances, and from the
situation of the powers of Europe it seems highly probable, that Spain
will join France in case of war.
A war in Germany, between the Emperor and King of Prussia, seems to be
inevitable, and it is affirmed that the latter has marched his army
into Bohemia, so that we apprehend that America has at present nothing
to fear from Germany. We are doing all in our power to obtain a loan
of money, and have a prospect of procuring some in Amsterdam, but not
in such quantities as will be wanted. We are constrained to request
Congress to be as sparing as possible in their drafts upon us. The
drafts already made, together with the great expense arising from the
frigates which have been sent here, and the expenses of the
commissioners, the maintenance of your ministers for Vienna and
Tuscany, and of prisoners who have made their escape, and the amount
of clothes and munitions of war already sent to America, are such,
that we are under great apprehensions that our funds will not be
sufficient to answer the drafts, which we daily expect, for the
interest of loan office certificates, as well as those from Mr
Bingham.
We have the honor to enclose a copy of a letter from M. de Sartine,
the Minister of Marine, and to request the attention of Congress to
the subject of it.
We are told in several letters from the honorable Committee for
Foreign Affairs, that we shall receive instructions and authority for
giving up, on our part, the whole of the 11th article of the treaty,
proposing it as a condition to the Court of France, that they on their
part should give up the whole of the 12th. But unfortunately, these
instructions, and authority were omitted to be sent with the letters,
and we have not yet received them. At the time of the exchange of the
ratifications, we mentioned this subject to the Count de Vergennes,
and gave him an extract of the Committee's letter. His answer to us
was, that the alteration would be readily agreed to, and he ordered
his secretary not to register the ratification till it was done. We
therefore request that we may be honored with the instructions and
authority of Congress to set aside the two articles as soon as
possible, and while the subject is fresh in memory.
The letter to M. Dumas[51] is forwarded, and in answer to the
Committee's inquiry, what is proper for Congress to do for that
gentleman, we beg leave to say, that his extreme activity and
diligence in negotiating our affairs, and his punctuality in his
correspondence with Congress as well as with us, and his usefulness to
our cause in several other ways, not at present proper to be
explained, give him, in our opinion, a good title to two hundred
pounds sterling a year at least.
The other things mentioned in the Committee's letter to us shall be
attended to as soon as possible. We have received also the resolution
of Congress of the 9th of February, and the letter of the Committee of
the same date, empowering us to appoint one or more suitable persons
as commercial agents, for conducting the commercial business of the
United States in France, and other parts of Europe. But as this power
was given us before Congress received the treaty, and we have never
received it but with the ratification of the treaty, and as by the
treaty Congress is empowered to appoint consuls in the ports of
France, perhaps it may be expected from us, that we should wait for
consuls. At present, Mr John Bonfield of Bordeaux, and Mr J. D.
Schweighauser at Nantes, both by the appointment of Mr William Lee,
are the only persons authorised as commercial agents. If we should
find it expedient to give appointments to any other persons, before we
hear from Congress, we will send information of it by the first
opportunity. If Congress should think proper to appoint consuls, we
are humbly of opinion, that the choice will fall most justly as well
as naturally on Americans, who are, in our opinion, better qualified
for this business than any others, and the reputation of such an
office, together with a moderate commission on the business they may
transact, and the advantages to be derived from trade, will be a
sufficient inducement to undertake it, and a sufficient reward for
discharging the duties of it.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Are to maintain in their department the privileges of their nation
according to treaties.
To have inspection and jurisdiction, as well civil as criminal, over
all the subjects of their States who happen to be in their department,
and particularly over commerce and merchants.
This sort of commission is not given, but to persons above thirty
years of age.
Those appointed should cause their powers to be registered in the
nearest Court of Admiralty, and in the Chamber of Commerce, if there
is one, near the place of their residence.
On his arrival there, the Consul should publish his powers in the
assembly of merchants of his country happening to be there at the
time, and put them on the records of the Consulate.
When there is any question that affects the general affairs of the
commerce of his nation, he ought to convoke all the merchants and
masters of vessels of his nation then in the place, who are obliged to
attend, under penalty, according to the resolutions taken in these
assemblies; the Consul issues orders which ought to be executed, and
of which he should send copies every three months to the Lieutenant
General of the nearest Admiralty and Chamber of Commerce.
The jurisdiction of Consuls extends to several objects, for he not
only supplies the place of a Court of Admiralty, but also of a common
court of justice.
In civil matters the judgments are to be executed, provisional
security being given for the sum adjudged; in criminal matters
definitively and without appeal, if given with two of the principal
merchants of his country assisting, except where corporal punishment
appertains to the crime, in which case the process and proofs are to
be drawn up by the Consul, and sent with the criminal by the first
vessel of the nation, to be judged by the proper authority in the
first port thereof where he arrives.
The Consul may also oblige any of his nation to depart, if they
behave scandalously, and captains are obliged to take them, under a
penalty.
If the Consul has any difference with the merchants of the place, the
parties are to appear in the next Court of Admiralty, and the cause is
to be there adjudged.
The Consul has a clerk, who keeps an office, in which all the acts of
the Consulate are registered. He names also the officers who execute
his precepts, and takes their oaths. If war happens, the Consuls
retire.
Passy, 23d July, 1778.
Sir,
We have just received a message from the Count de Vergennes, by his
secretary, acquainting us that information is received from England,
of the intention of the cabinet there to offer, (by additional
instructions to their commissioners) independence to the United
States, on condition of their making a separate peace, relying on
their majority in both Houses for approbation of the measure. M. de
Vergennes upon this intelligence requests, that we would write
expressly to acquaint the Congress, that though no formal declaration
of war has yet been published, the war between France and England is
considered as actually existing, from the time of the return of the
Ambassadors; and that if England should propose a peace with France,
the immediate answer to the proposition would be, "our eventual treaty
with the United States is now in full force, and we will make no peace
but in concurrence with them." And we have given it as our firm
opinion, that such an answer will be given by you without the least
hesitation or difficulty, though you may not have been informed
before, as you now are, that war being actually begun, the eventual
treaty is become fully and completely binding.
We are, with great respect, &c.
B. FRANKLIN,
JOHN ADAMS.
Passy, 29th July, 1778.
Sir,
Mr Livingston received a commission from us, as Lieutenant of the
Boston, and made a cruise in her, in which he had the good fortune to
take four prizes. He is now obliged to leave the ship, but we have the
pleasure of a letter from Captain Tucker, in which he gives us a
handsome character of Mr Livingston, and of his conduct during the
cruise. We have also a good opinion of him, and recommend him to the
favor of Congress.
We are, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, 29th July, 1778.
Gentlemen,
We have the honor of your letters of May 14th and 15th. We
congratulate you on the general good appearance of our affairs, and we
are happy in your assurances, that it is your fixed determination to
admit no terms of peace, but such as are consistent with the spirit
and intention of our alliance with France, especially as the present
politics of the British cabinet aim at seducing you from that
alliance, by an offer of independence, upon condition you will
renounce it, a measure that will injure the reputation of our States
with all the world, and destroy their confidence in our honor.
No authenticity from Congress to make an alteration in the treaty, by
withdrawing the 11th and 12th articles, has yet reached us. But we
gave an extract of your letter to the Count de Vergennes, when we
exchanged ratifications, who expressed an entire willingness to agree
to it. We wish for the powers by the first opportunity. We have not
yet seen M. Beaumarchais, but the important concern with him shall be
attended to as soon as may be.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Translation.
Versailles, 29th July, 1778.
Gentlemen,
I have received the letter, which you did me the honor to transmit on
the 16th instant. His Majesty relies greatly on the succors of
provisions, which the government of Massachusetts Bay may furnish the
islands of St Pierre and Miquelon.
The difficulties which the privateers of the United States have
experienced till now in the ports of France, either as to the sale of
their prizes, or to secure their prisoners, must cease, from the
change of circumstances. I make no doubt on the other hand, but that
the United States will grant the same facilities to French privateers.
To accomplish this double object, I have drafted a plan of
regulations, which I earnestly request you to examine, and to note
what you think of it; or even to point out such other means as may
answer the same purpose, so that I may receive his Majesty's orders. I
have the honor to be, &c.
DE SARTINE.
Passy, August 13th, 1778.
Sir,
Your Excellency's letter of the 29th of July, enclosing a plan for a
system of regulations for prizes and prisoners, we had the honor of
receiving in due time, and are very sorry it has remained so long
unanswered.
In general, we are of opinion, that the regulations are very good; but
we beg leave to lay before your Excellency the following observations.
Upon the 2d article we observe, that the extensive jurisdiction of the
Judges of Admiralty in America, which, considering the local and other
circumstances of that country, cannot easily be contracted, will
probably render this regulation impracticable in America. In France it
will, as far as we are able to judge of it, be very practicable, and
consequently beneficial. But we submit to your Excellency's
consideration, whether it would not be better in America after the
words "les dites Juges" to add,—or the Register of the Court of
Admiralty, or some other person authorized by the Judge. The
jurisdiction of the Court of Admiralty in America extending for some
hundred miles, this regulation would be subject to great delays, and
other inconveniences, if it was confined to the Judge. The 4th article
seems to be subject to the same inconveniencies, and therefore to
require the same amendment.
Upon the 14th article, we beg leave to submit to your Excellency's
consideration, whether the heavy duties upon British merchandise and
manufactures, if these are to be paid upon prize goods, will not
operate as a great discouragement to the sale of prizes made by
American cruisers; and whether it would be consistent with his
Majesty's interest to permit merchandise and manufactures, taken in
prizes made by Americans, to be stored in his Majesty's warehouses, if
you please, until they can be exported to America, and without being
subject to duties.
We know not the expense, that will attend these regulations and
proceedings in the courts of this kingdom; but as the fees of office
in America are very moderate, and our people have been accustomed to
such only, we submit to your Excellency whether it will not be
necessary to state and establish the fees here, and make the
establishments so far public, that Americans may be able to inform
themselves.
As we are not well instructed in the laws of this kingdom, or in the
course of the courts of Admiralty here, it is very possible that some
inconveniencies may arise in the practice upon these regulations,
which we do not at present foresee; if they should, we shall beg leave
to represent them to your Excellency, and to request his Majesty to
make the necessary alterations.
We submit these observations to your Excellency's superior wisdom, and
have the honor to be, with sentiments of the most perfect respect,
your Excellency's most obedient and most humble servants,
ARTHUR LEE,
JOHN ADAMS.
P. S. Dr Franklin concurs with us in these sentiments, but as he is
absent, we are obliged to send the letter without his subscribing.
Brest, August 15th, 1778.
Gentlemen,
I have now been five days in this place since my arrival from Passy,
during which time I have neither seen or heard from Lieutenant
Simpson. But Mr Hill, who was last winter at Passy, and sailed with me
from Nantes, informs me truly, that it is generally reported in the
Ranger, and of course through the French fleet and on shore, that I am
turned out of the service, and that you, gentlemen, gave Mr Simpson my
place with a Captain's commission; that my letter of the 16th of July
to you was involuntary on my part, and in obedience only to your
orders to avert dreadful consequences to myself. These, gentlemen, are
not idle, ill-grounded conjectures, but melancholy facts; therefore, I
beseech you, I conjure you, I demand of you, to afford me
redress—redress by a Court Martial, to form which we have now a
sufficient number of officers in France, with the assistance of
Captain Hinman, exclusive of myself. The Providence and the Boston are
expected here very soon from Nantes, and I am certain that they
neither can nor will depart again, before my friend, Captain Hinman,
can come down here, and it is his unquestioned right to succeed me in
the command of the Ranger.
I have faithfully and personally supported and fought for the
dignified cause of human nature, ever since the American banner first
waved on the Delaware, and on the ocean. This I did when that man did
not call himself a Republican, but left the Continent, and served its
enemies; and this I did, when that man appeared dastardly backward,
and did not support me as he ought.
I conclude, by requesting you to call before you, and examine for your
own satisfaction, Mr Edward Meyers, who is now at the house of the
Swedish Ambassador, and who, having been with me as a volunteer, can
and will, I am persuaded, represent to you the conduct of the officers
and men towards me, both before I left Brest, and afterwards in the
Irish channel, as well as my conduct towards them.
I have the honor to be, with sentiments of due respect and esteem,
your very obliged and very humble servant,
JOHN PAUL JONES.
Translation.
Versailles, 16th August, 1778.
Gentlemen,
I take the earliest opportunity to answer the observations addressed
to me in the letter, which you did me the honor to write me the 13th
instant, on the project of a regulation for the prizes and prisoners
of the respective United States. I conceive that I have fulfilled the
object by digesting anew the 2d and 14th articles, of which I annex
another text, with copies of the different laws that have been lately
published respecting prizes. Moreover, I will at all times receive
with pleasure your representations of the inconveniences which may
attend, in your opinion, the execution of the regulation, and you may
be assured that his Majesty will be always disposed to grant the
inhabitants of the United States every facility, compatible with the
interests of his finances and the commerce of his subjects.
I have the honor to be, &c.
DE SARTINE.
His Majesty, desirous of making known his intentions, as well with
respect to the prizes, which his subjects may carry into the ports of
the United States of America, as also respecting admitting into his
own ports the prizes made by American privateers, and calculating on
the perfect equality which constitutes the basis of his engagements
with the said United States, he has ordained and does ordain as
follows.
Article i. French privateers shall be permitted to conduct and cause
to be conducted, the prizes made from his Majesty's enemies, into the
ports of the United States of America, to repair them so as to proceed
again to sea, or to sell them definitively.
Article ii. In the case of simple anchoring, the conductors of prizes
shall be bound to make before the Judges of the place, a summary
declaration containing the circumstances of the capture and motives of
anchoring, and to request the said Judges to go on board the captured
prizes and seal up such places as may admit of it, and make out a
short description of what cannot be contained under the said seals,
the state of which shall be verified in France by the officers of the
admiralty, on the copy which the officer conducting the prize shall be
obliged to report.
Article ii., amended. In case of simple anchoring, the Captains
conducting the prizes shall be bound to make before the Judges of the
place, their secretaries, or other persons authorised by them, a
summary declaration containing the circumstances of the capture and
motives of anchoring, and to request the said Judges, their
secretaries, and other persons authorised by them, to go on board the
captured vessels, and seal up such places as may admit of it, and make
out a short description of what cannot be contained under such seals,
the state of which shall be verified in France by the officers of the
admiralty, on the copy of which the officer conducting his prize shall
be bound to report.
Article iii. His Majesty, nevertheless, permits captains conducting
prizes to sell in the ports of the United States, either perishable
merchandise, or such other as may supply the wants of the vessels
during the time of their stay, the said conductors of prizes shall be
bound to ask permission from the Judges of the place for this purpose
in the ordinary form, and proceed to the sale by the public officers
appointed for that purpose, and to report copies, as well of the
proceedings as of the verbal process of the sale.
Article iv. The prize-masters, who shall be authorised by the owners
or captains of the capturing privateer to sell the said prizes in the
ports of the United States, shall be obliged to make before the Judges
a detailed report, which shall afterwards be verified in the hearing
of at least two of their crew, and to request the said Judges to go
directly on board of the prizes to make out a verbal process, seal up
the hatches and cabin, take an inventory of what cannot be sealed, and
appoint sequestrators. Which Judges shall proceed afterwards to
interrogate the captain, officers, and other persons of the crew of
the captured vessel to the number of two or three, or more if it is
judged necessary, and shall translate the useful papers on board if
there are interpreters, and annex compared copies of the said useful
papers to the minutes of the proceedings, to have recourse to them in
case of necessity, as is prescribed for prizes conducted into the
ports of the Kingdom by the 42d article of the declaration of the 24th
of June last.
Article v. As soon as the copies of the said proceedings, and the
original papers and translations shall have been addressed to the
Secretary-General of the Marine at Paris, for process in judgment by
the Council of Prizes, the captain or his agent may require the
provisional sale of the merchandise and effects subject to perishing,
and even the definitive sale of the prizes and all the merchandise of
their cargoes, whenever they shall evidently appear the enemy's
property, from the papers on board and the interrogatories of the
prisoners, in the manner that shall be ordered by the Judges of the
places, and as is prescribed for prizes conducted into the ports of
the kingdom by the 45th article of the said declaration of the 24th of
June last.
Article vi. The discharge, inventory, sale, and delivery of the said
prizes and merchandise shall be made agreeable to the formalities
practised in the ports of the United States. The captains, conductors
of prizes, shall be bound to report the particular liquidations or
summary statements of the proceeds of the said prizes and expenses
incurred on their account, that the said particular liquidations or
summary statements may be deposited by the owner or the secretary of
the Admiralty, at the place of outfit, agreeable to the 57th article
of the declaration of the 24th of June last, to which secretary the
judgments and prize papers shall be sent, in order to be registered.
Article vii. All the prisoners that shall be found on board either of
the French privateers, that shall come to anchor in the ports of the
United States, or on board the prizes which shall be brought there,
shall be immediately delivered to the governor or magistrate of the
place, to be secured in the name of the King, and maintained at his
expense, as shall likewise be done in the French ports, with respect
to the prisoners made by the American privateers. The captains who
carry back their prizes, to be sold in the ports of the kingdom, shall
nevertheless be bound to carry with them two or three principal
prisoners, in order to be interrogated by the officers of the
Admiralty who shall make the inquiry.
Article viii. The privateers of the United States may conduct, or
cause to be conducted, their prizes into the ports belonging to his
Majesty, whether for the purpose of anchoring and remaining there,
until they are in a condition to proceed again to sea, or for the
purpose of selling them definitively.
Article ix. In case of simple anchoring, the prize-masters shall be
bound to make, within twentyfour hours after arrival, their
declaration before the officers of the Admiralty, who shall go on
board of the vessels, in order to seal up such places as may admit of
it, and to make a brief description of what cannot be comprehended
under the said seals, without allowing any thing to be landed from on
board of the said prizes, under the penalties contained in his
Majesty's arrets and regulations.
Article x. His Majesty nevertheless permits the said American
privateers to sell in his ports, either the perishable merchandise, or
such other, in order to defray the expenses of the vessels during the
time of their being in port, charging them to request permission from
the officers of the Admiralty, in presence of whom the said sale shall
be made.
Article xi. When the subjects of the United States would wish to sell
their prizes in the ports of the kingdom, the captain who shall have
made the prize, or the officer intrusted with bringing it in, shall be
bound to make before the officers of the Admiralty a detailed report,
which shall be verified in the hearing of at least two of their crew;
the officers of the Admiralty shall go immediately on board of the
prize to make out a verbal process, seal the hatches and cabins, make
an inventory of what cannot be sealed, and appoint keepers; they shall
afterwards proceed to interrogate the captains, officers, and other
people belonging to the crew of the prize; shall cause the useful
papers on board to be translated, of which they shall annex compared
copies to the minutes of the proceedings; and the original and
translated pieces, as also the copies of the said proceedings, shall
be sent to the deputies of the United States at Paris.
Article xii. The captains, conductors of prizes, or their agents, may
request the officers of the Admiralty to proceed to the provisional
sale of such merchandise and effects as are subject to perish, and
even to the definitive sale of the prizes and of all their merchandise
on board, when they shall appear to have belonged to the enemy, from
the papers on board and the information of the prisoners, in the same
manner as is prescribed for the prizes taken by French privateers, by
the 45th article of the declaration of the 24th of June last.
Article xiii. The discharge, inventory, sale, and delivery of the said
prizes shall be made in presence of the officers of the Admiralty,
whose fees, either for discharging, inventory, or sale, shall be
reduced one half, agreeable to the terms of the 52d article of the
declaration of the 24th of June last. The said officers shall not
proceed to a particular liquidation of the proceeds of the prizes
until they shall be required by the parties concerned, and in every
case where the delivery of several copies is required, no more shall
be paid to the register for the second and third, than the price of
the stamped paper and the expense of writing.
Article xiv. It is his Majesty's pleasure, that the arret of his
Council, by which, agreeable to the second article of the 24th of June
last, it shall be determined what kind and quality of merchandise,
proceeding from prizes, shall be consumed in the kingdom, as also what
duties they shall be subject to, shall likewise extend to the
merchandise proceeding from prizes taken by American privateers, who
are charged to fulfil the formalities prescribed by the arrets and
regulations.
Article xiv., amended. It is his Majesty's pleasure that the arret
of his Council, by which, agreeable to the second article of the 24th
of June last, it shall be determined what kind and quality of
merchandise, proceeding from prizes, shall be consumed in the kingdom,
as also what duties they shall be subject to, shall likewise extend to
the merchandise proceeding from prizes taken by American privateers,
who are charged to fulfil the formalities prescribed by the arrets and
regulations, especially with respect to the merchandise which they
would export, whether to the ports of the United States, or to all
other foreign countries, and that they shall be permitted for this
purpose to keep them during a year, in the magazines of deposit, free
from all duty.
Article xv. The American privateers may deliver in the ports, to the
commissioners of the ports and arsenals of the marine, the prisoners
they may have on board; his Majesty will give orders that the said
prisoners shall be conducted, guarded, and maintained in the name and
at the expense of the United States.
Passy, August 18th, 1778.
Sir,
We embrace this first opportunity to answer the letter, which your
Excellency did us the honor to address to us, the 16th of this month.
We have examined with some attention the alterations, which your
Excellency has made in the 2d and 14th articles of the projected
regulations, and are of opinion, that they will remove the
difficulties we apprehended from the first draught.
We thank your Excellency for the obliging expressions of your
readiness to receive any representations, which we may hereafter have
occasion to make, of inconveniencies arising in the execution of these
regulations; which, however, we hope will not occur. We submit the
whole to your Excellency's deliberation and decision, and are, with
sentiments of the sincerest respect, your Excellency's most obedient
humble servants,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Brest, August 18th, 1778.
Sir,
I request that you will summon a court martial for the trial of
Lieutenant Thomas Simpson, with whose conduct I have been and am
unsatisfied, and who is now under suspension for disobedience of my
written orders.
I am, Sir, with due regard, your most humble servant,
JOHN PAUL JONES.
Brest, August 19, 1778.
Sir,
I am honored with your letter of this day, requesting that I will
summon a Court Martial for the trial of Lieutenant Thomas Simpson,
with whose conduct you have been and are unsatisfied, and who, you
say, is under suspension for disobedience to your written orders.
Having maturely considered the contents of your letter, and with as
much accuracy as possible attended to every particular, I return for
answer the subjoined reasons, which will at once explain the
impossibility of calling a Court Martial, and fully acquaint you with
my sentiments on that subject.
You are sensible that the Continental regulations have expressly
ordered, that a Court Martial shall consist of at least three
Captains, which is impossible, as Captain Hinman declines to sit, he
expecting a Court of Inquiry upon his own conduct on his arrival in
America, and having assigned a reason of so forcible a nature, I think
he is acting a part at once prudent and becoming.
You will permit the remark, that by Lieutenant Simpson's parole, taken
by yourself June 10th, 1778, Lieutenant Simpson engaged on his parole
of honor to consider himself as under suspension till he shall be
called upon to meet you face to face before a Court Martial, unless
you should, in the meantime, release him from his parole, which I
conceive that you have done by your letter of the 16th of July to the
honorable Commissioners, where you mention that you are willing to let
the dispute drop forever, by giving up that parole, which would
entitle Lieutenant Simpson to the command of the Ranger; that this, as
you bore no malice, would be making him all the present satisfaction
in your power, provided that you had injured him, and that you will
trust to himself to make an acknowledgment, if, on the contrary, he
has injured you. In my opinion, this is giving up his parole in the
most ample manner, as it does not appear to me that you made, by
letter or otherwise, any compact or agreement with Lieutenant Simpson,
that he should make any concessions on his part, or any thing of that
nature, neither that he was to be answerable to a Court Martial when
the supposed crime was blotted out, for which he was at first
responsible.
I believe that the honorable Commissioners accepted it in the same
light, as by their letter of the same date it would seem you gave them
the greatest satisfaction in affording them an opportunity to
reinstate Lieutenant Simpson on board the Ranger. The Commissioners
further order him to take the command of the Ranger, as her first
Lieutenant, and to join me and to obey my orders, all which
sufficiently evinces that Lieutenant Simpson is no longer considered
as under suspension, and consequently cannot be responsible to a Court
Martial for disobedience to written orders from you, from which he is
amply released by your voluntary surrender of his parole. However, if
this explanation, attempted to be made in the most candid manner,
should not prove agreeable, I beg leave to refer you to the absolute
impossibility of calling a Court Martial, agreeable to the resolves of
Congress, and flatter myself that you will believe me to be, with due
respect, Sir, your most obedient and most humble servant,
ABRAHAM WHIPPLE.
Passy, August 22d, 1778.
Sir,
We have received your letter of the 15th, and have written to Captain
Whipple to appoint a Court Martial for the trial of Lieutenant
Simpson, provided there is a sufficient number of officers to
constitute one. This, however, is not to make any change in his
command of the Ranger until the trial is over; nor then, unless the
judgment of that Court is against him.
We are, sir, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, August 28th, 1778.
Sir,
There are several subjects which we find it necessary to lay before
your Excellency, and to which we have the honor to request your
attention.
At a time when the circumstances of the war may demand the attention
of government, and, without doubt, call for so great expense, we are
sorry to be obliged to request your Excellency's advice respecting the
subject of money; but the nature of the war in America, the vast
extent of country to defend, and this defence having been made chiefly
by militia engaged for short periods, which often obliged us to pay
more men than could be brought into actual service; and above all,
this war having been conducted in the midst of thirteen revolutions of
civil government, against a nation very powerful both by sea and land,
has occasioned a very great expense to a country so young, and to a
government so unsettled. This has made emissions of paper money
indispensable, in much larger sums than in the ordinary course of
business is necessary, or than in any other circumstances would have
been politic. In order to avoid the necessity of further emissions as
much as possible, the Congress have borrowed large sums of this paper
money of the possessors upon interest, and have promised the lenders
payment of that interest in Europe, and we therefore expect, that
vessels from America will bring bills of exchange upon us for that
interest, a large sum of which is now due.
It is very, true that our country is already under obligations to his
Majesty's goodness, for considerable sums of money; the necessities of
the United States have been such, that the sums, heretofore generously
furnished, are nearly if not quite expended, and when your Excellency
considers, that the American trade has been almost entirely
interrupted by the British power at sea, they having taken as many of
our vessels as to render this trade more advantageous to our enemy
than to ourselves; that our frigates and other vessels, which have
arrived in this Kingdom, have cost us a great sum; that the provision
of clothing and all the necessaries of war for our army, except such
as we could make in that country, have been shipped from hence at our
expense; that the expense we have been obliged to incur for our
unfortunate countrymen, who have been prisoners in England, as well as
the maintenance of those taken from the enemy has been very
considerable; your Excellency will not be surprised when you are
informed, that our resources are exhausted.
We, therefore, hope for the continuance of his Majesty's generosity,
and that the quarterly payment of seven hundred and fifty thousand
livres may be continued. And we assure your Excellency, that the
moment we are furnished with any other means of answering this demand,
we will no longer trespass on his Majesty's goodness.
We have further to inform your Excellency, that we are empowered and
instructed by Congress, to borrow in Europe a sum of money to the
amount of two millions sterling; which is to be appropriated to the
express purpose of redeeming so many of the bills of credit in
America, as will be sufficient, it is apprehended, to restore the
remainder to their original value. We, therefore, request his
Majesty's permission to borrow such part of that sum in his Majesty's
kingdom, as we may find opportunity. Although we are empowered to
offer a larger interest than is usually given, by his Majesty, yet
that we may not be any interruption to his Majesty's service, we are
willing and desirous of limiting the interest which we may offer, to
the same that is given by his Majesty. And in this way, although most
persons will choose to lend their money to his Majesty, yet there may
be others desirous of forming connexions of trade with the people in
America, who will be willing to serve them in this way. And perhaps
nothing will have a greater tendency to cement the connexion between
the two nations, so happily begun, or to insure to the French nation
the benefits of the American trade, than something of this kind.
By the 8th article of the treaty of commerce, his Majesty has engaged
to employ his good offices and interpositions with the Emperor of
Morocco, and with the regencies of Algiers, Tunis, Tripoli, and the
other powers on the coast of Barbary, in order to provide as fully as
possible for the convenience and safety of the inhabitants of the
United States, and their vessels and effects, against all violence,
insults, attacks, or depredations on the part of the said princes.
We have received information, that there are already American vessels
in Italy desirous of returning thence, and that there are merchants in
Italy desirous of entering into the American trade, but that an
apprehension of danger from the Corsairs of Barbary is a
discouragement. We therefore request your Excellency's attention to
this case, and such assistance from his Majesty's good offices, as was
intended by the treaty.
There is another thing that has occurred of late, on which we have the
honor to request your Excellency's advice. There are many Americans in
England, and in other parts of Europe, some of whom are excellent
citizens, and who wish for nothing so much as to return to their
native country, and to take their share in her fortune, whatever that
may be, but are apprehensive of many difficulties in recovering their
property.
Whether it will be practicable and consistent with his Majesty's
interest to prescribe any mode by which Americans of the above
description may be permitted to pass through this Kingdom with their
apparel, furniture, plate, and other effects, not merchandise for sale
here, without paying duties, we submit to his wisdom.
We likewise request of your Excellency a passport for such cartel ship
as shall be employed by the English in sending our people, who are
their prisoners, to France to be exchanged. They propose Calais as the
port at which the exchange may be made, but as the prisoners we have
are at Brest, and the expense of removing them to Calais would be
considerable, we should be glad that the passport would permit the
landing of our people as near Brest as may be, without danger of
inconveniency to the State.
We have the honor to be, with respect, your Excellency's, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Translation.
The General Congress of the United States of North America having
represented to the king, that the execution of the 11th article of the
treaty of amity and commerce, signed the 6th of February last, might
be productive of inconveniencies, and having, therefore, desired the
suppression of this article, consenting in return that the 12th
article shall likewise be of no effect; his Majesty, in order to give
a new proof of his affection, as also of his desire to consolidate the
union and good correspondence established between the two States, has
been pleased to consider their representations. His Majesty has
consequently declared, and does declare by these presents, that he
consents to the suppression of the 11th and 12th articles
aforementioned, and that it is his intention, that they be considered
as having never been comprehended in the treaty signed the 6th of
February last.
Done at Versailles, this 1st day of September, 1778.
GRAVIER DE VERGENNES.
Translation.
The Most Christian King having been pleased to regard the
representations made to him by the General Congress of North America,
relating to the 11th article of the Treaty of Commerce, signed the 6th
of February in the present year, and his Majesty having therefore
consented that the said article should be suppressed, on condition
that the 12th article of the same treaty be equally regarded as of
none effect; the above said General Congress hath declared on their
part, and do declare, that they consent to the suppression of the 11th
and 12th articles of the above mentioned treaty, and that their
intention is, that these articles be regarded as having never been
comprised in the treaty signed the 6th of February. In faith whereof,
&c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, September 10th, 1778.
Sir,
In a letter we have received from the Committee of Commerce of the
16th of May, we are informed, that they had ordered several vessels
lately to South Carolina for rice, and directed the continental agents
in that State to consign them to our address.
In the letter from Mr Livingston to us, dated Charleston South
Carolina, 10th June, 1778, he has subjected the cargo of the Therese
to our orders.
In your letter to us, dated Passy, 8th September, 1778, you demand,
that the cargo received in your own vessel should be sold, and the
money remitted to you in part for a discharge of what is due to you by
the Congress.
We are at a loss to know how you claim the Therese as your proper
vessel, because M. Monthieu claims her as his, produces a written
contract for the hire of her, part of which we have paid, and, the
remainder he now demands of us. However, Sir, we beg leave to state to
you the powers and instructions we have received from Congress, and to
request your attention to them as soon as possible, and to inform you,
that we are ready to enter upon the discussion of these matters, at
any time and place you please.
But until the accounts of the company of Roderique Hortalez & Co. are
settled for what is passed, and the contracts proposed either
ratified by you and us, or rejected by one party, we cannot think we
should be justified in remitting you the proceeds of the cargo of the
Therese.
We will, however, give orders to our agents for the sale of the cargo,
and that the proceeds of the sale be reserved to be paid to the house
of Roderique Hortalez & Co. or their representative, as soon as the
accounts shall be settled, or the contract ratified. By a copy of a
contract between a committee of Congress and M. Francy, dated the 16th
of April last, we perceive that the 17th article, respecting the
annual supply of 24,000,000 of livres, shall not be binding upon
either of the parties, unless the same shall be ratified by Roderique
Hortalez & Co. and the Commissioners of the United States at Paris.
We take this opportunity to inform you, Sir, that we are ready to
confer with Roderique Hortalez & Co. or any person by them authorised
for this purpose, at any time and place, that they or you shall
appoint.
We have the honor to be, Sir, your most obedient humble servants,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, 10th September, 1778.
Sir,
Captain Daniel M'Neil of Boston, in the State of Massachusetts Bay,
Commander of the American privateer, which has been so successful
against the common enemy in the North Seas and White Seas, had the
fortune to retake a French vessel from a Guernsey privateer, after she
had been in the enemy's possession three days, which prize he has
brought into Port Louis.
He represents to us, that he has met with some difficulties in
disposing of her and her cargo, which cannot be removed until your
Excellency's sentiments shall be known upon the matter.
We have the honor to recommend his case to your Excellency's
consideration, and to request that such relief may be afforded him, as
may consist with the laws of the State, and the treaties in force
between the two nations.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, September 10th, 1778.
Sir,
By some of the last ships from America, we received from Congress
certain powers and instructions, which we think it necessary to lay
before your Excellency, and which we have the honor to do in this
letter.
On the 13th of April last Congress resolved, "that the Commissioners
of the United States in France be authorised to determine and settle
with the house of Roderique Hortalez & Co. the compensation, if any,
which should be allowed them on all merchandise and warlike stores,
shipped by them for the use of the United States, previous to the 14th
day of April, 1778, over and above the commission allowed them, in the
6th article of the proposed contract between the Committee of Commerce
and John Baptiste Lazarus Theveneau de Francy."
In the letter of the Committee of Commerce to us, in which the
foregoing resolution was enclosed, the Committee express themselves
thus; "this will be accompanied by a contract entered into between
John Baptiste Lazarus de Theveneau de Francy, agent of Peter Augustine
Caron de Beaumarchais, representative of the house of Roderique
Hortalez & Co. and the Committee of Commerce. You will observe, that
their accounts are to be fairly settled, and what is justly due paid
for, as on the one hand, Congress would be unwilling to evidence a
disregard for, and contemptuous refusal of, the spontaneous friendship
of His Most Christian Majesty, so on the other, they are unwilling to
put into the private pockets of individuals, what was graciously
designed for the public benefit. You will be pleased to have their
accounts liquidated, and direct in the liquidation thereof, that
particular care be taken to distinguish the property of the crown of
France, from the private property of Hortalez & Co. and transmit to us
the accounts so stated and distinguished. This will also be
accompanied by an invoice of articles to be imported from France, and
resolves of Congress relative thereto. You will appoint, if you should
judge proper, an agent or agents to inspect the quality of such goods
as you may apply for to the house of Roderique Hortalez & Co. before
they are shipped, to prevent any impositions."
On the 16th of May last, Congress resolved, "that the invoice of
articles to be imported from France, together with the list of
medicines approved by Congress, be signed by the Committee of Commerce
and transmitted to the Commissioners of the United States at Paris,
who are authorised and directed to apply to the house of Roderique
Hortalez & Co. for such of the said articles, as they shall have
previously purchased or contracted for; that copies of the invoices be
delivered to Mons. de Francy, agent for Roderique Hortalez & Co.,
together with a copy of the foregoing resolution; and that the
articles to be shipped by the house of Roderique Hortalez & Co. be not
insured, but that notice be given to the Commissioners in France, that
they may endeavor to obtain convoy for the protection thereof."
We have the honor to enclose to your Excellency a copy of the contract
made between the Committee and Mons. Francy, a copy of Mons. Francy's
powers, and a copy of the list of articles to be furnished according
to that contract, that your Excellency may have before you all the
papers relative to this subject.
We are under the necessity of applying to your Excellency upon this
occasion, and of requesting your advice. With regard to what is
passed, we know not who the persons are who constitute the house of
Roderique Hortalez & Co., but we have understood, and Congress has
ever understood, and so have the people in America in general, that
they were under obligations to his Majesty's good will for the
greatest part of the merchandise and warlike stores heretofore
furnished under the firm of Roderique Hortalez & Co. We cannot
discover that any written contract was ever made between Congress or
any agent of theirs, and the house of Roderique Hortalez & Co., nor do
we know of any living witness, or any other evidence, whose testimony
can ascertain to us, who the persons are that constitute the house of
Roderique Hortalez & Co., or what were the terms upon which the
merchandise and munitions of war were supplied, neither as to the
price, nor the time, or conditions of payment. As we said before, we
apprehend that the United States hold themselves under obligations to
his Majesty for all those supplies, and we are sure it is their wish
and their determination to discharge the obligation to his Majesty, as
soon as Providence shall put it in their power. In the mean time, we
are ready to settle and liquidate the accounts according to our
instructions at any time, and in any manner which his Majesty and your
Excellency shall point out to us.
As the contract for future supplies is to be ratified, or not ratified
by us, as we shall judge expedient, we must request your Excellency's
advice as a favor upon this head, and whether it would be safe or
prudent in us to ratify it, and in Congress to depend upon supplies
from this quarter. Because, if we should depend upon this resource for
supplies and be disappointed, the consequences would be fatal to our
country.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Translation.
Versailles, 16th September, 1778.
Gentlemen,
I have received the letter, which you did me the honor to write to me
on the subject of the French ship Isabella, which the American
privateer General Mifflin recaptured from a Guernsey privateer.
In the General Thesis, you may see the disposition of the ordinance
of the Marine of 1681, which adjudges to captains, captors of
recaptured vessels, when they have been during twentyfour hours in the
enemy's hands, a third for the charges of rescue, when they are
retaken before the twentyfour hours. The American privateers shall
enjoy in France, without difficulty, the benefit of this law, if it
has been adopted by the United States in such a manner, as that the
French privateers may be assured of experiencing the same treatment,
with respect to the recaptures they may conduct into the ports of
North America.
The English laws, on the contrary, grant a privateer only one eighth
of the value of the vessels retaken within the first twentyfour hours,
a fifth within the second day, a third within the third and fourth,
and afterwards one half, which leaves at least, in every case, the
other half to the losing proprietors. It is possible, that the United
States, as these laws are less advantageous to the privateers and more
favorable to the original proprietors of recaptured vessels, would
give the preference to those of France.
In these circumstances, the rules of reciprocity observed between the
two powers require that arrangements be taken to adopt the law of one
of the two nations, which shall be observed by the respective
privateers, and in the meantime I am persuaded, that you will think
with me, that the American privateer, General Mifflin, ought not to
exact in France other advantages than what, in a similar case, a
French privateer would meet with in North America.
This discussion, moreover, should not take place perhaps in the
particular affair in question. I am just informed, that the French
proprietor claims his vessel as retaken from pirates, offering to pay
a third of its value to the American privateer, which delivered it.
This is agreeable to the 10th article, under the title of Prizes, of
the ordinance of 1681, which appears justly applicable to this
particular case. If it should be found, that the Guernsey privateer
falls under the description of those pirates, whose depredations have
obliged his Majesty to order general reprisals, and that she has not
been furnished with new letters of marque, which the Court of London
did not grant before the month of August, to cruise against French
vessels, as appears from the declaration of the Captain of the
Isabella, this question will be necessarily submitted to the decision
of the tribunals; and I cannot do otherwise than see, that the most
prompt justice be rendered to the American privateer. I request, at
any rate, that you will be pleased to give me your opinion on the
principal question, taking for granted the different laws of the two
nations with respect to reprisals or rescues.
I have the honor to be, &c.
DE SARTINE.
Passy, 17th September, 1778.
Sir,
We have this morning the honor of receiving your Excellency's letter
of the 16th, relative to the French brigantine, the Isabella, retaken
by the American privateer, the General Mifflin, from a Guernsey
privateer, after having been eight hours in his hands.
We have the honor to agree perfectly with your Excellency, in your
sentiments of the justice and policy of the principle of reciprocity
between the two nations, and that this principle requires that French
ships of war, or privateers, should have the same advantage in case
of prizes and recaptures, that the American privateers enjoy in
France.
We are so unfortunate, at present, as to have no copy of any of the
laws of the United States relative to such cases, and are not able to
recollect, with precision, the regulations in any of them. But we are
informed by Captain M'Neil, that by the law of Massachusetts Bay, if a
vessel is taken within twentyfour hours, one third goes to the
recaptors; after twentyfour hours until seventytwo hours, one half;
after seventytwo hours and before ninetysix hours, three quarters; and
after ninety six hours, the whole.
All that we have power to do in this case is, to convey to Congress a
copy of your Excellency's letter, and of our answer, and we have no
doubt but Congress will readily recommend to the several States to
make laws, giving to French privateers either the same advantages that
their own privateers have in such cases, in their own ports, or the
same advantages that the French privateers enjoy in the ports of this
kingdom in such cases, by the ordinance of the King. And we wish your
Excellency would signify to us, which would probably be most agreeable
to his Majesty. If the case of this vessel must come before the public
tribunal, upon the simple question, whether she was taken from a
pirate or not, that tribunal we doubt not will decide with
impartiality; but we cannot refrain from expressing to your
Excellency, that we think the original owner will be ill advised if he
should put himself to this trouble and expense.
We presume not to dispute the wisdom of the ordinance of the King,
which gives to the recaptor from a pirate only one third; because we
know not the species of pirates which was then in contemplation, nor
the motives of that regulation. But your Excellency will permit us to
observe, that this regulation is so different from the general
practice, and from the spirit of the laws of nations, that there is no
doubt it ought to receive a strict interpretation, and that it is
incumbent on the original proprietor to make it very evident, that the
first captor was a pirate.
In the case in question, the Guernsey privateer certainly had a
commission from the King of Great Britain, against American vessels at
least. But admitting, for argument's sake, that he had no commission
at all, the question arises, whether the two nations of France and
England are at war or not. And, although there has been no formal
declaration of war on either side, yet there seems to be little doubt
that the two nations have been at actual war, at least from the time
of the mutual recall of their Ambassadors, if not from the moment of
the British King's most warlike speech to his Parliament.
Now, if it is admitted that the two nations are at war, we believe it
would be without a precedent in the history of jurisprudence to
adjudge the subject of any nation to be guilty of piracy for an act of
hostility, committed at sea against the subject of another nation at
war. Such a principle, for what we see, would conclude all the
admirals and other officers of both nations guilty of the same
offence.
It is not the want of a commission, as we humbly conceive, that makes
a man guilty of piracy; but committing hostilities against human kind,
at least against a nation not at war.
Commissions are but one species of evidence that nations are at war.
But there are many other ways of proving the same thing.
Subjects and citizens, it is true, are forbidden by most civilized
nations to arm vessels for cruising against their enemies, without a
commission from the sovereign; but it is upon penalty, of confiscation
or some other, perhaps, milder punishment, not on the penalties of
piracy.
Moreover, perhaps, prizes made upon enemies by subjects or citizens,
without commission from their sovereigns, may belong to the
sovereigns, not to the captors, by the laws of most nations; but,
perhaps, no nation ever punished as pirates their own subjects or
citizens, for making a prize from an enemy without a commission.
We beg your Excellency's pardon for detaining you so long from objects
of more importance, and have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, 17th September, 1778.
Sir,
The last letter which we have had the honor to write jointly to
Congress, was of the 20th of July,[52] and as we have sent several
copies of it by different opportunities, we hope one of them, at
least, will get safe to hand. Since our last, there has been an
important action at sea, between two very powerful fleets, in which,
in our opinion, the French had a manifest and great advantage. But as
all the newspapers in Europe are full of this transaction, and we have
taken, in our separate capacities, every opportunity to transmit these
papers to Congress, we think it needless to be more particular
concerning that event in this letter.
The French fleet, on the 11th of last month, again put to sea, and on
the 22d Admiral Keppel sailed. By the best intelligence from London
the populace are amused, and the public funds are supported by hopes
given out, by administration of peace, by an acknowledgment of
American independency. But as the credulity of that nation has no
bounds, we can draw no inference from this general opinion, that such
is the intention of government. We suppose that rumor to be a
consequence of the mischievous determination of the Cabinet, to
propose independence on condition of a separate peace.
We are here, at this moment, in a state of the most anxious and
critical suspense, having heard nothing from Count d'Estaing, nor from
America, since the 11th of July.
Congress will be informed by Mr Arthur Lee, respecting the Court of
Spain.
We have taken measures in Amsterdam for borrowing money of the Dutch,
but what success we shall have we cannot yet say. We have also asked
leave of this government to borrow money in this kingdom, but having
no answer we cannot say whether we shall get permission or not. We
have yesterday applied for a continuation of the quarterly payment of
seven hundred and fifty thousand livres; what the answer will be we
know not; if it is in the negative, the consequence must be plain to
Congress and to us. It is at all times wisest and safest, both for the
representative and his constituent, to be candid, and we should think
ourselves criminal if we should disguise our just apprehensions.
Congress then will be pleased to be informed, that all the powers of
Europe are now armed or arming themselves by land or sea, or both, as
there seems to be a universal apprehension of a general war. Such is
the situation of European nations at least, that no one can arm itself
without borrowing money. Besides this, the Emperor and king of Prussia
are at actual war. All this together has produced this effect, that
France, England, the Emperor, Spain, Russia at least, are borrowing
money, and there is not one of them that we can learn, but offers
better interest than the United States have offered. There can be no
motive then but simple benevolence to lend to us.
Applications have been frequently made to us by Americans, who have
been some time abroad, to administer the oath of allegiance to the
United States, and to give them certificates that they have taken such
oaths. In three instances we have yielded to their importunity; in the
case of Mr Moore, of New Jersey, who has large property in the East
Indies, which he designs to transfer immediately to America,—in the
case of Mr Woodford, of Virginia, a brother of General Woodford, who
has been sometime in Italy, and means to return to America with his
property,—and yesterday, in the case of Mr Montgomery, of
Philadelphia, who is settled at Alicant, in Spain, but wishes to send
vessels and cargoes of his own property to America. We have given our
opinions to these gentlemen frankly, that such certificates are in
strictness legally void, because there is no act of Congress that
expressly gives us power to administer oaths. We have also given two
or three commissions by means of the blanks with which Congress
intrusted us, one to Mr Livingston, and one to Mr Amiel, to be
Lieutenants in the navy, and in these cases we have ventured to
administer the oaths of allegiance. We have also, in one instance,
administered the oath of secrecy to one of our Secretaries, and
perhaps it is necessary to administer such an oath, as well as that of
allegiance, to all persons whom we may be obliged in the extensive
correspondence we maintain to employ. We hope we shall not have the
disapprobation of Congress for what in this way has been done, but we
wish for explicit powers and instructions upon this head.
There are, among the multitude of Americans who are scattered about
the various parts of Europe, some, we hope many, who wish to take the
oath of allegiance, and to have some mode prescribed by which they may
be enabled to send their vessels and cargoes to America with safety
from their own friends, American men of war, and privateers. Will it
not be practicable for Congress to prescribe some mode of giving
registers of ships, some mode of evidence to ascertain the property of
cargoes, by which it might be made to appear to the cruisers and Court
of Admiralty, that the property belonged to Americans abroad? If
Congress should appoint Consuls, could not such power be given to
them, or would Congress empower their Commissioners or any others?
Several persons from England have applied to us to go to America; they
profess to be friends to liberty, to republics, to America; they wish
to take their lot with her, to take the oath of allegiance to the
States, and to go over with their property. We hope to have
instructions upon this head, and a mode pointed out for us to proceed
in.
In observance of our instructions to inquire into M. Holker's
authority, we waited on his Excellency, the Count de Vergennes,
presented him with an extract of the letter concerning him, and
requested to know what authority M. Holker had. His Excellency's
answer to us was, that he was surprised, for that M. Holker had no
verbal commission from the ministry; but that M. de Vergennes, being
informed that M. Holker was going to America, desired him to write to
him, from time to time, the state of things and the temper of the
people.
We have given orders to M. Bonfield, at Bordeaux, to ship to America
twentyeight 24 pounders, and twentyeight 18 pounders, according to our
instructions. By his answer to us it will take some little time,
perhaps two or three months, to get those cannon at a good rate, and
in good condition.
Our distance from Congress obliges us very often to act without
express instructions, upon points in which we should be very glad to
have their orders. One example of which is, the case of the American
prisoners in England. Numbers have been taken and confined in gaols;
others, especially masters of vessels, are set at liberty. We are told
there are five hundred yet in England. Many have escaped from their
prisons, who make their way to Paris, some by the way of Holland,
others by Dunkirk, and others by means of smuggling vessels in other
ports in this kingdom. They somehow get money to give gaolers in order
to escape, then they take up money in England, in Holland, in Dunkirk,
and elsewhere, to bear their expenses to Paris, then they apply to us
to pay their other expenses, and expenses to Nantes, Brest, and other
seaport towns. When arrived there, they apply to the American agent
for more money; besides this, bills of their drawing are brought to us
from Holland, and other places; all this makes a large branch of
expense. We have no orders to advance money in these cases, yet we
have ventured to advance considerable sums; but the demands that are
coming upon us from all quarters are likely to exceed so vastly all
our resources, that we must request positive directions whether we are
to advance money to any prisoners whatever. If to any, whether to
merchants, and seamen of private vessels, and to officers and crews of
privateers, as well as to officers and men in the Continental service.
We have taken unwearied pains, and have put the United States to very
considerable expense, in order to give satisfaction to these people,
but all we have done has not the effect; we are perpetually told of
discontented speeches, and we often receive peevish letters from these
persons in one place and another, that they are not treated with so
much respect as they expected, nor furnished with so much money as
they wanted. We should not regard these reflections if we had the
orders of Congress.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Translation.
Paris, September 18th, 1778.
Sir,
I conclude from your note of the 5th instant, that the Commissioners
of the North American Congress have informed you, that there are many
Americans in England, and other parts of Europe, who, desirous of
returning to their country, have requested permission to transport
their effects through France, without being subjected to the payment
of duties.
Such an exemption would be contrary to all rule, and could only be
granted by means of passports, which would indemnify the public chest;
you will doubtless see that such is not the case here.
This favor, however, can be shown them. The transit regularly gives
occasion for a duty on the importation, and a second on the
exportation; only one of these shall be imposed; it shall be paid at
the office of entry; the effects shall be estimated at a very moderate
rate if they are not new; they shall then be transported with free
permits, and under seal, to secure them from new examinations on the
route, until they leave the kingdom. I think you will agree, that it
would not be possible to grant them more favorable terms. I beg you to
request the Commissioners to make known to us those Americans, for
whom this favor is requested, that I may give the necessary orders,
and prevent all abuses in this respect.
I have the honor to be, &c.
NECKER.
Passy, September 20th, 1778.
Gentlemen,
Although we have not written to you directly for some time, you may be
assured we have not been unmindful of your interests, your comfort, or
your liberty. We have been engaged a long time in negotiating a cartel
of exchange. This work we found attended with many difficulties, but
at last have obtained assurances from England, that an exchange shall
take place. We have also obtained from the government of this
kingdom, a passport for a vessel to come from England to Nantes, or
L'Orient, with American prisoners, there to take in British prisoners
in exchange. We now sincerely hope that you will obtain your liberty.
We cannot certainly say, however, that all will be immediately
exchanged, because we fear we have not an equal number to be sent to
England. Those that remain, if any, will be those who have been the
latest in captivity, and consequently have suffered the least.
While the British government refused to make any agreement of
exchange, the Commissioners here never discouraged their countrymen
from escaping from the prisons in England, but on the contrary have
lent several sums of money, sufficient with great economy to bear
their expenses to some seaport, to such as have made their way hither.
But, if the British government should honorably keep their agreement
to make a regular exchange, we shall not think it consistent with the
honor of the United States to encourage such escapes, or to give any
assistance to such as shall escape. Such escapes, hereafter would have
a tendency to excite the British administration to depart from the
cartel, to treat the prisoners remaining with more rigor, and to
punish those that escape, if retaken, with more severity.
On the other hand, we have now obtained permission of this government
to put all British prisoners, whether taken by continental frigates or
by privateers, into the King's prisons, and we are determined to treat
such prisoners precisely as our countrymen are treated in England, to
give them the same allowance of provisions and accommodations and no
other. We, therefore, request you to inform us with exactness what
your allowance is from the government, that we may govern ourselves
accordingly.
We have the honor to be, with much respect and affection, your
countrymen and humble servants,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Translation.
Versailles, September 21st, 1778.
Gentlemen,
I have had the honor of receiving your note of the 17th instant. I
have no doubt that my observations on the necessity of a perfect
reciprocity between the two nations, in regard to recaptures at sea,
appear to you just. I am sorry that you have not at hand a copy of the
laws of the United States relative to this subject. Many difficulties,
which the distance of the two countries may render very frequent,
might thus have been prevented. The laws of Massachusetts Bay,
referred to by Captain M'Neil, are different from those of England,
and somewhat resemble the French. The English regulations seem to be
more favorable to the interests of commerce, (which should never be
lost sight of even in war,) by allowing half of the vessel in all
cases to the original owner. But it is particularly important, that
the different States should adopt some uniform and permanent system in
regard to this subject, so that there may not be different regulations
for each State, which the ignorance of the commanders of privateers
will prevent them from applying to different circumstances, thus
giving rise to difficulties, which might be avoided by uniform
legislation.
With regard to the recapture of the Isabella by Captain M'Neil, I have
merely indicated to you the grounds on which the owners rested their
claims in their letter to me. It is not the province of the government
to examine them; that matter comes under the jurisdiction of the
courts; if their sentence should be unfavorable to the original
owners, you will certainly agree that a third, or even a half, of the
value of the vessel ought to be deposited in the hands of a public
officer appointed for that purpose, until the two nations shall agree
upon some reciprocal regulations concerning vessels recaptured from
the common enemy.
I have the honor to be, &c.
DE SARTINE.
Translation.
Versailles, September 21st, 1778.
Sir,
I have had the honor to receive your note of the 5th instant,
informing me of the wish of the Commissioners of the United States of
North America to engage your good offices with the king, that the
necessary measures may be taken to fulfil his Majesty's engagements,
under the 8th article of the treaty of February 6th of the present
year, in reference to the Barbary Powers. I have examined the article,
and find that the king promised to employ his mediation, with the
Emperor of Morocco, and the other Barbary Powers, in order to provide
as fully as possible for the interest and security of the citizens of
the United States, and the protection of their vessels and effects
against all violence, insult, attacks, or depredations by the said
Barbary Powers or their subjects.
From the nature of this engagement, it appears to me proper to use all
means to comply with it, notwithstanding any difficulties which seem
to lie in the way; but before presenting any plan to his Majesty, it
seems to me necessary to inform him of the actual dispositions of the
United States, and of the measures they may deem desirable on the part
of France.
Do the United States wish to conclude treaties with the Barbary
Powers, or do they wish merely that our influence should be exerted to
make their flag respected by those powers? In the latter case we
should never succeed, or if we should obtain liberty of commerce for
the United States from some of them, it would be an illusory,
temporary, and precarious permission, and would infallibly expose us,
without being of the least benefit to the citizens of the United
States. The Algerines, in particular, would never acknowledge the flag
of the United States, unless it were made for their interests to do
so.
You know too well, Sir, the character of the Barbary States, and their
policy, to be ignorant of the inefficacy and dangers of such a
measure. It would probably be less difficult to induce them to
acknowledge the independence of the United States, and to conclude
treaties with this new power. It is necessary to know beforehand, what
are the instructions of the Commissioners, and whether they are
authorised to negotiate with the Barbary Powers, under the mediation
of France. If Congress has this intention, then I could receive the
orders of the king to give the Commissioners the information necessary
for entering upon a negotiation with the Barbary Powers, and we
should be able to concert effectual measures for succeeding in this
object, without exposing our own interests for those of the United
States. This negotiation will be long and arduous, but I will neglect
nothing to assure its success, if the Congress determine to prosecute
it, and you consider the king pledged to forward it. I shall wait for
your reply before making any overtures.
I have the honor to be, &c.
DE SARTINE.
Passy, 22d September, 1778.
Sir,
This will be delivered to you by Mr Jonathan Loring Austin, who was
sent the last year express to France, with the news of the convention
of Saratoga. He has resided chiefly in this kingdom from that time,
and has been employed in the service of the public a part of the time,
and his behavior from first to last has given entire satisfaction to
us. We think it our duty, therefore, to recommend him to Congress as a
gentleman of merit, of ability and diligence in business, zealously
attached to the cause of his country, and of exemplary prudence and
decency.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Translation.
Amsterdam, September 23d, 1778.
Sir,
I have the honor to transmit to you herewith the declaration, which I
am authorised to make, in order to prevent any mistake as to the
intentions of the burgomasters of the city of Amsterdam; since it will
be made evident by the above mentioned declaration, that they have not
the absurd design of concluding a convention independently of their
High Mightinesses, but only to make such preparations as are possible
to accelerate the conclusion of a treaty of commerce, when the
opportunity shall present. It is plain, that a treaty of commerce
cannot be concluded, unless the principal commercial city of the
republic gives its consent thereto, and that it cannot give its
consent without having examined the terms. This examination may as
well precede, as follow the acknowledgment of the independence of
America by the English, in which case we should gain much time.
With regard to the terms, I will explain my own views, Sir, in a very
few words, viz. that, in general, we should grant each other mutually
all the facilities necessary to render commerce as free as possible,
and that for this purpose we should take the treaty between France and
America as the basis, changing nothing except those provisions, which
cannot be applicable in the republic.
If this principle accord with the views of Congress on this subject, I
will have the above mentioned treaty examined by experienced
merchants, and communicate to you their opinion with regard to the
additions, or omissions, necessary to negotiate a treaty of commerce
between the republic and the United States of America on that basis.
If you wish for any further explanations, I beg you, Sir, to give me
information, but I think the views I have proposed so simple, that
nothing further will be necessary.
I have the honor to be, Sir, &c.
E. T. VAN BERCKEL.
Translation.
Amsterdam, September 23d, 1778.
The undersigned, Pentionary of the city of Amsterdam has the honor to
make known to those who are duly authorised by the Congress of the
United States of America, that he is empowered by the Burgomasters of
the aforementioned city, to declare in their names, that, provided the
said Congress do not enter into any engagements with the English
Commissioners, which may be hurtful or prejudicial to the commerce of
the republic of the United Provinces, directly or indirectly, the
aforesaid Burgomasters on their side will be entirely disposed, as far
as depends on them, so to direct the course of affairs, that whenever
the independence of the said United States of America shall be
recognised by the English, a perpetual treaty of amity shall be
concluded between this republic and the aforesaid United States,
containing the most extensive reciprocal advantages in relation to the
commerce of the subjects of the two powers.
The undersigned has the honor further to declare, that it is the will
of said Burgomasters, that this declaration may be employed, as shall
be thought expedient, with the necessary precaution that it shall not
come to the knowledge of those interested, to prevent, if possible,
or at least to obstruct the execution of a plan, which has no other
object than to promote mutual happiness and the true interests of the
two republics.
E. T. VAN BERCKEL.
Translation.
Versailles, September 24th, 1778.
Gentlemen,
By your note of the 28th of August, you requested free entry, with
exemption from all duties, of the effects of many Americans in Europe,
desirous of returning to their country. I have communicated your
request to M. Necker, and send you herewith his reply. You will see in
it the reasons which render it impossible to comply with your wishes,
and the arrangements which can be made to favor the Americans, who
wish to send their effects to America by the way of France.
I have the honor to be, Gentlemen, &c.
DE VERGENNES.
Passy, September 26th, 1778.
Sir,
We have considered, with some attention, the papers which you have
laid before us, containing a project of a treaty to be made between
the republic of the United Provinces, and that of the United States of
America.
As Congress have intrusted to us the authority of treating with all
the States of Europe, excepting such as have a particular commission
designed by Congress to treat with them; and as no particular
Commissioner has been appointed to treat with their High Mightinesses,
we have already taken such measures as appeared to us suitable to
accomplish so desirable a purpose, as a friendship between nations so
circumstanced as to have it in their power to be extremely beneficial
to each other in promoting their mutual prosperity. And we propose to
continue our endeavors in every way consistent with the honor and
interest of both.
But we do not think it prudent, for many reasons, to express at
present any decided opinion concerning the project of a treaty, which
you have done us the honor to communicate to us.
We cannot, however, conclude without expressing our real disposition
to treat upon an object, which, besides laying the foundation of an
extensive commerce between the two countries, would have a very
forcible tendency to stop the effusion of human blood, and prevent the
further progress of the flames of war.
We have the honor to be, with the utmost respect, Sir, your most
obedient humble servant,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, 26th September, 1778.
Sir,
Last evening we had the honor of an answer from the Count de Vergennes
to our letter respecting your goods. We enclose a copy of it to you,
and believe it will be advisable for you to wait on M. de Sartine;
perhaps he may, at first, recollect the article of the treaty, as M.
de Vergennes appears not to have done.
We have the honor to be, with great respect, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, September 26th, 1778.
Sir,
We had last evening the honor of your Excellency's letter of the 24th
of this month, in answer to ours of the 28th ult. relative to the
liberty for Americans to pass through this kingdom with their effects
in their way home, duty free, enclosing a copy of a letter from M.
Necker to your Excellency upon the same subject. We shall take the
liberty to pursue the rules prescribed by M. Necker, as there may be
occasion.
At the same time we had the honor of your Excellency's letter of the
25th, relative to Mr Izard's goods.
The question your Excellency mentions, we apprehend cannot arise in
this case, whether an enemy's ship makes merchandise the enemy's,
because by the 16th article of the treaty of commerce, your Excellency
will recollect, "that an exception is made of such goods and
merchandise as were put on board such ships before the declaration of
war, or after such declaration, if it were done without the knowledge
of such declaration. Ignorance of the declaration of war not to be
pleaded after two months."
Mr Izard's goods were shipped before any declaration of war, or at
least, two months had not passed away after the first appearance of
war, and before they were shipped.
We have referred Mr Izard to his Excellency M. de Sartine, and shall
have the honor to apply to him ourselves, according to your
Excellency's advice, as early as possible.
We have the honor to be, with the most perfect consideration, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, September 26th, 1778.
Sir,
The honorable Ralph Izard, Minister from the United States to the
Grand Duke of Tuscany, having ordered his baggage to Italy from
London, has had the luck to have it taken in an English vessel, and
carried into Marseilles. We have written to the Count de Vergennes on
the subject, who referred us to your Excellency.
We apprehend, that by the 16th article of the treaty of commerce, Mr
Izard has a clear right to a restitution of his goods. But perhaps it
will be necessary for your Excellency to transmit to Marseilles a copy
of the treaty, or some order relative to this property of Mr Izard,
which we have the honor to request.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Translation.
Versailles, September 27th, 1778.
Gentlemen,
In your letter of the 28th ult. you remind me of the promise of the
king, by the 8th article of the treaty of amity and commerce, signed
the 6th of February last, to use his exertions with the Barbary Powers
to provide for the security of the commerce and navigation of the
citizens of the United States in the Mediterranean. I have
communicated your request to M. de Sartine, to whose department it
belongs, and you will see by the reply of that minister, of which I
send you a copy, that he considers it reasonable, but requires further
explanations before he can receive the orders of the king on this
matter. I beg you gentlemen, to have the goodness to communicate them
to me, and to be assured that the king will cheerfully do all in his
power to satisfy the wishes of the United States, and promote their
views with the different Barbary powers.
I have the honor to be, Gentlemen, &c.
DE VERGENNES.
Passy, September 27th, 1773.
Sir,
We have received the letter, which your Excellency did us the honor to
write to us on the 21st inst. relative to the Isabella, retaken from a
Guernsey privateer, by Captain M'Neil, in the General Mifflin.
It is extremely probable, that Count d'Estaing has retaken several
American vessels from the English; we shall no doubt soon have
intelligence what has been done in those cases.
We have advised Captain M'Neil to leave one third of the produce of
the Isabella in the hands of such public officer, as your Excellency
shall point out, to be repaid to him, or restored to the original
proprietor of the Isabella hereafter, according to the rule which,
shall be adopted by the two nations, and to this Captain M'Neil has
agreed. Captain M'Neil will have the honor of delivering this letter
to your Excellency, and is ready to give your Excellency any assurance
you may require of him, and to take the charge of your despatches
respecting this affair; if your Excellency is disposed to do him the
honor to trust them to his care.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, September 27th, 1778.
Sir,
We received yours in which you hint, that it is wished by some of our
friends, that the Commissioners would propose a treaty to your
government. It would really be a great pleasure to them to be
instrumental in cementing a union between the two republics of Holland
and the United States, by a treaty of amity and commerce, similar to
that lately concluded with France, or varying where circumstances
might require it. But having received no answer from the Grand
Pentionary to a letter they respectfully wrote to his Excellency some
months since, expressing their disposition to such a good work, they
apprehend that any further motion of that kind, on their part, would
not at present be agreeable; though they still hold themselves ready
to enter upon such a treaty, when it shall seem good to their High
Mightinesses.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Philadelphia, September 28th, 1778.
Sir,
Your several favors up to the 28th of July came duly to our hands,
and, having been communicated to Congress, were received as agreeable
proofs of your regular correspondence. The papers which you enclosed
are with the Marine Committee, who will doubtless take occasion soon
to report upon the contents. This will be conveyed to you in a small
schooner, which, perhaps is not fit for a winter's return to this
coast. You will determine in conjunction with the Captain, whether to
send her back immediately, or to make the best use of her for the
public in your neighborhood, till a proper month for her return. She
is confided thus to your discretion.
No absolute judgment can at this instant be formed of the intended
movements of the enemy. A course of Dunlap's papers will convey to you
a general insight into the posture of our military affairs. It is not
probable that any considerable decision in the field will take place
this fall; and the councils in Britain appear to be for relinquishing
the mad project of subjugating us by arms.
It was to give conveyance to the letters of the French Minister, that
the bearer was at this season despatched to Martinique; so that you
will get further information of our affairs through the General, with
whose confidence you are so much honored. You will herewith receive
the second volume of the Journals of Congress, but lately published.
And as it was uncertain whether you had ever received the first, that
also is sent; the index at least will be new to you, and serviceable.
We are, Sir, &c.
R. H. LEE,
JAMES LOVELL.
Passy, 1st October, 1778.
Sir,
We have received the letter, which your Excellency did us the honor to
write to us on the 27th of last month, together with a copy of a
letter from the Minister of the Marine to your Excellency, of the 21st
of the same month.
Convinced of the propriety of those eclaircissements which his
Excellency demands, we had recourse to our various instructions from
Congress, and although we have power and instructions to treat and
conclude treaties with all the European Powers, to whom no particular
Minister has been sent by Congress, yet we cannot find that our powers
extend to conclude treaties with the Barbary States.
We are, nevertheless, instructed to endeavor to obtain passes for
vessels of the United States and their subjects from those powers,
through the mediation and influence of His Most Christian Majesty,
which we therefore request his Excellency to endeavor to procure,
provided he sees no danger in the attempt, or material objections to
it.
We have, however, the honor to agree with his Excellency in opinion,
that an acknowledgment of the independence of the United States, on
the part of these powers, and a treaty of commerce between them and
us, would be beneficial to both, and a negotiation to that end not
unlikely to succeed; because there has been heretofore some trade
between them and us, in the course of which our people and vessels
were well received.
We therefore submit to his Excellency's judgment, either to commence a
negotiation for passes for American vessels immediately, or to wait
until we can write to Congress, and obtain power to treat with those
States, and conclude treaties of commerce with them, when we shall
request to commence and conclude the negotiation through the mediation
and under the auspices of his Majesty. We have the honor to request
his Excellency's advice hereupon.
We address this to your Excellency, as we have done many other things,
which we suppose may be referred to other departments, because your
Excellency being the Minister for Foreign Affairs, we have understood
that we have no right to apply in the first instance to any other. But
if we have been misinformed and ill-advised in this, and there is no
impropriety in our making immediate application to other Ministers,
upon subjects we know to be in their departments, we request your
Excellency to give us an intimation of it; and for the future we will
avoid giving unnecessary trouble to your Excellency.
We have the honor to be, with sentiments of most entire respect,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, October 2d, 1778.
Sir,
We have the honor of your Excellency's letter of yesterday's date,
requiring us to give to the Sieur Fagan all the security in our power
for these vessels to transport the merchandise of France to England.
We have the honor to acquaint your Excellency, that we have
accordingly given the Sieur Fagan three different requests in writing,
to all commanders of American armed vessels to let the said vessels
and cargoes pass without molestation, which was all the security that
the laws of our country have empowered us to give.
We have the honor to be, with most entire consideration, your
Excellency's most obedient servant,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Translation.
Versailles, October 7th, 1778.
Gentlemen,
I have had the honor, to receive your letter of the 26th ult., in
which you support the pretensions of Mr Izard, Minister of the United
States for Tuscany, who claims the effects captured in the English
ship, the Nile, by the Cesar privateer from Marseilles. You have made
a mistake in citing the 16th article of the treaty between his Majesty
and the United States; the 14th article relates particularly to the
subject. It contains, however, only the usual provisions of commercial
treaties, founded on the law of nations, and I cannot see that it
applies rigorously to the present case. Mr Izard is not named in the
account of the goods of which he demands the restoration. There are no
papers, which prove that those articles, shipped by an Englishman,
addressed to Senior Martinelli for the Abbe Niccoli, are not on
account of English subjects. If the government had the decision of the
question without the interference of the Court, certainly, Gentlemen,
your assertion and that of Mr Izard would be of very great weight. But
his Majesty has granted to the captors the whole of the property
captured; the Board of Prizes has adjudged the ship Nile a lawful
capture, by their decree of the 20th ult.
Placed between the Prize Court, the captors, and the claimant, the
government cannot undertake to decide on this subject; it could pursue
that course only in case the laws were not applicable to the point in
question; but here the laws are known, they decide on claims for goods
shipped before the commencement of hostilities; and in having recourse
to the tribunals, Mr Izard may expect from them all the justice and
favor, which the citizens of the United States will always experience
in France.
I have the honor, &c.
DE SARTINE.
Translation.
Paris, 8th October, 1778.
Gentlemen,
I am persuaded that you already know that the king of the Two
Sicilies, my master, has ordered the ports of all his dominions to be
kept open to the flag of the United States of America, for which
reason, to avoid every possible mistake at this time, when the seas
are covered with the privateers of different nations, and likewise
with pirates, I request you to inform me of the colors of the flag of
the United States of America, and likewise of the form of the
clearances, the better to know the legality of the papers which it is
customary to present in ports, to gain free admission.
I have the honor to be, &c.
THE AMBASSADOR OF NAPLES.
Passy, 9th October, 1778.
Sir,
We are this moment honored with your Excellency's letter of the 8th of
this month, and we thank your Excellency for the information, that his
Majesty the king of the Two Sicilies, has ordered the ports of his
dominions to be open to the flag of the United States of America. We
should be glad to have a copy of his Majesty's edict for that purpose,
in order to communicate it to Congress, who we are confident will be
much pleased with this mark of his Majesty's benevolence.
It is with pleasure that we acquaint your Excellency, that the flag of
the United States of America consists of thirteen stripes, alternately
red, white, and blue; a small square in the upper angle, next the
flag-staff, is a blue field with thirteen white stars, denoting a new
constellation.
Some of the States have vessels of war distinct from those of the
United States; for example, the vessels of war of the State of
Massachusetts Bay have sometimes a pine tree, and those of South
Carolina, a rattlesnake, in the middle of the thirteen stripes.
Merchant ships have often only thirteen stripes, but the flag of the
United States ordained by Congress, is the thirteen stripes and
thirteen stars above described.
The commissions of ships of war belonging to the United States, as
well as those of privateers, are all signed by the President of
Congress, and countersigned by the Secretary. Each State may have a
different method of clearing vessels, outward bound, and a different
form in the papers given, therefore we are not able to give your
Excellency certain information respecting all of them. The
Massachusetts Bay has only a naval officer in each port, who
subscribes a register, a clearance, and a pass for the Castle in
Boston harbor.
We have the honor to be, &c.
B. FRANKLIN,
JOHN ADAMS.
Passy, 12th October, 1778.
Sir,
The letter your Excellency did us the honor to write to us the 7th of
this month we duly received.
In our letter of the 26th of last month, respecting the goods of Mr
Izard, on board the Nile, we cited the 16th article of the treaty of
commerce, in support of Mr Izard's claim, which your Excellency thinks
an error, and that it is the 14th article which most nearly relates to
his case. We cited the article as it stood in the original treaty,
where it is the 16th. Your Excellency cites it as it stands in the
treaty now agreed to be amended, leaving out two articles, the 11th
and 12th. But your Excellency and we mean all the same article, which
appears to us to apply to Mr Izard's case, as clearly, strictly and
fully, as it could have been contrived to do, if his case had been in
contemplation at the time when the treaty was made, and specially
meant to be provided for. The words of the article are, "that such
goods as were put on board any ship belonging to an enemy before the
war, or after the declaration of the same, without the knowledge of
it, shall no ways be liable to confiscation, but shall well and truly
be restored, without delay, to the proprietor, demanding the same.
Ignorance of the declaration of war, not to be pleaded more than two
months after the declaration."
Now by the bill of lading, which we had the honor to enclose to your
Excellency, it appears, that the goods were shipped in the month of
April last; at a time when certainly two months had not elapsed from
and after the declaration of war. But if other evidence of this fact,
viz. the time when these goods were shipped, is necessary, Mr Izard
can certainly obtain it from England, although it would be attended
with a good deal of trouble and expense.
As to the question, whether the goods are Mr Izard's property or not,
Mr Izard, in a letter to us dated the 10th of this month, assures us,
that his name is in many of the books, and that one of the boxes
contains a great number of his papers with his name upon them. That
the testimony of his merchant in London, who shipped the things, shall
be procured, if necessary, and likewise that of the merchant in
Leghorn, and the Abbe Niccoli, to whom they are addressed.
We are only desirous of what is right, and as we hold ourselves bound
to do all in our power to assist our fellow citizens in maintaining
their rights, and of omitting no advantage that they are entitled to
by the treaty, and as the treaty is so express that goods so
circumstanced shall be restored without delay, and upon demand; and as
Mr Izard apprehends he ought not to be put to the trouble, delay, and
expense of a lawsuit on this occasion, we have thought it our duty to
write again to your Excellency on the subject.
We are sensible, that his Majesty has granted the whole of the
property, which shall be taken from the enemy and shall be lawful
prize, to the captors, and the encouragement of adventurers in this
way is of so much importance to our country, as well as to this, that
we wish them to enjoy all the profits and advantages of their prizes.
But the captors in this case must be sensible, that the goods belonged
to a friend, not an enemy, and therefore not included in his Majesty's
grant.
We beg leave to lay another subject before your Excellency. There are,
we are informed, on board the Fox and the Lively, as there are in
almost every ship in Admiral Keppel's and Lord Howe's fleets, numbers
of American seamen, who abhor the service into which, by one of the
most extravagant flights of tyranny and cruelty that ever was heard of
among men, they have been forced and compelled to fight against their
country and their friends. These seamen we should be glad to deliver
from the prisons in this kingdom, and from a misery and captivity
infinitely more detestable on board of British men of war. We,
therefore, beg leave to propose to your Excellency, that an inquiry be
made, and a list taken of the natives of America among the crews of
the Fox and Lively, and the men delivered to us. This would be
attended with many happy consequences. It would relieve many of our
countrymen from present confinement, and the most dismal prospects,
and would furnish our vessels with a number of excellent sailors. It
may be proper to inform your Excellency, that before this war began,
one third part of the seamen, belonging to the then whole British
empire, belonged to America. If we were able to command the services
of all the sailors, it would be of great importance to the common
cause; it would take away one third of the whole; those employed in
the American service would be able to fight another third remaining to
Great Britain, and consequently would leave to France no more than one
third of the seamen, belonging to the British empire before the war,
for France to contend with. But alas, this is not the case. Various
causes, too many to be here explained, have concurred to prevent this.
But we are very desirous of alluring back to their country as many as
possible of those we have lost, and the plan we have now proposed to
your Excellency appears to be one probable means of doing it. We shall
suggest others hereafter, as opportunity occurs.
October 15th, 1778. Since the foregoing was written, we have
received letters from Robert Harrison, John Lemon, Edward Driver, and
John Nicols, prisoners in Denant Castle, representing that they were
taken by English frigates, in American privateers, forced into the
service on board the Fox, and now taken by the French, and praying
that we would intercede for their liberty, that they may return, if
possible, to their country.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Philadelphia, October 12th, 1778.
Gentlemen,
Congress having foreign affairs now under consideration, I shall not
write to you on that subject, more especially as it is quite uncertain
how the present papers will be conveyed. Nor shall I pretend to
unravel to you the designs of the enemy. They are very inscrutable.
The printers know as much as I do about them; therefore I send a few
of the last prints of Dunlap, which, with the Boston papers, must
decide you in opinion.
Your affectionate friend, &c.
JAMES LOVELL.
Passy, October 13th, 1778.
Sir,
We have the honor of enclosing to you a copy of M. de Sartine's answer
to our application in support of your demand of your baggage, taken on
board the Nile. We have, agreeably to your last letter, written again
to M. de Sartine requesting him to stop the sale of the things, till
you can make your objections to their being lawful prize.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, October 13th, 1778.
Sir,
We had the honor of receiving your Excellency's letter of the 7th
instant, to which we shall take the liberty of answering fully by
another opportunity. As you mention that the prize was condemned on
the 20th, Mr Izard is apprehensive, that the goods in question may be
sold before the ordinary course of law can prevent it. He therefore
desires us to request your Excellency to prevent that if possible. And
we accordingly beg the favor of your Excellency to do so. We hope
there is no impropriety in this; and that if there should be, you will
impute it to our want of information on the manner of such proceedings
here.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, October 15th, 1778.
Gentlemen,
We have received a letter from Robert Harrison of the 7th of October,
and another from John Lemon, Edward Driver, and John Nicols of the
12th, all prisoners in Denant Castle, all professing to be Americans,
who have first been compelled into the service of their enemies, and
then taken prisoners by the French.
You are not known to us, but your account of yourselves, considering
the general conduct of the English of late, is not improbable. We
cannot but feel a concern for all prisoners in such a situation, of
whom, to the lasting dishonor of the British government and nation,
there are too many on board almost every man of war in their service.
We have written to his Excellency the Minister of the Marine of this
kingdom upon the subject, and sincerely hope that something may be
done for your relief, and that of all other prisoners in your
situation.
But great care must be taken that neither we, nor more especially the
government of this kingdom, be imposed upon by attempts to set at
liberty English, Irish, Scotch, or other sailors, disaffected to the
American cause, or unprincipled in it. We, therefore, desire you to
send us a list and a short account of all the sailors, prisoners with
you, who were born in America, or have been in her service, and are
willing to subscribe the declaration, and take the oath of allegiance
to the United States of America, and to live and die by her cause. We
have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, October 16th, 1778.
Sir,
We have received yours of the 2d instant, with the declaration signed
by M. Van Berckel, and his explanatory letter to you; which gave us
much pleasure, as they show the good disposition of that respectable
body, the Burgomasters of Amsterdam, towards the United States of
America, and their willingness, as far as may depend on them, to
promote between the republic of the United Low Countries in Europe,
and the said States, "A treaty of perpetual amity, containing
reciprocal advantages with respect to commerce between the subjects of
the two nations." As that body must be better acquainted than we, with
the method of doing public business in their country, and appear to be
of the opinion, that some previous steps can be taken by them, which
may facilitate and expedite so good a work, when circumstances shall
permit its coming under the consideration of their High Mightinesses,
we rely on their judgment, and hereby request they would take those
steps, as explained in M. Van Berckel's letter.
And they may be assured, that such a treaty as is described would,
at this time, meet with no obstacles on the part of the United States
of America, who have great esteem and respect for your nation; and
that nothing will be wanting on our part to accomplish the end
proposed. We would only remark, that the mentioning it in the
declaration as a thing necessary to precede the conclusion of such a
treaty, "that the American Independence should be acknowledged by the
English," is not understood by us, who conceive there is no more
occasion for such an acknowledgment before a treaty with Holland, than
there was before our treaty with France. And we apprehend, that if
that acknowledgment were really necessary, or waited for, England
might endeavor to make an advantage of it in the future treaty of
pacification, to obtain for it some privileges in commerce, perhaps,
exclusive of Holland. We wish, therefore, that idea to be laid aside,
and that no further mention may be made to us of England in this
business.
We are, Sir, your most obedient humble servants,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Translation.
Marly, October 19th, 1778.
Gentlemen,
I have received the two letters, with which you have honored me on the
subject of the claims of Mr Izard to goods captured in the Nile. I
observed to you, in my letter of the 17th inst. that the government
could only interfere when the laws were insufficient; and that its
interposition would be misplaced, when they were plain and precise.
You must feel all the justice of this principle better than any person
whatever, and I do not doubt that cases may occur in which you may
yourselves appeal to it.
The capture of the Nile, and of her cargo, has been declared good. To
order a particular restitution, and deprive the captors of property,
which they have acquired provisionally at least, would be an
interference of the government with the laws, and would introduce a
dangerous precedent in the proceedings established by his Majesty
relative to prizes. The more firmly you are convinced that the claims
of Mr Izard are conformable to the treaty, the more ready you should
be to believe, that they will be favorably received, and the expenses
of a suit are inconsiderable. It is true, that they might have been
avoided, if Mr Izard's property had been shown before the first
sentence, because then it would only have been necessary to prove the
property, which seems to me indisputable; but in the present state of
things I am sorry that it is impossible for him to avoid the necessary
forms, to which his Majesty has subjected his allies, as well as his
own subjects.
I have the honor to be, &c.
DE SARTINE.
Passy, October 22d, 1778.
Sir,
We have just now the honor of a letter from M. de Sartine, dated the
19th, which we suppose is his Excellency's ultimatum concerning your
effects taken in the Nile, and we therefore take the earliest
opportunity to enclose you a copy of it, that you may be able to take
your measures in consequence of it, in which we suppose there is no
time to be lost.
We have the honor to be, with great respect, Sir, yours, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Translation.
Marly, October 20th, 1778.
Gentlemen,
I have replied only to the first part of your letter of the 12th
inst.; the second also contains important matter. It would, doubtless,
be desirable to restore to their country the American seamen, who have
been retained by the force of habit or by compulsion in the English
service, and to gain the double advantage of increasing the strength
of the Americans, while we destroy that of the enemy. But the means
appear to me as difficult as to yourselves, and in the present state
of things, we cannot flatter ourselves that we shall succeed in the
attempt.
You request, at the least, that the citizens of the United States,
taken since the commencement of hostilities in the English service,
should be surrendered to you. This general demand requires a serious
attention, and I shall lay it before his Majesty. With respect to the
four prisoners, whose liberation you more particularly request, it is
with great pleasure, that I transmit orders to Denant, to place them
at your disposal.
I have the honor to be, &c.
DE SARTINE.
Translation.
Hague, October 27th, 1778.
Gentlemen,
I received your favor of the 16th last Saturday. It is precisely what
I should have desired. The Grand Pentionary is highly pleased with it.
I went the same day to read it to our friend, and gave him a copy
attested by my signature. It gave him much pleasure, and he has
repeatedly assured me that it would be extremely agreeable to the
Burgomasters of the city, whom he was eager to inform how you would
answer to the measure he had engaged them to adopt, in procuring from
them authority to make the declaration[53] and write me the letter, of
which you have copies, and the duplicates of which are lodged in the
city-house. He urged me to assure you, that the mention of England
was not introduced with the design of making any thing depend on the
pleasure of that power, but merely to show the situation of the city,
which, for the present, can only wish that the English may be
prevented from making any further opposition to our mutual connexion.
In fine, he is now prepared to act on his return, at a convenient
opportunity.
The memorial of the merchants has been presented to their High
Mightinesses. Herewith I transmit that presented to the Prince last
Saturday. Our friend remitted it to me the same day, and I have
thought it deserving of a translation for your inspection. He inquired
anxiously for good news from America, and I replied, that the
situation of America was by no means critical, and that I was less
anxious about it than about this republic.
M. de Welderen has sent the reply of Lord Suffolk to the
representations of their High Mightinesses. "The Court of London," he
says, "is willing to restore all the vessels seized, with costs and
charges, and to pay for the naval stores which it shall retain; but
its ambassador will submit to their High Mightinesses a proposition to
alter the treaties on this point, and to consent to declare these
articles contraband in future."
Fortunately, unanimity is necessary to grant this consent, and
Amsterdam will not allow even the entering upon such a negotiation.
Suffolk adds, as a proof of his king's moderation, "that he has not
yet called for the aid which the republic is obliged by treaties to
furnish him;" as if the republic had guarantied to England the
monopoly of America. This is extraordinary. Three of us here believe,
that this letter was not written in England, and has only returned
hither.
The Secretary of their High Mightinesses is very much piqued, on
account of the freedom with which the Committee of merchants addressed
him, who, by reason of his equivocal answer, accused him of being in
the English interest, like the majority of the chief men here. It is
said, that it is truth only which is offensive.
I have finished the translation of the opinion of the city of
Amsterdam, inserted in the Acts of the Republic, September 8th. I am
preparing copies of it for you, Gentlemen, and for Congress. When
yours is finished, I shall forward it with the request, that you will
have two copies of it made by a skilful and exact French copyist, and
send them to Congress as duplicates and triplicates of that, which I
shall transmit to it from this place; for on the one hand, I consider
this paper important and useful to the United States, both for the
precise and authentic information which it affords relative to the
present condition, political, military, &c. of this republic, and as
an example of the evils it has drawn upon itself for the last century,
by interfering too much with the imaginary balance of power, and with
the wars of the European States, thus imposing upon itself the burden
of a standing army, which has swallowed up its navy and subjected it
to an imperious rival, &c. &c.; and on the other hand, this long paper
occupies my time, which is valuable to me, and fatigues my hand, which
unfortunately is not steady. My translation has been approved by our
friend. It would be well to have it translated into English also, and
if you had a translator who understood Dutch, I could transmit you the
original.
I am, Gentlemen, &c.
DUMAS.
Passy, October 29th, 1778.
Sir,
Upon maturely considering the letter and declaration, which we have
had the honor of receiving from you, we are of opinion, that there are
some propositions relative to that business, which can only be
properly discussed in a personal interview. We therefore wish that
you, or a person authorised by you, would meet one of us at
Aix-la-Chapelle, or any other place, which you may judge more
convenient, for conducting this business with the most perfect
secrecy.
Should this proposal meet with your approbation, you will have the
goodness to apprise us of the time and place you think proper for the
interview. It may be proper, that we should inquire for one another,
whenever we meet, under fictitious names; the fixing upon which we
also wish to leave to you.
We shall be glad of an answer as soon as is convenient to you; and
have the honor to be, with great respect, Sir, your most obedient, and
most humble servants,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, October 29th, 1778.
Sir,
We have the honor to inform your Excellency, that we are ready to
execute and exchange the declarations, concerning the omission of the
11th and 12th articles of the treaty of commerce, and to request your
Excellency to appoint a day to wait on your Excellency for that
purpose.
We have the honor to be, with the greatest respect, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Translation.
Versailles, October 30th, 1778.
Gentlemen,
I have received the reply, with which you honored me, regarding the
arrangements to be made with the Barbary powers, for the protection of
the American flag in the Mediterranean. Before the king can make any
efforts to forward your views in this respect, I think it proper, that
you should be provided with full powers from Congress, and that you
should be not only authorised to propose the presents, which you may
be expected to bestow, but also supplied with the necessary funds to
satisfy these expectations. When all these preliminaries shall be
complied with, you may rest assured, Gentlemen, that the king will
hasten to forward, as far as he is able, the wishes and views of
Congress. I have the honor to be, &c.
DE VERGENNES.
Passy, October 30th, 1778.
Sir,
We have been honored with your letter of the 26th of October, and we
thank your Excellency for the prompt and generous manner in which you
have given liberty to four of our countrymen, who were among the
prisoners at Denant. Such examples of benevolence cannot fail to make
a lasting impression on the American mind.
Since the receipt of your Excellency's letter, we have received
another from the American prisoners at Brest, by which it appears,
that there are ten of them, from four of whom only we had received
letters when we wrote before, the other six having written to us, but
their letters miscarried. We enclose a copy of this last letter, and
have the honor to request a similar indulgence to all the ten.
By a letter we received last night from L'Orient, we have the pleasure
to learn, that three vessels bound to the coast of Brazil have been
taken by his Majesty's frigates, or by French cruisers, and sent into
that port. It is very probable that the three masters of these vessels
and every one of their sailors are Americans.
We are happy in this opportunity of communicating to your Excellency
some intelligence, which we have been at some pains to collect, and
have good reason to believe exactly true. The English last year
carried on a very valuable whale fishery on the coasts of Brazil, off
the River Plate in South America, in the latitude 35 south, from
thence to 40, just on the edge of soundings, off and on, about the
longitude 65 from London. They have this year about seventeen vessels
in the fishery, which have all sailed in the months of September and
October. All the officers and almost all the men belonging to those
seventeen vessels are Americans, from Nantucket and Cape Cod in
Massachusetts, excepting two or three from Rhode Island, and perhaps
one from Long Island. The names of the Captains are Aaron Sheffield of
Newport; Goldsmith and Richard Holmes from Long Island; John
Chadwick, Francis May, Reuben May, John Meader, Jonathan Meader,
Elisha Clark, Benjamin Clark, William Ray, Paul Pease, Reuben Fitch,
Zebedee Coffin, and another Coffin, all of Nantucket; John Lock, Cape
Cod; Delano, Nantucket; Andrew Swain, Nantucket; William Ray,
Nantucket. Four or five of these vessels go to Greenland; the fleet
sails to Greenland the last of February or beginning of March.
There was published last year in the English newspapers, and the same
imposture has been repeated this year, a letter from the Lords of the
Admiralty to Dennis de Berdt, in Coleman street, informing him that a
convoy should be appointed to the Brazil fleet. But this, we have
certain information, was a forgery, calculated merely to deceive
American privateers, and that no convoy was appointed or did go with
that fleet, either last year or this.
For the captivity of a fishery so entirely defenceless, (for not one
of the vessels has any arms) a single frigate or privateer of
twentyfour or even twenty guns would be quite sufficient. The
beginning of December would be the best time to proceed from hence,
because they would then find the whale vessels nearly loaded. The
cargoes of these vessels, consisting of bone and oil, will be very
valuable, and at least 450 of the best kind of seamen would be taken
out of the hands of the English, and might be gained into the American
service to act against the enemy. Most of the officers and men wish
well to their country, and would gladly be in its service if they
could be delivered from that they are engaged in. But whenever the
English men of war or privateers have taken an American vessel, they
have given to the whalemen among their crews their choice, either to
go on board a man of war and fight against their country, or to go
into the whale fishery. So many have chosen the latter, as to make up
most of the crews of seventeen vessels.
We thought it proper to communicate this intelligence to your
Excellency, that if you found it compatible with his Majesty's service
to order a frigate from hence, or from the West Indies, to take from
the English at once so profitable a branch of commerce, and so
valuable a nursery of seamen, you may have an opportunity of doing it;
if not, no inconvenience will ensue.
We have the honor to be, &c.
B. FRANKLIN,
JOHN ADAMS.
[Mr Lee did not sign, but objected to the acknowledgment of giving up
the American subjects, captured in the enemy's vessels, as being a
favor.]
Translation.
Versailles, October 31st, 1778.
Gentlemen,
You request that a day be fixed for the interchange of declarations
relative to the omission of the eleventh and twelfth articles of the
treaty of commerce. If next Monday, November 2d, is convenient to you,
I should be glad to have the honor to receive you, and I flatter
myself you will do me the honor to dine with me on that day.
I have the honor to be, &c.
DE VERGENNES.
Translation.
Hague, November 4th, 1778.
Gentlemen,
The gentlemen from Amsterdam have returned with more strict
instructions from their constituents. They will be followed, perhaps,
by a third memorial, more forcible than the preceding. If the same
evasions continue to be practised, Amsterdam will display other
resources, which have not yet been communicated to me. The subject of
the convoy will be discussed next week. Sir J. Yorke presented a
memorial the day before yesterday, more moderate in its tone, but
equally insidious in reality, on behalf of his Court. 1. It demands
the appointment of Commissioners, with whom he may consult to settle
the intent of the treaties relative to the articles, which it is
desired to prohibit. 2. It declares that his Court is desirous, that
the republic would not grant the convoys in question, as it cannot
consent to allow the above mentioned articles to pass. He will find
formidable adversaries from Amsterdam, who are firmly resolved on an
absolute negative on these two points. A certain great personage, and
the Grand Pentionary, are already prepossessed on the subject. The
irritation against the English gains also in some of the nobility.
The project, with which you are acquainted, is prepared with some
changes and additions on the basis already known to you. It is in the
hands of the Burgomasters, who will examine the whole; after which a
copy will be delivered to me, that I may also transmit one to you, to
be examined by you in the same manner, and that your observations
thereon may be communicated to them through me.
I have been assured on behalf of the Burgomasters, that it is not
their intention to leave our future connexions dependent on Great
Britain; on the contrary, it is their wish, that in course of time,
their High Mightinesses may adopt a better system of measures, than is
at present possible; this circumstance they have thought ought not to
be concealed from you any more than their present situation, their
wishes, and their expectation that you will be ready to concur in the
steps, which it shall be in their power to take towards realising
them.
On the whole, Gentlemen, I cannot give you a more clear idea of the
whole matter, than the following; we correspond with a minority, which
has this advantage over that of England, that if this republic will
not declare itself our friend, it cannot be our enemy, on account of
the unanimity required by the constitution; this circumstance alone is
of high importance, and ought to persuade us to assist and confirm
that minority.
Every time I see our friend, he begs me not to fail to communicate to
him immediately any good news I may receive from America. He makes too
good a use of such information to allow any delay on my part.
The two letters, for which I am indebted to Mr A. Lee, have been
inserted in the Leyden Gazette. The Courier of the Lower Rhine
contains a fine eulogy on Mr Joseph Reed, member of Congress; it is
deserving of your notice. I wish I could send you the paper, but I
have only one copy, which I am about to forward to Congress.
I am, &c.
DUMAS.
Passy, November 16th, 1778.
Sir,
We have the honor of your Excellency's letter of the 6th of this
month, but as the memoir of the French surgeon, which your Excellency
proposed to transmit to us, was by some accident omitted to be
enclosed in your letter, we are ignorant of his case, and consequently
unable to inform your Excellency whether it is in our power to afford
him any relief. If your Excellency will have the goodness to send us
the memoir, we will answer your letter without delay.
In the meantime we may acquaint your Excellency, that the United
States have not adopted any precautions for sending succors to their
subjects imprisoned in England. We have ventured, without orders or
permission from the United States, to lend small sums of money to
persons who have escaped from irons and dungeons in Great Britain, to
bear their expenses to Nantes, L'Orient and Bordeaux. But we have sent
no succor to them while in England, except a small sum of money, put
into the hands of Mr Hartley, to be disposed of by him for the relief
of such as should most want it.
We shall consider every Frenchman, taken by the English on board of
American vessels, in the same light as if he was an American by birth,
and entitled to the same assistance from us as Americans are in the
same situation.
We have the honor to be, &c. &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, November 7th, 1778.
Sir,
We have the honor to enclose a copy of the declaration concerning the
11th and 12th articles of the treaty of commerce, which we have
received from his Excellency the Secretary of State for Foreign
Affairs, in exchange for a similar one signed by us, in pursuance of
the instructions of Congress.
We have also the honor to enclose copies of a correspondence with his
Excellency M. de Sartine, the Secretary of State for the Marine,
concerning cases of recaptures, that Congress may, if they judge
proper, take some resolution on this head; it seems to be equitable,
that the same rule should be observed by both nations.
We also enclose copies of a correspondence on the subject of
negotiation with the Barbary States. We do not find ourselves
authorised to treat with those powers, as they are not in Europe, and
indeed we are not furnished with funds for making them presents.
We have had the honor of a copy from the Auditor General, enclosing
the form of bills of exchange to be drawn upon us, for the interest
due upon loan office certificates, and acquainting us that this
interest will amount to two millions and a half of livres annually.
When it was proposed to pay the interest here, we had no idea of so
much being borrowed. We shall pay the most punctual obedience to these
and all other orders of Congress, as long as our funds shall last. But
we are obliged to inform Congress, that expenses on prisoners being
great, and being drawn upon by the order of Congress from various
quarters, and receiving no funds from America, we suffer the utmost
anxiety, lest we should be obliged to protest bills. We have exerted
ourselves to the utmost of our power to procure money, but hitherto
with little success. And we beg that some supplies may be sent us as
soon as possible. We are very sorry that we are not able to send to
Congress those supplies of arms, ammunition, and clothing, which they
have ordered; but it is absolutely impossible, for the want of funds,
and M. Beaumarchais has not yet informed us, whether he will execute
the agreement made for him with you or not.
We have the pleasure to inform Congress, that Mr Matthew Ridley of
Maryland has made a present to the United States of a valuable
manuscript upon naval affairs, which he has left with us. We shall
take the first opportunity of a frigate to send it to Congress.
We enclose to Congress copies of a correspondence between the
Ambassador of the king of the two Sicilies and us, which, as his
Majesty is the eldest son of the king of Spain, is considered as an
event indicative of the good will of a greater power, although, this
is respectable.
It is of great importance to penetrate the councils of an enemy, in
order to be prepared beforehand against his designs; we shall
therefore be happy to advise Congress of the intentions of Great
Britain as far as we conjecture.
We have every reason to believe, that the hostility of the disposition
of the British Court has no other bounds but those of their power.
Their threats, however, of large reinforcements and of Russian
auxiliaries, are without foundation. The interest of the king of
Prussia, and of the Empress Queen (who both choose at present to
pursue decent terms with Great Britain) to prevent a close alliance
between England and Russia, we apprehend, will prevent it. In short,
we see no probability of England's forming any alliance against
America in all Europe; or indeed against France; whereas, on the other
side, from the astonishing preparations of Spain, the family compact,
and other circumstances, and from the insolent tyranny of the English
over the Dutch, and their consequent resentment, which has shown
itself in formidable remonstrances as well as advances towards a
treaty with us, there is reason to believe, that if Great Britain
perseveres in the war, both of these powers will at length be involved
in it.
We had the honor to write to Congress on the 20th of July and the 17th
of September, of which we have sent duplicates and triplicates, and to
which we beg leave to refer. By this opportunity we shall send the
newspapers, which contain all the public intelligence.
We enclose a number of notes of hand, which have been taken from our
unhappy countrymen, who have escaped from England, to whom we have
lent money, as they had no other way of subsistence.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Translation.
Hague, November 10th, 1778.
Gentlemen,
My last of the 4th was despatched the 6th. Tomorrow will be an
important day, and will have serious consequences if Amsterdam
yields. You are already acquainted with the opinion, which will be
pronounced by the Admiralty. The committee appointed to confer with
the Admiralty on this point have made a report as follows.
1st. The conference desired by Sir J. Yorke, concerning the meaning of
the treaties relative to naval stores, shall be refused. 2dly. The
restitution of the vessels seized shall be strongly insisted on. The
Admiralty shall make certain arrangements with the merchants of the
country during these difficulties, that is, in plain English, shall
suspend the convoys, in so far as relates to the abovementioned
materials. This addition spoils all the rest.
Your friend appeared to me rather embarrassed. He has sent for the
most prudential persons on change to ask their advice concerning this
addition, which he considers arrant folly. Another person, very much
displeased with this addition, says, that if Amsterdam persists firmly
in demanding the strict observance of the treaties, and a perfect
neutrality, she can counteract this manœuvre. Otherwise the servile
submission of the nation to the lash of the English, will expose it to
that of the French also, who will deprive it of the privileges it has
heretofore enjoyed in their country, and will seize its vessels, after
the example of the English.
You may therefore expect in my next to hear of a vigorous and
successful opposition on the part of the city, or of a dreadful blow
to the commerce and navigation of this country. It may then be said,
quidquid delirant Britanni, plectuntur Belgae. It will be their own
fault.
All this will probably be delayed somewhat; for our friend has told
me, that the Provincial Assembly will not rise this week. As I cannot
see him today, because he dines out, I have sent him a letter, of
which a copy is enclosed.
I am, Gentlemen, &c.
DUMAS.
Translation.
Versailles, November 12th, 1778.
Gentlemen,
M. de Fleury has represented to me, that his only son embarked for
America in 1778, where he served the United States in the army of
General Washington, with sufficient distinction to be raised to the
rank of Lieutenant Colonel, but having been made prisoner, and
conducted to fort St Augustine, he has not yet been able to procure
his exchange, and is in the most deplorable condition. The distinction
which this young officer obtained in the service of the United States
speaks in his favor, and I am persuaded, Gentlemen, that you will
attend to the request of M. de Fleury. I should be obliged to you, if
you would include him in the first exchange of prisoners.
I have the honor to be, &c.
DE SARTINE.
Passy, November 12th, 1778.
Sir,
Last night we had a letter from Nantes, a copy of which we have the
honor to enclose to your Excellency.
The subject of it appears to us of great importance to the United
States, as well as to the individuals, Frenchmen and Americans, who
are interested in the vessels destined to America; also to a
considerable number of gentlemen and others, who are going passengers
in this fleet, and ultimately to the common cause.
It gives us great pleasure to find so large a number of vessels going
out upon this occasion. Their cargoes are much wanted to enable our
countrymen to sustain the war. We therefore most cheerfully join with
the subscribers to the letter, who have also petitioned your
Excellency, in requesting a large convoy to protect those ships quite
home to America.
Upon this occasion we cannot refrain from submitting to your
Excellency our opinion, that the more of the king's ships are sent to
America, the more certainly France maintains a superiority of naval
power in the American seas, the more likely it will be that she will
have the advantage in the conduct of the war. Because the French
having the ports and the country, the provisions, the materials, and
the artificers of America open to them, and the English being obliged
to derive all these things from Europe, the former have a vast
advantage over the latter, in the conduct of the war in that quarter
of the world; not to mention that the French ships being newer and in
better condition than the English, are better able to sustain the
American seas.
Your Excellency will excuse our suggesting one reflection, that
whatever vessels of war are sent to America, they should be
plentifully furnished with marine woollen cloths, especially blankets
and gloves, or mittens, without which it is extremely difficult for
the men to do their duty in the cold season upon that coast.
We are, &c. &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Translation.
Hague, November 13th, 1778.
Gentlemen,
The situation of affairs here is becoming extremely critical. The
resolution mentioned in my letter of the 10th, to deny convoy for
naval stores, has not yet been formally adopted. It has been decided
to determine this point next Wednesday, by the majority of voices. The
members from Amsterdam have protested against this, as contrary to the
constitution, which requires in such cases unanimity, and have entered
their protest in the books. They were, however, abandoned by all the
other cities. M. Van Berckel sustained the attacks of the whole
assembly with firmness; one might say, that he had to encounter the
whole province, and consequently the whole republic except his own
city. If the council upholds the regency, and the merchants continue
to oppose this measure, as in all probability they will, they must
succeed in their righteous cause. If the council, contrary to all
appearances, should yield, M. Van Berckel declares, that he will never
return, but will leave room for any one who wishes it to occupy his
place.
The French ambassador, on his side, declared several days ago to the
principal officers of government, and through them to the Pentionaries
of the cities, that the king expects that the republic will cause the
Dutch flag to be respected, and will protect efficiently and promptly
her commerce, in conformity with the treaties of 1674, &c. between
this country and England, on the faith of which reposes the confidence
in this flag; and if the republic does not answer to such reasonable
expectations, and undertakes to modify any part of those treaties to
the prejudice of commerce, the king is immovably fixed in his
determination, to deprive the nation of those advantages, which his
Majesty, out of pure kindness and without any obligation by treaty,
has hitherto permitted it to enjoy in the ports of France.
I have communicated this today to the friends of Amsterdam, to be made
known on change.
I shall set out in an hour for a place where my presence is considered
necessary. In the meanwhile,
I am, &c.
DUMAS.
Translation.
Versailles, November 14th, 1778.
Gentlemen,
I have submitted to the king the reasons, which might determine his
Majesty to set at liberty citizens of the United States, prisoners in
France. But he has wisely decided, that this favor ought to be granted
only to those, who have been taken from American vessels, and
compelled to serve against their country; it will, therefore be
necessary for you, Gentlemen, to cause a list to be made, certified by
yourselves, which you will have the goodness to forward to me, that
only the good and faithful subjects of the United States may enjoy the
benefit of his Majesty's favor.
I have the honor to be, &c.
DE SARTINE.
Translation.
Hague, November 20th, 1778.
Gentlemen,
I returned here last Wednesday morning, and in the afternoon was
informed by our friend, that the despotic act, which I announced to
you in my last of the 13th of November, was passed in the Assembly of
the Province, after a session of three hours; and that the preamble
with the addition, of which I gave you an account in my letter of the
10th, was adopted by a majority. The city of Amsterdam has in
consequence entered a protest against this resolution, declaring it
null, as having been adopted contrary to the forms required by the
constitution of the State, which prescribes unanimity in such cases.
The injurious consequences which may result to the city are also
exposed.
Sir J. Yorke despatched a messenger with all haste to England, with
the news of the triumph of his party. His Court will not fail to boast
of this success in Parliament and in the journals; it appears to have
been desired for this purpose. No mention will be made of the protest,
which in reality converts this success into smoke, which will soon be
dissipated; for the members from the great city declare, that if the
protest is not printed with the resolution, they will have it printed
in the city, so that at least this nation shall not be deceived. It is
easy to foresee two important consequences resulting from this
measure; one, the blow predicted in my letter of the 10th; the other,
the close of a famous banking establishment, without which the others
cannot stand.
I might enter more into details; but besides that I have not time, I
am afraid to trust them to paper. I will only add, that tomorrow
morning, the members from the great city will depart, and with them
all the glory of Belgium. The others are ashamed of their own work,
dare not boast of it, and hang down their heads. It has even been
attempted to circulate the report, that the famous resolution was
adopted unanimously, and in conformity with the wishes of the great
city.
You cannot imagine, Gentlemen, how eager are your enemies in the
present situation of affairs, to propagate reports of dissensions and
divisions between the Americans and French, and among the Americans
themselves; their object is to animate their own party, and discourage
their opponents. We may despise them and laugh at them; but your best
friends are afflicted, that we receive no news from America by the way
of France. I pray God that we may soon have some, and of the most
favorable character.
I am, Gentlemen, &c.
DUMAS.
Passy, January 1st, 1779.
Sir,
Some late proceedings of the enemy have induced us to submit a few
observations to your Excellency's superior light and judgment.
His Britannic Majesty's Commissioners, in their manifesto of the 3d of
October, have denounced "a change in the whole nature and future
conduct of the war," they have declared, "that the policy as well as
the benevolence of Great Britain has thus far checked the extremes of
war," when they tended "to distress the people and desolate the
country;" that the whole contest is changed; that the laws of
self-preservation must now direct the conduct of Great Britain; that
these laws will direct her to render the United States of as little
avail as possible to France, if they are to become an accession to
her, and by every means in her power to destroy the new connexion
contrived for her ruin. Motions have been made and supported by the
wisest men in both Houses of Parliament, to address the king to
disavow these clauses, but these motions have been rejected by
majorities in both Houses, so that the manifesto stands avowed by the
three branches of the Legislature.
Ministers of State made in Parliament a question concerning the
meaning of this manifesto; but no man who reads it, and knows the
history of their past conduct in this war, can doubt its import. There
is to be a "change in the nature and conduct of the war." A change for
the worse must be horrible indeed! They have already burned the
beautiful towns of Charlestown, Falmouth, Norfolk, Kingston, Bedford,
Egg Harbour, and German Flatts, besides innumerable single buildings
and smaller clusters of houses, wherever their armies have marched. It
is true, they left Boston and Philadelphia unhurt, but in all
probability it was merely the dread of a superior army, that in these
cases restrained their hands, not to mention that burning these towns
would have been the ruin of the few secret friends they have still
left, of whom there are more in those towns than in all America
besides. They have not indeed murdered upon the spot every woman and
child that fell in their way, nor have they in all cases refused
quarters to the soldiers, that at all times have fallen into their
power, though they have in many. They have also done their utmost in
seducing negroes and Indians to commit inhuman barbarities upon the
inhabitants, sparing neither age, sex, nor character. Although they
have not in all cases refused quarter to soldiers and sailors, they
have done what is worse than refusing quarters, they have thrust their
prisoners into such dungeons, loaded them with such irons, and exposed
them to such lingering torments of cold, hunger, and disease, as have
destroyed greater numbers than they could have had an opportunity of
murdering, if they had made it a rule to give no quarter. Many others
they have compelled by force to serve and fight on board their ships,
against fathers, brothers, friends and countrymen; a destiny to every
sensible mind more terrible than death itself.
It is therefore difficult to comprehend what they mean by a change in
the conduct of the war, yet there seems to be no room to doubt, that
they mean to threaten something more cruel, greater extremes of war,
measures that shall distress the people and lay waste the country more
than any thing they have yet done. "The object of the war is now
entirely changed." Heretofore their massacres and conflagrations were
to divide us and reclaim us to Great Britain. Now, despairing of that
end, and perceiving that we shall be faithful to our treaties, their
principle is by destroying us to make us useless to France. This
principle ought to be held in abhorrence, not only by all christians,
but by all civilized nations. If it is once admitted, that powers at
war have a right to do whatever will weaken or terrify an enemy, it is
not possible to foresee where it will end. It would be possible to
burn the great cities of Europe. The savages, who torture their
prisoners, do it to make themselves terrible; in fine, all the horrors
of the barbarous ages may be introduced and justified.
The cruelties of our enemies have heretofore more than once
exasperated the minds of the people so much as to excite
apprehensions, that they would proceed to retaliation, which, if once
commenced, might be carried to extremities; to prevent which, the
Congress issued an address exhorting to forbearance and a further
trial by examples of generosity and lenity, to recall their enemies to
the practice of humanity amidst the calamities of war. In consequence
of which, neither the Congress, nor any of the States apart, have ever
exercised or authorised the exercise of the right of retaliation. But
now, that Commissioners vested with the authority of the nation have
avowed such principles, and published such threats, the Congress have,
by a resolution of the 30th of October, solemnly and unanimously
declared that they will retaliate. Whatever may be the pretences of
the enemy, it is the manifest drift of their policy to disgust the
people of America with their new alliance, by attempting to convince
them that instead of shielding them from distress, it has accumulated
additional calamities upon them.
Nothing, certainly, can more become a great and amiable character than
to disappoint their purpose, stop the progress of their cruelties, and
vindicate the rights of humanity which are so much injured by this
manifesto. We therefore beg leave to suggest to your Excellency's
consideration, whether it would not be advisable for his Majesty to
interfere, by some declaration to the Court of London and to the
world, bearing the royal testimony against this barbarous mode of war,
and giving assurances, that he will join the United States in
retaliation, if Great Britain by putting her threats in execution
should make it necessary. There is another measure, however, more
effectual to control their designs, and to bring the war to a speedy
conclusion; that of sending a powerful fleet, sufficient to secure a
naval superiority over them in the American seas. Such a naval force,
acting in concert with the armies of the United States, would, in all
human probability, take and destroy the whole British power in that
part of the world. It would put their wealth and West Indian commerce
into the power of France, and reduce them to the necessity of suing
for peace. Upon their present naval superiority in those seas depend
not only the dominion and rich commerce of their islands, but the
supply of their fleets and armies with provisions and every necessary.
They have nearly four hundred transports constantly employed in the
service of their fleet and army in America, passing from New York and
Rhode Island to England, Ireland, Nova Scotia, and their West India
Islands, and if any one link in this chain was struck off, if their
supplies from any one of these places should be interrupted, their
forces could not subsist. Great numbers of these vessels would
necessarily fall into the hands of the French fleet, and go as prizes
to a sure market in the United States. Great numbers of seamen too
would become prisoners, a loss that England cannot repair. It is
conceived, that it would be impossible for Great Britain to send a
very great fleet after the French into those seas. Their men of war,
now in Europe, are too old, too rotten, too ill manned, and their
masts and yards are of too bad materials to endure such a navigation.
The impossibility of their obtaining provisions, artists and materials
in that country, which would be easy to the French, makes it still
clearer that they cannot send a great additional force, and the fear
of Spain's interfering, with her powerful navy, would restrain them.
Whereas France has nothing to fear in Europe from them, as the number
and excellence of their armies are an ample security against the
feeble land forces of Great Britain.
This naval superiority would open such commerce between the United
States and the French West India islands, as would enable our people
to supply themselves with the European and West India articles they
want, to send abroad the produce of the country, and by giving fresh
spirit and vigor to trade, would employ the paper currency, the want
of which employ has been one cause of its depreciation. The
maintenance of such a fleet in America, would circulate so many bills
of exchange as would likewise, in a great measure, relieve them from
that dangerous evil. And these bills would all return to France for
her manufactures, thereby cementing the connexion and extending the
trade between the two countries. Such a naval superiority would
contribute very much to extinguish the hopes of the remaining number
of persons who secretly wish, from sinister motives, to become again
subjected to Great Britain, and would enable the people of the several
States to give such consistency and stability to their infant
governments, as would contribute greatly to their internal repose, as
well as to the vigor of their future operations against the common
enemy. The late speedy supply and reparation of his Majesty's fleet at
Boston will show the advantages, which this country must enjoy in
carrying on a naval war, on a coast friendly to her and hostile to her
enemy. And these advantages will in future be more sensible, because
the appearance of the fleet before was unexpected, and the harvest in
that part of the country had been unfavorable. It is obvious to all
Europe, that nothing less is at stake than the dominion of the sea, at
least the superiority of naval power, and we cannot expect Great
Britain will ever give it up, without some decisive effort on the part
of France. With such an exertion as that of sending a superior fleet
to America, we see nothing in the course of human affairs, that can
possibly prevent France from obtaining such a naval superiority
without delay. Without it the war may languish for years, to the
infinite distress of our country, to the exhausting both of France and
England, and the question left to be decided by another war.
We are more earnest, in representing these things to your Excellency,
as all our correspondence from England, for some time, has uniformly
represented that the intention of the Cabinet is conformable to the
spirit of the manifesto, that all parties grow more and more out of
temper with the Americans; that it has become fashionable with the
minority as well as the majority and administration, to reproach us
both in and out of Parliament; that all parties join in speaking of us
in the bitterest terms, and in heartily wishing our destruction; that
great clamors are raised about our alliance with France, as an
unnatural combination to ruin them; that the cry is for a speedy and
powerful reinforcement of their army, and for the activity of their
fleet in making descents on the sea coast, while murdering and
desolating parties are let loose upon the frontiers of the Carolinas,
Virginia, Pennsylvania, New Jersey, New York, and New England, and,
that very early in the year, they will carry all these projects into
execution. This whole system may, as we conceive, be defeated and the
power of Great Britain now in America totally subdued (and if their
power is subdued there, it is reduced every where,) by the measure we
have the honor to propose.
We submit the whole merely as our opinion to your Excellency's
superior wisdom, and have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, January 2d, 1779.
Sir,
We had the honor of receiving your Excellency's letter of the 22d, and
are much obliged to you for the interest you take in what concerns the
unhappy prisoners, who may escape from England. We have not been
inattentive to that subject. There are persons who supply them at
Bordeaux, Brest, L'Orient, Nantes, and Dunkirk. A gentleman at Calais
has voluntarily done this service, for which we have directed him to
draw on us for his disbursements; and we shall as readily discharge
what may have been disbursed by your commissaries, when we have their
accounts.
As there is very little probability of prisoners coming to other
ports, we will not give your Excellency the trouble you are so good as
to offer to take.
The regulation your Excellency proposes, relative to the prisoners we
may take from the enemy and bring into the ports of France, is
entirely agreeable to us; and we shall direct our agents accordingly,
who will readily deliver such prisoners to the persons your Excellency
may appoint to receive them, having already requested us to procure
written orders from you, without which your commissaries were
unwilling to take charge of them.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Translation.
Versailles, January 13th, 1779.
Gentlemen,
I have received your letter of the 2d instant. I know that you direct
your agents, in different ports of the kingdom, to supply American
prisoners escaped or returning from England with whatever may be
necessary on their arrival; but you appear not to have given these
orders in the ports of Normandy, and I am informed, that some
prisoners, who need assistance, have appeared in those ports. It seems
to me necessary, that you should take such measures as you may judge
proper on this subject. I will transmit to you an account of the
expenses, which have been incurred up to the last of December.
I have given orders in all the ports for the reception of English
prisoners, brought in by citizens of the United States, for their
detention in the prisons destined for that purpose, and for their
usual supply of rations; a particular account of this expenditure will
be kept. You may, therefore, direct your agents in all the ports to
deliver such prisoners, on their arrival, to the Commissaries-General,
and I have the honor to be, &c.
DE SARTINE.
Passy, January 13th, 1779.
Sir,
The letter which you did us the honor to write us on the 16th of
December we have received. As we have heard nothing further of the
Congress in Germany, which you inform us was talked of, we presume
that no such measure will take place.
However, whether there be a Congress or not, we cannot comply with the
terms of the gentleman you mention, nor advise him to take any steps
in the business.
We have also the honor of your letter of the 9th of December,
informing us of your draft upon us for twentyfour thousand livres, at
one month's date, payable to Mr Grand. The bill of exchange itself has
also been presented to us and accepted.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, January 26th, 1779.
Gentlemen,
We had yesterday the honor of your letter of the 21st of this month.
You desire to know what port, or ports, is or are made free, pursuant
to the treaty? We believe that none has as yet been determined on; at
present all the ports of France are open to American vessels of all
denominations, and we are at present rather doubtful whether it would
be politic in us to apply to have any distinction made. If the
appointment of free ports would relieve us from the payment of duties,
import or export, we should apply immediately. But as we apprehend
this advantage would not be the consequence, the limits of the free
ports would be prescribed, and the same duties must be paid upon
removing goods, within or without those limits, as are now paid upon
the imports and exports. Goods, however, might be brought into such
free ports from abroad, and then landed and stand for a time, and then
exported without paying duties; but whether this would be any great
advantage to our trade, you are better judges than we. We shall be
glad of your advice upon this head, and if you think of any advantages
of considerable moment, that would arise, we shall be always ready to
apply for such an appointment.
We are sorry it is not in our power to give you any acceptable
information respecting the 8th article of the treaty, relating to the
Barbary corsairs. All we can say is, that we have applied to the
Ministry upon this head some months ago, and received satisfactory
expressions of the disposition of this government to do every thing,
which is stipulated in that article of the treaty. But some things
remain to be determined by Congress, to whom we have written upon the
subject, and we must necessarily wait their instructions.
There are two inquiries to be made, viz. which of all the nations, who
now trade with France, is the most favored, and what duties are paid
by that nation? These duties, and these only, we suppose we are to
pay, and as soon as circumstances will permit, (two of us having been
for a fortnight very ill, and one of us continuing so) we shall apply
to the Ministry for an eclaircissement upon this head, which we will
endeavor to communicate to you as soon as we shall obtain it.
We have received an answer to our last application for a convoy, from
their Excellencies Count de Vergennes and M. de Sartine; but the
answers convinced us, that M. de Sartine was under some
misinformation, or misunderstanding relative to the business, which
obliged us to write again. As soon as we shall be honored with an
answer, we will communicate the result of it to you.
Meantime we have the honor to be, with great respect, Gentlemen, your
most obedient humble servants,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, February 9th, 1779.
Sir,
It is now six months since Captain M'Neil, of the Mifflin privateer
from America, has been embarrassed with a process on account of a
French ship, which he retook from the English, after she had been
three days in their possession. The laws of France are clear with
regard to the validity of this prize, and our Captains have orders,
contained in their commissions, to submit their prizes to the laws of
the country into which they carry them, and they ought undoubtedly to
regulate their own conduct by those laws, without any regard to the
laws of America relating to this matter, which may be different in
every one of the United States, and, therefore, too uncertain to be
made the rule for judgement in the courts here. But the persons
reclaiming this prize insist, among other reasons, that their cause
should be judged by the laws of Captain M'Neil's country, because more
favorable for them.
We believe that no Americans in France will ever think of claiming
here any advantage by virtue of the laws of their own country, and it
seems not just to put those laws in force against them in France, when
it may be done to their detriment. The vexation of these kinds of
processes, and the slowness and length of these expensive proceedings
before a decision can be obtained, discourage our armed vessels, and
have tended to impress them with an opinion that their operations
against the English cannot be carried on to advantage in the European
seas. We, therefore, request your Excellency to join your
solicitations to those we have had the honor to make to M. de Sartine,
that these processes may be more speedily determined, and that the
Americans in France may be treated, in those respects, on the same
footing with the subjects of his Majesty; of which we shall be glad to
give information to the Congress, that so some popular prejudices
occasioned by these affairs may be effectually removed, and the
American armed ships be encouraged to return and cruise again upon the
coasts of England.
We have the honor to be, with the greatest consideration and respect,
&c. &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
Passy, February 10th, 1779.
Sir,
Captain Jones has represented to us his desire and intention of
returning to the Countess of Selkirk some plate, which his people took
from her house.
We apprehend that Congress would not disapprove of this measure, as
far as it should depend upon them, and we therefore consent on the
part of the United States, that this plate should be returned. This
consent is to be understood to extend no further than to the share, to
which the United States may be supposed to have a claim. The claim of
the officers and men, Captain Jones must be responsible to them for.
This plate in the whole is represented to be worth about one hundred
guineas.
We are, Sir, &c.
B. FRANKLIN,
JOHN ADAMS.
Passy, February 10th, 1779.
Sir,
As your separation from the Ranger, and the appointment of Lieutenant
Simpson to the command of her, will be liable to misinterpretations
and misrepresentations by persons, who are unacquainted with the real
cause of those facts, we hereby certify, that your leaving the Ranger
was by our consent, at the express request of his Excellency Monsieur
de Sartine, who informed us, that he had occasion to employ you in
some public service; that Lieutenant Simpson was appointed to the
command of the Ranger with your consent, after having consented to
release him from an arrest, under which you had put him.
That your leaving the Ranger, in our opinion, ought not, and cannot,
be any injury to your rank or character in the service of the United
States; and that your commission in their navy continues in full
force.
We have the honor to be, &c.
B. FRANKLIN,
JOHN ADAMS.
END OF THE FIRST VOLUME.