Читать бесплатно онлайн книгу автора The Diplomatic Correspondence of the American Revolution, Vol. 11
THE
DIPLOMATIC CORRESPONDENCE
OF THE
AMERICAN REVOLUTION.
VOL. XI.
THE
DIPLOMATIC CORRESPONDENCE
OF THE
AMERICAN REVOLUTION;
BEING
THE LETTERS OF BENJAMIN FRANKLIN, SILAS DEANE, JOHN ADAMS, JOHN JAY, ARTHUR LEE, WILLIAM LEE, RALPH IZARD, FRANCIS DANA, WILLIAM CARMICHAEL, HENRY LAURENS, JOHN LAURENS, M. DE LAFAYETTE, M. DUMAS, AND OTHERS, CONCERNING THE FOREIGN RELATIONS OF THE UNITED STATES DURING THE WHOLE REVOLUTION;
TOGETHER WITH
THE LETTERS IN REPLY FROM THE SECRET COMMITTEE OF CONGRESS, AND THE SECRETARY OF FOREIGN AFFAIRS.
ALSO,
THE ENTIRE CORRESPONDENCE OF THE FRENCH MINISTERS, GERARD AND LUZERNE, WITH CONGRESS.
Published under the Direction of the President of the United States, from the original Manuscripts in the Department of State, conformably to a Resolution of Congress, of March 27th, 1818.
EDITED
BY JARED SPARKS.
VOL. XI.
BOSTON:
NATHAN HALE AND GRAY & BOWEN;
G. & C. & H. CARVILL, NEW YORK; P. THOMPSON, WASHINGTON.
1830.
Steam Power Press—W. L. Lewis' Print.
No. 6, Congress Street, Boston.
CONTENTS
OF THE
ELEVENTH VOLUME.
LUZERNE'S CORRESPONDENCE,
CONTINUED.
To the President of Congress. Philadelphia, September 10th, 1781,
Communicating the commission of M. Holker, as Consul General of France.
To the President of Congress. Philadelphia, September 18th, 1781,
Desires the appointment of a committee, to whom he may communicate his despatches.
Communications of the French Minister to Congress. In Congress, September 21st, 1781,
Proposed mediation of the Imperial Courts.—The French Court requires the establishing of some preliminaries, as to the admission of an American Minister to the proposed Congress, and the character in which England will treat the United States.—The British Court requires the submission of its revolted subjects in America.—Necessity of vigorous operations in America.—Mr Dana's mission to St Petersburg.—The accession of Maryland to the confederacy should be followed by vigorous measures.—Mr Adams in Holland.—Aids to America.—No further pecuniary assistance can be furnished by the French Court.
To the President of Congress. Philadelphia, September 24th, 1781,
Transmitting the memorial of a Spanish subject.
Memorial of Don Francisco Rendon to the Minister of France,
Requesting the release of certain prisoners taken at Pensacola by the Spanish forces, and afterwards captured by an American vessel.
Congress to the Minister of France. Philadelphia, September 25th, 1781,
Relative to the preceding memorial.
From Congress to the King of France,
Returning thanks for aid.
The King of France to Congress,
Birth of the Dauphin.
Robert R. Livingston to M. de la Luzerne. Philadelphia, October 24th, 1781,
Announces his appointment to the Department of Foreign Affairs.
To Robert R. Livingston, Secretary of Foreign Affairs. Philadelphia, October 25th, 1781,
Expressing his pleasure at Mr Livingston's appointment.
Robert R. Livingston to M. de la Luzerne. Office of Foreign Affairs, November 2d, 1781,
Congress request permission to present to the Count de Grasse two pieces of ordnance taken at York.
To George Washington. Philadelphia, November 4th, 1781,
Acknowledging the receipt of certain papers.
To the Secretary of Foreign Affairs. Philadelphia, November 4th, 1781,
Erection of a triumphal column at Yorktown.—The United States are named before the King in the resolutions.
Robert R. Livingston to M. de la Luzerne. Office of Foreign Affairs, November 6th, 1781,
The order in which the United States and France were named, was accidental.
Robert R. Livingston to the President of Congress. Office of Foreign Affairs, November 6th, 1781,
Proposes the giving France the precedence in any subsequent acts, where the two countries are named.
Robert R. Livingston to M. de la Luzerne. Office of Foreign Affairs, November 21st, 1781,
Complains of the proceedings of the Court of Admiralty in the French islands.
Heads of a verbal Communication made to the Secretary of Foreign Affairs by the Minister of France. In Congress, November 23d, 1781,
Satisfaction of the King with the appointment of Ministers for negotiating a peace.—Refusal to accede to the mediation, unless the American Ministers were acknowledged.—Necessity of exertion in America to compel Britain to a peace.
The Answer of his Most Christian Majesty to the Articles proposed by the two Mediating Courts,
The Answer of the Court of London to the Preliminary Articles proposed by the Mediating Courts,
The verbal Answer of the King of Great Britain to the verbal Observations made by the Count de Belgiojoso, Austrian Ambassador in London,
Reply of the Mediators to the Belligerent Powers,
Answer of the Court of France to the Reply of the Mediators,
To Robert R. Livingston. Philadelphia, November 23d, 1781,
Congress to the King of France,
Congratulations on the successes of the French arms in America.—Services of de Grasse, de Rochambeau, and de Lafayette.
To Robert R. Livingston. Philadelphia, December 11th, 1781,
Enclosing papers.
To Count du Durat, Governor of Grenada. Philadelphia, December 11th, 1781,
Relative to an English ship carried into Grenada by American sailors.
Robert R. Livingston to M. de la Luzerne. Office of Foreign Affairs, December 21st, 1781,
Relative to captures.
Robert R. Livingston to M. de la Luzerne. Office of Foreign Affairs, January 19th, 1782,
Enclosing suspicious letters of Mr Deane.
To Robert R. Livingston. Philadelphia, January 20th, 1782,
Complains of the process in Massachusetts in regard to effects libelled.
Robert R. Livingston to M. de la Luzerne. Office of Foreign Affairs, January 24th, 1782,
Communicating certain resolutions.
To Robert R. Livingston. Philadelphia, January 25th, 1782,
Thanking him for the preceding.
To the President of Congress. Philadelphia, January 28th, 1782,
Propriety of instructing Mr Franklin, in relation to the acts necessary to bind the United States in their engagements with France on account of the loan raised in Holland.
The Secretary of Foreign Affairs to the President of Congress. Philadelphia, January 29th, 1782,
Communicating extracts from letters of Count de Vergennes to the French Minister, expressing the desire of France to procure the most advantageous terms for America.—Indisposition of Great Britain to a peace.—Neither Holland nor Russia are disposed to an alliance with the United States.—France cannot furnish additional supplies.
Count de Vergennes to Robert R. Livingston. Versailles, January 31st, 1782,
On his appointment to the Department of Foreign Affairs.
To Robert R. Livingston. Philadelphia, February 1st, 1782,
Instructions to Dr Franklin. In Congress, February 5th, 1782,
Empowering him to enter into engagements on the part of the United States to discharge the loan raised in Holland.
Resolves of Congress respecting the Communications made by the Minister of France. In Congress, February 8th, 1782,
Urging the necessity of further supplies from France.—Empowering Dr Franklin to raise a loan of twelve millions of livres.
To Robert R. Livingston. Philadelphia, February 18th, 1782,
Requesting the revision of a sentence of condemnation against certain prizes.
The Marquis de Bouillé to M. de la Luzerne. Without date,
Relative to the recapture of neutral ships trading to Dominica by American privateers.
Memorial of the Council of Dominica,
Same subject.
Robert R. Livingston to M. de la Luzerne. Office of Foreign Affairs, February 20th, 1782,
Case of the capture of the neutral ships trading to Dominica.
To the President of Congress. Philadelphia, March 8th, 1782,
M. de Marbois will remain as Chargé d'Affaires during his absence.
To Robert R. Livingston. Philadelphia, April 7th, 1782,
Requesting the settlement of the accounts of Baron de Kalb and others.
To George Washington. Philadelphia, April 13th, 1782,
Warlike appearances in Europe.—Want of preparation in America.—Requests information of the strength of the forces.
Count de Rochambeau to M. de la Luzerne. Williamsburgh, April 16th, 1782,
Plans and operations of the enemy.
To George Washington. Philadelphia, April 18th, 1782,
Recommending Count Beniowsky.
George Washington to M. de la Luzerne. Newburgh, April 28th, 1782,
Statement of his forces.—Enemy's force.
Communication of the French Minister to the Secretary of Foreign Affairs. In Congress, May 1st, 1782,
Representing the necessity of vigorous exertion.—The English intend to push operations with vigor.
Decree of the King's Council in France,
Relative to the exportation of merchandise taken from prizes.
To Robert R. Livingston. Philadelphia, May 7th, 1782,
Appointment of M. d'Annemours, as French Consul for the five Southern States.
Robert R. Livingston to M. de la Luzerne. Office of Foreign Affairs, May 8th, 1782,
Accounts of Baron de Kalb and others.
To Robert R. Livingston. Philadelphia, May 9th, 1782,
Applications of bearers of loan certificates for the repayment of their capital, or the payment of the interest.
Robert R. Livingston to M. de la Luzerne. Office of Foreign Affairs, May 9th, 1782,
Robert R. Livingston to M. de la Luzerne. Office of Foreign Affairs, May 12th, 1782,
The address of Congress is, Gentlemen of the Congress.
To George Washington. Philadelphia, May 17th, 1782,
Reported actions in the West Indies.
Congress to the King of France,
Congratulations on the birth of the Dauphin.
To Robert R. Livingston. Philadelphia, May 25th, 1782,
Requests the execution of certain resolutions of Congress in relation to Baron de Holzendorff.
Verbal Communication of the French Minister to the Secretary of Foreign Affairs. In Congress, May 28th, 1782,
Attempts by the English to effect a partial peace with America and with France.—The French Court refuse to treat separately.—Vigorous preparations necessary to secure a peace.
George Washington to M. de la Luzerne. Head Quarters, June 5th, 1782,
Enclosing the congratulations of the army, and offering his own on the birth of the Dauphin.
Robert R. Livingston to M. de la Luzerne. Office of Foreign Affairs, June 7th, 1782,
Accounts of Baron de Kalb, Baron de Holzendorff and others.
Robert R. Livingston to M. de la Luzerne. Office of Foreign Affairs, June 9th, 1782,
Answer to the applications of holders of the loan office certificates.
To George Washington, Commander in Chief, and other Officers of the American Army, on Hudson's River. Philadelphia, June 10th, 1782,
Birth of the Dauphin.
Congress to the King of France,
Condolence on the death of the Princess Sophia of France.
To Count de Rochambeau. Philadelphia, June 14th, 1782,
Movements of the English forces.—Plan of counter operations.
George Washington to M. de la Luzerne. Head Quarters, Newburgh, June 24th, 1782,
Impracticability of the plan of operations abovementioned.
To George Washington. Philadelphia, July 3d, 1782,
Plans of Count de Rochambeau.—Disposition of Holland to form an alliance with America.
To George Washington. Philadelphia, July 8th, 1782,
Inviting him to attend the rejoicings on the birth of the Dauphin.
Count de Vergennes to George Washington. Versailles, July 29th, 1782,
Interceding in favor of Captain Asgill.
Lady Asgill to Count de Vergennes. London, July 18th, 1782,
Imploring his interference on behalf of her son.
To George Washington. Philadelphia, August 5th, 1782,
Requesting him to communicate with M. de Vaudreuil.
To George Washington. Philadelphia, August 14th, 1782,
Liberation of American prisoners in England.—Indisposition of England to peace.
To the President of Congress. Philadelphia, September 1st, 1782,
Relative to the America, presented by Congress to the King of France.
To Robert R. Livingston. Philadelphia, September 5th, 1782,
Enclosing the preceding.
Robert R. Livingston to M. de la Luzerne. Office of Foreign Affairs, September 12th, 1782,
The Marquis de Vaudreuil to M. de la Luzerne. Boston, September 20th, 1782,
Expressing his gratification at the offer of the America.
To the President of Congress. Philadelphia, September 23d, 1782,
Desires the appointment of a committee with whom he may communicate.
George Washington to M. de la Luzerne. Head Quarters, September 24th, 1782,
The British meditate an attack on the squadron of M. de Vaudreuil.—Has taken measures to counteract their schemes.
Communication of the French Minister to a Committee of Congress. In Congress, September 24th, 1782,
The British Court indulge the idea of separating France and America.—Congress should take measures to destroy any hopes of such a result.—It is desirable that the negotiations should be conducted in Europe.—State of the negotiation.—The French cabinet refuse to treat except in conjunction with their allies.
To Robert R. Livingston. Philadelphia, September 27th, 1782,
Communicating a decree of the French Council, relative to the fraudulent importation of English goods into America.
To George Washington. Philadelphia, September 29th, 1782,
State of the negotiations for peace.
To George Washington. Philadelphia, October 1st, 1782,
Requesting him to facilitate the entrance of M. Barbe into New York.
Report of a Committee of Congress on Communications made by the French Minister. In Congress, October 3d, 1782,
Congress will listen to no propositions for a separate peace.—They rely on the support of France to their demands in regard to boundaries, the fisheries, and the navigation of the Mississippi.—Difficulties attending any restitution of, or compensation for confiscated property.
To the President of Congress. Philadelphia, October 16th, 1782,
Desiring an interview with a committee of Congress.
George Washington to the President of Congress. Head Quarters, October 25th, 1782,
Receives the letters relative to Captain Asgill, and transmits them to Congress.
To George Washington. Philadelphia, October 25th, 1782,
Repayment of sums expended for French service.
George Washington to M. de la Luzerne. Head Quarters, October 25th, 1782,
Case of Captain Asgill.
To the President of Congress. Philadelphia, October 28th, 1782,
Complains that the English fleet is supplied with provisions by citizens of the United States.
Robert R. Livingston to M. de la Luzerne. Office of Foreign Affairs, October 30th, 1782,
Case of the seizure of an American prize by the French authorities at St Domingo.
To Robert R. Livingston. Philadelphia, November 4th, 1782,
Desires the passing of laws corresponding to the thirteenth Article of the treaty of commerce.
To George Washington. Philadelphia, November 6th, 1782,
The enemy are supplied with provisions by Americans.
To Count de Dillon, Governor of St Christopher's. Philadelphia, November 8th, 1782,
Affair of the Lætitia.
To Sir Guy Carleton. Philadelphia, November 9th, 1782,
Enclosing resolutions of Congress relative to Captain Asgill.
To Sir Guy Carleton. Philadelphia, November 9th, 1782,
Requesting him to permit the exchange of M. de la Touche.
To George Washington. Philadelphia, November 12th, 1782,
Apology for corresponding with General Carleton.
George Washington to Captain Asgill. Head Quarters, November 13th, 1782,
Enclosing the resolution of Congress relative to him.
George Washington to M. de la Luzerne. Head Quarters, November 13th, 1782,
Regrets that he is unable to prevent the supplying of the enemy with provisions.
George Washington to Count de Vergennes. Head Quarters, Newburgh, State of New York, November 21st, 1782,
Affair of Captain Asgill.
Robert R. Livingston to M. de la Luzerne, Office of Foreign Affairs, November 26th, 1782,
Mr Jefferson appointed Minister for negotiating a peace.
To Robert R. Livingston. Philadelphia November 29th, 1782,
Expresses his satisfaction with Mr Jefferson's appointment.
To George Washington. Philadelphia, November 30th, 1782,
Relative to the supplying the enemy with provision.
To Robert R. Livingston. Philadelphia, December 11th, 1782,
To George Washington. Philadelphia, December 18th, 1782,
Enclosing a letter for his perusal.
To the Marquis de Vaudreuil. Philadelphia, December 18th, 1782,
The Danaë aground in the Chesapeake.
To the President of Congress. Philadelphia, December 26th, 1782,
Expressing his Majesty's gratification with the proceedings of Congress relative to the birth of the Dauphin.
Substance of a verbal Communication from the French Minister. Office of Foreign Affairs, December 30th, 1782,
State of the negotiations.—Lord Shelburne's policy deceitful.—Proposed mediation.
To the President of Congress. December 31st, 1782,
Satisfaction of the King with the conduct of Congress, in regard to the overtures of the English in America, and the unanimity with which the States determine not to treat separately.
Resolves of Congress on the departure of the French Army. In Congress, January 1st, 1783,
Recommending the army to his Majesty's favorable notice.—Declaring their high sense of the merits and services of the Count de Rochambeau.
To Robert R. Livingston. Philadelphia, January 10th, 1783,
The capitulations permitting exportations from the islands captured by the French to British ports will not be renewed.
To Robert Morris. Philadelphia, March 15th, 1783,
Loan of six millions procured by France for America.—Conditions of the loan.—It will be impossible to furnish further supplies.—Necessity of establishing a public revenue in the United States.
To George Washington. Philadelphia, March 15th, 1783,
Conclusion of preliminaries of peace.—Necessity of continuing preparations with vigor to secure favorable terms definitively.
To Robert R. Livingston. Philadelphia, March 18th, 1783,
George Washington to M. de la Luzerne. Head Quarters, March 19th, 1783,
Agrees that the articles of the treaty are so inconclusive as to render a hostile attitude still necessary.—Will endeavor to prevent the supplying of the enemy with provisions.
Minutes of a verbal Communication from the Minister of France. Office of Foreign Affairs, March 22d, 1783,
No essential difference exists between England and France, but the latter will act only in conjunction with her allies.—If military operations in America should cease, and the war be continued elsewhere, the United States may exclude the English from intercourse with them.
George Washington to M. de la Luzerne. Head Quarters, March 29th, 1783,
Congratulations on the peace.
To George Washington. Philadelphia, April 10th, 1783,
The French troops in America will return immediately.
To Robert R. Livingston. Philadelphia, April 29th, 1783,
Requests him to inform Congress of the intended departure of the French forces.
George Washington to M. de la Luzerne. Head Quarters, May 13th, 1783,
Inviting him to be present at the rejoicings on account of peace.
To Robert R. Livingston. Philadelphia, May 19th, 1783,
Affair of Mr Durham.—Complaints against Commodore Gillon.
Count de Vergennes to M. de Lafayette. Versailles, June 29th, 1783,
Definition of a Free Port.
To the President of Congress. Philadelphia, September 17th, 1783,
Communicating the following letter, and requesting information as to the measures taken in regard to the subject.
Count de Vergennes to M. de la Luzerne. Versailles, March 10th, 1783,
Circumstances under which the last loan was obtained from France.—Contract made on the occasion.
To the President of Congress. Philadelphia, November 2d, 1783,
General peace.—Commercial arrangements.
To George Washington. Philadelphia, November 21st, 1783,
His testimony in favor of the French officers.—Congratulations on the evacuation of New York.
M. de Calonne to M. de Lafayette. Versailles, January 9th, 1784,
L'Orient, Bayonne, Dunkirk, and Marseilles, will be declared free ports in favor of the Americans.—The commercial intercourse of the two countries will be favored by all possible facilities.
To the President of Congress. Annapolis, January 29th, 1784,
Requests to be informed what measures have been taken by Congress relative to the contract for loans made by France.
To the President of Congress. Annapolis, January 30th, 1784,
Appointment of French Consuls in America.
To the President of Congress. Annapolis, February 18th, 1784,
Accounts of M. de la Radière.
To the President of Congress. Annapolis, April 6th, 1784,
Arrival of portraits of the King and Queen of France for Congress.
To the President of Congress. Annapolis, April 9th, 1784,
Requests to be informed what arrangements have been made relative to the loans procured from France.
Count de Vergennes to M. de la Luzerne. Versailles, December 24th, 1783,
Free ports in France.
Congress to the King of France,
Reception of the portraits of his Majesty and his consort.
To the President of Congress. Office of Finance, April 16th, 1784,
Enclosing letters of Lafayette on the commercial relations of France and America.—Services of Lafayette in that matter.
To the President of Congress. Annapolis, April 21st, 1784,
Intends to return to France.—Pleasure afforded by his residence in the United States.—Leaves M. de Marbois Chargé d'Affaires.
To the President of Congress. Philadelphia, April 28th, 1784,
Claims of the heirs of Baron de Kalb.—Case of M. de Fleury.
To the President of Congress. Philadelphia, May 6th, 1784,
Nomination of a Vice Consul at Charleston.
To the President of Congress. Philadelphia, May 13th, 1784,
Expresses his regret on leaving America.—Case of M. de Fleury and of the heirs of Baron de Kalb.
Congress to M. de la Luzerne. In Congress, May 17th, 1784,
Regretting his departure.
To John Jay, Secretary of Foreign Affairs. Paris, (date uncertain) 1787?
Requesting him to present to Congress his letter of recall from his intended mission to America.
ROBERT R. LIVINGSTON'S CORRESPONDENCE.
Organization of a Foreign Department. In Congress, January 10th, 1781,
Appointment of a Secretary of Foreign Affairs. In Congress, August 10th, 1781,
Election of Mr Livingston.
To Major General Nathaniel Greene. Philadelphia, October 20th, 1781,
Desires to open a correspondence with him.—Congratulations on his successes.
To Governor George Clinton, of New York. Philadelphia, October 22d, 1781,
Congratulations on the capture of Cornwallis.—Requests information.
To the President of Congress. Philadelphia, October 29th, 1781,
Requests permission to examine the Secret Journals and papers of Congress.
Circular to the Governors of the States. Philadelphia, November 12th, 1781,
Requesting a return of the damage done by the British in the respective States.
To the President of Congress. Philadelphia, November 18th, 1781,
Payment of the foreign Ministers.—Allowance for different agents.—Affair of Mr John Temple.
To the President of Congress. Philadelphia, November 25th, 1781,
Enclosing certain papers.
General Greene to Robert R. Livingston. Camp Round O, South Carolina, December 13th, 1781,
State of affairs in the south.
To the President of Congress. Philadelphia, January 18th, 1782,
Mr Deane's letters.
To Governor Jonathan Trumbull of Connecticut. Philadelphia, January 22d, 1782,
Enclosing copies of Mr Deane's letters, confirming the charges against him.—Desires an account of the damage done by the British in Connecticut.
To the President of Congress. Philadelphia, January 25th, 1782,
Proposing certain changes in the organization of his department.
To Major General Greene. Office of Foreign Affairs, Philadelphia, January 31st, 1782,
Military operations in Europe.—State of the negotiations.—Important influence of success in America on the same.
Circular Letter to the Governors of the States. Philadelphia, February 18th, 1782,
Transmitting resolutions of Congress, relative to uniformity in the laws concerning foreigners, and to boundaries of the respective States.
To Governor Rutlege of South Carolina. Office of Foreign Affairs, Philadelphia, February 19th, 1782,
Desires to open a correspondence with him.
Circular Letter to the Governors of the States. Philadelphia, February 19th, 1782,
Results of the last campaign.—Present disposition and means of England, Holland, Spain, and France.—Necessity of exertion at home.—Urges the adoption of measures for raising regular supplies.
To the President of Congress. Office of Foreign Affairs, February 21st, 1782,
Recommends a rehearing of the cases of the Dutch ship Resolution, and of the Flemish brigantine Eeirsten, captured by American privateers, and condemned by the American Courts.
Regulations for the Department of Foreign Affairs. In Congress, February 22d, 1782,
To the President of Congress. Office of Foreign Affairs, February 23d, 1782,
Organization of his department.
To the President of Congress. Office of Foreign Affairs, February 26th, 1782,
Questions relative to the distribution of the prize money from the prizes made by the Bon Homme Richard.
To Robert Smith, Commercial Agent at Havana. Philadelphia, February 26th, 1782,
Desires information relative to the Island of Cuba.
To Don Francisco Rendon. Philadelphia, March 6th, 1782,
Answer to questions relative to the military force; the resources of the United States; the probable extent of their commerce with Spain; means of preventing an illicit commerce with the Spanish Colonies; Spain will be permitted to build and arm ships in the United States.
To John Paul Jones. Philadelphia, April 17th, 1782,
Enclosing the protest of the commander of a Dutch ship.—Requesting information as to the distribution of the prize money among the crew of his squadron.
Thomas S. Lee to Robert R. Livingston. Annapolis, in Council, April 19th, 1782,
Robert Morris to Robert R. Livingston. Office of Finance, April 27th, 1782,
Desires to be furnished with an account of the salaries of the foreign Ministers.
Circular Letter to the Governors of the States. Office of Foreign Affairs, Philadelphia, May 2d, 1782,
The British cabinet refuses to admit the interference of the mediating powers between England and her Colonies.—Attempts will be made to open negotiations with the separate States.—Necessity of adopting decisive and vigorous measures to counteract this policy.—Languidness on the part of the States.
To Robert Morris. Philadelphia, May 8th, 1782,
Salaries of Ministers.
To the President of Congress. Office of Foreign Affairs, May 8th, 1782,
Expenses of the foreign department.—Expenses of the Ministers abroad.—Enclosing resolutions regulating the allowance, &c. to the Ministers.
Charles Thomson to Robert R. Livingston. May 9th, 1782,
Places assigned to the Heads of Departments in Congress, on occasion of a public audience of the French Minister.
To the Commander in Chief, and Major General Greene. Philadelphia, May 13th, 1782,
Intelligence of the birth of the Dauphin.
To the President of Congress. Philadelphia, May 13th, 1782,
Proposing an expression of the inviolable attachment of the United States to the alliance with France.
Office of Foreign Affairs, May 13th, 1782,
Resolution above referred to.
To the President of Congress. Philadelphia, May 15th, 1782,
Proposing a resolution, granting Mr Jay permission to leave Madrid for France or Holland, if he thinks proper.
Office of Foreign Affairs, May 15th, 1782,
Resolution above mentioned.
To Richard Harrison of Cadiz. Philadelphia, May 21st, 1782,
Professions of kindness from the British commander treated with distrust in America.
To the President of Congress. Philadelphia, May 21st, 1782,
Enclosing drafts of letters to Mr Dana.
George Washington to Robert R. Livingston. Head Quarters, May 22d, 1782,
Preparations to celebrate the birth of the Dauphin.
Governor Trumbull to Robert R. Livingston. Hartford, May 23d, 1782,
Enclosing copies of letters to Mr Deane.
To the President of Congress. Office of Foreign Affairs, June 5th, 1782,
To Robert Morris. Office of Foreign Affairs, June 6th, 1782,
Requesting information relative to interest due on Loan Office certificates.
To Robert Morris. Office of Foreign Affairs, June 6th, 1782,
Robert Morris to Robert R. Livingston. Office of Finance, June 7th, 1782,
Congress have applied to the States for a duty on imports, to pay the debt.
To Governor Trumbull. Office of Foreign Affairs, June 12th, 1782,
Mr Deane.
Governor Greene to Robert R. Livingston. Newport, June 15th, 1782,
Enclosing a letter of congratulation on the birth of the Dauphin.
Robert Morris to Robert R. Livingston. Office of Finance, June 20th, 1782,
Requesting him to make estimates of the expense of his department.
Robert Morris to Robert R. Livingston. Office of Finance, June 20th, 1782,
Persons having claims on the United States must account with vouchers.
The Governor of North Carolina to Robert R. Livingston. North Carolina, June 24th, 1782,
Military preparations of the State.—The State records being dispersed, is unable to furnish an estimate of the damages done by the British.—Transmits a map, showing the boundaries of the State.
To the Minister of France. Philadelphia, July 3d, 1782,
Transmitting the letter of congratulation on the birth of the Dauphin, from the authorities of Rhode Island.
To William Lee, at Brussels. Philadelphia, July 18th, 1782,
Dr Franklin is directed to discharge his demands.
Governor Martin to Robert R. Livingston. North Carolina, August 20th, 1782,
Disposition of North Carolina towards the enemy.—No overtures will be listened to by that State.
To the President of Congress. Philadelphia, August 23d, 1782,
Accounts of the Ministers.
To William Moore, President of the Council of Pennsylvania. Office of Foreign Affairs, September 8th, 1782,
Urging the passing of laws conformable to the treaty of commerce and amity with France.
To Governor Weare, of New Hampshire. Office of Foreign Affairs, September 9th, 1782,
Case of Mr Mc Clintock.
To the President of Congress. Office of Foreign Affairs, September 9th, 1782,
Requests leave of absence.
To Governor Martin, of North Carolina. Office of Foreign Affairs, September 9th, 1782,
Requests that further documents relative to the boundaries of North Carolina may be transmitted.
To the President of Congress. Office of Foreign Affairs, September 11th, 1782,
M. Dumas.—Mr Adams's accounts.—Mr Deane's accounts.
To the President of Congress. Office of Foreign Affairs, September 12th, 1782,
Enclosing papers.
To the President of Congress. Philadelphia, September 12th, 1782,
Services of M. Dumas.—Objections to appointing him Chargé d'Affaires.
To the President of Congress. Office of Foreign Affairs, September 12th, 1782,
Resignation of Mr Laurens.—His salary continued.—False account of his conduct in England.
Circular to the Governors of the States. Office of Foreign Affairs, September 12th, 1782,
Enclosing a resolution of Congress.—Complains that former resolutions have not been complied with.
Circular to the Governors of the States. Office of Foreign Affairs. September 15th, 1782,
Reception of Mr Adams by the States-General.
General Greene to Robert R. Livingston. Head Quarters, October 2d, 1782,
Celebration of the birth of the Dauphin.
To the President of Congress. Philadelphia, October 29th, 1782,
Recommending Mr Harrison to the notice of Congress.
To Thomas Jefferson. Philadelphia, November 13th, 1782,
Transmitting his appointment as Minister Plenipotentiary for negotiating a peace.
To Governor Matthews, of South Carolina. Philadelphia, November 20th, 1782,
Requests information relative to debts contracted by Mr Gillon on behalf of South Carolina.
To Thomas Barclay. Philadelphia, November 26th, 1782,
Transmitting his appointment as Commissioner for adjusting the accounts of Congress in Europe.
Thomas Jefferson to Robert R. Livingston. Chesterfield, November 26th, 1782,
Accepting his appointment as Minister.
To the President of Congress. Philadelphia, December 2d, 1782,
Offers his resignation.—Inadequacy of the allowance.
To Richard Harrison. Philadelphia, December 5th, 1782,
State of military affairs in America.
To the President of Congress. Office of Foreign Affairs, December 9th, 1782,
The Count de Rochambeau orders his troops to embark for the West Indies.—Forces remaining.
To the President of Congress. Philadelphia, December 16th, 1782,
Extracts from a letter of Mr Jay relative to the Western boundary.
General Greene to Robert R. Livingston. Head Quarters, South Carolina, December 19th, 1782,
Evacuation of Charleston.
To the Committee of Congress appointed to repair to Rhode Island. Philadelphia, December 20th, 1782,
Improbable that any further supplies will be furnished by France.—Nothing is to be expected from Spain.
To the President of Congress. Philadelphia, December 22d, 1782,
Conclusion of the treaty of commerce with Holland.
Governor Martin to Robert R. Livingston. North Carolina, December 23d, 1782,
Is unable to transmit an account of the damages done by the British, without an Act of the Assembly.
Circular to the Governors of the States. Philadelphia, December 23d, 1782,
Enclosing a copy of Mr Oswald's commission to treat with the United States.
To William Greene, Governor of Rhode Island. Philadelphia, January 4th, 1783,
Foreign loans and grants since 1779.—Spain.—Portugal.—Holland.—France.
Thomas Jefferson to Robert R. Livingston. Baltimore, February 7th, 1783,
Prevented from sailing by English cruisers.
Thomas Jefferson to M. de la Luzerne. Baltimore, February 7th, 1783,
Is unwilling to expose the French frigate offered to convey him, on his account.
To General Greene. Philadelphia, February 14th, 1783,
Importance of the evacuation of Charleston.—Prospect of peace on favorable terms.
To Thomas Jefferson. Philadelphia, February 14th, 1783,
Enclosing a resolution of Congress.
To Thomas Jefferson. Philadelphia, February 18th, 1783,
Congress will be unwilling to lose his services, if the negotiations are not concluded.
To the President of Congress. Office of Foreign Affairs, February 18th, 1783,
Enclosing letters from Mr Jefferson and Mr Lee.
To the President of Congress. Philadelphia, February 26th, 1783,
Inexpediency of keeping Mr Dana at St Petersburg.
To George Washington. Philadelphia, February 26th, 1783,
Great Britain appears disposed to peace.—State of the negotiations.
To George Washington. Philadelphia, March 12th, 1783,
Signing of the Preliminary Articles.—Mr Oswald proposes that the British forces in America be permitted to embark for West Florida without molestation.
To General Greene. Philadelphia, March 12th, 1783,
Signing of the preliminaries.—Remaining obstacles in the way of a definitive treaty.
To the President of Congress. Office of Foreign Affairs, March 13th, 1783,
Probability of an expedition against West Florida.
To the President of Congress. Office of Foreign Affairs, March 18th, 1783,
Appearances of distrust of France in the signing of the preliminaries, and the insertion of the Separate Article.—Evils which may arise from these measures.—Proposes that Congress adopt resolutions, directing the communication of the article to the French Minister, and declaring the preliminaries are not to take effect until peace is signed between France and Great Britain.
Circular to the Governors of the States. Philadelphia, March 18th, 1783,
Forwarding a copy of the preliminary treaty.—The conclusion of the definitive treaty is yet uncertain.—Warlike preparations are continued by France and England.—Desires that an account of the damage done by the enemy may be transmitted to him.
To the President of Congress. Office of Foreign Affairs, Philadelphia, March 21st, 1783,
Enclosing a letter from Mr Barclay.
To George Washington. Philadelphia, March 24th, 1783,
Intelligence of a general peace.
To Sir Guy Carleton. Philadelphia, March 24th, 1783,
The French cruisers are recalled.—Expresses a wish that measures may be taken by the English commanders to discontinue hostilities.
To Rear Admiral Digby. Office of Foreign Affairs, Philadelphia, March 24th, 1783,
Desiring that measures may be concerted for the cessation of hostilities.
Sir Guy Carleton to Robert R. Livingston. New York, March 26th, 1783,
Does not feel authorised to order a cessation of hostilities without official communication. Presumes that Congress will immediately release prisoners of war.
Admiral Digby, to Robert R. Livingston. New York, March 27th, 1783,
Cannot withdraw his cruisers until the reception of official accounts.
To the President of Congress. Office of Foreign Affairs, March 28th, 1783,
Moneys remaining in his hand.
To Thomas Jefferson. Philadelphia, April 4th, 1783,
His departure is rendered unnecessary by the peace.
William Paca to Robert R. Livingston. In Council, Annapolis, April 4th, 1783,
Measures taken to ascertain the damages done by the British.
Sir Guy Carleton to Robert R. Livingston. New York, April 6th, 1783,
Receives official information of the conclusion of peace.—Liberation of prisoners.—Restitution of confiscated estates.
Admiral Digby to Robert R. Livingston. Lion, off New York, April 6th, 1783,
Recall of British cruisers.
To the President of Congress. Office of Foreign Affairs, April 10th, 1783,
Communicating the preceding letters.—Doubts as to the time of the cessation of hostilities.
To the President of Congress. Philadelphia, April 10th, 1783,
Encloses a draft of a Proclamation for the suspension of hostilities.
To Gen. Greene. Philadelphia, April 12th, 1783,
Communicating the Proclamation of the suspension of hostilities.
To Sir Guy Carleton. Philadelphia, April 12th, 1783,
Cessation of hostilities.
To Rear Admiral Digby. Philadelphia, April 12th, 1783,
Recall of American cruisers.—Captures made subsequent to the 3d of March on the American coast.
To George Washington. Philadelphia, April 12th, 1783,
Congratulations on the peace.—No time fixed for the evacuation of New York.
Circular to the Governors of the States. Philadelphia, April 12th, 1783,
Congratulations on the peace.
Sir Guy Carleton to Robert R. Livingston. New York, April 14th, 1783,
Requests the appointment of an agent of Congress to superintend the embarkations on the evacuation of New York.
To the President of Congress. Philadelphia, April 21st, 1783,
Inexpediency of advancing the sums required by Mr Dana, in case of a treaty with Russia.
George Washington to Robert R. Livingston. Head Quarters, April 22d, 1783,
Liberation of prisoners.
George Washington to Robert R. Livingston. Head Quarters, May 13th, 1783,
Indecisive interview with Sir Guy Carleton.—Disinclined to give up Long Island.
To the Chairman of a Committee of Congress. Philadelphia, May 19th, 1783,
Desires to retire from his office.—His expenses have exceeded the salary.
To Joseph Nourse. Philadelphia, May 26th, 1783,
Account of the moneys received from Holland, France, and Spain.
To the President of Congress. Philadelphia, June 2d, 1783,
Transmitting a letter from M. Dumas.
ROBERT MORRIS'S CORRESPONDENCE.
Organization of the Finance Department. In Congress, February 7th, 1781,
To the President of Congress. Philadelphia, March 13th, 1781,
Objections to accepting the office of Superintendent of Finance.—Conditions on which he will enter the post.
Proceedings in Congress,
Resolutions empowering Mr Morris to appoint his own assistants.
To a Committee of Congress. Date uncertain,
Powers necessary for conducting the affairs of his department.—Officers that must be subject to his control.
Proceedings in Congress,
Relative to the appointment and removal of officers by the Superintendent of Finance.
[Pg xxviii]To the President of Congress. Philadelphia, May 14th, 1781,
Causes which will delay his entering on the duties of his office.—Requests that all past transactions may be adjusted, and that all debts remaining due may be funded.
To the President of Congress. Philadelphia, May 17th, 1781,
Enclosing a plan for a National Bank.
To the President of Congress. Philadelphia, May 23d, 1781,
Requests to be authorised to import specie at the risk of Congress.
To Alexander Hamilton. Philadelphia, May 26th, 1781,
Reasons for the small capital of the bank.
To Major General Philip Schuyler. Philadelphia, May 29th, 1781,
Requesting him to purchase flour.—Pledges himself in his public and private capacity to advance the money for the same.
To the President of Congress. Philadelphia, June 4th, 1781,
The money granted by France has not been placed to his order.
To B. Franklin. Philadelphia, June 8th, 1781,
The grant of France having been committed to his disposition, he has made Le Couteulx & Co. his bankers.
To Messrs Le Couteulx & Co., Bankers in Paris. Philadelphia, June 8th, 1781,
Appointing them bankers for the United States.
To M. de la Luzerne, Minister of France. Philadelphia, June 8th, 1781,
Requesting him to order five hundred thousand livres to be deposited with Le Couteulx & Co.
Circular respecting the National Bank. Philadelphia, June 11th, 1781,
To the President of Congress. Philadelphia, June 21st, 1781,
Desires to be intrusted with the disposition of bills deposited by Congress with the Pennsylvania bank.
To B. Franklin. Philadelphia, July 13th, 1781,
Efforts to restore the credit of the United States.—Necessity of foreign aid.—Applications are directed to be made to Spain.—Desires a loan of fifteen millions from France to pay off the Loan Office Certificates.
To B. Franklin. Philadelphia, July 14th, 1781,
Requests him to converse with the Paris bankers on the plan of the National Bank.—The bank will deal profitably in bills of exchange.—Intended increase of the capital.
To the Governor of Havana. Philadelphia, July 17th, 1781,
State of the finances.—Plan of the National Bank.—Solicits deposits from Spain.—Sends bills for this purpose.—Sends a frigate to receive the sum drawn for in specie.
To Robert Smith. Philadelphia, July 17th, 1781,
Directing him to use his efforts in favor of the bank.—Sends a cargo of flour to be returned in specie.—Bill of exchange on Messrs Le Couteulx & Co. to be presented to the Governor of Havana.
To B. Franklin. Philadelphia, July 19th, 1781,
Supplies obtained by Colonel Laurens.—The proposed new loan may be retained in France.
To B. Franklin. Philadelphia, July 21st, 1781,
Banking operations in regard to the Pennsylvania emission of bills of credit.—Has been unable to fulfil Dr Franklin's contract relative to supplies.
Circular to the Governors of the States. Philadelphia, July 25th, 1781,
The accounts of the United States with the States will be liquidated as soon as possible.—Desires to be informed of the revenue and financial operations of the State.
B. Franklin to Robert Morris. Passy, July 26th, 1781,
Expressing his satisfaction with Mr Morris's appointment.—Difficulties in the situation of a public officer.
B. Franklin to Robert Morris. Passy, July 26th, 1781,
Disposition of the moneys raised in France.
To the Governors of several States. Philadelphia, July 27th, 1781,
Importance of a compliance with the recommendation of Congress for laying an impost on imports.—Answer to the objection, that commerce will not bear the duty.—Error of the notion that the duty should be carried to the account of the State where levied.—The debt cannot be apportioned to the States.—Hopes of the enemy from disunion.
To John Jay. Philadelphia, July 29th, 1781,
Enclosing the above letters to the Governor of Havana and Mr Smith.
To the President of the Council of Pennsylvania. Philadelphia, July 30th, 1781,
Financial operation's of Pennsylvania.—Accounts with the United States.—Mr Searle's mission to Holland.
George Washington to Robert Morris. Head Quarters, Dobbs's Ferry, August 2d, 1781,
Plan of striking a blow in Virginia.—Wishes information as to the probability of obtaining vessels and provisions in the Chesapeake.
To M. de la Luzerne. Philadelphia, Aug. 2d, 1781,
Fluctuations in the exchange between the United States and France.—Efforts to raise and settle the value of the bills.—The bills issued by the French have disturbed his operations.—Offers to negotiate their bills, or supply the French forces.
To M. de la Luzerne. Philadelphia, Aug. 4th, 1781,
Rate of exchange.—Sum necessary to supply the French army.
To the Governor of Massachusetts. Office of Finance, August 4th, 1781,
Desiring him to equip the America, and to fit the Deane and Alliance for sea.
To the Governors of Delaware, Maryland, and New Jersey. Philadelphia, August 4th, 1781,
Requesting them to comply with the demands of Mr Gouverneur Morris during his absence.
To George Washington. Camp, Aug. 13th, 1781,
Impolicy of making large demands on the States.—Proposing reforms in the army.—Proposing queries on this subject.
George Washington to Robert Morris. Head Quarters, Dobbs's Ferry, August 17th, 1781,
Provisions required for the expedition to Virginia.—Necessary to give the troops one month's pay.—Requires five hundred guineas for secret services.
To George Washington. Office of Finance, August 22d, 1781,
Difficulty of raising specie.
To the Governors of New Jersey and Delaware. Office of Finance, August 22d, 1781,
Urging the furnishing of supplies.
To the Governor of Virginia. Office of Finance, August 23d, 1781,
Preparations necessary in Virginia.—Desires information as to the amount of supplies which can be furnished.
To Messrs Le Couteulx & Co. Office of Finance, Philadelphia, August 26th, 1781,
Bills drawn on them.—Funds deposited to meet the drafts.
George Washington to Robert Morris. Chatham, August 27th, 1781,
Preparations for the expedition into Virginia.—Desires pay for the troops.
To Donaldson Yeates. Office of Finance, August 28th, 1781,
Directing him to engage vessels for the transportation of the expedition into Virginia.
To B. Franklin. Philadelphia, August 28th, 1781,
Drafts on Le Couteulx & Co.—Resignation of M. Necker.—Arrival of Colonel Laurens.—Expedition to Virginia.
To the President of Congress. August 28th, 1781,
Urges the settlement of the accounts of the States.—A certain quota of the past expenses, except the public debt, should be established for each State.—Amount of the requisitions to March 1st, 1780.—Manner of apportioning the sums.—Accounts since March 18th, 1780.—Reasons for excepting the public debt from this apportionment.—Suggests appropriations for the payment of the debt.—Manner of liquidating accounts of holders of certificates, for articles taken in the public service.
To the Governor of Maryland. Office of Finance, Philadelphia, August 28th, 1781,
Urges supplies for the operations in Virginia.
Circular to the Governors of the States. Office of Finance, September 4th, 1781,
Desiring the adoption of measures facilitating the operations of the bank.
To the Count de Rochambeau. Office of Finance, September 6th, 1781,
Requesting the payment of money promised, to the bearer.
To George Washington. Chester, Sept. 6th, 1781,
Promising a month's pay to General Lincoln's troops.
George Washington to Robert Morris. Head of the Elk, September 6th, 1781,
Urging a supply of money for the troops.
George Washington to Robert Morris. Head of the Elk, September 7th, 1781,
The sum promised by Rochambeau insufficient.
To George Washington. Office of Finance, September 10th, 1781,
Difficulty of advancing an additional sum of money.
B. Franklin to Robert Morris. Passy, September 12th, 1781,
Obtains the sum necessary to meet the payments in Holland.—Cannot meet the new drafts.
To M. de la Luzerne. Office of Finance, September 20th, 1781,
Wishes to be allowed further time for repaying the sum advanced by the Count de Rochambeau.
To the President of the Council of Pennsylvania. Office of Finance, September 20th, 1781,
Unable to promise any assistance.
To M. de la Luzerne. Office of Finance, September 25th, 1781,
Amount of bills drawn on Messrs Le Couteulx & Co.—Rates of sale.—Necessities of the United States.
To the Speaker of the Assembly of Pennsylvania. Office of Finance, September 28th, 1781,
Accounts between Pennsylvania and the U. States.
To the Count de Rochambeau. Office of Finance, October 1st, 1781,
Reasons for not repaying the sum advanced by him.
To Major General Greene. Office of Finance, October 3d, 1781,
Inefficiency of the confederacy.—Funds in his hands.
To the Commissary General of Purchases. Office of Finance, October 4th, 1781,
Virginia, Delaware, and Maryland, must furnish supplies.
To Messrs Le Couteulx & Co. Office of Finance, October 12th, 1781,
Depositing money subject to his drafts.
To the Loan Officers of the States. Office of Finance, October 13th, 1781,
Requiring preparations for settling their accounts with the United States.
To the Governor of Virginia. Philadelphia, October 16th, 1781,
Inadequacy of paper emissions and specific supplies.—Necessity of a revenue in hard money.
To the President of Congress. Office of Finance, October 18th, 1781,
Impolicy of settling private demands on Congress.—Estimate of sums required for immediate service.
Circular to the Governors of the several States. Office of Finance, October 19th, 1781,
Too much reliance has been placed on foreign aid.—Aid furnished by France.—Annual expense of the war.—Necessity of a solid revenue.—Urges a compliance with the requisitions of Congress.
To Major General Greene, Office of Finance, November 2d, 1781,
Difficulty of procuring pecuniary supplies.
THE
CORRESPONDENCE
OF
C. A. DE LA LUZERNE;
MINISTER PLENIPOTENTIARY FROM FRANCE TO THE UNITED STATES.
THE
CORRESPONDENCE
OF
C. A. DE LA LUZERNE.
CORRESPONDENCE CONTINUED.
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, September 10th, 1781.
Sir,
The undersigned, Minister Plenipotentiary of France, has the honor of communicating to Congress the commission of M. Holker, as Consul General of France, in the States of Pennsylvania, New York, New Jersey, and Delaware. He requests Congress to pass an act, or four different acts, in order to procure for this Consul the exequatur in each of the States, to which his functions are to extend.
LUZERNE.
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, September 18th, 1781.
Sir,
The undersigned, Minister Plenipotentiary of France, has the honor of informing Congress, that he has received despatches from his Court, containing important details relative to the communications, which have taken place between the belligerent and mediating powers. He wishes that Congress would be pleased to appoint a committee, to whom he shall communicate them, and with whom he shall confer upon the present state of affairs. He has also received orders from his Court, relative to the advances made on account of the Thirteen States, and concerning their finances; he will have the honor of communicating them to Congress through a committee.
LUZERNE.
COMMUNICATIONS OF THE FRENCH MINISTER TO CONGRESS.
In Congress, September 21st, 1781.
The committee, to whom was referred the Memorial of the Minister Plenipotentiary of France, dated the 18th instant, requesting a conference, report,
That they have this day held a conference with the said Minister Plenipotentiary, and received the following communications contained in sundry despatches from Count de Vergennes, Minister for Foreign Affairs to his Most Christian Majesty, viz.
From a letter of the 19th of April.—That Count de Vergennes had transmitted to the Minister the details respecting the proposed mediation of the Courts of Vienna and Petersburg. The Minister observed, that this had already been communicated to Congress through a committee. He repeated, for our recollection, that the acceptance on the part of France of the proposed mediation depended entirely, at that time, on the concurrence of the United States; and that with respect to Spain, its conduct would be determined by the dissolution of the negotiation with Mr Cumberland. That the Court of Spain had informed the Court of London, on the first proposal of the mediation of the Imperial Courts, that as a direct negotiation with the King of Great Britain was opened through Mr Cumberland, a mediation was unnecessary.
That affairs since that time had taken a different turn. Mr Cumberland has been recalled; and the Catholic King, being now entirely at liberty, has accepted the mediation of the two Imperial Courts. That the King, our ally, had done the same; but that both Kings had declared at the same time to the two mediators, that the mediation could not possibly have any activity, without previously establishing some fundamental preliminaries. Of this observation the two mediating Courts had already felt the propriety. That France was then (viz. the 19th of April) expecting the effect, which this communication would produce on the Court of London. That the first question proposed by France, related to the admission of an American Plenipotentiary; and that the object of the second was to know, upon what footing the King of England intended to treat with the United States. The Court of France, not knowing that the United States had agreed to accept the mediation, again invite us to it.
The Minister here observed, that Congress would judge by the questions proposed to the mediating powers, by the King his master, of the principles, by which his Majesty was actuated with respect to the United States. He assured us, that his Majesty is invariably resolved to abide by those principles, and will enter into no negotiation whatever before he shall receive a satisfactory solution of those two questions. He added, that the French Ministry trusted, that this conduct would more and more convince the United States, and would cause them to imitate the example of the King, and to feel that their honor and their interest call for their constant attachment, their friendship, and unreserved confidence towards him.
The Count de Vergennes observes, that it is plain from these circumstances, that the negotiation for peace will be full of difficulties, and that it will probably be necessary, in pretensions as well as proceedings, to be very cautious, and to act so as to remove those difficulties, and everything, which might increase the acrimony, to which the English Plenipotentiaries may be naturally inclined.
From another letter of the same date.—That when this letter was written, the Court had received information of the sentiments of the Court of London with respect to the United States. The Count de Vergennes mentions, that in the act, by which the Court of London accepts the mediation of Russia, and requests the mediation of the Emperor, she declares, that she is ready to make peace, as soon as the league between France and her revolted subjects shall be dissolved. That this pretension had met from the Court of France the contempt which it deserved. She on her part has declared, that if this proposition contained the last determination of England, it would be in vain to think of peace; and she has desired the English Ministry to give a positive answer on the two questions above mentioned. That this declaration had been exactly transmitted by the Court of Vienna to that of London; and the result of the answer made by that Court to the Imperial Majesty is, "that in all points to be agitated in a future Congress, England will behave with great equity and condescension; but the dependence of her rebel subjects in America must be pre-established, and that this matter must be left entirely to the care of Great Britain." That it is easily to be perceived, that while things remain in this situation there can be no possibility of a mediation or peace.
The Count de Vergennes remarks, that Congress will be finally convinced, that it is only by arms and the most vigorous exertions, that our independence can be extorted from the Court of London, and not at all by negotiation or persuasion. That the Court of France will transmit to the Court of Vienna the sentiments of the King on the British answer. That if these sentiments should be forwarded to the Court of London without any commentary, it is probable they would make but a slight impression; but it may be hoped from the justice of his Imperial Majesty, that they will be so supported by such reflections as to make a greater impression on the British Court; although it is not to be expected, that the Austrian Court will fully enter into the views of his Most Christian Majesty, until the matter shall be more perfectly explained. The Count, nevertheless, urges the necessity of sending forward proper instructions and powers for the mediation.
From a letter of the 11th of May.—That the affair of the mediation has made no progress; and that it is very probable, that the mediators will not be soon enabled to begin the negotiation. That the admission of an American Plenipotentiary presents the greatest difficulties. That the Count, however, will take every measure in his power to have this admission decided in favor of the United States, before the regular opening of the mediation. The Count urges the Chevalier de la Luzerne to observe to Congress, that the best manner of removing these obstacles would be a decisive victory, gained by the United States in the present campaign.
From a letter of the 27th of July.—Count de Vergennes observes on an opinion, which prevailed in America, respecting the friendly disposition of the powers of Europe towards the United States, that as yet, not one Court had taken the least step, which manifests their disposition towards the United States. That the Courts of Vienna and Petersburg, having assumed the character of mediators, cannot be too reserved. For by a different conduct they would become obnoxious to one or other of the belligerent powers, and lose the important and glorious part, with which they are intrusted. That it results from these observations, that the United States ought to look upon themselves as being still separated from all other powers; and that they have but one professed friend, which is France; and that the United States ought to rely principally upon their own resources.
The Count de Vergennes observes, that he has talked circumstantially with Mr Adams on these subjects, who appeared to be satisfied with what had been done in favor of his country. That he had communicated to Mr Adams the preliminary overtures made by the two Imperial Courts, as well as the intended answer of his Most Christian Majesty. That the great or only difficulty concerns America. That France will do all in her power to remove that obstacle, upon which depends the activity of the mediation. That as soon as it shall be removed, or proved to be insurmountable, proper instructions will be forwarded to the Chevalier de la Luzerne, concerning the conduct, which the state of affairs will require from Congress. That the Court of France had received, with great satisfaction, information, that Congress were disposed to trust their interest to the two mediating powers. The Chevalier de la Luzerne is directed to inform Congress, that no use shall be made of this disposition, in the present state of affairs; and that it shall be communicated only when it can be done consistently with the dignity of the United States.
From a letter of the 19th of April.—That Mr Dana has communicated to Count de Vergennes his appointment, and requested his advice concerning the conduct, which circumstances demanded on his part. That it gave the Count great pleasure to observe this proof of the confidence, which Congress and their Ministers reposed in the friendship and advice of his Court. That the Count informed Mr Dana, that he would run the risk of exposing his person, and the dignity of the United States, if he assumed any character whatsoever in Russia, while the Empress had not acknowledged the independence of the United States, and expected to act the part of a mediatrix, which demanded the most perfect impartiality. That Mr Dana felt the propriety of the observation; and proposed to the Count, that he should appear in Russia in the character of a common traveller, keep his commission a secret, and avoid with the greatest care to speak of business, unless requested so to do by the Russian Ministry. That the Count fully approved of this prudent scheme; and apprized Mr Dana of all the difficulties he would meet with. He had him recommended to the Marquis de Verac, Envoy Extraordinary at the Court of Petersburg; and the Chevalier de la Luzerne is directed to assure Congress, that the Marquis de Verac would do all in his power for Mr Dana's best reception, and with pleasure assist him with his counsels, as often as he should have recourse to them. That the Marquis de Verac had communicated to the Russian Ministry the resolution of Congress, concerning the principle of the declaration made by the Empress of Russia to the belligerent powers. That this Envoy informs the Count de Vergennes, that the contents of this resolution had afforded great satisfaction to Count Panin, Minister of Foreign Affairs, who intended to submit it without delay to the perusal of the Empress. That the Marquis de Verac did not doubt, but that she would be pleased with the readiness of Congress to adopt that principle; and that correspondent resolutions will have been taken respecting the navigation of the neutrals.
From a letter of the 29th of June.—That the accession of the State of Maryland to the general confederation, in the opinion of the Court of France, presents very great advantages; among which is this, that Congress having at last acquired that power, which the act of confederation has assigned them, it is to be expected, that their orders will be fully and exactly executed, and that they will take advantage of the resources of their country, to give to American patriotism new energy. The Minister is directed to inform Congress of the satisfaction the King has received on that account, and to tell them at the same time, that there is the most pressing necessity to take more effectual measures than heretofore to drive the British out of this continent. It is thought needless to enter into details about the circumstances, which render this measure necessary. The King entreats the United States, as his friends, not to lose a moment in acting as vigorously as possible against the common enemy. That Congress cannot be particularly acquainted with the different burdens, which France has upon her hands. She wishes to be in a situation to continue as effectual assistance to the United States as at this moment; but future events may happen in a manner different from what we may expect, though nothing can change her unalterable resolution to support the independence of her ally. The Count de Vergennes observes, that he shall not speak any more of the non arrival of the second division, having reason to believe from orders given to Count de Grasse, that the delay will be judged of greater utility to the United States, than if the announced reinforcement had been sent in the time expected. He adds, that the Chevalier de la Luzerne had been already informed of the causes, which had prevented a compliance with the expectation, which he had been authorised to give.
From a letter of the 11th of May.—That the Count de Vergennes had been informed by the Duc de la Vauguyon, Ambassador to the United Provinces, of the intention of Mr Adams to display his character as a Minister of the United States in Holland. That the Duke gave him no assistance on that occasion, knowing the application would have no favorable issue. The Chevalier de la Luzerne is directed to inform confidentially a committee, or Congress themselves, of these circumstances, in order, that they may transmit to their said Minister Plenipotentiary such instructions as they may think proper. France is too much interested in the fate of the United States not to give them such counsels as would have for a principal object their advantage and their dignity.
At a second conference, on the 24th of September, the following additional communications were made by the French Minister to the committee.
From a letter of the 19th of April, 1781.—That Count de Vergennes remarks, that on the application of Chevalier de la Luzerne, and his representation of the distresses of the United States, measures had been taken for our aid when Colonel Laurens arrived. That it being impossible for the King to comply with all Colonel Laurens's demands, he took the resolution to offer his guarantee for ten millions of livres tournois, to be borrowed in Holland, for account of the United States. That the King was sensible of the wants and distresses of Congress, and wished to relieve them; but that it ought to be considered, that the French squadron and troops are in America for our immediate assistance. That Count de Grasse's expedition to America will occasion great expense; and that all those things collected together, would go far beyond even the expectation of Congress. That the most essential manner of showing the gratitude of the United States would be, by making all the exertions in their power, to co-operate in a glorious and effectual manner with the King's forces for their own speedy deliverance.
The Count de Vergennes observes, that a part of the six millions of livres would be employed in purchasing the different articles, contained in a list delivered by Mr Laurens. That three millions would be given by instalments to Dr Franklin, for the payment of bills of exchange drawn by Congress. That a fourth million would be reserved for unforeseen emergencies, and particularly to pay for the supplies embarked in the ship Lafayette. That Count de Vergennes had been Dr Franklin's security for a part of those supplies, amounting to four hundred and seventeen thousand livres. That he is unacquainted with the measures, which had been taken to effectuate the loan of ten millions in Holland, that affair being in the province of M. Necker, who probably would settle that matter with Mr Laurens, or with Mr Adams, who at that time was still in Holland to fill up a loan of a million florins, which he had opened several months before.
From a letter of the 11th of May.—That Count de Vergennes informs the Chevalier de la Luzerne, that orders had been given by the King to have the loan of ten millions, on account of the United States, negotiated; that the Duc de la Vauguyon had received orders to propose it to the States of Holland, but met with insuperable difficulties, not only because the United States had no credit in Holland, but also because that Province was afraid of exposing itself; and that indeed granting a loan to the United States would be the same thing as countenancing their independence, which would be contrary to the obligations entered into by the republic with the neutral powers; that in order to remove this difficulty, the King had presented himself as a principal borrower, and as being alone accountable for the sums, which were to be furnished.
The Count adds, that he thinks these proceedings need no commentary; and that a mere exposition of them will be sufficient to excite the gratitude of the United States, and to engage them at last to make all the exertions in their power. The Count flatters himself, that the measures, which have been taken by his Court, will enable Congress to put their finances in the best order. That the Chevalier de la Luzerne had often written to him, that the most certain way to effectuate so happy an event would be, to put Congress for a while out of their distressing situation, and to enable them, by an external relief, to take internal measures without precipitation, and with solidity. That these considerations determined the King; and that from affection he has done more for his ally than mere prudence would, perhaps, have suggested to him. That the Council of the King have no doubt but this resolution will be productive of the good effects, which the Chevalier de la Luzerne had announced. The Count exhorts Congress to take hold of the present circumstances for the common advantage. He thinks it his duty freely and openly to declare, that the moment is come not to spend the time in expectation, deliberation, and useless exhortations; that though he would wish to avoid every disagreeable intimation, friendship and common interest oblige France to speak without reserve, and with perfect sincerity. That the King has done on this occasion what he can do no more; that Congress, if well informed of the situation of his Majesty's affairs, would be sensible that an exertion like the present cannot be repeated; and that the Court would feel the deepest concern, if it was under the disagreeable but indispensable necessity of refusing the demands of an ally, whose cause is now become its own.
From a letter of the 14th of May.—That Count de Vergennes observes, that Colonel Laurens had taken leave of the King, and that he ought to be satisfied with the success of his mission, although he had not obtained all that he demanded. That the Court of France hopes these demands will not be renewed; for how disagreeable soever to refuse allies whom the King sincerely loves, necessity would oblige him to reject pecuniary demands of any kind whatsoever.
From a letter of the 27th of July.—That the Chevalier de la Luzerne observed, that in March last he informed Congress, that the Court no longer pay the bills drawn upon France; upon which declaration he believes Congress stopped all drafts on Dr Franklin. That he informed the Court of that resolution of Congress. The Court in the meantime had resolved to grant a subsidy of six millions, to be employed in purchasing arms, ammunition, and clothing, to be sent from France to the United States; and the remainder of the sum to be employed in paying the drafts of Congress, or of any person they might appoint. Mr Morris being appointed Superintendent, the Minister according to his instructions authorised him to draw for half a million of livres, and informed M. Necker of this measure; accordingly funds were prepared for a regular payment. The Chevalier de la Luzerne had agreed with the Superintendent, that he might draw in the whole for a million and a half, including the half million above mentioned; of all which he had informed Count de Vergennes. Colonel Laurens being in the meanwhile arrived in France, it was found from his representation, that the mode of drawing was prejudicial to Congress, and that if the specie was imported, there would be no loss; and it was agreed, that he should bring over two millions and a half, out of the six millions, in specie. In consequence of this measure, Count de Vergennes acquaints the Chevalier de la Luzerne, that he hopes the Superintendent will not have drawn more than the before mentioned half million of livres. He wishes it the more earnestly, as bills for a greater sum would embarrass the finances of France in a great degree, the goods delivered to Colonel Laurens exceeding already the sum remaining out of the six millions, and the goods taken on board the Marquis de Lafayette being not yet replaced.
For a fuller explanation, the Chevalier de la Luzerne communicated to the Committee an account of the sums already furnished, and to be furnished from this time to the end of the present year for the service of the United States. That he had orders to take hold of this opportunity to repeat to Congress, that the King for the next year cannot continue any supplies to the United States, even of a much less nature. That it is time for them to relieve his Majesty from the heavy burdens in a war, which he had undertaken and carries on for their sakes. That the Count de Vergennes expects that Congress will not have drawn more bills of any kind after the 1st day of April last; that firmly relying on this, he had engaged the King to procure the necessary sums to answer the bills drawn before that period, and desired Dr Franklin to accept no more, if he had no other means of paying them; that this resolution could not be altered by any circumstances whatever.
The Count de Vergennes proceeds to state, how far the abuse of the King's benevolence had been carried, he supposes against the will and instructions and without the knowledge of Congress. That the bills drawn upon Mr Jay, Mr Adams, and Mr Laurens, had been sent back to Dr Franklin, that is, in effect to the Court of France. That the Republic of Holland had been unwilling to hear of any loan, even under the guarantee of the King, when it was known that the money was intended for the use of the United States; and that to remove this obstacle, as he had before observed, the King was induced to present himself as the principal borrower. The Court was still unacquainted with the effect of that proposition.
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, September 24th, 1781.
Sir,
The undersigned, Minister Plenipotentiary of France, has the honor of communicating to Congress a Memorial, which has been sent to him by Don Francisco Rendon. He entreats Congress to take it into consideration, and he has no doubt that the resolution, which that body shall pass upon the subject, will be as advantageous to the subjects of his Catholic Majesty as justice will allow.
LUZERNE.
MEMORIAL OF DON FRANCISCO RENDON TO THE MINISTER OF FRANCE.
Translation.
May it please your Excellency,
Don Francisco Rendon, resident in this city, Encargado de Negocios for the Court of Spain, with all due respect, informs your Excellency that in consequence of the articles of capitulation granted to the troops and inhabitants of his Britannic Majesty at the reduction of Pensacola, by Don Bernardo de Galvez, commander in chief of the forces of his Catholic Majesty, permission was granted by the Governor of the place to Captain Jahleel Smith, with his vessel called the Sally, her crew and passengers contained in the passport, to go to New York, six of the passengers being prisoners on parole, to be exchanged for an equal number of Spanish prisoners; that in his passage the said flag was captured by an American vessel, called the Betsy, Captain Enos, belonging to the State of Pennsylvania; that in consequence thereof, the said J. Smith has presented to me a petition and an account, which I herewith enclose, praying me to obtain for him an indemnification and payment for the damages he has sustained, and that liberty may be granted him by the supreme authority to pass freely to the place of his destination, agreeable to the permission of the Generals of the King, my master.
I therefore entreat, that your Excellency would be pleased to present this Memorial, with the documents accompanying it, to the Honorable Congress, and pray them to order payment to be made to the Captain of the flag, for the delay and damages occasioned by this capture, and grant the said prisoners of his Catholic Majesty mentioned in the passport, free permission to go to New York, in order to discharge their parole and obtain their exchange. I am induced by your Excellency's goodness to hope for this favor, and am, &c.
FRANCISCO RENDON.
CONGRESS TO THE MINISTER OF FRANCE.
Philadelphia, September 25th, 1781.
Sir,
The United States in Congress assembled, ever desirous to observe good faith and maintain the rights of neutrality, and sincerely disposed to cultivate the friendship of his Catholic Majesty, have referred the Memorial presented by your Excellency, in favor of Jahleel Smith, master of the schooner Sally; to a committee of Congress, who now have it under consideration.
To form a right judgment of the transaction it is conceived necessary, that an authentic copy of the capitulation granted by his Catholic Majesty's General to the British officer lately commanding at Pensacola, and referred to in the Memorial of Don Francisco Rendon, residing in this city, Encargado de Negocios for the Court of Spain, should be communicated to the United States. In the meantime it requires no deliberation to assure your Excellency, that the laws of the land are competent for redressing every injury perpetrated by vessels of war commissioned by the United States, or under their authority, although the security for the good behaviour of the officers and crews may not be adequate to the damages claimed.
THOMAS M'KEAN, President.
FROM CONGRESS TO THE KING OF FRANCE.
The United States in Congress assembled, to their Great, Faithful and Beloved Friend and Ally, Louis the Sixteenth, King of France and Navarre.
Great, Faithful and Beloved Friend and Ally,
We feel an additional obligation to your Majesty, for your friendly reception of our late special Minister Lieutenant Colonel John Laurens. By him we received your Majesty's letter, containing new assurances of what the United States have been long convinced, your Majesty's affectionate patronage of American independence. His report, while it proves that our attachment has not been misplaced, will increase our gratitude. We have charged our Minister Plenipotentiary at your Court to render to your Majesty more particular acknowledgments for your zeal for the re-establishment of peace, upon principles coinciding with the liberty and sovereignty of the United States, and for the important succors lately administered to our necessities. We shall also instruct him to inform your Majesty of the arrangements, which have taken place for calling forth the resources of the United States with decision and effect against the common enemy.
We pray God, that he will keep your Majesty, our Great, Faithful and Beloved Friend and Ally, in his holy protection.
Done at Philadelphia, the eighteenth of October, in the year of our Lord one thousand seven hundred and eighty one, and in the sixth year of our independence. By the United States in Congress assembled.
Your faithful friends and allies.
THOMAS M'KEAN, President.
Attest, Charles Thomson, Secretary.
THE KING OF FRANCE TO CONGRESS.
Translation.
Very Dear and Faithful Allies,
Satisfied of the interest you take in every event which affects us, we are anxious to inform you of the precious mark, which Divine Providence has just given us of his goodness, and of the protection he has granted to our kingdom. We do not doubt that you will partake in the joy we feel on the birth of our son, the Dauphin, of whom the Queen, our most dear spouse, is just now happily delivered.
You will easily be convinced of the pleasure, with which we shall receive every proof that you may give of your sensibility upon this occasion. We cannot renew at a period more affecting to us, the assurance of our affection and of our constant friendship for you. Upon which we pray God, that he would have you, very Dear, Great Friends and Allies, in his holy keeping.
Written at Versailles, the 22d of October, 1781.
Your Good Friend and Ally,
LOUIS.
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Philadelphia, October 24th, 1781.
Sir,
I do myself the honor to transmit you a copy of the resolution, by which Congress have been pleased to appoint me their Secretary of Foreign Affairs. They have annexed to this department the agreeable duty of receiving and making those communications, which the reciprocal interest of the allied nations may render necessary.
I need not tell you, Sir, with what pleasure I enter upon that task, when (by the direction of Congress) I enclose an account of the signal success obtained by the united arms of America and France. The cement it so happily affords to their connexion may justly be numbered among the important advantages, that will result from it to both countries.
I have the honor to be, Sir, with the highest respect and esteem, &c.
ROBERT R. LIVINGSTON.
TO ROBERT R. LIVINGSTON, SECRETARY OF FOREIGN AFFAIRS.
Translation.
Philadelphia, October 25th, 1781.
Sir,
I have received the letter, with which you honored me on the 24th instant, and it is with the most sincere satisfaction, that I see in it your determination to accept the office, to which Congress have appointed you. It will give me great pleasure to address myself to you, in sending to Congress those communications, which I shall have it in my power to make; and I shall be no less flattered to receive through you every communication, which that body shall think proper to make to me. I can assure you, Sir, that the choice now made by Congress will give great satisfaction in Europe, where your patriotism, your past services, and your wisdom have long been known.
I have the honor to be, &c.
LUZERNE.
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, November 2d, 1781.
Sir,
It is with peculiar pleasure that I obey the directions of Congress in making communications, which show their sense of the exertions of their ally, and of the merit of the officers he employs. The confidence inspired by the first, and the esteem excited by the last, form new bands of union between nations, whom reciprocal interests had before connected. In this view I flatter myself the enclosed acts of Congress will be agreeable to you, and that you will with pleasure communicate to his Most Christian Majesty their desire, with his permission, to present to the Count de Grasse two pieces of field ordnance, taken from the enemy at York, with inscriptions calculated to show that Congress were induced to present them from considerations of the illustrious part, which he bore in effectuating the surrender.[1]
I have the honor to be, with the greatest respect and esteem, &c.
ROBERT R. LIVINGSTON.
FOOTNOTES:
[1] In Congress, October 28th, 1781. "Resolved, That the thanks of the United States in Congress assembled be presented to his Excellency the Count de Rochambeau, for the cordiality, zeal, judgment, and fortitude, with which he seconded and advanced the progress of the allied army against the British garrison in York.
"That the thanks of the United States in Congress assembled be presented to his Excellency the Count de Grasse, for his display of skill and bravery in attacking and defeating the British fleet off the Bay of Chesapeake, and for his zeal and alacrity in rendering, with the fleet under his command, the most effectual and distinguished aid and support to the operations of the allied army in Virginia.
"That the thanks of the United States in Congress assembled be presented to the commanding and other officers of the corps of artillery and engineers of the allied army, who sustained extraordinary fatigue and danger in their animated and gallant approaches to the lines of the enemy.
"Resolved, That the United States in Congress assembled will cause to be erected at York, in Virginia, a marble column, adorned with emblems of the alliance between the United States and his Most Christian Majesty, and inscribed with a succinct narrative of the surrender of Earl Cornwallis to his Excellency General Washington, Commander in Chief of the combined forces of America and France, to his Excellency the Count de Rochambeau, commanding the auxiliary troops of his Most Christian Majesty in America, and his Excellency Count de Grasse, commanding in chief the naval army of France in the Chesapeake.
"Resolved, That two pieces of the field ordnance, taken from the British army under the capitulation of York, be presented by the Commander in Chief of the American army to Count de Rochambeau, and that there be engraved thereon a short memorandum, that Congress were induced to present them from considerations of the illustrious part, which he bore in effectuating the surrender.
"Resolved, That the Secretary of Foreign Affairs be directed to request the Minister Plenipotentiary of his Most Christian Majesty to inform his Majesty, that it is the wish of Congress, that the Count de Grasse may be permitted to accept a testimony of their approbation, similar to that to be presented to the Count de Rochambeau."
TO GEORGE WASHINGTON.
Translation.
Philadelphia, November 4th, 1781.
Sir,
I have received the letter, which you did me the honor to write on the 29th ultimo, and the papers from Count de Grasse, which you had the goodness to send to me, and for which I beg you will accept my thanks.
We are encouraged to hope for your arrival here. I shall be extremely happy to be able to testify to you in person the joy, which I have received from your success. That joy is universal, and it can but increase the attachment and esteem of all orders of citizens, and of my own countrymen, to your Excellency.
I have the honor to be, &c.
LUZERNE.
TO THE SECRETARY OF FOREIGN AFFAIRS.
Translation.
Philadelphia, November 4th, 1781.
Sir,
I have received the letter, with which you honored me on the 2d instant, with the resolutions of Congress of the 28th of October, which accompanied it. I have no doubt that they will be most agreeable to his Majesty, and that he will learn with great pleasure, that the remembrance of the success obtained by the allied arms is to be preserved by a column, on which a relation of this event will be inscribed, and mention made of the alliance.
I shall be glad, before any farther resolutions are taken on this subject, to communicate to you some ideas relative to this monument. It is so honorable to the two nations, and so well adapted to perpetuate the remembrance of their union, that we ought to be mutually desirous of giving it all the solidity and durability of which the works of man are susceptible. Besides, Sir, I observe that the United States are named before the King in these resolutions. This is the second time within my knowledge, that this form has been adopted. I remarked on it the first time; and was then positively assured, that it was an error, which should be corrected on the journals. I entreat you to be pleased to let me know distinctly what usage Congress intends to adopt on this subject, in order that I may make it known to my Court.
I have the honor to be, &c.
LUZERNE.
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, November 6th, 1781.
Sir,
Having been honored with your letter of the 4th instant, I remark with pleasure, that the mode in which Congress propose to perpetuate the success obtained by the allied armies at York, is such as will in your opinion be agreeable to his Most Christian Majesty. As Congress must concur with you in wishing to render this monument of the alliance, and of the military virtues of the combined forces as lasting, if possible, as the advantages they may reasonably hope to reap from both, they will, without doubt, pay all due deference to any ideas you may think proper to suggest relative to the manner of carrying the resolutions of the 28th of October into effect. I shall receive, Sir, with pleasure, and submit to Congress any communications, that you will do me the honor to make on this subject.
I am sorry to find, that you consider the order, in which the allied nations or their Sovereigns are placed in the resolutions, as anywise exceptionable. This mode of expression might perhaps be justified by the absolute equality established between sovereign powers, and the common practice of independent nations to recognise no superior in acts to be executed by themselves, within their own limits. But, Sir, I am so well satisfied that Congress wish to avoid discussions, which must be treated with great delicacy by nations situated as ours are, where every demand on the one part, not strictly authorised by the law of nations, might derogate from the generous protection, which we make it our boast to have received, and the denial of just rights on the other subject us to the imputation of ingratitude, that I think you may safely rely upon their practice, when some future occasion shall present, to evince that the order in which the allied nations are mentioned did not originate in any settled rule, and above all, that no want of respect for his Most Christian Majesty dictated the resolution to which you object. Be persuaded, Sir, that regardless as the United States are of form and ceremony, in matters that relate to themselves alone, they will think their endeavor to support France in the high rank which her extent, wealth, and power have given her, a small return for the wise and generous use she makes of these advantages.
I have the honor to be, with sentiments of the greatest respect and esteem, &c.
ROBERT R. LIVINGSTON.
ROBERT R. LIVINGSTON TO THE PRESIDENT OF CONGRESS.
Office of Foreign Affairs, November 6th, 1781.
Sir,
I do myself the honor to submit to Congress a letter to the Minister of France, which covered their resolutions of the 28th of October, his answer thereto, and the draft of a letter in reply to his. As the last implies a promise on the part of Congress, I did not think myself authorised to send it without their approbation.
Congress will observe, that I endeavor to wave a question, which perhaps it might have been imprudent to answer by a direct avowal of the propriety of the resolution, or in the present circumstances to yield in express terms. By seeming to slight matters of mere ceremony, we may avoid troublesome discussions in future, and teach the old world by the example of the new to get rid of a clog, which too often fetters the most important transactions. I take the liberty to submit to Congress the propriety of directing in the next vote, which they shall have occasion to pass, in which France and America, or their Sovereigns, are mentioned, the preference to be given to the first, and so that we may seem to have established no rule on a subject of so little moment as rank or precedence.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
[1] In Congress, October 28th, 1781. "Resolved, That the thanks of the United States in Congress assembled be presented to his Excellency the Count de Rochambeau, for the cordiality, zeal, judgment, and fortitude, with which he seconded and advanced the progress of the allied army against the British garrison in York.
It is with peculiar pleasure that I obey the directions of Congress in making communications, which show their sense of the exertions of their ally, and of the merit of the officers he employs. The confidence inspired by the first, and the esteem excited by the last, form new bands of union between nations, whom reciprocal interests had before connected. In this view I flatter myself the enclosed acts of Congress will be agreeable to you, and that you will with pleasure communicate to his Most Christian Majesty their desire, with his permission, to present to the Count de Grasse two pieces of field ordnance, taken from the enemy at York, with inscriptions calculated to show that Congress were induced to present them from considerations of the illustrious part, which he bore in effectuating the surrender.[1]
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, November 21st, 1781.
Sir,
Finding by frequent applications from the French Islands, that their Courts of Admiralty are not fully acquainted with the resolutions of Congress, passed the 14th of October, 1777, which vest in the captors the property of such of the enemy's vessels as are taken by their mariners; and being called by the letter, a copy of which I do myself the honor to enclose, to attend particularly to the case of Captain Jones and his crew, I must beg, Sir, that you will do me the favor to recommend it to the notice of the General and Commander in Chief of the French Leeward Islands, for whose use I enclose a certified copy of the above mentioned resolutions of Congress, presuming that the Court of Admiralty will pay some respect to them in their decisions, though they may not be strictly agreeable to the rules they have adopted, since it would be highly disadvantageous to both nations to have that considered as lawful prize in one port, which is not so in another. But should the Court think they are not warranted in condemning the vessel, she should at least be restored to Captain Jones or his agent, that she might, by being brought to a port of the United States, become lawful prize.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
HEADS OF A VERBAL COMMUNICATION MADE TO THE SECRETARY OF FOREIGN AFFAIRS BY THE MINISTER OF FRANCE.
In Congress, November 23d, 1781.
The Secretary of Foreign Affairs laid before Congress the following heads of a verbal communication made to him by the Minister of France.
The Minister of France informed the Secretary of Foreign Affairs, that the Count de Vergennes, in a letter to him of the 7th of September, 1781, assured him that the King of France had received with great pleasure, an account of Mr Adams, Mr Franklin, and Mr Jay's appointment to the place of Ministers for the negotiation of peace; and after expressing favorable sentiments of them and of Mr Jefferson, from his general reputation, adds, that they have little reason to hope for the assistance of Mr Laurens, since the enemy will probably continue his captivity during the war. That the King accepted with pleasure the proofs, which Congress have given him of their confidence, when they intrusted to his care the interests of the United States. That he would use his influence and credit for the advantage of his allies, whenever a negotiation should render their interests a subject of discussion. That if he did not obtain for every State all they wished, they must attribute the sacrifice he might be compelled to make of his inclinations, to the tyrannic rule of necessity. That, however, he had no reason to believe, that the events of the campaign would make an unfavorable change in the situation of affairs; and that from the present view of them, he had no cause to dread a disadvantageous peace.
The Count adds, that he presumes Mr Adams has communicated to Congress his Majesty's refusal to accede to the terms of the mediation of the Imperial Courts, until they should agree to acknowledge the American Plenipotentiaries in the manner most conformable to the dignity of the United States; and observes thereon, that if the King was so attentive to a matter of form, though it might indeed in our present situation be considered as important, he would not be less tenacious of our more essential interests, which he will be zealous to promote, as far as circumstances will allow. But that if notwithstanding this, Congress, or even a considerable part of its members, should regret the confidence they had placed in his Majesty, or wish to free their Ministers from this restraint, his Majesty would not disapprove the measure; provided they made their Ministers answerable, as in justice they should be, in proportion to the powers, with which they invested them. He expresses his satisfaction at the extensive powers, with which the Ministers are invested as to the matter of boundary, and the truce, which he says, the interests of France as well as of us, require to be as long as possible.
With respect to the statu quo, he says, that though from the number of their conquests it would be beneficial both to France and Spain, yet it has not entered into their system so far as it regards America, and that his Majesty accordingly refused to accede to the plan of negotiation proposed by the mediating powers, which held up that idea. He exhorts the Minister to recommend to Congress the most vigorous exertions, and to assure them, that the expulsion of the enemy from this continent depends in a great measure on the exertion of the United States; that France would be able to afford us very little assistance; and that Britain, so far from discovering any inclination to peace upon reasonable terms, absolutely refused the plan of negotiation proposed by the mediating powers; so that arms alone could compel her to it. He mentions, that the King being apprehensive, that the capture of the Marquis de Lafayette might reduce us to some difficulties, had ordered her cargo to be replaced immediately; and that in consequence of applications from the States of Virginia and Maryland, he had ordered a number of arms and military stores to be shipped to them, subject however to the order of Congress. That this and the cargo designed to replace that of the Marquis de Lafayette, were to be paid for out of the loan negotiated in Holland, which he had occasion to think would be completed. He expresses a desire, that the plan for the appointment of Consuls should be digested and adopted, as the Court of France wished to make it the basis of some commercial arrangements between France and the United States.
The Secretary for Foreign Affairs further informed Congress, that the Minister of France had communicated to him the following extract of a letter from the Count de Vergennes, which he had transmitted to the Superintendent of Finance.
Extract of a letter from the Count de Vergennes, September 7th, 1781.
"We think that since the arrival of Colonel Laurens, you have stopped the bills of Mr Morris on Messrs Le Couteulx. If the Superintendent has not followed your advice, he will cause us some embarrassment, as we have not destinated any fund for that article. We have peremptorily declared to Dr Franklin, that we will not in future discharge any bills, that had not been drawn with your consent. As to you, Sir, we cannot but repeat our former instructions on this subject; and we direct you to authorise no draft even for a small sum."
No. 1.
The Answer of his Most Christian Majesty to the Articles proposed by the two Mediating Courts.[2]
Translation.
The mediators are too well satisfied of the moderation of the King, and his constant wish for the re-establishment of peace, not to be previously assured, that his Majesty will receive with as much gratitude as warmth the Preliminary Articles they have communicated. The King, the more fully to convince the two high mediators of his frankness and of the purity of his intentions, as well as of the unreserved confidence, that he places in the justice and impartiality of their High Imperial Majesties, believes he ought to make some confidential observations upon these Preliminary Articles. His Majesty flatters himself, that this will be more acceptable to them as its sole objects are to prevent discussions, which are equally mischievous and complicated, and to facilitate the much wished for success of their generous interposition.
"Article i. There shall be a negotiation at Vienna, by the united care of the two Imperial Courts, embracing all the objects for the re-establishment of peace, which the belligerent parties, who intrust them with the mediation, shall judge proper to be there proposed. A negotiation shall in the meantime be entered into between Great Britain and her Colonies for the re-establishment of peace in America, but without the intervention of either of the other belligerent parties, or even of the two Imperial Courts, unless their mediation shall be formally demanded and accorded, for this object."
According to the verbal observations, the expressions in the first part of this Article have been used merely to place the King of Spain in a situation to propose the cession of Gibraltar, and this turn has been judged necessary because the Court of London had previously declared, that it ought to be made without reference to this cession, while the Catholic King demands it as a preliminary; as this part of the Article immediately affects the Court of Madrid, the King cannot but refer himself to it for the answer that shall be made thereto. His Majesty is content to observe, that having united himself in the same cause with the King, his uncle, he neither can nor will separate his interests from those of that Prince, and that he regards the satisfaction he claims as a condition, without which he cannot personally treat of those matters.
As to the second part of the Article, the two Imperial Courts cannot flatter themselves with the hopes of bringing their mediation to a happy issue, if they do not prevent the subterfuges, the subtelties and false interpretations, which either of the belligerent powers may avail themselves of to explain according to their views the preliminary propositions, which will certainly happen if they do not previously ascertain the sense of the expressions, which relate to America.
The Court of London will elude as much and as long as she possibly can, the direct or indirect acknowledgement of the independence of the United States, and will avail herself of the terms, that are used in speaking of them, to maintain, that she is not obliged to treat with her ancient Colonies as with a free and independent nation. That she is consequently not reduced to admit a Plenipotentiary on their part, and that she is at liberty to view the American representative as a deputy from a part of her subjects who demand a favor. From whence it will follow, that when the mediation is in force, and they shall be about to enter upon the negotiation, that they will dispute the character, in which the American Plenipotentiary shall be received. The King of England will consider him as his subject, while Congress will demand, that he shall be received as the representative of a free people, by means whereof the mediation will be stopped at the first outset.
To prevent this inconvenience it should seem, that previous to any other measure, the character of the American agent ought to be determined in the most precise and positive manner, and Congress should be invited to confide its interests to the mediation. This invitation is so much the more interesting, as the negotiation relative to America should go hand in hand with that of the Courts of Madrid and Versailles, and by consequence, the negotiations although separate should commence at the same time.
But who will invite the Congress to treat with England? The King cannot, since the First Article excludes him from the negotiation. This task then can only be executed by the mediators themselves; all that the King can do, and that he will do with zeal and fidelity, is to invite the Americans to the peace, and to facilitate it by every means that they believe compatible with their essential interests. But that the King may take this step with safety, and the hopes of success, and with the certainty of not rendering himself suspected by the Americans, it is necessary that he should first know the determination of the mediators upon the observations now made to them, and that this determination should be such as to secure to the American States their political existence.
The two high mediators and their Ministers are too enlightened not to perceive, that without this preliminary measure the Congress will send no person to Vienna, and that the King can make no attempts to engage them thereto, without incurring the danger of involving himself, by means whereof, and for the reasons already urged, the mediation will be stopped at its first outset. These reflections appear to merit the most serious attention of the two mediating Courts.
"Article ii. This separate peace cannot, however, be signed, except conjointly, and at the same time with that of the powers whose interests shall be treated by the mediating Courts. Although neither peace, notwithstanding they are treated separately, shall be concluded without the other, yet care shall be taken to inform the mediators constantly of the progress of that, which regards Great Britain and the Colonies, to the end, that the mediation may be able to regulate the measures intrusted to it according to the state of the negotiation relating to the Colonies, and both of the pacifications, which shall have been separately concluded at the same time, shall be solemnly guarantied by the mediating Courts, and by every other neutral power, whose guarantee the belligerent powers may think proper to claim."
When the United States shall have been duly called to the Congress at Vienna, and shall have commenced their separate negotiation with England, this Article will make no difficulty with his Majesty.
"Article iii. To render the negotiations of peace independent of events of war, always uncertain, which may arrest, or at least retard their progress, there shall be a general armistice between the two parties, during the term of one year, reckoning from —— of the month of —— of the present year, or reckoning from the month of —— of the year 1782. Should it happen, that a general peace should not be re-established during the first term, or whilst the duration of either of these terms continues, everything shall remain in the same state, in which it shall be found at the signing of these preliminaries."
This Article includes two objects equally important; an armistice and a statu quo. The mediators have already acknowledged, that without this preliminary basis, they cannot enter upon a serious negotiation for a peace; and, for still stronger reason, these preliminaries should be established before a truce can be spoken of.
The two mediating Courts are themselves of this opinion, since they do not propose the armistice, but in consequence of the acceptation of the first and second Preliminary Articles. The King thinks, that before they can agree to an armistice, it is necessary that the belligerent parties should have established preliminaries; and it cannot be denied, that the basis, which the high mediators have proposed, may lead to a delay of those preliminaries, which should serve as the pledge and security for the re-establishment of peace, when, in fact, they really afford none.
But when these preliminaries shall be invariably established, it may be of consequence to determine what duration should be given to the suspension of arms. The plan of the mediators proposes one year; but this term appears too short not to be illusory. In fact, it should be observed, that the fire of war being kindled in the four quarters of the world, one part of the year will have revolved before the orders can be received by the respective commanders; so that tranquillity will be established in Europe, while hostilities continue in America and in the Indies. Besides, all the powers remaining armed, the slightest circumstance may occasion a violation of the truce.
In fine, it is in vain to flatter ourselves with the hope of concluding a definitive peace in the short space of one year; as, exclusive of the variety of subjects, that must necessarily be discussed, the two mediating Courts are at a great distance from each other; nor is there less between the belligerent powers; and we should deceive ourselves, if we supposed, that all the propositions, which will be made on the one part, and on the other, will not give room for much debate and altercation; or, that they will not, consequently, consume much time.
To these considerations we ought to add, that an armistice for one year would be very burdensome, because the powers at war will be obliged to remain in arms, to their manifest loss, as it will be impracticable to disarm, as well from the dispersion of the troops, as from the enormous expense, if, (which is highly probable) it should become necessary to renew hostilities. If, then, the mediators wish sincerely to establish the peace they propose, they should prefer a truce of many years to a simple armistice for one year. This expedient is better adapted to consolidate their work, than a suspension of arms for a short time. But a truce will have the same inconveniences, and be equally dangerous with an armistice, if the belligerent powers remain under arms. Thus it seems necessary to agree at the same time reciprocally to disarm.
But supposing these two points settled, there remains another equally important, that is the statu quo. Neither France nor Spain have any reason to reject it, so far as they are individually concerned. This is not the case with the Americans. To be satisfied of this, we need only cast our eyes upon the points, that the British troops actually occupy upon the continent of North America. The question, then, will be to obtain the consent of the United States, and this consent can only be demanded by the two Courts that offer their mediation, for the reasons that have already been urged.
"Article iv. This plan of negotiation being adopted by all the parties, the belligerent powers shall request the mediators to open the conferences of the Congress, and shall without delay give their respective plenipotentiaries such full powers and instructions, as they shall judge necessary for the success of the negotiation."
The King will conform himself, with as much pleasure as earnestness, to this Article, as soon as the preliminary basis shall be irrevocably established, agreeably to the observation above mentioned. And the King will then authorise his plenipotentiaries to treat immediately of the Preliminary Articles, which should lead to a cessation of hostilities; and, as soon as these Articles shall have been agreed to, to labor with zeal and assiduity for the early conclusion of a definitive treaty. The high mediators may be assured, that his Majesty will facilitate this double task by every means, which he shall deem compatible with his dignity, with his interest, and with those of his allies; and that as far as depends upon him, they will acquire the glory of having established, upon a solid and unalterable basis, the peace and tranquillity of every part of the world.
FOOTNOTES:
[2] Austria and Russia proposed to act as mediators for a general peace about the beginning of the year 1781. Some particulars on this subject will be found in John Adams's Correspondence, Vol VI. p. 98;—also in Flassan's Diplomatic Française, Vol. VII. p. 300.—The papers here inserted are imperfect, but they are all that could be found in the Department of State. They will serve to illustrate that part of the preceding communication of M. de la Luzerne, which relates to the proposed mediation.
No. 2.
The Answer of the Court of London to the Preliminary Articles proposed by the Mediating Courts.
I am authorised to return an answer to the paper, which, by order of your Court, you delivered me, and of which I have given an account to his Majesty.
The answers marked A and B,[3] which I have the honor to submit to you, explain the unalterable sentiments of the King, upon points essential to his dignity, and demonstrate the reasons, that obliged his Majesty to decline the plan proposed, so far as it relates to his rebellious subjects. The King knows the justice and the impartiality of the mediating Courts, and he considers the plan with that spirit of conciliation which they give birth to. But his Majesty cannot but see it in a very different point of view, from that in which it appeared to the august mediators when they supposed it admissible in all points.
The King persuades himself, that after having considered it again, they will not entertain the same judgment relative thereto as heretofore; and that they will even cease to wish that it should be admitted, since, from their intention, as well as from the principles, which they have laid down with so much wisdom, and which the King adopts altogether, it necessarily results, that everything inconsistent with the dignity of his Majesty, the essential interests of his nation, and the rights of his crown, is inadmissible. A just and honorable peace with the belligerent powers, under the mediation of the two Imperial Courts, is the first object of his Majesty's wishes. The King knows, that the two august mediators will pursue the great work, that they have undertaken, with the same sentiments, which induced them to engage therein, the desire of being useful to the belligerent powers; and his Majesty hopes, that their generous care will be crowned with success, and that they will serve to reconcile all the sovereigns at war, by a safe and honorable peace, which it shall be the interest of all parties to accept, and which shall not wound the dignity of either of them.
The sincere desire of peace, the gratitude due to the august sovereigns, who have been willing to charge themselves with the mediation of it, and the sentiments with which the King will always receive whatever shall be proposed to him by them, would dispose his Majesty to accept the proposed Articles, if that acceptation could be reconciled to his dignity, the interests of the empire, and the rights of his crown.
1st. On every occasion, in which there has been a question of negotiation, since the commencement of the war with France, the King has constantly declared, that he could never admit in any manner whatsoever, nor under any form, that there should be any interference between foreign powers and his rebellious subjects.
2dly. The resolution of his Majesty upon this important object is founded upon what the King owes to his own dignity, upon the essential interests of his people, and upon the incontestible right, which every Sovereign has to determine at his pleasure, that which is clearly within his jurisdiction. This resolution is as immutable, as the foundation upon which it rests. From the application of this principle to the different points of the first, second, and third articles, results the melancholy, but indispensable necessity of declining all that is proposed in these different articles relative to the rebellious subjects of his Majesty.
The King invariably entertains the desire, which he has so often manifested, of terminating the war in which he is engaged with the belligerent powers, by a just and honorable peace, under the mediation of the Imperial Courts, and for this purpose his Ministers shall be furnished with instructions and full powers, necessary to treat of all objects directly relative to the said powers. They shall be ordered to pursue the negotiation conformably to the principles explained therein, with all possible zeal, and to contribute on their part every suitable means to conduct it to a happy end.
FOOTNOTES:
[3] These papers are missing.
No. 3.
The verbal Answer of the King of Great Britain to the to the verbal Observations made by the Count de Belgiojoso, Austrian Ambassador in London.
Since the King finds himself under the necessity of declining a plan proposed by the two mediating Courts, he should think himself wanting in that respect, which is due to them on so many accounts, if he did not give some details of the reasons, which have rendered it indispensable for him to take this step. His Majesty is persuaded, that when the two august mediators shall have considered them with that spirit of justice and impartiality, which characterises them, they will become sensible of their weight.
The King would derogate from his rights of sovereignty, should he consent in any manner to the admission of any person whatever, delegated to the Congress by his rebel subjects; this admission being absolutely incompatible with their quality of subjects. For the same reason, conciliatory measures employed to put an end to a rebellion, ought not to be intermixed, either in their commencement or in their conclusion, with a negotiation between sovereign States.
In consequence of the same principle, his Majesty can never enter into any engagements, nor adopt any plan, which may limit or suspend the incontestible right, which every Sovereign has, to employ all the means in his power to terminate a rebellion kindled in his dominions, either by the progress of his arms, or by conciliatory means employed in the country itself. If, instead of taking advantage of the present disposition of a great part of his rebellious subjects to return to their allegiance, he was to stop the effect and progress of that disposition by stipulating a suspension of arms, he would retard the instant of that reconciliation, which he wishes so much to hasten, and would furnish the leaders of the rebels with the means of fostering and strengthening their rebellion, and oppressing the well-affected by the weight of their usurped authority; he would put it in the power of his enemies to prolong the troubles, if he made the return of peace in America to depend on the success of a negotiation with a belligerent power, a negotiation which it would always be in their power to render fruitless.
The favorable intentions of the King towards his rebellious subjects, and his desire to make them experience the effects of his clemency, and restore to them the happiness, which they enjoyed before their rebellion, are generally known, but whatever may be the arrangements, which his Majesty will make to restore and ensure the quiet of his Colonies, and link the happiness of his American subjects to that of the metropolis, they will be in their nature as all things are, which are merely national, arrangements of internal policy, and as such, they cannot properly be the object of the mediation or guarantee of any foreign power. When the King availed himself of the dispositions of the two Imperial Courts and employed their mediation, his Majesty gave it plainly to be understood, that he aimed at the restoration of peace between the belligerent powers, to which alone it appeared to him that a mediation could be applied. Persisting invariably in the same sentiments, the King wishes that the mediation, at the same time that it confines itself to this particular object, may comprehend it in its full extent, and that the war between Great Britain and the Republic of Holland may be included in it.
If the negotiation is opened, agreeably to these principles, and directed solely to this salutary end, if the other belligerent powers bring to it the same conciliatory spirit which his Majesty will show, the generous care of the mediating powers will meet with a success the most complete, and the most conformable to their views.
No. 4.
Reply of the Mediators to the Belligerent Powers.
Translation.
The Courts of Versailles and Madrid having transmitted to the two Imperial Courts their respective answers[4] to the Articles proposed to serve as a basis to the negotiation, which had been communicated to them, as the Court of London had done on the 15th of June last, the two Imperial Courts think, that they must not delay to communicate their reply reciprocally to the three respective Courts, as necessary to their mutual direction, and they have directed in consequence their Ambassadors and Ministers with the said Courts, to present copies of them to their respective Ministers.
Their Imperial Majesties have seen with the greatest satisfaction, in that which was transmitted to them by his Most Christian Majesty, the assurance of the grateful sentiments and real pleasure, with which his Majesty has received the said Articles, but they could not but be so much the more affected by the exposition of the motives, which have appeared to his Britannic Majesty sufficient to prevent his acceptation of them. It appears convenient to them in the actual state of things to refer to another time, and other circumstances the observations, which they might produce, and which it would probably be useless to expose in the present moment, but what cannot be so either at present or in future, is that the belligerent powers may see in their proper light the Articles, which have been proposed to them, and may in consequence appreciate them properly.
The mediating powers could not allow themselves to make any propositions, which might wound the dignity or delicacy of either of the parties, or any of those, which might in the first instant have obliged them implicitly or explicitly to decisions, which can only be the result of a consent obtained by the way of negotiations. They must consequently have confined themselves to seeking and finding out some proper means to enable the belligerent powers to assemble their respective Plenipotentiaries, at the place where the Congress shall sit, to endeavor, under the mediation of the two Imperial Courts, to settle amicably all the differences, which are the causes of the present war, and when once they have met, and are provided with instructions for all possible cases, to be continually at hand, to seize one of those happy moments, which circumstances sometimes bring on, and which are often lost forever, or at least for a great while, when one has not been at hand to take advantage of them.
They have found at the same time no other inconveniency in this, but that perhaps the progress of the negotiation might not be altogether so rapid as it would undoubtedly be wished. The suspension of arms and of the statu quo by itself, independent of the remaining part of the proposition, can either be adopted or rejected; and after having weighed with the greatest impartiality the inconveniencies and advantages, which may result from the acceptation of their propositions, it has consequently appeared to them, that nothing could better suit the respective interests of the belligerent powers, as well as their general and particular circumstances. They still persist in that opinion, and from the sincere interest, which they take in the circumstances of all the belligerent parties, they cannot but wish, that they might still admit between themselves, with such modifications as they should think proper, the Articles, which have been proposed to them, and which, as his Most Christian Majesty well observes, are not Preliminary Articles, as in the nature of things they could not be such, but which can no less be the means, not only of bringing on at one moment or other the conclusion of a preliminary treaty, but perhaps even that of peace, a speedy return of which is so much to be wished for.
The two Imperial Courts have thought, that in return for the confidence, with which his Most Christian Majesty has expressed himself in his answer, they ought to show as much in exposing to him the light, in which they have seen the step they have taken in proposing the Articles, which they have caused to be communicated to him, and which they still persist in holding out, that the belligerent parties may still be able to adopt what has been proposed to them, or if not, to communicate some other idea, which may be productive of the same good effects, or of happier ones if possible. His Most Christian Majesty may be persuaded beforehand, that in that case they will with the greatest zeal make such use of it as they shall think most useful and convenient. Nothing can certainly add to the sincerity, with which they will take care to justify on every occasion the confidence, which the high belligerent parties have shown in accepting their mediation.
FOOTNOTES:
[4] The answer of the Court of Madrid is missing.
No. 5.
Answer of the Court of France to the Reply of the Mediators.
Translation.
The King has received, with equal sensibility and gratitude, the answer of the two mediating Courts; his Majesty regards it as a new proof of their friendship for him, of the just estimate which they form of his confidence in their impartiality, and of the true interest which they take in the prompt re-establishment of peace.
The King has not changed, and will not change, in his desire to second views so salutary; and the two high mediating powers may be assured, that so far as concerns his Majesty, it will not be owing to him, if they are not soon in a situation to give full scope to their beneficent zeal.
But the Court of London deprives the King of every expedient and every hope, on this subject, by its invariable resolution to regard and treat the Americans as its subjects. Such a resolution renders abortive every exertion, that may be made for obtaining peace. It utterly destroys the plan of the two mediating powers, since it decides, in the most peremptory manner, the question which is the subject of dispute, and the direct or indirect decision of which should be the preliminary basis of the future pacification.
In this state of things the King thinks, that the conferences, proposed by the two mediating Courts, would at present be without effect, and that the meeting of the respective plenipotentiaries would be but a vain pretence, which would not diminish nor abridge the horrors of war, and which might compromise the dignity of their Imperial Majesties.
The King is truly sorry to see, that things have taken a direction so contrary to his wishes, and to the expectations of their Imperial Majesties; and, if it were in his power to change it, he would do it with an eagerness, which would show to them the purity of his intentions; but his Majesty thinks it his duty to observe, that he has allies with whom he has inviolable engagements, that he should betray them by abandoning the American cause, and that he should betray this cause, if he consented to negotiate a peace separate from and independent of the United States. The high mediating powers have perceived the impossibility of such a proceeding, since they have themselves proposed to place the negotiation of the King, and that of the United States, upon an equal footing.
But even admitting, that the King should lay the affairs of America out of the question, that he should be content to act only for his own personal interest, and that he should leave to the Americans the care of coming to an accommodation with their mother country, what would be the result of this mode of proceeding?
The result would be, that the peace would be deceptive; that it would have a merely speculative existence. In fact, if, as appears from the strongest evidence to be probable, the Americans should persist in their refusal to return to their obedience to the British crown, the war between Britain and her former colonies would still continue. The King would then be obliged, as at present, to assist them; the King of Spain, on his part, would be under the necessity of assisting his Majesty; so that France and Spain, after the signature of their private treaty, would be in the same situation as they now are.
These considerations seem to the King to be most forcible, and his Majesty has too just an idea of the wisdom and penetration of the two high mediating powers, not to be convinced, that they will regard them in the same point of view, and that they will wholly approve the cautious course which they oblige him to pursue.
The King is earnestly desirous to be able to change this course, and it is in consequence of this desire, that he invites the high mediating powers to employ all their influence at the Court of London to induce that Court to show dispositions, which may convince us, that it is at last resolved to unite, in good faith, in a prompt and equitable peace.
The King thinks, that he ought to inform the high mediating powers, that his Ambassador at Vienna is at present authorised to attend to all overtures and all expedients, which tend to this object, whether they come from the Court of London, or are proposed by their Imperial Majesties; and he is also authorised to join in the negotiation, if sufficient grounds are presented to him, for conducting it safely to a happy conclusion, under the auspices of their Imperial Majesties.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, November 23d, 1781.
Sir,
I have the honor of sending to you a letter, which I wrote to the commanding officer of St Domingo, in consequence of that with which you honored me yesterday.
Be pleased to send the two despatches to those interested, in order that they may send them to their Fondé de Procuration by safe opportunities.
I have the honor to be, &c.
LUZERNE.
CONGRESS TO THE KING OF FRANCE.
The United States in Congress assembled to their Great, Faithful, and Beloved Friend and Ally, Lewis the Sixteenth, King of France and Navarre.
Great, Faithful, and Beloved Friend and Ally,
At a period so glorious to the arms of France, both by sea and land, and so favorable to the fortunes of America, it is with particular satisfaction that we congratulate the Monarch, whose wise counsels and generous support have so largely contributed to events, illustrious in themselves, and promising consequences truly important.
We wish to convey to your Majesty our sense of the victory obtained by the Count de Grasse over the enemy's fleet on our coast, and the subsequent reduction of the British armament in Virginia; and we repeat our grateful acknowledgments for the various aids so seasonably extended to us. From the benevolence and magnanimity, which has hitherto interested your Majesty in the welfare of these States, we are convinced, that you will on this occasion feel an equal pleasure with ourselves, whose immediate advantage is the result of such fortunate exertions.
We mention with great pleasure the zeal and ability manifested by the Count de Rochambeau, commanding your Majesty's forces in the allied army. His conduct, and that of his officers under him, merit our fullest approbation; and we are made further happy by the perfect harmony and affection, which has subsisted between the troops of the two nations.
The distress occasioned to the common enemy by combined operations will, we trust, point out to both nations the utility of similar measures in future; and whilst it induces your Majesty to supply that naval force, which the situation of our country renders necessary, will urge the United States to every effort which their particular interests, added to their desire of seconding your Majesty's views, can call forth to ensure the complete success of attacks upon the enemy's strong holds.
It is with great pleasure, that the United States continue to number some of your Majesty's subjects amongst their most able, spirited, and faithful officers. It affords the world a striking proof of the intimate connexion, which subsists between the allied nations, at the same time serves to cement the union which it manifests.
Major General the Marquis de Lafayette has in this campaign so greatly added to the reputation he had before acquired, that we are desirous to obtain for him, on our behalf, even notice in addition to that favorable reception, which his merits cannot fail to meet with from a generous and enlightened Sovereign; and in that view, we have directed our Minister Plenipotentiary to present the Marquis to your Majesty.
We pray God, Great, Faithful, and Beloved Friend and Ally, always to keep your Majesty in his holy protection.
Done at Philadelphia, the twentyninth day of November, in the year of our Lord one thousand seven hundred and eightyone, and in the sixth year of our independence. By the United States in Congress assembled. Your faithful Friends and Allies.
JOHN HANSON, President.
Charles Thomson, Secretary.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, December 11th, 1781.
Sir,
I have received the letter, with which you yesterday honored me. I have, consequently, the honor of sending you triplicate copies of a letter, which I wrote to the Count du Durat, Governor of Grenada. Be pleased to send it to the persons whom it concerns, and at the same time to advise them to annex to it copies of their memorial in French. I hope that it may prove satisfactory to them. I can do nothing else in affairs of this kind, except to invite the Admiralties of our Islands to take them into consideration.
I have the honor to be, &c.
LUZERNE.
TO COUNT DU DURAT, GOVERNOR OF GRENADA.
Translation.
Philadelphia, December 11th, 1781.
Sir,
I have the honor of sending you a copy of a memorial presented to the State of New Hampshire, and sent by that State to Congress, relative to a ship carried to Grenada by some American sailors, whom the English had compelled to serve on board of her. I do not know what are the rules or usages, to which the Admiralty of Grenada conform in such cases, I merely inform you, Sir, that by the laws of Congress, when insurgent sailors bring an English vessel into the ports of the United States, it is adjudged as a prize to them. The Admiralty of St Domingo, knowing these laws, have not hesitated, in a similar case, to restore the prize to the Americans, who had conducted it into port, after deducting the expenses of the proceeding.
I have the honor to be, &c.
LUZERNE.
[2] Austria and Russia proposed to act as mediators for a general peace about the beginning of the year 1781. Some particulars on this subject will be found in John Adams's Correspondence, Vol VI. p. 98;—also in Flassan's Diplomatic Française, Vol. VII. p. 300.—The papers here inserted are imperfect, but they are all that could be found in the Department of State. They will serve to illustrate that part of the preceding communication of M. de la Luzerne, which relates to the proposed mediation.
The Answer of his Most Christian Majesty to the Articles proposed by the two Mediating Courts.[2]
[3] These papers are missing.
The answers marked A and B,[3] which I have the honor to submit to you, explain the unalterable sentiments of the King, upon points essential to his dignity, and demonstrate the reasons, that obliged his Majesty to decline the plan proposed, so far as it relates to his rebellious subjects. The King knows the justice and the impartiality of the mediating Courts, and he considers the plan with that spirit of conciliation which they give birth to. But his Majesty cannot but see it in a very different point of view, from that in which it appeared to the august mediators when they supposed it admissible in all points.
[4] The answer of the Court of Madrid is missing.
The Courts of Versailles and Madrid having transmitted to the two Imperial Courts their respective answers[4] to the Articles proposed to serve as a basis to the negotiation, which had been communicated to them, as the Court of London had done on the 15th of June last, the two Imperial Courts think, that they must not delay to communicate their reply reciprocally to the three respective Courts, as necessary to their mutual direction, and they have directed in consequence their Ambassadors and Ministers with the said Courts, to present copies of them to their respective Ministers.
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, December 21st, 1781.
Sir,
I do myself the honor to enclose an extract of my letter to Dr Franklin, on the subject of the late ordinance of Congress, relative to captures. Though in it I suggest a mode, by which the identity of goods captured and shipped may be authenticated, yet I have not thought it prudent to give it the preference to any other, which Dr Franklin, upon communicating with the Minister, may think more proper. I have only to request, that you will by your representations second his, and urge the Court of France to adopt the regulation above suggested, or any other that will best guard against this illicit commerce on the one hand, or the injury of innocent dealers on the other.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, January 19th, 1782.
Sir,
I do myself the honor to enclose two letters from Mr Deane, which were delivered with his own hand to a Mr Marshal, who has sworn to their identity. These add so much weight to the suspicions already entertained against him, that they may probably be of use to your Court in justifying any measure, which they may deem it proper to adopt, to prevent the ill effects of the principles he endeavors to disseminate, and to invalidate the ill-founded assertions he makes.
I beg to be informed whether you think it probable that the Hermione has sailed yet, and if not, whether you have any express going down to her.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, January 20th, 1782.
Sir,
I thank you for communicating to me Mr Deane's two letters. I shall transmit them to my Court. I am not at present, sending any express to the Chesapeake, but I shall probably send one as soon as I shall have received the letters, which should have been brought by the Sybil. It is still possible that the Hermione may be charged with them.
I proposed to have the honor, at the first opportunity, of conversing with you upon a circumstance, which it is desirable that Congress should alter. In the State of Massachusetts there is no Marshal of the Court of Admiralty. The custom in that State is, to put into the hands of the agent of the libellant the effects libelled, and the proceeds of their sale, if it has taken place. This practice has already been attended with great inconveniences, as it respects French merchants, and particularly as it respects a Spanish vessel, the owners of which, it is thought, have lost from twentyfive to thirty thousand pounds sterling, merely because the contested property had not been put into the hands of a responsible public officer. You will be better able, Sir, than I am, to judge by what means these inconveniences may be remedied.
I have the honor to be, &c.
LUZERNE.
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, January 24th, 1782.
Sir,
Reflecting that our not communicating the resolutions of the 22d to you, when we send them to Dr Franklin, might appear to the Count de Vergennes to betray a want of confidence in you, which I am persuaded Congress do not entertain, I am led to consider my not having received instructions to communicate them as a mere accidental omission, and accordingly take upon me to enclose a copy of them. You will, I presume, put them in cypher before they are sent off. To give you leisure to do it, I have not sent them to your house, but have ordered my servant to find you at the Assembly.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, January 25th, 1782.
Sir,
I have the honor of sending back the resolution of Congress of the 22d instant, and of thanking you for this communication. The letters which I have had to write to France, in answer to those which I received by the Sibyl, being now finished, I shall have the honor of communicating to you, before the end of the week, the news which I have received.
I have the honor to be, &c.
LUZERNE.
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, January 28th, 1782.
Sir,
The undersigned, Minister Plenipotentiary of France to the United States, has the honor of informing Congress that a great part of the loan of ten millions of livres tournois, opened in Holland on account of the United States, was taken up in October last, and that the interest on it has been fixed at 4 per centum. It is now proper that Congress should be pleased to send to Mr Franklin, the instructions and the authority necessary for performing the acts required to bind the United States, in their engagements with his Majesty on account of this loan, as well as of the interest and expenses which it has occasioned. The undersigned has informed the Superintendent of the Finances, that after deducting the money advanced by his Majesty for this loan, there would remain about four millions of livres, at the disposal of the United States when the loan is entirely taken up.
LUZERNE.
THE SECRETARY OF FOREIGN AFFAIRS TO THE PRESIDENT OF CONGRESS.
Philadelphia, January 29th, 1782.
Sir,
The Minister of France informed me, that he was desirous of making some communications from letters received by the Sibyl. Ten o'clock this day was appointed to receive them. He accordingly came, and read to me passages of a letter of Count de Vergennes to him, dated October 17th, 1781, which contained in substance,
That France wished (as was evident, from her going into the war on our account) to obtain every advantage for us. That powers at war must often be governed by circumstances. That if events would enable her to command them, we might depend on everything she could obtain. That her political system depended not only on America, but on the other powers at war. That if France should continue hostilities merely on account of America, after reasonable terms were offered, it was impossible to say what the event might be. That his Majesty was, however, at all events, determined to adhere to the true principles of the alliance, and would farther endeavor to obtain for us whatever we demanded, as far as events would justify.
He observed, that people in America appeared to be greatly deceived with respect to the disposition of the belligerent and mediating powers, and to imagine that all were anxious for a peace; that this was so far from being the case, that Great Britain had not yet returned any answer to the overtures of the Imperial Courts, nor had any reply been made by the latter to the answer given them by France, from which delay it might be easily imagined peace was far distant. That from the present situation of Spain, there was strong reason to suppose she could not spare us any money, her own operations requiring all she had. That he hoped France would not be called upon to make up her deficiencies, as they were in no situation to make new grants. Besides, that in order to rid us of our embarrassments, they had already made efforts in our behalf, which they had reason to believe exceeded our expectations, and that what they had done for America this year, entitled them to an exemption from further demands.
In a letter of October 20th, 1781, from the Count de Vergennes to the Minister of France, it is observed, that the United Provinces would not embarrass themselves at present by an alliance with us; that in this they will follow the example of Spain; that, however, it will be prudent to keep an agent in Holland, and direct him to advise constantly with Dr Franklin, that we may observe some consistency in our politics. That he fears America founds hopes on the aid of Russia; that nothing can be more groundless; that though he believes she is not averse to the independence of America, yet we ought not to expect that she will move a step in our favor; that she has no particular interest in terminating the war; that as she means to assume the character of a mediator, she must preserve that of justice and impartiality; that nothing, therefore, can extort from her measures that are favorable to us, but a conviction, that we cannot be brought back to the dominion of Great Britain. That this should lead us to think (a sentiment which he desires the Minister to inculcate) that our success depends upon our exertions, and upon our relinquishing the inactivity into which false hopes, excited by success, do sometimes plunge us.
He repeated, that France could lend us no more money; that the ten millions borrowed upon our account in Holland, were greatly sunk by advances made in France; that no bills would be paid in France, which the Minister did not authorise us to draw; that he hoped our officers would have too much prudence to risk the credit of the United States by drawing; that the negotiations are still inactive, and will remain so, till events oblige one or other of the parties to sue for peace. That the success of the expedition against Portsmouth (that being the supposed post of Cornwallis) might possibly have some effect. That the great object of England is America; that she will not cede it while she can carry on the war; that she will certainly make great exertions the ensuing campaign; that equal exertions are therefore necessary on our part. That Spain and Holland view America as the great obstacle to a peace, from which consequences may flow, which people of judgment may easily foresee.
ROBERT R. LIVINGSTON.
COUNT DE VERGENNES TO ROBERT R. LIVINGSTON.
Translation.
Versailles, January 31st, 1782.
I have received, Sir, the letter with which you honored me on the 20th of October of last year. I heard of your appointment as Minister of Foreign Affairs of the United States, with the greater pleasure, as I already knew the extent of your knowledge and your zeal for the interests and the glory of your country.
I am convinced, Sir, that it will be the dearest object of your cares and labors to support the cause for which the United States are contending, and to maintain the principles, which serve as the basis of the union between them and his Majesty. Be assured, Sir, that I shall omit nothing that lies in my power, effectually to second your good intentions. My confidence in your zeal and patriotism is equal to the sentiments of respect, with which I have the honor to be, Sir,
Your most obedient and humble servant,
DE VERGENNES.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, February 1st, 1782.
Sir,
I have received the letter, with which you honored me on the 31st ultimo, and the affidavit enclosed in it. I have the honor of sending it back to you, and I also annex a letter for the commanding officer of the Island of St Domingo. It will be necessary, that Mr William Marshall should be charged to prosecute this affair himself.
I have the honor to be, &c.
LUZERNE.
Instructions to Dr Franklin.
In Congress, February 5th, 1782.
On the Report of the Secretary of Foreign Affairs, to whom was referred the note (dated January 28) from the Minister of France,
Resolved, That the following powers and instructions be given to the Minister Plenipotentiary of the United States of America at the Court of Versailles.
Whereas, the Minister of his Most Christian Majesty has informed the United States in Congress assembled, that the loan of ten millions of livres tournois, opened in Holland on account of these United States, was in a great measure completed in October last, and requested in consequence thereof, that full powers might be expedited to bind these United States to discharge the principal and interest of the said loan, agreeably to the terms thereof, with such expenses as might have accrued in making such loan; you are, therefore, hereby authorised, directed, and empowered, to enter into such engagements with his Most Christian Majesty, with the States General of the United Provinces, with any particular State or Province, or with any man or body of men whatsoever, with whom you may find it necessary to enter into engagements, for the purpose of binding these United States to discharge the said loan, with interest, agreeably to the terms thereof; and also for the repayment of such expenses as have arisen, or may arise by reason of the said loan. And the said United States of America do hereby pledge their faith to confirm what you shall execute in pursuance of the above power.
JOHN HANSON, President.
RESOLVES OF CONGRESS RESPECTING THE COMMUNICATIONS MADE BY THE MINISTER OF FRANCE.
In Congress, February 8th, 1782.
On the Report of the Secretary of Foreign Affairs, to whom was referred the communication made to him by the Minister of France, (November 23d) containing, among other things, an opinion of Count de Vergennes, that his Catholic Majesty will not have it in his power to advance any money to the United States; and expressing in strong terms the Count's hopes, that the United States will not imagine that France should make up the sums they expected from Spain, after the assistance they have already derived from France;
Resolved, That Congress are fully sensible of the frequent, friendly and generous interposition of his Most Christian Majesty in their behalf, and are led from thence to hope a continuation of his assistance, since nothing has been wanting on their part, so to apply the aid he generously affords, as to distress the common enemy, and lead to the great object of their alliance, a safe and honorable peace.
Resolved, That Congress cannot, without injustice to themselves and their ally, withhold from him a knowledge of their present circumstances, or neglect to mention the ruinous consequences that may attend a refusal of those aids, which as well the friendly dispositions of his Most Christian Majesty, as the success that has attended his interposition in their behalf, gave them reason to hope would be continued till the States, which have lately been ravaged by the enemy, had so far recovered their commerce and agriculture, as to be able more effectually to contribute to the general expense; and that his Majesty may be assured, that their applications for this purpose shall not exceed what may be absolutely necessary for the support of the common cause.
Resolved, That the Secretary of Foreign Affairs, consulting with the Superintendent of Finance, explain to the Minister of the United States at the Court of Versailles, the extensive advantages, which have resulted from moneys supplied by his Most Christian Majesty to these United States, and the engagements, which have been entered into with a view to render the next campaign decisive, the consequence of failing in those engagements, and the little prospect there is of fulfilling them without an additional loan or subsidy, for the year 1782, of at least twelve millions of livres tournois, in order that the said minister may present a memorial on this subject to his Most Christian Majesty, and at the same time lay before him the several resolutions lately passed by the United States in Congress assembled, which evidence their unalterable resolution to make every exertion, for a vigorous campaign, which their present situation will allow.
Resolved, That the Minister Plenipotentiary of the United States of America at the Court of Versailles be, and he is hereby instructed and empowered to borrow, on account of these United States, the sum or twelve millions of livres tournois, and to enter into engagements on the part of the United States for the repayment of the same, together with the interest, which is not to exceed the terms allowed or given on national security in Europe.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, February 18th, 1782.
Sir,
The Minister Plenipotentiary of France has the honor of communicating to Mr Livingston a letter from the Marquis de Bouillé, commanding officer of the Windward Islands, and a memorial presented to that General by the Council and Assembly of the Island of Dominica. One of the two cases mentioned in them, that of the Dutch vessel, the Resolution, has been decided by the Court of Appeals, and the sentence of the Court of Admiralty of Philadelphia, has been amended in almost every point. The case of the Eeirsten has been decided at Boston in the first instance, and recently by the Supreme Court of Appeals. As the annexed papers seem to contain means for the revision of the first case, and proofs which were not known to the Judges when the decision was made, the undersigned has the honor of communicating them to Mr Livingston, and requests him to be pleased, after reading them, to send them back to him.
The agent of the merchants at Dominica designs to solicit the said revision, with a view to have all the cargo, without exception, acquitted. The undersigned Minister flatters himself, that Congress will be pleased to enable the said agent to avail himself of the new proofs, which he says that he has obtained. The letter of the Marquis de Bouillé, and the request of the Council and Assembly of Dominica, may hereafter serve to determine the true meaning of the capitulations of the English Islands, taken by the forces of his Majesty; and it is for this reason also, that the undersigned requests that they may be laid before the Tribunal of Appeals. This letter and this request, leave no room to doubt, that the Ostend ship Eeirsten sailed under the faith of the capitulation, and that her owners ought to participate in the advantages secured by it to the capitulators.
The undersigned Minister appeals to the justice of Congress, and of the American tribunals, in favor of those inhabitants or capitulators of the Island of Dominica, who are interested in the cargo of this ship, as subjects of the King, his master, and in favor of those people of Ostend who are interested, as subjects of his Imperial Majesty, who is allied to the King, his master, both by blood and by treaties.
LUZERNE.
THE MARQUIS DE BOUILLÉ TO M. DE LA LUZERNE.
Translation.
Without date.
Sir,
I have the honor to transmit you a Memorial from the Council and Assembly of the Island of Dominica, who lay claim to the Dutch ship Resolution, Captain Waterburg, which has been retaken from an English privateer from Carolina, by the American privateer Ariel, belonging to Messrs Robert Morris, Samuel Inglis, and William Bingham, brought into Philadelphia, and condemned there as a legal prize.
This neutral ship, employed in the exportation of the produce of Dominica by virtue of the proclamation of his Britannic Majesty in favor of neutral ships bound for the British Colonies, conquered by France in the course of this war, would not have been condemned as a legal prize, had it remained in the power of the British privateer, and been brought into a port belonging to his Britannic Majesty. She could not, then, be condemned by the Admiralty of Philadelphia, since that Court could not consider her otherwise than as a neutral vessel, sailing under the faith of his Britannic Majesty's proclamation, which the commander of the English privateer was no doubt ignorant of, and after which she could no longer be considered as a recapture.
This affair, Sir, deserves all your attention, and the particular protection which I request you to grant it, that the owners of this vessel may obtain, from the Council of Prizes of the United States the justice due to them.
It is feared at Dominica, lest the Ostendian ship Eeirsten, Captain Thomson, which sailed for the said Island, and was taken by an American privateer and brought into Boston, may likewise have been condemned; and should this have been the case, I also request your interposition in favor of the owners of the said vessel.
I have the honor to be, &c.
BOUILLÉ.
MEMORIAL OF THE COUNCIL OF DOMINICA.
To his Excellency the Marquis de Bouillé, Marshal of the King's Camp and Armies, Lieutenant General and Governor General, in and over the Islands of Martinico, Dominica, Grenada, and St Vincent, Tobago, &c. &c.
The Memorial of the Council and Assembly, representing the capitulants of this Island.
By virtue of the 17th Article of the capitulation signed by your Excellency, the capitulants of this Island were authorised to ship the produce of their estates, in neutral ships, to neutral ports in Europe, and to receive from them the necessary supplies of provisions and plantation stores.
Annexed to the oaths of the respective shippers of produce on neutral vessels, his Excellency the Marquis du Chilleau, his Majesty's Governor in this Island, granted to the master of each vessel his certificate, that such shippers were capitulants, and the produce laden in such vessel was the growth of their estates, and therein recommended those vessels and their cargoes to the protection of all his Majesty's subjects, those of his Most Catholic Majesty and to the Americans in alliance with France. These certificates were always respected till now, and in consequence such neutral vessels, although detained and examined at different times, arrived at their destined ports.
To the infinite surprise of your memorialists, they have received advice from Philadelphia, that the Dutch ship, the Resolution, Captain Waterburg, was retaken from an English privateer, belonging to Carolina, by the Ariel, an American privateer, belonging to Messrs Robert Morris, Samuel Inglis, and William Bingham of Philadelphia, carried into that city, and was there condemned and sold with her cargo, without respecting either the capitulation, or the certificate and recommendation of his Excellency the Marquis du Chilleau. This ship was loaded at Dominica and regularly cleared there for Amsterdam within the time limited by his Britannic Majesty's Proclamation in favor of Dutch vessels, loading in the conquered Island, the commander of the Carolina privateer, unacquainted with the Proclamation, had detained her as a Dutch ship. That this ship would certainly have been released in Carolina cannot even be doubted, as she had before been carried into the Island of Nevis on the same voyage, and released with a compensation after her papers were examined.
Your memorialists have received further advice, that another American privateer has taken and carried into Boston, the Ostend brig Eeirsten, Captain Thomson, bound from that port to this Island, and laden with provisions and plantation stores for the estates of your memorialists, where we fear she will have the same fate.
If the Americans should persist and be authorised to take and confiscate neutral vessels, loaded with the produce of capitulants' estates under the authority of the French government, and those who in return are loaded with the provisions essentially necessary to them, what is the trade of this Island? This must put an effectual end to it; what resources are then left to us?
The inhabitants of this Island are capitulants, and they dare flatter themselves, that under their present government they have the merit of having constantly manifested the most uniform propriety of conduct; the Americans should not only have respected, but protected their property. Bound to do so by their treaty of friendship with France, by the capitulation, and by the certificate and recommendation of the French Governor.
Your memorialists do therefore most earnestly entreat, that your Excellency will be pleased to take this Memorial into consideration.
Council Chamber, in Roseau, the 23d day of November, 1781.[5]
ABRAHAM SHAW, President in Council.
House of Assembly, Roseau, this 23d day of November, 1781.
J. MORSOU, Speaker of the House of Assembly.
FOOTNOTES:
[5] Extract from an authentic copy of the capitulation, granted by the Marquis de Bouillé to the Island of Dominica.
"Article 7th. That they (the inhabitants of Dominica) shall pay no other duty to his Most Christian Majesty, than they have paid to his Britannic Majesty, without any charge or imposts. The expenses attending the administration of justice, the Minister's stipends and other customary charges, shall be paid out of the revenue of his Most Christian Majesty in the same manner as under the government of his Britannic Majesty.
"Granted, and that the inhabitants of Dominica may freely export their produce to all parts, on paying into the custom house the duties, which the inhabitants of the French Islands pay in the Islands or in Europe; but the expenses for administration of justice shall be paid by the Colony.
"Article 17th. The merchants of the Island may receive vessels to their address from all parts of the world, without their being confiscated, and they may sell their merchandise, and carry on their trade; and the port shall be entirely free, for them for that purpose, paying the customary duties paid in the French Islands.
"Granted, until the peace, English vessels excepted."
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs. February 20th, 1782.
Sir,
I was yesterday honored with your note, covering the papers, which relate to the ship Resolution's cargo, and the brigantine Eeirsten's. With respect to the first, I believe there is little doubt, that that part of the cargo, which is condemned would be acquitted upon a rehearing, and proving, that it was the property of capitulants. The case of the brigantine is much more intricate, and carries strong marks with it of a fraudulent design to protect British property, contrary to the spirit of the capitulation. One of the Judges who condemned this vessel assures me, that there was strong proof, that the cargo belonged to British owners, even after she parted from Ostend, nor was there any evidence that the bottom was neutral. The capitulation does not certainly tend to cover any other property of the capitulants, but that which should be shipped from the Island, or to the Island from a neutral port, otherwise its trade with Britain would stand upon the same footing as it did before the capture. However, I have not had such a view of facts, as will enable me to give an opinion upon the subject, and if I had it would not fall within my department to determine upon it.
The line in which justice will most speedily be done, will be for the parties who conceive themselves aggrieved to petition Congress for a rehearing. If, Sir, you shall approve it, I will lay before them your note, with the papers annexed, and my opinion thereon. I doubt not, that they will readily adopt such measures as are most consistent with justice, and the respect they will feel for your recommendation.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, March 8th, 1782.
Sir,
I have the honor of informing your Excellency, that I am about to take a journey to Virginia, and shall probably be absent some weeks. M. de Marbois will remain here during this interval, as Chargé d'Affaires of his Majesty. Be pleased to honor him with your confidence, in case that circumstances shall render it necessary for him to make any communication to Congress.
If your Excellency has any commissions, with which to intrust me, for Virginia, I entreat you to be assured of my punctuality in performing them.
I am, Sir, respectfully, &c.
LUZERNE.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, April 17th, 1782.
Sir,
I have repeatedly applied to the Department of War, to have a settlement made of the accounts of M. de la Radière, an officer of Engineers, and General Baron de Kalb, both of whom died in the service of the United States.
I have been answered, in the absence of General Lincoln, that the demands, which I made by order of my Court, for the benefit of their heirs, were just, but as yet no money has been paid to me, and I therefore entreat you to be pleased to procure it as soon as possible. I have received several letters from the family of Baron de Kalb, and I wish to be able to send them a satisfactory answer. General Lincoln having returned, I hope that these two affairs will suffer no delay.
The Count de Barras also demanded, in the month of July of last year, the payment of the sums due to the volunteers, who have served on board the Ariel, Captain Paul Jones; and on leaving the Chesapeake he has renewed his demands, in order that this money may be sent to France, where it will be paid to those to whom it belongs. This debt amounts to four thousand one hundred and ninetyseven livres tournois, not including the sum of one thousand one hundred and fiftyone livres, which has been paid to Joseph Caron, François Marais de Tulipe, Joseph Powaruce, and Paterne Jean, who were on board the Hermione. Congress, by a resolution, the date of which I cannot recollect, last year ordered the whole of this sum to be paid. I entreat you, Sir, to be pleased to persuade the Board of Admiralty to bring this affair to a close, and to transmit this sum to his Majesty's Consul, that he may send it to those to whom it is due.
I have the honor to be, &c.
LUZERNE.
TO GEORGE WASHINGTON.
Translation.
Philadelphia, April 13th, 1782.
Sir,
I embrace the first moment after my return from Virginia, to comply with the request of the principal officers of our army, in tendering you their sincere respects.
I have already forwarded to your Excellency a letter from Count de Rochambeau; on my return here, I found letters from my Court, dated in February last. They do not announce anything pacific, on the part of our enemies. No progress is made in the mediation of the Courts of Vienna and Petersburg, and the Court of London seems determined to risk the event of another campaign, in which they will employ all the strength they have left. The plan for the campaign was not yet finally decided, it depending on some arrangements, which were yet to be made with the Court of Madrid, and on some advices, which were expected from the Antilles. It nevertheless seemed to be the intention to act vigorously for the assistance of the United States, and though no particular assurances could be given me on this head, yet from what they write me, it is probable that New York or Charleston, or perhaps both, will be the object of their efforts next campaign.
I think it, however, proper to inform you, that at the same time they announce to me their general views, they observe, that it is an unhappy circumstance, that the American army is so weak as it is; and they seem to fear, that it will not be in a condition to second their efforts, when it shall be necessary to strike, a decisive stroke, or to undertake operations, in which such extensive means are required as in a siege.
I beg your Excellency would enable me to give my Court the necessary information on a matter so important as this is. I am not curious to know any of the particular details relative to your army, which it may be necessary to keep secret, but the military operations of France and America are so intimately connected, that it is indispensable for us to know what is the actual force and means which you have, in order to calculate with any degree of probability what enterprises can be undertaken. Our ignorance in this respect cannot but be very prejudicial to our affairs, because, if from false information we consider your army as weaker than it really is, it will prevent our forming plans, which it would be possible to execute; and if, on the contrary, we are led to believe it stronger than it really is, we run the risk of forming plans impracticable in their execution. It is from these considerations, that I beg of you to confide to me such information on this head as you may think proper, both with respect to the actual force you have at the different parts of the continent, and what it will probably be in the course of the campaign. It is equally interesting to know the force of the enemy, both in regulars and militia. I beg you to rest assured of the discretion, with which I shall make use of these communications.
I cannot refuse myself the pleasure of communicating to you the sentiments, with which our Court and the nation at large are inspired, from the reports of the French officers, respecting your Excellency, on their return to Versailles. Their testimony could add nothing to the universal opinion of the great services you have rendered your country, but to the esteem and admiration of the French are now added a sentiment of affection and attachment, which are the just return for that attention which our military experienced from you, and the progress they made in their profession by serving under your orders.
I have the honor to be, &c.
LUZERNE.
COUNT DE ROCHAMBEAU TO M. DE LA LUZERNE.
Williamsburgh, April 16th, 1782.
I send you under a flying seal, my dear Chevalier, the letter I have written to M. de Guerny, commanding the Emerald frigate. You will observe, that I am yet in a state of ignorance, not having received my ministerial despatches. It is of the greatest consequence, that this letter should be forwarded by a safe route, through the hands of General Washington, that it may be despatched as quick as possible.
Our last news from Edenton is of the 8th of April, by a captain of a vessel, who left Georgetown the 25th of March. The enemy employ all the wagons of Charleston in transporting their stores on board the empty vessels, which came from New York.
I think General Washington would do well to have all the works levelled, which we made at Rhode Island round Newport, and even the fort on Butts' Hill, if he has not troops vigorous and firm to keep possession of it.
The plans of the enemy seem to give their marine all the superiority they can in these seas. I think they must have it much at heart to re-occupy the port of Rhode Island. The port of New York being precarious, the entry depending on the tides, they run the greatest risks in their naval combats, in not having a port where they can take refuge at all times.
I have not time to translate this into English; I beg you to transmit it to our General, as well as that for M. de Guerny, that he may forward it with the greatest despatch.
I submit, with reason, all my reflections on Rhode Island to him. I have always in mind Lord North's speech, and the news which seemed to follow, of the pretended evacuation of Charleston.
Count Ferson sets off to meet my despatches; he tells me that there is a detachment of about one hundred men, which might be employed jointly with the militia in levelling the works.
ROCHAMBEAU.
TO GEORGE WASHINGTON.
Translation.
Philadelphia, April 18th, 1782.
Sir,
On my return to this place, Count Beniowsky delivered to me a plan, which he wished to have communicated to your Excellency before your departure from Philadelphia, but as he was particularly recommended to me by my Court, he deferred taking that step till my arrival. He will not make any proposition to Congress without first consulting your Excellency and obtaining your approbation, and it is with this view he now goes to the army.
I need not recall to your Excellency's mind, the services and actions, which have recommended Count Beniowsky. His fervor you are acquainted with, and I am persuaded, that if you think he can be useful to the United States, no one will more sincerely support him in carrying into execution those views, which brought him to this continent.
I have the honor to be, &c.
LUZERNE.
GEORGE WASHINGTON TO M. DE LA LUZERNE.
Newburgh, April 28th, 1782.
Sir,
I receive with much gratitude the remembrance and compliments of the principal officers of the French army in Virginia, and thank your Excellency for the trouble of being the bearer of them to me, and the letter from Count de Rochambeau.
With equal sensibility and pleasure, I received and do now acknowledge my obligations to your Excellency for the communications from your Court, which, though not decisive, are nevertheless important. The late instance of their generous aid, hinted at by your Excellency and particularised by Mr Morris, is one among a variety of important considerations, which ought to bind America to France in bonds of indelible friendship and gratitude, never I hope to be sundered. Induced by that entire confidence, which I repose in your Excellency, and a full conviction, that a nation, who combines her force with ours, for purposes of all others most interesting to humanity, ought not to be deficient in any information I can give to point objects to means, that an accordance with them may be inseparable, I shall, without hesitation, give you the state of our present force, and my ideas of the increase of it by recruits, from the best view of it which is before me.
It can scarcely be necessary to inform your Excellency, that our military establishment for the present year consists of one regiment of artillery, four legionary, and two partisan corps, and fifty regiments of infantry, beside the corps of invalids; or that Congress have called in pointed terms upon each State to complete its regiments to the establishment, the aggregate of which, if complied with, would amount to thirtyfour thousand three hundred and eight men, exclusive of commissioned officers, sergeants, and music, Hazen's regiment, and the corps of invalids. Of this force, one legionary corps, two regiments of artillery, and twentytwo of infantry, besides Hazen's regiment and the invalids, compose the northern army; but as Hazen's regiment is fostered by no State, discouraged from recruiting by all, and without funds if the case were otherwise, it must soon dwindle to nothing, being now very weak.
The present totality of the rank and file, exclusive of sergeants, of those regiments which compose the northern army, amounts to nine thousand one hundred and fortysix. From this number the sick men, in different branches of the staff department, and such as are employed on other extra duties, which the peculiarity of our circumstances compels me to furnish from the army, being deducted, will reduce the efficient operating force of these corps to seven thousand five hundred and fiftythree rank and file, and I should be uncandid if I were not to acknowledge, that I do not expect it will be increased by recruits in the course of the campaign, to more than ten thousand fit for duty in the field. This, Sir, in my opinion will be the full amount of the established regiments of the States east of Pennsylvania. To ascertain the number of militia, who may be assembled for occasional offensive operations, is more than I can do. The general opinion is, that there will be no want of militia for my enterprise we can have in view. Be this as it may, this one thing is certain, that this class of men are not only slow in their movements, but undertaking to judge also of the propriety of them in point of amount, will wait till the necessity for it strikes them, which, in most cases, is as injurious to the service as inability or want of inclination; disappointment being the consequence of delay. This observation I could not refrain from making, because in all combined operations, especially those which may depend upon the season or a limited period for their execution, it is of the utmost importance to be known.
The enclosed return, which is a copy of the last state of the force under the order of Major General Greene, which has come to my hands, will give your Excellency every information in my power, respecting the state and condition of that army; which was to be augmented by the partisan corps of Colonel Armand, consisting of about two hundred horse and foot. Independent of those, there are two small regiments at Fort Pitt. One from the State of Pennsylvania, the other from Virginia, which are included in the general establishment of the army; but no particular return is here given of them.
What measures are adopted by the States of Georgia and North and South Carolina, to recruit their battalions, I know not. Virginia marched about four hundred men the latter end of February for the southern army; and by an act of the legislature, passed at their last session, resolved to raise more; but in what forwardness they are, or what is to be expected from the act, I am equally uninformed. Maryland and Pennsylvania depend upon voluntary enlistments, and are proceeding very slowly in the business of recruiting.
This, Sir, is an accurate state of the force we have at present, and my expectation of what it may be, independent of militia.
The enemy's force, from the best information I have been able to obtain of it, may stand thus at New York;
Rank and File.
Regulars, including their established corps of Provincials,
9,000
Militia of the city, refugees, and independent companies,
4,000
Sailors and marines, according to the number of ships which may be in the harbor;—this being uncertain no number is given,
Now in New York,
13,000
Charleston, about
3,300
Savannah, about
700
In Canada, including British, German, and established Provincials,
3,000
Penobscot, about
500
Halifax and its dependencies, uncertain, but say,
3,500
In all,
26,000
The above estimate, so far as it respects New York, Charleston, and Savannah, is, I believe, to be depended upon. The force of Canada by some accounts is more, by others less, than five thousand. The regular British and German troops in that country cannot exceed four thousand; but in addition to these, are the corps of Sir John Johnson and others, which I am told have been considerably increased by the disaffected of this, and other States, who have fled to Canada. But it is to be observed, that this force, be it what it may, is employed in the occupation of posts from Quebec to Michillimackinac, and on Lake Champlain, through an extent of not less than seven or eight hundred miles, and that all these posts are dependent upon the former for provisions and supplies of every kind. I am less certain of the enemy's force in Nova Scotia than elsewhere. The number here given is not from recent intelligence, or strengthened according to circumstances. Cumberland, Windsor, Annapolis, St John's River, &c., are posts dependent upon Halifax, and included in the three thousand and five hundred men here mentioned.
If this state of matters can be satisfactory to your Excellency, or useful in the formation of any plans against the common enemy, I shall be happy in having given it.
Permit me now, Sir, to express the high sense I have of the honor you have done me, in communicating the favorable opinion entertained of my conduct by the Court and nation of France, and to acknowledge my obligations to those officers who have inspired these sentiments. To stand well in the eyes of a nation, which I view as one of the first in the world, and in the opinion of a Monarch, whom I consider as the supporter of the rights of humanity, and to whom I am personally indebted for the command he has been pleased to honor me with, is highly flattering to my vanity, at the same time it has a first claim to all my gratitude.
It is unnecessary I hope to add fresh assurances of the respect and esteem, with which I have the honor to be, Sir, &c.
GEORGE WASHINGTON.
[5] Extract from an authentic copy of the capitulation, granted by the Marquis de Bouillé to the Island of Dominica.
Council Chamber, in Roseau, the 23d day of November, 1781.[5]
COMMUNICATION OF THE FRENCH MINISTER TO THE SECRETARY OF FOREIGN AFFAIRS.
In Congress, May 1st, 1782.
The Secretary of Foreign Affairs having laid before Congress the following minutes of a communication, made to him the 28th of April, by the Minister of France, from letters of the Count de Vergennes, dated the 24th of December and the 22d of January last, viz.
"After expressing his satisfaction in the success of our arms in Virginia, he laments the weakness of our army, and the incapacity in which it leaves us of pursuing so important a blow, before England can recover from it, he says, though the plan of the ensuing campaign is not yet determined on, he has reason to believe, that means will be used to aid us in the exertions we shall make to expel the enemy from this continent; and he wishes that this consideration, and the obstinate adherence of the British to their plan of subduing this country, evidenced by their answer to the mediators, may rouse the United States to an early and animated exertion. He observes, that the British are much embarrassed with respect to the measures they ought to pursue; that they still continue to represent us as a weak and divided people, in the hope, that this may have some effect upon the powers of Europe, more particularly upon the mediators. He is of opinion, that England will endeavor to make proposals to the several States separately; and though he does not apprehend, that they will succeed in their attempt to detach them from the alliance, yet he presumes, while the issue is unknown, that they will avail themselves of it to induce a belief, that they have a considerable interest in this country, and that the people at large wish to be connected with them. He hopes the wisdom of Congress will devise some means to frustrate this design. He expresses in strong terms the resolution of his Majesty to adhere to the principles of the alliance, and to form no treaty of peace, which does not secure to the United States the objects of it."
And this communication having been referred to a committee, and the committee having reported thereon, it was
Resolved, That the Secretary of Foreign Affairs be, and he is hereby directed to make a confidential communication to the several States of the intelligence received by Congress on the 29th of April last through his department, in order that the States may be more fully impressed with the necessity of such united and determined exertions, as, with the co-operation of our generous ally, will expel the enemy from their remaining posts within the United States, and display to the world the falsehood of the assertions of the British Court, that the people of these States are neither united nor determined in support of their national independence.
DECREE OF THE KING'S COUNCIL IN FRANCE.
Translation.
Decree of the King's Council of State, prescribing the formalities to be observed on the exportation, from the ports of the kingdom, of merchandise obtained from prizes.
Extract from the records, of the Council of State.
"The King having been informed, that the facility granted by the Fourteenth Article of the decree of his Council of the 27th of August, 1778, concerning merchandise obtained from prizes, has been abused, so that merchandise of English origin is taken on board, when under sail, or in foreign countries, and is imported under the character of merchandise taken as prize, into nations in alliance with his Majesty, he has thought proper to explain his intentions. Wishing to remedy this evil, and having heard the report of M. Joly de Fleury, one of the Common Council of State, and of the Royal Council of Finance, the King in Council has commanded and commands, that all the merchandise named in the said Fourteenth Article of the regulation of August 27th, 1778, and the adjudication of which is made only upon condition of its re-exportation to a foreign country, cannot be exported from the ports of his kingdom, unless it be accompanied with the copy of the procés-verbal of the sale made by the Admiralty, or by the Intendant or the Director of the Marine, duly certified by the register, or by the Controller of the Marine, and examined by the Receiver and Controller of the Bureau des Fermes, which, conformably to the Eighteenth Article of the same decree, must mention, that the goods have actually been taken from the mart, and embarked on board of the vessel designated. His Majesty forbids the clerks and overseers of the Adjudicataire de ses Fermes, under penalty of being deprived of their offices, and subjected to the severest punishment if it should be done, to allow any of the merchandise in question to be exported, without the previous formalities having been observed.
"Done, at the King's Council of State, his Majesty being there present, held at Versailles, the 4th of May, 1782.
LA CROIX CASTRIES."
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, May 7th, 1782.
Sir,
I have the honor of sending you the commission, by which the Chevalier d'Annemours has been appointed his Majesty's Consul in the five southern States. Be pleased to have the kindness to lay it before Congress, that they may pass an act for the recognition of his character, and that the necessary letters may in consequence be despatched to the different legislatures. I will myself see that they are forwarded, if you will send them to me. The representatives of Maryland and Virginia being now assembled, you will confer a particular favor on me, by bringing this affair to a termination as soon as possible.
I have the honor to be, &c.
LUZERNE.
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, May 8th, 1782.
Sir,
I was yesterday honored with yours of that date. I have this day presented the commission, with a draft of the necessary resolutions thereon to Congress, and I doubt not that they will immediately pass, when the letters and papers you request will be put into your hands.
I do myself the honor to enclose a letter from Mr Morris to me in answer to one I had written him on the subject of the volunteers, who served on board the Ariel. You will see by that a state of the accounts, and that the balance is ready to be paid to their order. I have requested the Paymaster General to make up the accounts of the late Baron de Kalb, and M. de la Radière, and shall endeavor as soon as possible to enable you to give a satisfactory answer to their representatives on that subject. You will be pleased to return me the enclosed letter, after having made such use of it as you may think proper.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, May 9th, 1782.
Sir,
Several different bearers of certificates of the different loans obtained by the United States, have applied to me to induce Congress to pay them back their capitals, or to pay the interest stipulated. Their claims are supported by recommendations from his Majesty's Ministers. I entreat you to be pleased to enable me to inform them of the measures taken on this subject. They have now suffered for a long time on account of the suspension of the payments, and it is a long time since I asked for the information, which has been successively promised to me.
I am, Sir, respectfully, &c.
LUZERNE.
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, May 9th, 1782.
Sir,
I have the honor to enclose resolutions of Congress, settling the ceremonial for the public audience on Monday.[6]
Mr Morris will deliver you the commission of the Chevalier d'Annemours; when you shall have made the alterations and returned it, I will immediately lay it before Congress.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
FOOTNOTES:
[6] See the result of this audience in the Secret Journal of Congress, Vol. III. p. 107.
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, May 12th, 1782.
Sir,
The undersigned, Secretary to the United States of America for the Department of Foreign Affairs, has the honor to notify to the Minister Plenipotentiary of his Most Christian Majesty, that Congress have determined, by a resolution of the 20th of July, 1778, that the style of address to them should be in future "Gentlemen of the Congress."
The undersigned hopes, that the Minister Plenipotentiary of France will be pleased to make use of this form, in the address which he proposes to make to Congress tomorrow, as well as on every future occasion.
ROBERT R. LIVINGSTON.
TO GEORGE WASHINGTON.
Translation.
Philadelphia, May 17th, 1782.
Sir,
I write only to acknowledge the receipt of the letter your Excellency did me the honor to write on the 28th ultimo. I feel myself extremely obliged by the freedom, with which you have been pleased to furnish me with the information I requested, and I beg you to be persuaded, that I shall make use of it only to contribute to the success of our common operations.
The reports of the action between the fleets in the West Indies are so vague, that I can form no certain judgment thereon. I presume, however, that the handbill published at New York, the 12th of this month, is at least partly false. They write me from Martinique the 13th of April, that Count de Grasse has beaten the English.
I am, with the most respectful attachment, &c.
LUZERNE.
CONGRESS TO THE KING OF FRANCE.[7]
The United States in Congress assembled, to their Great, Faithful Friend and Ally, Louis the Sixteenth, King of France and Navarre.
Great, Faithful, and Beloved Friend and Ally,
Among the many instances that Divine Providence has given us of his favor, we number the blessings he has bestowed on your Majesty's family and kingdom. Nothing was wanting to the happiness of the first, but a son to wear the honors, which the father had earned; or, to the prosperity of the latter, but the prospect of seeing the Crown transmitted to an heir, who would find in the example of his parent, a powerful incitement to promote the happiness of his people. This example, we presume to hope, will also influence his future conduct towards these United States. When, in the history of the present day, he shall read your Majesty's generous interference in their behalf, their firm and affectionate attachment, and the blessings with which both were crowned, he will be studious to preserve to his kingdom and these States, the reciprocal advantages of the alliance, which your Majesty has formed, and to emulate his ancestor in adding to his titles the glorious appellation of Protector of Mankind.
We receive with the most lively pleasure your Majesty's renewed professions of friendship. You will easily believe, that the attachment, which we have so often and so truly professed for your Majesty, could suffer no diminution, when every day afforded us new instances of your magnanimity, and of your affectionate interference in our behalf.
We pray God, Great, Faithful, and Beloved Friend and Ally, always to keep you in his holy protection.
Done at Philadelphia, the 20th day of May, in the year of our Lord one thousand seven hundred and eightytwo, and in the sixth year of our independence. By the United States in Congress assembled. Your Majesty's Faithful Friends and Allies.
JOHN HANSON, President.
FOOTNOTES:
[7] See the letter, to which this is an answer, dated October 22d, 1781.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, May 25th, 1782.
Sir,
The Baron de Holzendorff, Major in the service of his Majesty, came to America in 1776, to offer his services to the United States. He was obliged by circumstances, which it would take too long to mention in detail, to return to France in 1778. Congress, before his departure, had adopted the annexed resolutions in relation to him; but the departure of this officer took place before he could procure the execution of them, which he now solicits, Dr Franklin having told him that the settlement of this business belonged to Congress. The undersigned Minister, requests Mr Livingston to be pleased to take measures to forward to this officer a decision of Congress, or of the Department of War.
The Chevalier de la Luzerne takes the liberty of renewing his solicitations respecting the money to be paid to the heirs of Messrs De Kalb and De la Radière, and also respecting the reasons, which have suspended the payment of the interest on different classes of certificates.
LUZERNE.
VERBAL COMMUNICATION OF THE FRENCH MINISTER TO THE SECRETARY OF FOREIGN AFFAIRS.
In Congress, May 28th, 1782.
The Secretary of Foreign Affairs laid before Congress the following verbal communication made to Mr Livingston.
The Minister of his Most Christian Majesty has the honor to inform Mr Livingston of several particulars relative to the negotiation, that the Court of London appeared disposed to open in Europe. The first steps were taken under the former administration. This remark is essential, because it is possible that the new Ministers may take others more decisive; or it is equally possible, that they may entirely change the system, and continue the war still longer.
Emissaries have been sent to Paris and to the Hague, to sound, on the one hand, Mr John Adams, in the hope that his connexion with some independent members might facilitate an accommodation; and, on the other side, in the hope that very advantageous offers might seduce his Majesty, and engage him to make a separate peace to abandon his allies. The Chevalier de la Luzerne is not informed of the steps that have been taken at Madrid, or by the States General.
The proposition made secretly to France tended to a partial peace. It offered France the possession of their conquests in the West Indies, the suppression of an English Commissary at Dunkirk, and advantages in the East Indies. These offers were certainly satisfactory to his Majesty; and he would have had no reason to reject them if he had had no allies. But his engagements marked out another line of conduct. He replied, that how sincerely soever he was disposed to peace, he would commence no negotiations to this end without the participation of his allies. The emissary easily comprehended, that this answer related as well to the United States as to Spain; and pretended that the condition was inadmissible; that England, in treating upon this foundation, would acknowledge the independence of her colonies, which made no part of her system. The Minister of his Majesty replied, that their independence was considered by the King as an indispensable point, and that it made the basis of his system.
The English Agent then demanded, if there were no means to avoid treating with us of the affairs of America. The Count de Vergennes replied, by referring him to the answer given to the first overtures of pacification made by the mediators, and communicated to Mr Livingston.
It should be observed, that whether England treats of the affairs of the United States with the Court of Versailles, or whether she opens a direct communication with the United States, she cannot avoid treating with the American negotiators sent by Congress. In either case she will be under the necessity of acknowledging that body.
The conduct of his Majesty on this occasion being strictly conformable to justice and his engagements, his Minister confines himself to a simple communication of it to Mr Livingston. He confides also to him, that the Count de Vergennes, in declaring to the English Agent, that his Majesty could not listen to any negotiations of peace if the Court of London did not treat at the same time with his allies, added verbally, that the King did not attend to his own satisfaction till that of his allies was procured.
Besides this, the effects of these steps taken by the Court of London, have been to engage France to pursue, with redoubled vigor, the measures that have given birth to these appearances of peace, but which would certainly not terminate in it, if England perceived that her enemies relaxed their efforts in any manner. It is above all things indispensable, that the United States should, in the course of this campaign, be in a situation to co-operate in vigorous enterprises, which may be formed. It appears that the design of the Court of London, pointed out by the debates in Parliament, is to reduce, by a defensive war, their operations upon this continent. The Minister of his Most Christian Majesty has at present no information relative to the plans of the approaching campaign. But whatever they may be, it would be useful to be enabled to inform his Court, that the United States will not adopt an inactivity, which would be equivalent to the truce required. But that their design is to trouble the repose, that the enemy wish to deliver themselves to, and that the operations, whether combined or separately undertaken by the United States, will be pushed with activity during the ensuing campaign.
As to the place of the negotiations, Congress knew in 1779, when they named a Plenipotentiary, and in 1781, when they gave him three Colleagues, that it could only be in Europe, and that this was the most effectual means of preventing delays and jealousy, and of maintaining the confidence and harmony, which has so happily subsisted hitherto between the allies. It would be important, that the Minister of his Majesty could inform his Court, that Congress persists in these dispositions; and, that in case Commissaries offer to treat upon this continent, they should be referred to the Ministers of the United States, who are provided with instructions on this subject in Europe; that the Court of London should address itself to them; and that it is impossible that the seat of negotiation should be in America. When these overtures were made to the Court of Versailles, the agent made no mention of those that were to be made in America, or to the American Ministers in Europe. It is obvious, that the design of this conduct is to inspire reciprocal distrust; and the Chevalier de la Luzerne conceives it can in no way more effectually be prevented, than by a full communication of every circumstance, which shall relate to the pacification and to the interests of the alliance, which shall come to his knowledge.
GEORGE WASHINGTON TO M. DE LA LUZERNE.
Head Quarters, June 5th, 1782.
Sir,
I have the honor of conveying to your Excellency the enclosed address of the officers of the American army under my immediate command, on the auspicious event of the birth of a Dauphin.
Happy in this opportunity of presenting to you this united testimony of respect and veneration for your royal Master, I pray you to believe, that I enjoy the highest satisfaction in having such an occasion of manifesting to your Excellency the very particular pleasure I feel in every event, which affects the happiness of his Most Christian Majesty, especially in one which is so interesting and important to his domestic felicity and that of his people.
I have the honor to be, Sir, &c.
GEORGE WASHINGTON.
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, June 7th, 1782.
Sir,
I have the honor to enclose you an account of the moneys received by Baron de Kalb and Lieutenant Colonel La Radière, as extracted from the Paymaster's books. By this it will appear, that both have received more than the amount of their pay, even if the depreciation is allowed. If their friends have furnished you with vouchers to account for the expenditure of still further sums upon the public account, the whole, when stated, will be liquidated at the treasury offices, and the balance paid.
I have applied to Congress for direction on the subject of the Baron de Holzendorff, though it would appear to me, that if he had received the thousand dollars directed to be paid him, there can be nothing further due to him, since the resolution itself implies, that there would probably be a balance to be repaid in bills of exchange. You must see, Sir, the extreme difficulty of settling these accounts, unless the gentlemen, who have demands, will be at the trouble of stating their accounts precisely, and produce vouchers for the money, which has passed through their hands. This is never dispensed with in the case of our own citizens. I shall, however, do myself the honor to lay before you the determination of Congress in this case.
I have written to Mr Morris on the subject of the interest due on the loan office certificates, and shall transmit to you his answer as soon as I shall receive it.
I enclose for your perusal a very extraordinary letter from Mr Deane to Governor Trumbull, together with his reply, which was unanimously approved by the Legislature of Connecticut. You will please return them after you have read, or, if you think proper, taken copies of them.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, June 9th, 1782.
Sir,
I have the honor to enclose the copy of a letter from the Superintendent of Finance in answer to one I wrote him on the subject of the loan office certificates. I am sorry for the necessity which dictated it, and look forward with some degree of impatience to the period when ample justice shall be done to all the public creditors. In the meanwhile foreigners will not feel themselves hurt when we make no distinction between them and our own citizens.
I have the honor to be, Sir, &c.
ROBERT R. LIVINGSTON.
TO GEORGE WASHINGTON, COMMANDER IN CHIEF, AND OTHER OFFICERS OF THE AMERICAN ARMY, ON HUDSON'S RIVER.
Translation.
Philadelphia, June 10th, 1782.
Gentlemen,
I shall transmit to his Majesty the address you have been pleased to send me on the birth of an heir to his crown.
It will afford him infinite satisfaction to find with what joy this event has inspired you, and he will see with pleasure, that the same army which has given so many proofs of courage and patriotism, and which has in the most perfect harmony and concert with his own troops fought the common enemy, now hastens to show, that nothing which affects the French nation can be indifferent to them.
The young Prince, whose birth is the object of your congratulations, will, from his infancy, hear recounted the glorious actions, by which you have effected the independence and happiness of a vast continent; and when there shall be cited to him examples of disinterestedness, constancy, courage, and every other military virtue, there will be repeated the names of illustrious chiefs.
He is born at a moment when victory has crowned both our nations. This circumstance is a happy presage of his future glory, and promises, that he will one day be the support of your independence as well as of the alliance, which unites France with the Thirteen United States.
The veneration that your actions and virtues have inspired me with, Gentlemen, augments the pleasure I have in conveying your sentiments to the King, my master.
I beg you to be persuaded, that no one is with more sincere respect, Gentlemen, your very humble and obedient servant.
LUZERNE.
CONGRESS TO THE KING OF FRANCE.
The United States in Congress assembled to their Great, Faithful, and Beloved Friend and Ally, Louis the Sixteenth, King of France and Navarre.
Great, Faithful, and Beloved Friend and Ally,
We learn with extreme grief, an event which has disturbed your Majesty's felicity, and unite with you in offering that tribute of sorrow to the memory of your most dear and beloved aunt, the Princess Sophia Philippina Elizabeth Justina of France, which is due, as well to the eminent virtues she possessed, as to the relation in which she stood to your Majesty. We trust that our sensibility on this occasion, will be considered as a fresh proof of the interest we take in every event, which may affect your Majesty, and that our sincere condolence, when such afflictions as are the lot of humanity put it out of our power to offer more effectual consolation, will evince our earnest desire on every occasion to contribute to your Majesty's happiness.
We pray God, Dear, Great, Faithful Friend and Ally, always to preserve and keep you under his holy protection.
Done at Philadelphia, the 13th day of June, in the year of our Lord one thousand seven hundred and eightytwo, and in the sixth year of our independence. By the United States in Congress assembled. Your Majesty's Faithful Friends and Allies.
JOHN HANSON, President.
TO COUNT DE ROCHAMBEAU.
Translation.
Philadelphia, June 14th, 1782.
My Dear General,
I have just received your letter of the 8th of this month, and the packets which accompanied it. I have not now time to reply to it, as I profit by an express on the point of departure, and whom I cannot detain.
The movements of the English troops at New York, indicate an intention of sending off detachments from that garrison. It is even possible, though not very probable, that they propose to evacuate that place, either to reinforce the English Islands, or to act offensively against the conquered Islands, which will not be in so good a state of defence as our ancient possessions. This last supposition cannot take place, unless they retain their superiority, and although I hope that this will not be the case, it is, however, but prudent to be in readiness against every event.
The most sure means of preventing the enemy from making any detachment from New York, is to approach that place, and to give a jealousy to General Carlton, of a combined attack. Congress regard the matter in this light, and think that General Washington will make a movement towards New York, in case such a measure is agreeable to his designs, or to the intelligence he may have. I am ignorant what steps he will take in this conjuncture. It is possible that he may think it proper not to quit his present station, till he hears that you approach. In all cases the enemy will be cautious of weakening themselves, if they hear that you are on the march to form a junction.
I submit these ideas to you, my Dear General, and am persuaded that you will take such measures as are most advantageous.
We have news, which I have no reason to believe that M. de la Motte Piquet is not far distant from these coasts.
I have the honor to be, &c.
LUZERNE.
GEORGE WASHINGTON TO M. DE LA LUZERNE.
Head Quarters, Newburgh, June 24th, 1782.
Sir,
I was in the moment of sending off a despatch to Count de Rochambeau, of which I have the honor to enclose a copy, when your Excellency's letter of the 14th instant arrived.
I have only to refer you to my letter of the 20th of April, for a perfect statement of matters in this quarter; and as little alteration has taken place since that period, your Excellency will readily perceive the impracticability of the movement expected by Congress, (and mentioned in your letter to Count de Rochambeau,) especially too, when you consider how unprepared we are to encounter any expense, that can possibly be avoided.
My ideas on this head, the removal of the French army in our present state of uncertainty, the consequent call of the militia to occupy the posts they would leave, and cover the stores, shipping, &c. which must necessarily remain, were communicated fully to the Secretary of War, when he was here, with a request that he would unfold them to your Excellency, as I could not commit them to paper without a cypher.
The enemy, from the best intelligence I get from New York, has made no detachment. Things remain there in statu quo. They seem to be suspended and are waiting for orders from their Court, which I hear they anxiously expect. As I am just stepping into a boat for Albany, and dare not commit more to paper, I have only to give a fresh testimony of the respect and esteem with which I have the honor to be, &c.
GEORGE WASHINGTON.
TO GEORGE WASHINGTON.
Translation.
Philadelphia, July 3d, 1782.
Sir,
I received a letter yesterday from Count de Rochambeau, dated on the 24th of last month, wherein he informs me, that he had come to a determination to move on the 27th towards the head of the Bay, where he will be at hand to take such measures as you may judge proper, as soon as we receive news from Europe. He desires me to communicate this to your Excellency, till he can write you himself. As he does not go any distance from the Bay, and as he will always be ready to turn off to the southward if necessary, I hope it will meet your approbation.
I wait his answer respecting the interview, which you have proposed to him, and which I sincerely desire may take place here. It seems to me impossible, that we should not have some news from France towards the middle of this month.
From the last intelligence from Europe, up to the 1st of May, we learn nothing important, except the general disposition of the Dutch to ally themselves with the United States. But it is probable, that Mr Adams will open the negotiation by demanding the acknowledgment and guarantee of your independence, and this circumstance may prevent the conclusion of a treaty of commerce, which seems to be the point that has most influence with the States General. But as the inclination of the people seems absolutely towards the alliance, I hope the difficulties will be successively got over.
I have the honor to be, &c.
LUZERNE.
TO GEORGE WASHINGTON.
Translation.
Philadelphia, July 8th, 1782.
Sir,
You will receive by M. de Vauban a letter from Count de Rochambeau, informing your Excellency that he will be here on the 13th or 14th of this month. I hope for the honor of seeing you here by the 15th at farthest, and I felicitate myself, that matters will concur to bring you here precisely at the time, when I shall celebrate the birth of the Dauphin. Your presence, and that of Mrs Washington, will render the festival complete, and I hope the gentlemen, who compose your family, will accompany you. I do not send any written invitations to them, nor to the Generals and other officers of your army, but your Excellency knows, that nothing would be more agreeable to me, than their participation in celebrating an event, which is so interesting to us, and which I know is so to all our allies. Everybody, whom your Excellency may bring with you, will be welcome.
I have the honor to be, &c.
LUZERNE.
COUNT DE VERGENNES TO GEORGE WASHINGTON.
Translation.
Versailles, July 29th, 1782.
Sir,
It is not in quality of a King, the friend and ally of the United States, (though with the knowledge and consent of his Majesty,) that I now have the honor to write to your Excellency. It is as a man of sensibility, and a tender father, who feels all the force of paternal love, that I take the liberty to address to your Excellency my earnest solicitations in favor of a mother and family in tears. Her situation seems the more worthy of notice, on our part, as it is to the humanity of a nation, at war with her own, that she has recourse, for what she ought to receive from the impartial justice of her own Generals.
I have the honor to enclose your Excellency a copy of a letter, which Lady Asgill has just wrote me. I am not known to her, nor was I acquainted that her son was the unhappy victim, destined by lot to expiate the odious crime that a formal denial of justice obliges you to revenge. Your Excellency will not read this letter without being extremely affected; it had that effect upon the King and Queen, to whom I communicated it. The goodness of their Majesties' hearts induces them to desire, that the inquietudes of an unfortunate mother may be calmed, and her tenderness reassured. I felt, Sir, that there are cases where humanity itself exacts the most extreme rigor; perhaps the one now in question may be of the number; but allowing reprisals to be just, it is not less horrid to those who are the victims; and the character of your Excellency it too well known, for me not to be persuaded that you desire nothing more than to be able to avoid the disagreeable necessity.
There is one consideration, Sir, which, though it is not decisive, may have an influence on your resolution. Captain Asgill is doubtless your prisoner, but he is among those whom the arms of the King contributed to put into your hands at Yorktown. Although this circumstance does not operate as a safeguard, it however justifies the interest I permit myself to take in this affair. If it is in your power, Sir, to consider and have regard to it, you will do what is agreeable to their Majesties; the danger of young Asgill, the tears, the despair of his mother, affect them sensibly; and they will see with pleasure the hope of consolation shine out for those unfortunate people.
In seeking to deliver Mr Asgill from the fate which threatens him, I am far from engaging you to seek another victim; the pardon, to be perfectly satisfactory, must be entire. I do not imagine it can be productive of any bad consequences. If the English General has not been able to punish the horrible crime you complain of, in so exemplary a manner as he should, there is reason to think he will take the most efficacious measures to prevent the like in future.
I sincerely wish, Sir, that my intercession may meet success; the sentiment which dictates it, and which you have not ceased to manifest on every occasion, assures me, that you will not be indifferent to the prayers and to the tears of a family, which has recourse to your clemency through me. It is rendering homage to your virtue to implore it.
I have the honor to be, with the most perfect consideration, Sir, yours, &c.
DE VERGENNES.
LADY ASGILL TO COUNT DE VERGENNES.
[Enclosed in the preceding.]
London, July 18th, 1782.
Sir,
If the politeness of the French Court will permit an application of a stranger, there can be no doubt but one in which all the tender feelings of an individual can be interested, will meet with a favorable reception from a nobleman whose character does honor, not only to his own country, but to human nature. The subject, Sir, on which I presume to implore your assistance, is too heart-piercing for me to dwell on; and common fame has, most probably, informed you of it; it therefore renders the painful task unnecessary.
My son, (an only son) as dear as he is brave, amiable as he is deserving to be so, only nineteen, a prisoner under the articles of capitulation of Yorktown, is now confined in America, an object of retaliation. Shall an innocent suffer for the guilty? Represent to yourself, Sir, the situation of a family under these circumstances; surrounded as I am by objects of distress, distracted with fear and grief, no words can express my feeling, or paint the scene. My husband given over by his physicians, a few hours before the news arrived, and not in a state to be informed of the misfortune; my daughter seized with a fever and delirium, raving about her brother, and without one interval of reason, save to hear heart-alleviating circumstances.
Let your feelings, Sir, suggest and plead for my inexpressible misery. A word from you, like a voice from Heaven, will save us from distraction and wretchedness. I am well informed General Washington reveres your character; say but to him you wish my son to be released, and he will restore him to his distracted family, and render him to happiness. My son's virtue and bravery will justify the deed. His honor, Sir, carried him to America. He was born to affluence, independence, and the happiest prospects. Let me again supplicate your goodness; let me respectfully implore your high influence in behalf of innocence; in the cause of justice, of humanity; that you would, Sir, despatch a letter to General Washington, from France, and favor me with a copy of it, to be sent from hence.
I am sensible of the liberty I have taken in making this request; but I am sensible, whether you comply with it or not, you will pity the distress that suggests it; your humanity will drop a tear on the fault, and efface it. I will pray that Heaven may grant you may never want the comfort it is in your power to bestow on
ASGILL.
TO GEORGE WASHINGTON.
Translation.
Philadelphia, August 5th, 1782.
Sir,
This letter will be handed you by M. de Cloisy, who will inform you particularly of the motives of his journey to the northward.
I address myself with freedom to your Excellency, for a service, that no one has it more in their power to render than yourself, and which is of the greatest importance to the naval army commanded by M. de Vaudreuil. It is not to be doubted, that a large naval force will arrive at New York, either from the West Indies or from Europe. It is essential that our naval commanders should have the most exact and most frequent intelligence in this respect, respecting the number of vessels, their names, their destination, the time of their arrival, of their departure, the number of troops they embark, or artillery; in fact, not a single movement can be known with too much precision. And I must request, that you will take the necessary measures to give M. de Vaudreuil regular information on all these points. It could be wished, that you would station regular expresses to facilitate the communication between you and him.
I ought to be well convinced of your goodness to take so much liberty, but the object is of such importance to the common cause, that I have no doubt of your excusing me.
If the communication between you and M. de Vaudreuil is regular and sure, you might, I should think, correspond without cypher; if not I must beg you to furnish M. de Vaudreuil with a cypher to make the matter more secure, and if your Excellency will from time to time give me the same information I shall be exceedingly obliged.
The procuring of the necessary intelligence must be attended with extraordinary expense; I must beg that your Excellency will charge some one to acquaint me of the sums necessary for the purpose, and to whom I shall pay it. These expenses being wholly for the service of our fleet, must be charged to the Department of the Marine, and I have taken the necessary measures that they may be exactly paid.
By our last accounts from France the Duc de Lauzun, and many other officers who had sailed, were obliged to put back, having met with a storm. It is supposed they may have sailed again towards the last of June.
I am, &c.
LUZERNE.
[6] See the result of this audience in the Secret Journal of Congress, Vol. III. p. 107.
I have the honor to enclose resolutions of Congress, settling the ceremonial for the public audience on Monday.[6]
[7] See the letter, to which this is an answer, dated October 22d, 1781.
CONGRESS TO THE KING OF FRANCE.[7]
TO GEORGE WASHINGTON.
Translation.
Philadelphia, August 14th, 1782.
Sir,
A cartel will probably have arrived at Boston with American sailors from England. One is arrived here with two hundred and forty sailors, whom England has set at liberty. One of the Captains, with whom I have conversed, tells me that a fleet of two hundred sail was to leave Portsmouth a few days after the cartels; they were to separate into three divisions, one for Charleston, one for New York, and one for Quebec; they are to be convoyed by frigates only; and they assure me the last division is the most important, having soldiers on board, and many articles necessary for the defence of Quebec, and for the subsistence of the inhabitants.
From the different accounts I can collect, it seems to be the design of England to make a general peace, but the demands on one side and the other will render a conclusion extremely difficult, and in such a case, that power will spare nothing to effectuate a peace with the United States, and turn all her efforts against France. As to a separate peace with the United States it will not take place. I am certain that they will not make peace but in concert with France.
I am, &c.
LUZERNE.
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, September 1st, 1782.
Sir,
The undersigned, Minister of France, has the honor of informing Congress, that he will transmit to his Court the resolution, by which Congress offers the ship of the line America, to replace the ship the Magnifique, which ran ashore at Boston, and which there is little hope of relieving. The Chevalier de la Luzerne cannot anticipate the determination of his Majesty, with regard to this offer, but as the desire of Congress to substitute immediately the America for the Magnifique cannot be accomplished if the undersigned Minister waits for the orders of his Court on this subject, he will, without delay, inform the Marquis de Vaudreuil of the resolution adopted by Congress on the 4th instant. This General will judge for himself, whether the fleet of the King will be stationed on the coast long enough to allow time for launching this vessel, arming her, and transporting on board of her the crew, artillery, and rigging of the Magnifique. In that case, the America will immediately join the fleet, in conformity with the wishes of Congress.
But whether circumstances shall allow this vessel to join his Majesty's fleet, or render it impracticable, the undersigned Minister can assure Congress, that his Majesty will behold with great pleasure, the eagerness with which the United States, his allies, have made this offer, and that this new mark of their attachment and friendship will be infinitely agreeable to him.
LUZERNE.
TO ROBERT. R. LIVINGSTON.
Translation.
Philadelphia, September 5th, 1782.
Sir,
A resolution of Congress of the 3d instant, has been communicated to me, containing the offer which that Assembly has been pleased to make of the ship America, to be joined to his Majesty's fleet. I have the honor of sending you a note, in answer to this communication. Whatever may be the result of this offer, I entreat you, Sir, to be persuaded, that my Court will be very sensible of the kindness of it, and as an individual, I am very desirous that this vessel should join the fleet of the King.[8]
I am, with the most sincere respect, Sir, &c.
LUZERNE.
FOOTNOTES:
[8] In Congress, September 3d, 1782. "Whereas the Magnifique, a seventyfour gun ship belonging to the fleet of his Most Christian Majesty, commanded by the Marquis de Vaudreuil, has been lately lost by accident in the harbor of Boston, and Congress are desirous of testifying on this occasion to his Majesty, the sense they entertain of his generous exertions in behalf of the United States;
"Resolved, That the Agent of Marine be, and he is hereby instructed, to present the America, a seventyfour gun ship, in the name of the United States, to the Chevalier de la Luzerne, for the service of his Most Christian Majesty."
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, September 12th, 1782.
Sir,
I have been honored by your favor of the 4th instant.[9] I have taken measures to obtain from the State of Pennsylvania the law you mention, which may be necessary to give validity to the eleventh Article of the treaty of amity and commerce.
The demand upon the State of Georgia shall be transmitted as soon as possible, and I doubt not, that they will see that full justice is done to the gentlemen in whose behalf you make the representation.
As it appears clearly from the state of facts transmitted by Count de Durat, that the vessel taken by Mr Clintock and his associates is lawful prize, agreeably to the marine laws of this country, I shall renew my instances upon this subject, and direct Dr Franklin to apply to your Court for redress; I must, therefore, again request your aid in promoting this claim in that channel, in which you observe, that it ought in future to be made.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
FOOTNOTES:
[9] Missing.
THE MARQUIS DE VAUDREUIL TO M. DE LA LUZERNE.
Translation.
Boston, September 20th, 1782.
Sir,
I have received with the greatest satisfaction the letter, with which your Excellency honored me on the 5th instant, with the copy of the resolution of Congress relative to the present, made by Congress to the King's navy, of the ship America. The eagerness of the United States to replace the Magnifique, which was lost without hope of being relieved, and the cordial manner in which they have offered the America, induce me to accept this vessel with much gratitude. I shall take care that she is promptly armed, and that she joins his Majesty's squadron. M. de Macarty de Marteigne, who will command her, will go to Portsmouth today for that purpose, and I have given orders to the vessels in that port, to furnish him with all the assistance that he may need.
I shall enjoy the honor, with which I feel much flattered, of numbering among my ships, this mark of the friendship and regard of our allies.
I have the honor to be, &c.
VAUDREUIL.
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, September 23d, 1782.
Sir,
The undersigned, Minister Plenipotentiary of France, has received orders to communicate to Congress, many details relative to the negotiation for peace. He is desirous, that a committee should be appointed to receive these communications, and he will, at the same time, have the honor of informing Congress of some circumstances, which concern the common cause, and relate to the actual situation of affairs in Europe.
LUZERNE.
GEORGE WASHINGTON TO M. DE LA LUZERNE.
Head Quarters, September 24th, 1782.
Sir,
Sundry accounts from New York having reached me, informing me that the British were more than meditating an enterprise against the squadron of the Marquis de Vaudreuil, which they have learned is at present in two detachments in Boston and Portsmouth harbors, and that preparations were making for that purpose, I have made the Marquis acquainted with this intelligence, and the probability of such an event.
At the same time that I gave this information to the French Admiral, I have written a letter to Governor Hancock, requesting that arrangements may be made with the militia of his State, in such manner as to give immediate and effectual support, in aid and protection of his Most Christian Majesty's ships, in case an attempt should be made upon them.
The like information I shall give to the Governor of the State of New Hampshire, and request similar assistance from him, in case of the enemy approaching near Portsmouth.
With the highest regard and esteem, &c.
GEORGE WASHINGTON.
COMMUNICATION OF THE FRENCH MINISTER TO A COMMITTEE OF CONGRESS.
In Congress, September 24th, 1782.
The committee appointed to hold a conference with the Chevalier de la Luzerne, Minister of France, in pursuance of his note to Congress of the 23d, report;
That yesterday your committee held a conference with the Minister of France, agreeably to the said appointment, the substance of which consisted in the communication of advices lately received by the said Minister of France, from his Excellency the Count de Vergennes, as follows.
The Minister informed the committee he had received several despatches from his Court, of which he thought it his duty to communicate an extract to Congress.
The first was dated 9th April last. It expressed the opinion of the Count de Vergennes, that the Court of St James had formed a design to make a separate peace with one or more of the powers at war with it. That France was perfectly easy with respect to the disposition of Congress; and that the uniformity and steadfastness of their conduct did not leave the least doubt with regard to the part they would take in this circumstance. That the steps the King had taken on a similar occasion, and the disappointment of several British emissaries, was already known to Congress. That they had met with the same reception at Madrid; and there was the greatest probability, that their intrigues would not be more successful at the Hague. The Minister of France observed, that the glory and honor of the present confederacy, of which his Majesty was the centre, would be their having been inaccessible to artifice; and this extraordinary instance would be crowned with success, if the four powers persisted invariably in a firm attachment to their union, and if, on the one hand, making the greatest exertions to procure the completest satisfaction, they, on the other hand, confined themselves within such bounds of moderation as would give no umbrage to any one of the powers at war with Great Britain.
That the King had, in different circumstances, taken the proper measures to deprive the enemy of all hopes, which they might have formed of introducing dissensions between his Majesty and his allies. That it was to be wished, that the Court of London was fully convinced of the impossibility of treating separately with America. That this had always been the chimerical and favorite idea of England; and that so long as it subsisted, there would perhaps be no possibility of treating seriously about the conditions of a peace. That their negotiations would only be an artifice to scatter divisions among the allies, and retard their exertions for continuing the war. That the shortest way to put a stop to their intrigues, would be to let it be known publicly in the most explicit manner, that the United States neither can nor will make any peace without the concurrence of their ally; and that if England has any overtures of peace to make to them, the American Plenipotentiaries are sufficiently empowered to receive them, and to negotiate a peace, if those overtures are admissible.
That this peremptory language would free Congress from all the embarrassments, which the English Ministers could throw in the way; that it would bring them to a sincere disposition to make peace; put an end forever to their machinations with the mediating powers; deprive them of the means of feeding the Parliament and people of England with the hopes of a separate peace; and finally save the Americans from all the difficulties, which would infallibly take place if England were allowed to negotiate in America. It would convince England, that the United States are not less attached to their engagements with their ally than sensible of the respect due to the Courts of Vienna and Petersburg, whose mediation Congress have accepted.
The Minister added, that though the situation of the belligerent powers, the distance of America, and the slowness and difficulty of communication made it advantageous that the seat of negotiation should be in Europe, and that the enemy should be informed of this resolution, yet Congress had the fullest liberty to follow the system which France had pointed out in her answer to the mediating powers, in consequence of which the American Ministers might negotiate immediately and directly, conformably to the instructions they had received from Congress; but the negotiations of France and America would be carried on in an equal progression, a continual and reciprocal communication would be given, and the two treaties signed at the same time, and one be ineffectual without the other.
The Count de Vergennes in the same despatch, gave information of the Dutch having acknowledged the independence of America, of which Congress are already informed.
The letters of May 2d and June 28th, urged the same point of referring the British negotiators in America to the American Plenipotentiaries in Europe, with this addition in the letter of May 2d, that it was now evidently the object of Great Britain to lessen their exertions on this continent as much as in their power, and to adopt a defensive mode of carrying on the war; that being unable to support a double war by land and by sea, she proposed to suspend the one in order to carry on the other more effectually; and in case of success, to return against the United States with redoubled efforts.
The Minister mentioned the attempts, that had been alternately made at the Court of Versailles, and with the American Plenipotentiaries, for a separate peace, and said, that Dr Franklin had communicated his and Mr Adams's answers, to the British emissaries; that the King thought them firm and consistent with the principles of the alliance, and wished that Congress might be informed of the satisfaction they afforded him. That to remove forever such expectations, it behooved the wisdom of Congress to declare, that no peace but a general one would be attended to; that when negotiations are entered into with sincerity, the King would most readily employ his good offices in support of the United States, in all points relating to their prosperity; that Congress were themselves sensible of the distinction between the conditions of justice and rigor, and those of convenience and compliance, which depended on the good or bad situation of affairs; that though the circumstances of the allies were very promising, such events might happen as might make it advisable to adopt the part of moderation.
But the best way to obtain every possible advantage, was to preserve a perfect connexion, and to let them know, that the United States would not only reject a separate peace, but that they would continue the war against the common enemy by all manner of ways, until their allies should also conclude a peace; that this declaration would convince the British Ministers, that they would not get rid of the Americans by merely acknowledging their independence; and that though they removed their troops from the continent, they would be attacked wherever found.
The despatch of the 28th of June dwelt chiefly on the negotiation; and contained details, which the Count de Vergennes directed the Minister to make to Congress, but which have in a great measure been already transmitted to them by their Ministers in Europe. These details related to the emissaries sent to Dr Franklin and Mr Adams, and their satisfactory answers. Mr Oswald, in an interview with the Count de Vergennes, hinted to him the desire of the Court of London, and the necessity it was under to make peace; and received for answer, that the King was equally disposed to make an honorable and solid peace. Mr Oswald went to London to carry this information; returned soon, and was immediately followed by Mr Grenville, the intimate friend of Mr Fox.
Mr Oswald repeated to Dr Franklin the assurances of the disposition of the Cabinet of St James; and Mr Grenville, in answer to his overtures to the Count de Vergennes respecting the disposition of the King of Great Britain, was informed by the express order of the King, that his Majesty was disposed to negotiate for peace, provided it was a general one, and the allies and friends of his Majesty were satisfied. This answer was just given when the news of the action of the 12th of April reached Europe. Nevertheless, the King of Great Britain sent full powers to Mr Grenville to negotiate the peace with his Majesty. In communicating them the English Agent declared, that the King of England, in order to facilitate peace, was disposed to treat of the independence of the United States with his Majesty, provided all other matters were put upon the footing of the treaty of 1763.
To this the King answered, 1st. That the powers of Mr Grenville were insufficient, as they did not mention the allies of his Majesty. 2dly. That his Majesty could not himself negotiate for the interests of America, having no powers to this purpose; and that it became the dignity of the King of England and of the United States to open a direct negotiation on this subject. 3dly. That in order to conclude a solid and lasting peace, it ought not to be founded upon the treaty of Paris, but upon justice and the dignity of all the contracting powers.
The British Ministry adopting these observations, sent new powers to Mr Grenville, authorising him to treat with all the belligerent powers. Mr Grenville presented to the Count de Vergennes a copy of these powers, and declared, that the King of England, being disposed to acknowledge and declare directly the independence of America, it would no longer be a conditional article of peace. And as to France, the English Plenipotentiary proposed to take the treaty of Paris for the basis, not of the peace itself, but of the negotiations which were to be entered into.
The Count de Vergennes, on the 21st of June, communicated to Mr Grenville the answer of the King. In this communication his Majesty declared his wishes for the restoration of peace, and his satisfaction, that the King of Great Britain was disposed to treat with all the belligerent powers, and that he intended to make a direct acknowledgment and declaration of the independence of the United States of America, and that this point would no longer be a conditional Article of a general pacification. That the King consents to adopt, according to the proposition of the King of England, the treaty of Paris for a basis of the negotiation, not as a confirmation of all its stipulations, but with exceptions and alterations respecting the East Indies, Africa, the fisheries of Newfoundland, and commercial regulations in Europe to mutual advantage. Restitution and compensation to be treated of, when the negotiation shall be established, with respect to which the King will be governed by the principles of justice and moderation, which are the basis of his policy. If these overtures are agreeable to the King of England, his Majesty will explain himself precisely on the different points. His Majesty expects, that his Britannic Majesty will make to all the belligerent powers and states, without delay, such overtures as he may think conducive to promote the negotiation as far as it respects their interests. That no doubt may be left with respect to his Majesty's sentiments, he declares anew, that he will neither treat nor terminate any negotiation, unless the interests of his allies and friends shall be conjointly discussed and determined, or separately, according to the wishes of his Britannic Majesty and the allied and friendly powers of his Most Christian Majesty.
Such was the state of affairs on the 28th of June, at which time there appeared some obstructions to the negotiation, owing, as it was believed, to the misunderstanding which prevailed among the British Ministers. Tergiversations were discovered on the part of the British negotiator. The bill authorising the King of England to treat with the Colonies of America had not then passed. These uncertainties made it essential to guard against British emissaries on the continent of America; and to prevent with all care their admission; and to recommend the same measure to the several Legislatures.
The Minister finished the conference by informing the committee of the fortitude of the King on receiving the news of the action of the 12th of April. He immediately gave orders for constructing twelve ships of the line, the greater part of the first rate. The city of Paris and several other cities and corporations had offered some others, and it was expected, that the King would, in the course of the next campaign, have twenty new ships to oppose the enemy. His Majesty was resolved not to make the least alterations in his plans for the future negotiation; and he exhorted his allies to the same resolution and the same exertions.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, September 27th, 1782.
Sir,
I have the honor of sending to you a decree of his Majesty's Council of State, made in consequence of the measures taken by Congress for preventing the fraudulent importation of English merchandise into this country. I desire that you would be pleased to communicate it to Congress, in order that it may be published under the seal of authority, and that American merchants and sailors may be informed, that it is in their own power to procure in the ports of France, the papers necessary for making it certain, that the English merchandise, which they take on board, is obtained from prizes. This decree agrees very well with the laws passed by several States, and particularly with that passed by the Assembly of Pennsylvania during its last session, to prevent commerce and all communication with the enemy. I have also the honor of sending to you, Sir, the copy of a letter from the Marquis de Vaudreuil, which I request you to be pleased to transmit to Congress.[10]
I have the honor to be, &c.
LUZERNE.
FOOTNOTES:
[10] See above p. 113.
TO GEORGE WASHINGTON.
Translation.
Philadelphia, September 29th, 1782.
Sir,
I have received the letter, which your Excellency did me the honor to write to me on the 22d of this month, with the news which accompanied it. I beg you to accept my sincere thanks.
I have the honor to transmit you the extract of an answer, made by express order of the King, on the 21st of June, to Mr Grenville. I pray you to be pleased to keep it a secret; all that I can add is, that the negotiations were still in agitation the beginning of July, but there had been in the conduct of the British Minister many circumstances, which led to doubt his sincerity; I believe, that even if there had been a sincere disposition to treat, the death of the Marquis of Rockingham had occasioned a change.
I have just received your Excellency's letter of the 24th; I cannot but thank you for the goodness, which you have had in transmitting me the detail, which it contains. I doubt not but M. de Vaudreuil will profit by the advice, and put himself in a posture of defence.
I have the honor to be, &c.
LUZERNE.
TO GEORGE WASHINGTON.
Translation.
Philadelphia October 1st, 1782.
Sir,
I send to New York M. Barbe, who has the honor to be known to your Excellency. The principal objects of his journey, are some arrangements relative to the French prisoners carried into New York, and of some Spaniards, who have been carried there also. I have charged him to see M. de la Touche, and to give him such consolation as depends upon me. I would at the same time wish to repurchase in New York some effects, which I had coming from France in the Eagle, and which I cannot replace here. I could wish you, Sir, to give all the assistance in your power to M. Barbe's gaining admission into New York and returning.
I am, &c.
LUZERNE.
REPORT OF A COMMITTEE OF CONGRESS ON COMMUNICATIONS MADE BY THE FRENCH MINISTER.
In Congress, October 3d, 1782.
The committee, to whom were referred the notes of the communication made by the Minister of France to a committee of Congress, on the 24th of September, brought in a report, which was agreed to, as follows;
That the Minister Plenipotentiary of his Most Christian Majesty be informed, that the communication made by the said Minister on the 24th of September last, is considered by Congress as an additional proof of his Majesty's magnanimity, and has confirmed those sentiments of affection and confidence, which his wise, steady, and liberal conduct in every stage of the war has so justly inspired.
That his Most Christian Majesty's declaration to the British Minister at Paris, that he will neither treat nor terminate any negotiation unless the interests of his friends and allies shall be considered and determined, is entirely correspondent to the part, which these United States are resolved to take in any negotiation for peace.
That Congress, with the utmost satisfaction embrace this opportunity to renew their assurances, that in every event these United States will inviolably adhere to their alliance with his Most Christian Majesty, which they consider to be equally essential to their interest and their glory.
That they will hearken to no propositions for peace, which shall not be discussed in confidence and in concert with his Most Christian Majesty, agreeably to the declaration made to his Minister Plenipotentiary on the 31st day of May last.
That upon this principle, Congress did not hesitate a moment, to reject the proposition made by the British General and Admiral, as Commissioners of Peace, for admitting Mr Morgan, their Secretary, to an interview at Philadelphia.
And that they are resolved to prosecute the war with vigor, until a general peace shall be obtained, in which their allies shall be comprehended.
That Congress place the utmost confidence in his Majesty's assurances, that he will readily employ his good offices in support of the United States in all points relative to their prosperity; and considering the territorial claims of these States as heretofore made, their participation of the fisheries, and of the free navigation of the Mississippi, not only as their indubitable rights, but as essential to their prosperity, they trust that his Majesty's efforts will be successfully employed to obtain a sufficient provision and security for those rights. Nor can they refrain from making known to his Majesty, that any claim of restitution or compensation for property confiscated in the several States, will meet with insuperable obstacles, not only on account of the sovereignty of the individual States, by which such confiscations have been made, but of the wanton devastations, which the citizens of these States have experienced from the enemy, and in many instances from the very persons in whose favor such claims may be urged. That Congress trust, that the circumstances of the allies at the negotiation for peace, will be so prosperous as to render these expectations consistent with the spirit of moderation recommended by his Majesty.
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, October 16th, 1782.
Sir,
The undersigned, Minister Plenipotentiary of France, requests Congress to be pleased to appoint a committee, to which he proposes to communicate some measures which are provisional, and which are to remain secret till the moment of their execution.
LUZERNE.
GEORGE WASHINGTON TO THE PRESIDENT OF CONGRESS.
Head Quarters, October 25th, 1782.
Sir,
I have the honor to transmit to your Excellency the copy of two letters[11] from the Count de Vergennes, which were sent out in the packet from England, and have just come to my hands by a flag of truce from New York. They contain a very pathetic and affectionate interposition in favor of the life of Captain Asgill.
I lose no time in forwarding them by a special messenger to Congress, without any observations, being persuaded that Congress will not fail to give a very early decision respecting his further treatment.
The enclosed newspaper contains all the information I have been able to obtain since the arrival of the packet.
I have the honor to be, &c.
GEORGE WASHINGTON.
FOOTNOTES:
[11] That is, the copy of a letter from Count de Vergennes, and one from Lady Asgill to him. See these letters above, pp. 105, 107.
TO GEORGE WASHINGTON.
Translation.
Philadelphia, October 25th, 1782.
Sir,
I have received the letter your Excellency did me the honor to write me on the 10th instant, with the amount of expenses incurred by the expresses, which formed the communication with the Marquis de Vaudreuil. The treasurer of our army will pay to your Quarter Master General the five hundred and thirtyseven dollars he has been so kind as to advance for that purpose. I beg also, that you will please to send me the amount of expenses incurred in procuring the intelligence from New York, and that you will accept my thanks for the trouble you have had in these details.
I will be exceedingly obliged to your Excellency to inform me where the seventyfifth regiment of grenadiers actually is.
I have the honor to be, &c.
LUZERNE.
GEORGE WASHINGTON TO M. DE LUZERNE.
Head Quarters, October 25th, 1782.
Sir,
The enclosed letter, which I have the honor to transmit to your Excellency, was received this moment by a flag of truce from New York. It was accompanied by one addressed to me from the Count de Vergennes, on the same subject.[12]
The case of Captain Asgill having, before the receipt of these letters, been submitted to Congress, I have immediately transmitted to that body, copies of the Count's letters to me, and have permitted myself to solicit from them, an early decision of his fate, which, judging from my own feelings, I persuade myself cannot be an unfavorable one.
I send your Excellency a transcript of intelligence, which I have this day forwarded to the Marquis de Vaudreuil.
I am, &c.
GEORGE WASHINGTON.
FOOTNOTES:
[12] See this letter above, p. 105.
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, October 28th, 1782.
Sir,
The undersigned, Minister Plenipotentiary of his Most Christian Majesty, has had too frequent opportunities of satisfying himself, that Congress fully perceives how intimately the interests of the two nations are connected, not to be convinced that they will learn with pain, that very considerable quantities of provisions have been sent by the Raritan to New York, and along the river opposite to Staten Island. The undersigned Minister cannot enter into the details of this proceeding, which he knows only by reports, though by reports upon which he has the strongest reasons for believing that he can depend. This trade is, moreover, carried on in the most open manner, and he is convinced, that by inquiries, instituted with promptness and secrecy, he shall be able to obtain proofs of it, and to procure the means of putting a stop to it. Cattle of all kinds have served to furnish with provisions the enemy's fleet, which has just sailed down to the Hook. It is asserted, that the quantities sent from the Jerseys are immense, but the Chevalier de la Luzerne thinks it unnecessary to attempt at present, to determine them exactly, and contents himself with observing, that the nineteen vessels thus supplied, will not, perhaps, depart immediately, and that it will be necessary to shut up the channels by which these provisions have reached them.
There are, besides, eight other ships of the line at New York, which they intend to supply with provisions in the same way. Congress are aware how important it is to prevent the enemy from obtaining from the United States the means of putting to sea, and even of supplying the garrison. The undersigned also knows what efforts have been made by that body, on different occasions, to put a stop to those illegal operations, and how desirous it is effectually to guard against them. He also knows, that all the good citizens of the Jerseys grieve to see the enemy obtaining from their own State, supplies, which are employed against the allies of the United States, and he is convinced, that it is only necessary to point out the evil, in order that all may cordially unite in providing a remedy for it.
LUZERNE.
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, October 30th, 1782.
Sir,
The Secretary of the United States for the Department of Foreign Affairs has the honor to inform the Minister Plenipotentiary of his Most Christian Majesty, that a petition has been presented in behalf of the owners and officers of the brig Lætitia, commanded by Robert Collins, and commissioned by the United States. That the said brig, while at anchor in the road of Basseterre, on the 3d day of May last, near the Island of St Christophers, captured by her boat a brig called the Francis, belonging to the subjects of his British Majesty, bound from the port of Liverpool in England to the Island of Tortola, and having on board a valuable cargo.
That after the prize had been brought to anchor in the road of Basseterre, by the officers and mariners of the said brig Lætitia, the harbor master of the Island of St Christophers, aided by a guard, took possession of her, under pretence, that she was included in the capitulation, though the contrary appears from the affidavits annexed; that the said prize was afterwards advertised and sold as a prize to the subjects of his Most Christian Majesty, without any condemnation in the Courts of Admiralty of the Island. As the sale of this prize fully demonstrates, that she could never have been included in the number of those vessels protected by the capitulation, it is not doubted, that the justice of his Most Christian Majesty's Ministers will induce them to direct, that the value of the prize be repaid to the legal captors, when the Chevalier de la Luzerne shall have submitted the above state of facts, and the annexed affidavits to their inspection, together with such observations as his own candor and equity will induce him to wake thereon.
ROBERT R. LIVINGSTON.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, November 4th, 1782.
Sir,
Congress, in the year 1780, recommended to the different States to pass laws analogous to the Thirteenth Article in our treaty of commerce. Some States have complied with this recommendation, others, among which is Pennsylvania, have neglected to do it. I know, that several Frenchmen, who have acquired funds in this State do not trust to the protection of prosecutions de l'échiquier général for want of a law of this nature. I entreat you, Sir, to be pleased to procure the passing of such a law, in case that you think, that the said Article of the treaty is not sufficient to secure to them the quiet possession of the funds, which they have acquired.
I have the honor of sending you, Sir, a letter from the Count de Durat, Governor of Grenada, relative to an affair, concerning which I wrote to him, by your recommendation. It seems to me, agreeably to his answer, that those interested should for the future apply to Dr Franklin, to procure satisfaction. You will perhaps think proper to communicate to them the letter of M. de Durat.
You will also find annexed, Sir, some papers relative to an affair, which concerns the United States, or the State of Georgia. Be pleased to let me know what answer I can send to those inhabitants of the Cape who are interested.
I am, Sir, with the greatest respect, &c.
LUZERNE.
TO GEORGE WASHINGTON.
Translation.
Philadelphia, November 6th, 1782.
Sir,
I duly received the letter your Excellency honored me with on the 25th ultimo, relative to Captain Asgill; it appears that Congress are favorably disposed, respecting him, but they have not yet passed any resolution on that head. When they do, I doubt not it will be favorable.
I have seen with much pleasure a Proclamation of the Governor of the State of New York, to prevent sending provisions to the enemy. The accounts I have recently received on that subject from the States of Jersey and Connecticut, give me more pain than I can express. They are positive, and from people who had ocular demonstration; they prove, that the enemy's fleet could not have quitted New York for some time, if they had not received immense quantities of provisions, living and dead. This commerce is carried on regularly and openly, as if it were peace, or as if the cattle were for your army. Your Excellency knows how important the despatch or detention in fitting out fleets is, and I know the efforts you have made to put a stop to this destructive commerce. I must however entreat you, Sir, to use your influence with the Governors of Jersey and Connecticut, to adopt such measures as may prove efficacious. I am sure there is not a single good citizen in America, who is not hurt at seeing the enemy thus furnished from this continent, and thereby enabled to distress us in the West Indies.
I have the honor to be, &c.
LUZERNE.
[8] In Congress, September 3d, 1782. "Whereas the Magnifique, a seventyfour gun ship belonging to the fleet of his Most Christian Majesty, commanded by the Marquis de Vaudreuil, has been lately lost by accident in the harbor of Boston, and Congress are desirous of testifying on this occasion to his Majesty, the sense they entertain of his generous exertions in behalf of the United States;
A resolution of Congress of the 3d instant, has been communicated to me, containing the offer which that Assembly has been pleased to make of the ship America, to be joined to his Majesty's fleet. I have the honor of sending you a note, in answer to this communication. Whatever may be the result of this offer, I entreat you, Sir, to be persuaded, that my Court will be very sensible of the kindness of it, and as an individual, I am very desirous that this vessel should join the fleet of the King.[8]
[9] Missing.
I have been honored by your favor of the 4th instant.[9] I have taken measures to obtain from the State of Pennsylvania the law you mention, which may be necessary to give validity to the eleventh Article of the treaty of amity and commerce.
[10] See above p. 113.
I have the honor of sending to you a decree of his Majesty's Council of State, made in consequence of the measures taken by Congress for preventing the fraudulent importation of English merchandise into this country. I desire that you would be pleased to communicate it to Congress, in order that it may be published under the seal of authority, and that American merchants and sailors may be informed, that it is in their own power to procure in the ports of France, the papers necessary for making it certain, that the English merchandise, which they take on board, is obtained from prizes. This decree agrees very well with the laws passed by several States, and particularly with that passed by the Assembly of Pennsylvania during its last session, to prevent commerce and all communication with the enemy. I have also the honor of sending to you, Sir, the copy of a letter from the Marquis de Vaudreuil, which I request you to be pleased to transmit to Congress.[10]
[11] That is, the copy of a letter from Count de Vergennes, and one from Lady Asgill to him. See these letters above, pp. 105, 107.
I have the honor to transmit to your Excellency the copy of two letters[11] from the Count de Vergennes, which were sent out in the packet from England, and have just come to my hands by a flag of truce from New York. They contain a very pathetic and affectionate interposition in favor of the life of Captain Asgill.
[12] See this letter above, p. 105.
The enclosed letter, which I have the honor to transmit to your Excellency, was received this moment by a flag of truce from New York. It was accompanied by one addressed to me from the Count de Vergennes, on the same subject.[12]
TO COUNT DE DILLON, GOVERNOR OF ST CHRISTOPHERS.
Translation.
Philadelphia, November 8th, 1782.
Sir,
I have the honor of sending you a copy of the depositions of some sailors of the brig Lætitia. I entreat you to be pleased to cause an examination to be made into this affair, for which they have presented a Memorial to Mr Livingston, Minister of the United States for Foreign Affairs, who has sent it to me, in order that I might transmit it to you. I have assured that Minister, that he may rely upon your justice and care, that such restitution shall be made to the plaintiffs, as after the investigation into the affair they shall seem justly entitled to.
I have the honor to be, &c.
LUZERNE.
TO SIR GUY CARLETON.
Translation.
Philadelphia, November 9th, 1782.
Sir,
It is with much pleasure, that I now have the honor to enclose you the resolution of Congress in favor of Captain Asgill.[13] I am well persuaded, that your justice and humanity will induce you to prevent in future the excesses, that gave rise to this disagreeable affair.
I shall send this resolution to France by different opportunities, and hope it will be forwarded immediately to Lady Asgill, and put an end to the anxiety she has suffered on account of her son. But as it is possible that my letter may arrive later than yours, I beg you, Sir, to transmit it also by the first opportunity, I shall solicit General Washington to permit Captain Asgill to return to Europe on his parole, that Lady Asgill may have her joy complete, and if possible be recompensed for the alarm she has been so long in.
Receive the assurance, &c. &c.
LUZERNE.
FOOTNOTES:
[13] In Congress, November 7th, 1782. "On the report of a committee, to whom were referred the letter of the 19th of August from the Commander in Chief, the report of a committee thereon, and also another of the 25th of October from the Commander in Chief, with the copy of a letter to him from the Count de Vergennes, dated the 29th of July last, interceding for Captain Asgill;
"Resolved, That the Commander in Chief be, and he is hereby directed to set Captain Asgill at liberty."
November 8th. "Resolved, that the Commander in Chief be instructed to call, in the most pointed terms, on the British commander at New York, to fulfil his engagement contained in his letter of the 13th day of August last, 'to make further inquisition into the murder of Captain Huddy, and to pursue it with all the effect, which a due regard to justice will admit.'
"Resolved, that to prevent any misconstruction, which may arise from the resolution directing Captain Asgill to be set at liberty, it be declared, and it is hereby declared, that the Commander in Chief, or commander of a separate army, is, in virtue of the powers vested in them respectively, fully authorised and empowered, whenever the enemy shall commit any act of cruelty or violence, contrary to the laws or usage of war, to demand adequate satisfaction for the same; and in each case, if such satisfaction shall not be given in a reasonable or limited time, or shall be refused or evaded under any pretence whatever, to cause suitable retaliation forthwith to be made; and the United States in Congress assembled will support them in such measures."
TO SIR GUY CARLETON.
Translation.
Philadelphia, November 9th, 1782.
Sir,
By a letter I have this moment received from New York, I am informed, that M. de la Touche is yet prisoner on board the Lion, or on Long Island. I should be extremely glad if he could be exchanged immediately, promising to return the first officer of the same rank, who shall fall into our hands; or if that favor cannot be obtained, that he may be permitted to come to Philadelphia for some time. I am well aware, that this matter is not properly in your department, but the actual circumstance of the affair, and the letter of Commodore Elphinston to Baron Vioménil, must give weight to your recommendation, if you will please to employ it.
I have the honor to be, &c.
LUZERNE.
TO GEORGE WASHINGTON.
Translation.
Philadelphia, November 12th, 1782.
Sir,
I hope you will not find it amiss, that I have sent directly to General Carleton the two letters, of which the enclosed are copies. M. de la Touche wrote me, that he was yet detained at New York, and that he would probably have time to receive my answer if it came directly, which induced me to write him by way of Elizabethtown, rather than by Dobbs's Ferry. If there is any impropriety in the step I have taken, I hope your Excellency will excuse it in consideration of the object in view. I dare even to ask your Excellency to enforce my request.
I also take the liberty to request your Excellency to permit Captain Asgill to return to Europe. The situation of his mother has been so unhappy for some time past, that he has a sort of claim on your Excellency's goodness.
I have the honor to be, &c.
LUZERNE.
GEORGE WASHINGTON TO CAPTAIN ASGILL.[14]
Head Quarters, November 13th, 1782.
Sir,
It affords me singular pleasure to have it in my power to transmit you the enclosed copy of an act of Congress of the 7th instant, by which you are released from the disagreeable circumstances in which you have so long been. Supposing you would wish to go into New York as soon as possible, I also enclose a passport for that purpose.
Your letter of the 18th of October came regularly to my hand. I beg you to believe, that my not answering it sooner did not proceed from inattention to you, or a want of feeling for your situation; I daily expected a determination of your case, and I thought it better to wait that, than to feed you with hopes that might in the end prove fruitless. You will attribute my detention of the enclosed letters, which have been in my hands about a fortnight, to the same cause.
I cannot take leave of you, Sir, without assuring you, that in whatever light my agency in this unpleasing affair may be received, I never was influenced through the whole of it by sanguinary motives, but by what I conceived a sense of my duty, which loudly called upon me to take measures, however disagreeable, to prevent a repetition of those enormities, which have been the subject of discussion, and that this important end is likely to be answered, without the effusion of the blood of an innocent person, is not a greater relief to you, than it is to, Sir, your most obedient, and humble servant,
GEORGE WASHINGTON.
FOOTNOTES:
[14] See other letters respecting Captain Asgill's case, above, pp. 105, 107, 128, 129, 133, 135.
GEORGE WASHINGTON TO M. DE LA LUZERNE.
Head Quarters, November 13th, 1782.
Sir,
I am honored with your Excellency's letter of the 6th instant, on a subject not more distressing to you, Sir, than to myself. I have at various periods of the war written to Congress and to the States, endeavoring to convince them of the necessity of passing the most vigorous laws, to prevent the inhabitants from furnishing the enemy with provisions. I will write them again and will use every argument I am master of for that purpose. In all other nations, I believe, the persons guilty of that crime are punished with death, and unless the States on this continent will pass similar laws, I see no means of putting a stop to that destructive practice. Anything the military could do in that matter, would be in vain. To post as many guards as would be necessary, would be destructive to the army, as those guards would be continually liable to be cut off by the enemy; and, indeed, the whole army would not suffice to guard the extensive coasts where this illicit commerce is carried on.
I have the honor to be, &c.
GEORGE WASHINGTON.
GEORGE WASHINGTON TO COUNT DE VERGENNES.
Head Quarters, Newburgh, State of New York,
November 21st, 1782.
Sir,
After I had the honor of receiving your Excellency's letter of the 29th of July, I lost not a moment in transmitting it to Congress, who had then under deliberation the proceedings of the British Court Martial upon Captain Lippincot for the murder of Captain Huddy, and the other documents relative to that inhuman transaction. What would otherwise have been the determination of that honorable body, I will not undertake to say, but I think I may venture to assure your Excellency, that your generous interposition had no small degree of weight in procuring that decision in favor of Captain Asgill, which he had no right to expect from the very unsatisfactory measures, which had been taken by the British Commander in Chief to atone for a crime of the blackest dye, not to be justified by the practices of war, and unknown to this day amongst civilized nations. I flatter myself, however, that our enemies have been brought to see this transaction in its true light, and that we shall not experience a repetition of the like enormity.
Captain Asgill has been released and is at perfect liberty to return to the arms of an affectionate parent, whose pathetic address to your Excellency could not fail of interesting every feeling heart in her behalf.
I have no right to assume any particular merit from the lenient manner, in which this disagreeable affair has terminated. But I beg you to believe, Sir, that I most sincerely rejoice, not only because your humane intentions are gratified, but because the event accords with the wishes of his Most Christian Majesty and his royal and amiable consort, who, by their benevolence and munificence, have endeared themselves to every true American.
I have the honor to be, with profound respect, Sir, &c.
GEORGE WASHINGTON.
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, November 26th, 1782.
Sir,
I have the honor to inform you, that Congress were pleased, on the 12th instant, to pass the enclosed resolution, by which they renew their appointment of Mr Jefferson, as Minister Plenipotentiary for negotiating a peace.
Mr Jefferson's established character, his abilities and the honorable offices he has sustained with reputation in this country, leave no room to doubt that this appointment will be highly acceptable to your Court, when you shall have placed them in that favorable point of view, in which, I persuade myself, you take a pleasure in representing them.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, November 29th, 1782.
Sir,
I have received the letter, in which you inform me of the renewal of Mr Jefferson's commission, and the resolution of Congress, which accompanied it. I was sorry to see that Minister decline taking part in the negotiation for peace, and I learn with great pleasure, that he is making arrangements for joining the other Ministers to whom Congress has intrusted it. The ability of Mr Jefferson, and the important services, which he has rendered to the United States, are very well known in Europe, and you may be assured, Sir, that all, who are interested in the prosperity and welfare of this country, will approve of the choice made by Congress.
I have the honor to be, &c.
LUZERNE.
TO GEORGE WASHINGTON.
Translation.
Philadelphia, November 30th, 1782.
Sir,
I received the letters your Excellency honored me with the 13th, 19th, and 22d of this month, and have forwarded yours for the Count de Vergennes. From the reports which I have received from the Jerseys, it appears, that the care of the Legislature and the vigilance you have excited in the Executive, have produced happy effects in stopping the facility, with which supplies were sent to New York. I well know the impossibility of preventing that commerce by means of military guards; but in putting the zeal of the good citizens in activity, I am persuaded some bounds may be put to a practice so destructive to the interests of the United States as well as of her allies.
I am under great obligations to your Excellency for communicating to me what has passed relative to the fleets of the enemy at New York. I beg you to continue this communication, even after M. de Vaudreuil has departed, for by transmitting these accounts to the Minister of Marine, I enable him to judge better of the measures he has to take, knowing the force and movements of the enemy on these coasts.
I have the honor to be, &c.
LUZERNE.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, December 11th, 1782.
Sir,
I have received the letter, with which you honored me yesterday. I have, in consequence, the honor of sending you triplicate copies of a letter, which I wrote to the Count de Durat, Governor of Grenada. Be pleased to send it to the persons whom it concerns, and to recommend to them to annex to it French copies of their Memorial. I hope that it may contribute to their satisfaction. I can only invite the Admiralties of our Islands to take affairs of this kind into consideration.
I have the honor to be, &c.
LUZERNE.
TO GEORGE WASHINGTON.
Translation.
Philadelphia, December 18th, 1782.
Sir,
I have the honor to enclose your Excellency a letter, which, after having read and sealed, I am to request you to forward with all possible despatch. I hope that the arrival of my despatches will enable me to be more particular. It will be necessary to recommend to the chain of expresses, to hold themselves in readiness to carry on the despatches, which I shall have to send by another Courier.
I have the honor to be, &c.
LUZERNE.
TO THE MARQUIS DE VAUDREUIL.
Translation.
Philadelphia, December 18th, 1782.
Sir,
I this instant learn by an express arrived from the Capes, that the Danaë entered the day before yesterday, and in a thick fog had the misfortune to get aground; probably she will be got off; she is within the Capes. She left France the 8th of November; the express has not brought a single letter, and I do not expect them till tomorrow or the day after. If there are any for you, they shall be sent on with the greatest despatch, and if there are none, you shall have an express with the news. It is said, that there are many packets for the army, and one hundred and eighty thousand livres.
The only Frenchmen of our acquaintance on board are General Duportail and M. de Gouvion.
The whole of the force at Cadiz, as well land as naval, is destined for the West Indies.
I have the honor to be, &c.
LUZERNE.
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, December 26th, 1782.
Sir,
The undersigned Minister Plenipotentiary of France has the honor of informing Congress, that his Majesty has received, with the most lively sensibility, the proofs of the measures taken by them on the birth of the Dauphin.[15] The King has ordered the Chevalier de la Luzerne to assure this Assembly, that they could not have manifested their attachment to him, on an occasion more dear to him, and that this circumstance will, if possible, add new force to his affection for the United States, as well as to his wish to establish their happiness upon a permanent foundation.
I have the honor to be, &c.
LUZERNE.
FOOTNOTES:
[15] See the proceedings of Congress here alluded to in the Secret Journal, Vol. III. p. 106.
SUBSTANCE OF A VERBAL COMMUNICATION FROM THE FRENCH MINISTER.
Office of Foreign Affairs, December 30th, 1782.
The substance of a verbal communication made to the Secretary for Foreign Affairs by the Minister of France, on the 30th and 31st of December, 1782, offered to the consideration of Congress on the 1st of January, 1783, by the said Secretary.
The Minister of France came this day agreeably to appointment, to the Office of Foreign Affairs, and read to Mr Livingston a letter from the Count de Vergennes to him, dated the 12th of August last, which contained in substance; that the negotiations begun by Mr Grenville and Mr Oswald were interrupted by the resignation of Mr Fox. That previous to that, the King of England appeared disposed to acknowledge the independency of America in express terms, without making it a condition of the peace; that Mr Grenville encouraged them to hope, that this object would be rendered complete by an act of Parliament; that they looked in vain for this act till they were apprised of the resignation of Mr Fox; that the difference which arose between him and Lord Shelburne led them to suppose, that the design of the first was to recognise the independency of America and treat for a general peace upon fair and honorable terms; that Lord Shelburne's was, on the contrary, to endeavor to excite distrusts, and particularly to endeavor to mislead the Americans; that in pursuance of this system in the month of June last, at the very time that they opened their treaty in Europe, he proposed to offer the most advantageous terms to America upon condition that the Americans laid down their arms and left France to settle the dispute alone. This insidious conduct was pursued during Mr Grenville's negotiation.
That Mr Fox's resignation suspended the negotiation, though the new Administration declared, that this event should occasion no change of measures; that the Court of France expected the effect of this declaration, when a commission was expedited to Mr Oswald to treat with the American Plenipotentiaries, and another to authorise Mr Fitzherbert to resume the negotiation begun by Mr Grenville; that he had presented his credentials the 4th instant; that Mr Oswald had yet received only a copy of his, owing to the Chancellor's absence; that Mr Fitzherbert had returned the answer of Great Britain to the counter proposition given by France; that this contains full evidence of the unsteadiness of Lord Shelburne's conduct, since, instead of making the independence of America a separate object, it proposes it as a condition, and as the price of peace, and adds, that every other circumstance should be placed upon the basis of 1763.
He observes, that the Chevalier de la Luzerne will judge from this, that they affected much surprise at the counter propositions, and that they did not assent to them; neither on the other hand, have they yet refused them, but confine themselves to demanding explanations. That this was then the state of their negotiations; that Mr Oswald had presented his commission, to which Mr Franklin and Mr Jay had yet given no reply, suspending it till they knew his (the Count de Vergennes's) sentiments; that as yet he had formed no opinion, waiting the result of a conference, which he was to have the next day with those Ministers; that the commission was in the usual form, but speaks of the Americans as Colonies, without naming them rebels, or asserting any claims upon them.
That he did not for his part believe, that Lord Shelburne would negotiate a general peace sincerely, till he lost all hopes of sowing dissensions and treating separately; that they were convinced, that neither France nor Spain were to be deceived, and that he (the Count de Vergennes,) entertained the same sentiments with respect to the Americans, but that the British Ministry, deceiving themselves, may continue to tempt them till a peace is signed; that the information they (the Court of France,) had received from him (the Minister of France,) had left them little doubt on that head; and that those doubts will be entirely removed when the States shall have respectively imitated the example of Maryland, Virginia, and New Jersey.
That, however, good faith was not all that was required of an ally; that they must feel themselves in a situation to impose terms on the enemy; that unhappily the Americans had neglected this; that the Minister of France could not press this too closely upon us.
He then proceeds to inform the Minister, that while the British had set on foot a direct negotiation, the Imperial Court renewed their instances with that of London to engage them to accept their mediation; that this gave birth to an answer, in which his Britannic Majesty, without taking notice of the negotiation begun at Paris, declared, that he was ready to receive through them, every pacific overture, and even to admit the Dutch and the Americans to the negotiation. This answer was dated on the 29th of April, when Mr Oswald was already in Paris. That they continued their negotiations, and sent Mr Grenville powers, which were dated on the 21st of May; that they did not conceal this from the Imperial Court, but pretended that it was at the instance of France.
That this false accusation, and above all the fear of seeing the mediation vanish, had engaged the Imperial Court to communicate to the Court of Versailles and Madrid, the last Memorial of the Court of London, and to exhort them to establish a negotiation under their auspices; that it was easy to refute the unskilful accusation of the British, which he (the Count de Vergennes,) thinks they (the Court of France,) have done with success; that the answer is transmitted; that they had determined, without rejecting the mediation, to pursue the direct negotiation as long as it might be convenient to the Court of London; that he had not seen the answer of the British, which could not, however, be very satisfactory, since they have expedited the commission to Mr Fitzherbert and Mr Oswald; that he (the Count do Vergennes,) was ignorant of the part, that the Imperial Courts would take upon their declinatory answer.
But that they had always been candid, clear, and open, and would have no objection to confide their interests with the mediators upon the established basis, whenever the Court of London shall decline the direct negotiation she had begun; that the King did not doubt but that Congress would think with him on this subject, and that he would not hesitate, if circumstances should require it, to give such assurances to the two Imperial Courts. In a postscript he adds, that he had seen Mr Jay and Mr Franklin, and that they had together discussed both the substance and form of the commission to Mr Oswald, and that in spite of his (Mr Oswald's) instances, they had agreed to decline entering into the matter with him, until he shall have produced the original of his commission.
ROBERT R. LIVINGSTON.
TO THE PRESIDENT OF CONGRESS.
Translation.
December 31st, 1782.
Sir,
The undersigned, Minister Plenipotentiary of France, has had the honor of communicating to the Secretary of the Department of Foreign Affairs, several facts and circumstances relative to the negotiation for a general peace, which is now carried on at Paris, between the belligerent powers. That Minister will communicate them to Congress; but the undersigned Plenipotentiary, has received orders himself, to express to that Assembly, the satisfaction of the King, his master, at the conduct, which they have observed on occasion of the overtures, made by the English Commissioners commanding at New York, at different times, for establishing a particular negotiation with the United States, or with any one of them.
The King has seen with pleasure the resolutions taken by his allies under these circumstances, and their perfect harmony with those, which he has taken himself.
He has observed with equal satisfaction the unanimity, which has reigned in the different States of the Union, which have expressed their sentiments in relation to the proposal for a separate peace; their determination honorably to reject every proposal of this kind, corresponds perfectly with the opinion formed by his Majesty, of their fidelity in the observance of their engagements, and of the wisdom which presides in their Councils.
The communications made to the Secretary of the Department of Foreign Affairs, encourage the presumption, that conduct, as prudent and advantageous as it is just and wise, will soon bring the allies to a happy conclusion of the present war. The British Minister showed a peaceable disposition; he had reasonable fears respecting the fate of several naval operations, which, on the contrary, have had a result much more favorable than the Court of London seemed to expect. Possibly these unexpected successes may change his disposition for peace, and on that supposition, the undersigned Minister thinks, that it will be wise in the United States not to relax their efforts and their preparations for the ensuing campaign. Congress may be assured, that his Majesty will, on his part, hold himself in readiness to carry it on with vigor, and that he will apply all his resources to that object.[16]
LUZERNE.
FOOTNOTES:
[16] In Congress, January 3d, 1783. "On report of the Secretary of Foreign Affairs, to whom was referred the foregoing note,
"Resolved, That the Secretary of Foreign Affairs inform the Minister of France, that Congress learn with great pleasure, that the steps taken by Congress and the respective States, their constituents, in opposition to the attempts of the British Court to bring about a partial negotiation, has been satisfactory to his Most Christian Majesty. That his Majesty's conduct in the progress of the negotiations commenced in Europe, as it has been communicated to Congress, is sufficient to inspire a just abhorrence of every act derogatory to the principles of the alliance, and serves to fortify the resolutions, which his repeated acts of friendship, and a sense of their own honor and dignity had dictated to the United States in Congress assembled, and the States they represent."
RESOLVES OF CONGRESS ON THE DEPARTURE OF THE FRENCH ARMY.
In Congress, January 1st, 1783.
On Report of the Secretary of Foreign Affairs,
The Minister Plenipotentiary of his Most Christian Majesty having communicated to Congress, through the Secretary of Foreign Affairs, on the 7th instant, the resolution taken to embark the army under the command of the Count de Rochambeau, and on the 29th their having actually embarked and sailed, together with his Majesty's intention to direct them to return, whenever an object should offer in which they might effectually co-operate with the troops of the United States;
Resolved, That the Secretary of Foreign Affairs inform the Minister of France, that though Congress cannot see without regret, the departure of an army to whose bravery and good conduct they are so greatly indebted for the reduction of the enemy's force in this country, yet, that they have too much confidence in the attention of his Majesty to the interests of the alliance, not to be persuaded, that the order for their departure was dictated by a conviction, that they could elsewhere be more usefully employed against the common enemy. That they wish him to make known to his Majesty the grateful sense they entertain of his attention to their immediate interest, manifested in the important aid thus long afforded them, and in his generous determination to direct his troops to return to this country, whenever circumstances will admit of an advantageous co-operation with the arms of the United States. That they desire through him to recommend in a particular manner the Count de Rochambeau, and the army under his command, to the favor of his Majesty, having the highest reason to be satisfied with their bravery and good conduct, and with that strict discipline, to which they are indebted for the perfect harmony, which has so happily subsisted between them and the soldiers and citizens of the United States.
Resolved, That the President make the acknowledgements of Congress, in a particular manner, to his Excellency the Count de Rochambeau, and signify to him the high sense they entertain of the distinguished talents displayed by him, with so much advantage to these States, in the most important conjunctures, as well as of the strict and exemplary discipline, which has been uniformly conspicuous in the troops under his command, and which has deservedly acquired the admiration and esteem of the citizens of these States, by whom his signal services, and the delicate attention at all times paid to their private rights, will ever be held in affectionate remembrance.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, January 10th, 1783.
Sir,
The undersigned, Minister Plenipotentiary of France, has made a seasonable report to his Court, of the inconveniences, which might result from the advantageous capitulations granted to the Islands of St Christopher, Nevis, and Montserrat, conquered by the forces of his Majesty. The term of six months, which had been granted to the capitulators for receiving the vessels, which they expected from England, and for sending them back under a neutral flag, even to the ports of Great Britain, expired some time ago, and thus no inconvenience can result from this stipulation. Some of the said capitulations gave power to the Governors to authorise by particular permissions, even after the expiration of the six months, exportations from these conquered Islands to the ports of the enemy.
The undersigned has the honor of informing the Secretary of Foreign Affairs, that, in consequence of orders given to the Governor-General of these Islands, these permissions will not be given; and, therefore, nothing will prevent the entire execution of the resolutions of Congress in relation to the importation of English merchandise into this country. Congress may be assured, that his Majesty will concur in all measures of this kind, which shall have for their object the prevention of commerce with Great Britain.
LUZERNE.
TO ROBERT MORRIS.
Translation.
Philadelphia, March 15th, 1783.
Sir,
I have the satisfaction of informing you, that his Majesty has procured for the United States, a loan of six millions, to be employed in the Department of War, during the course of the present year. In announcing to you, Sir, this new mark of the friendship of the King for the United States, I must enter into some details, which relate to your operations, and which will make you acquainted with the motives, which have induced his Majesty to make this new effort in favor of his allies.
In the course of the last year, Sir, I gave an account to his Majesty's Minister, of the order, which seemed to me to be introduced into the department intrusted to you, of the re-establishment of the public credit, and of the economy, which attended your operations. I added, that I considered the establishment of a public revenue, for the payment of interest, and the progressive redemption of the capitals, as extremely probable, and as the delay and the difficulty of communication would not allow me to wait till this operation was completed by the different Legislatures, before I should explain what were the wants of the United States, I took it upon myself to write to the Count de Vergennes, that the disposition of the people to fulfil the engagements made, and to be made by Congress, appeared to me sufficiently favorable to induce his Majesty to lend a new sum of money to the United States, for this year, if the state of his finances should allow it. These assurances determined the loan of six millions; but the event has proved, that I had deceived myself in the hopes, which I had thought myself authorised to give to my Court, and so far from the financial affairs being improved since the month of February, the time at which my letters on this subject were written, they have, on the contrary, taken a retrograde direction, and I see no certainty of the payment of the sums previously lent, and of that which has just been lent.
Thus, Sir, my hasty assurances have determined his Majesty to advance this money, and, at the moment in which I am informed of it, I am under the disagreeable necessity of acquainting his Minister, that the hopes, which I had given have vanished, and that my assurances were without foundation.
I shall say nothing to you of the embarrassing situation, in which I am personally placed by these circumstances. But I shall take the liberty of observing to you, that in the present juncture, the best remedy is to take, as soon as possible, the measures which have not been taken within the time which I had announced.
The Count de Vergennes, Sir, informs me, that the six millions are lent to the United States, in the same manner, and on the same conditions, as the sum which was lent last year; that is to say, that they will be paid from month to month, at the rate of five hundred thousand livres a month; but as it appeared, according to what you did me the honor of writing to me previously, that you had anticipated a part of this loan, I must entreat you to observe, that the first months of this year will serve for paying the money thus anticipated, and thus, that it is, accordingly, proper so to arrange the drawing of your bills, as that they may only be presented from month to month, and at the times when the money for paying them shall have been obtained.
I have had the honor to inform you, Sir, that this money was loaned to the United States in order to enable them to continue the war; the wisdom of Congress will determine, according to circumstances, the manner of effecting this important object, and by united efforts, of compelling the enemy to conclude a firm and lasting peace.
It remains for me to inform you, Sir, that the King has not been able to make this last effort, without great difficulties. I have had the honor of communicating to you those, which prevent the success of loans of any considerable magnitude; they are so great, that I am ordered to announce to you, in the most positive manner, that it will be impossible for the King, under any supposition whatever, to procure new advances of money for Congress, for the next year. With regard to the resources, which you may seek in other places besides France, the letters, which I have had the honor of reading to you, do not allow any success to be looked for, until the United States shall have established a permanent public revenue; and the delay and repugnance, with which they proceed in doing this, being known in Europe, the inclination for lending money to Congress, which may have existed, has disappeared; the lenders make other investments; the speculations, which might have been directed towards the United States, go farther and farther from them, and it will certainly be difficult to bring them back.
I refrain from repeating here the other parts of the despatches of the Count de Vergennes, which I have had the honor of communicating to you, because the truths contained in them are well known to you, Sir, and because they all may be reduced to this. Without the speedy establishment of a substantial public revenue, and without the vigorous execution of the engagements entered into by Congress, the hope of obtaining loans in Europe must be given up.
I am also ordered, Sir, to represent to Congress, that my Court relied upon final and satisfactory measures being taken to secure the payment of the interest, and of the debt contracted by the United Slates toward his Majesty. But I content myself with mentioning this circumstance to you, and before directly announcing it to Congress, I shall wait till their present embarrassments are diminished.
You will judge, Sir, by these details, how impossible it is to draw bills upon your Plenipotentiaries, beyond that part of the six millions' loan of this year, which is unappropriated. It is clearly shown, that these bills will not be paid by us, and it is with a full confidence in your regularity in this respect, that I shall inform the Count de Vergennes, that he may be assured, that no demand will be made for any sums whatever, beyond that sum, which has just been determined upon.
I have the honor to be, &c.
LUZERNE.
TO GEORGE WASHINGTON.
Translation.
Philadelphia, March 15th, 1783.
Sir,
Your Excellency will doubtless receive directly, a state of affairs in Europe. I thought, however, that it would be interesting to inform you of some particulars, which I am ordered not to make public, but which will also be communicated to Congress. The British Minister has hastened to conclude an eventual treaty of peace with the United States, and to grant them in the utmost extent every advantage they could desire. The malevolence with which that power has carried on the war in America, did not forebode this extreme facility in them, and it has been an agreeable surprise to the belligerent powers, and you will easily judge, Sir, that our satisfaction has been complete, and in seeing the great obstacle to peace put, as it were, on one side.
We think we may hope, that the epochs of a general peace is not far distant. However, the English, though disposed to come to a conclusion with the Courts of Versailles and Madrid, seem much more difficult in the negotiation carrying on with the States-General. But the King, who through the whole of this war, has refused to conclude a peace without obtaining for his allies a just and reasonable satisfaction, persists in these sentiments, and he doubts not that the United States will on their part fulfil their engagements by continuing the war till a definitive treaty is concluded, and thereby entirely disconcert the projects of the English, who flatter themselves, that by means of the eventual treaty, which they have concluded, they will be able to establish on the Continent a suspension of hostilities equal to a truce, written and signed.
It is possible, that the firmness and resolution of his Majesty will determine England to make those restitutions, to which she shows so much repugnance; but it is also possible, that the war will continue another year, and to put the United States in a situation to continue the war with vigor, his Majesty has lent them six millions of livres; six hundred thousand livres are arrived in the Washington, but I have learnt with much pain that Mr Morris has, through want of means, been forced to anticipate the pecuniary succors he hoped to receive, so that the six millions is not so considerable a help as was to have been desired.
It remains to examine in what manner we can disturb and shut up the enemy during the next campaign. I shall not take the liberty to sound your Excellency on these points, but I beg you to permit me to say, that it will be serving the common cause essentially to stop those excessive exportations of subsistence to New York, and in case of an evacuation of that place, to prevent them as much as possible from procuring subsistence from hence to carry on the campaign in the West Indies.
The Duc de Lauzun will confer with you on these points on his return from the eastward, and I beg you, Sir, to consider with him how to make the legion early useful; it may be very usefully employed in the service above mentioned, and the Duke will be happy to act in any manner your Excellency may wish.
In all cases, it cannot but be of service to hold ourselves in a hostile position. If the negotiations produce the happy effects we wish, I will lose no time in informing you, and knowing your humane disposition, I think I never shall announce to you a more agreeable event than a general peace, honorable and safe to the allies. You are convinced how sincerely the King wishes it, and the sacrifices he has made to obtain it will prove this.
If the treaty has been communicated to you, Sir, you will have seen that the King of England has reserved to himself the liberty to conclude, or not to conclude, the treaty of peace with America, so that the act signed the 30th of November by the respective Commissioners, is merely conditional and eventual.
I have the honor to be, &c.
LUZERNE.
[13] In Congress, November 7th, 1782. "On the report of a committee, to whom were referred the letter of the 19th of August from the Commander in Chief, the report of a committee thereon, and also another of the 25th of October from the Commander in Chief, with the copy of a letter to him from the Count de Vergennes, dated the 29th of July last, interceding for Captain Asgill;
It is with much pleasure, that I now have the honor to enclose you the resolution of Congress in favor of Captain Asgill.[13] I am well persuaded, that your justice and humanity will induce you to prevent in future the excesses, that gave rise to this disagreeable affair.
[14] See other letters respecting Captain Asgill's case, above, pp. 105, 107, 128, 129, 133, 135.
GEORGE WASHINGTON TO CAPTAIN ASGILL.[14]
I have received the letter your Excellency did me the honor to write me on the 10th instant, with the amount of expenses incurred by the expresses, which formed the communication with the Marquis de Vaudreuil. The treasurer of our army will pay to your Quarter Master General the five hundred and thirtyseven dollars he has been so kind as to advance for that purpose. I beg also, that you will please to send me the amount of expenses incurred in procuring the intelligence from New York, and that you will accept my thanks for the trouble you have had in these details.
[15] See the proceedings of Congress here alluded to in the Secret Journal, Vol. III. p. 106.
The undersigned Minister Plenipotentiary of France has the honor of informing Congress, that his Majesty has received, with the most lively sensibility, the proofs of the measures taken by them on the birth of the Dauphin.[15] The King has ordered the Chevalier de la Luzerne to assure this Assembly, that they could not have manifested their attachment to him, on an occasion more dear to him, and that this circumstance will, if possible, add new force to his affection for the United States, as well as to his wish to establish their happiness upon a permanent foundation.
[16] In Congress, January 3d, 1783. "On report of the Secretary of Foreign Affairs, to whom was referred the foregoing note,
The communications made to the Secretary of the Department of Foreign Affairs, encourage the presumption, that conduct, as prudent and advantageous as it is just and wise, will soon bring the allies to a happy conclusion of the present war. The British Minister showed a peaceable disposition; he had reasonable fears respecting the fate of several naval operations, which, on the contrary, have had a result much more favorable than the Court of London seemed to expect. Possibly these unexpected successes may change his disposition for peace, and on that supposition, the undersigned Minister thinks, that it will be wise in the United States not to relax their efforts and their preparations for the ensuing campaign. Congress may be assured, that his Majesty will, on his part, hold himself in readiness to carry it on with vigor, and that he will apply all his resources to that object.[16]
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, March 18th, 1783.
Sir,
I have the honor of sending you a copy of a letter, which I have written to Mr Robert Morris. I shall soon have the honor of communicating to you some news, which I have just received from France by the packet boat Washington.
I have the honor to be, &c.
LUZERNE.
GEORGE WASHINGTON TO M. DE LA LUZERNE.
Head Quarters, March 19th, 1783.
Sir,
I am exceedingly obliged to your Excellency for your communication of the 15th. The Articles of the treaty between America and Great Britain, as they stand in connexion with a general pacification, are so very inconclusive, that I am fully in sentiment with your Excellency, that we should hold ourselves in a hostile position, prepared for either alternative, peace or war.
I shall confer with the Duc de la Lauzun on the objects you are pleased to mention; and as I have ever viewed the practice of the States in supplying the enemy in New York with the means of subsistence, as a very pernicious one in its tendency, both to ourselves and to our allies, you may depend upon me to exert every measure in my power to prevent it.
I am at all times happy in receiving any intelligence from your Excellency, and should it be in your power to announce a general peace, you cannot make a more pleasing communication to me.
Persuaded of the pure and benevolent intentions, which animate the breast of his Most Christian Majesty, I am assured, if that happy event should not result from the present negotiations, that the failure will not rest on his part.
I have the honor to be, &c.
GEORGE WASHINGTON.
MINUTES OF A VERBAL COMMUNICATION FROM THE MINISTER OF FRANCE.
Office of Foreign Affairs, March 22d, 1783.
The Minister of France, waiting upon Mr Livingston at 12 o'clock agreeable to appointment, communicated to him a letter from the Count de Vergennes, dated the 19th of November.
This was wholly confined to matters of finance, and contained in substance nothing more than Congress have already seen in the letter, written by the Minister of France to Mr Morris. He then read to Mr Livingston a letter of the 22d of November, which related to the satisfaction the King, his master, had received in the testimony the United States had given of their friendship, in presenting to him the ship America. The substance of this letter has been inserted in the note sent to Congress the 28th instant.
The Minister also read to Mr Livingston, a letter of the 19th of December, from the Count de Vergennes, in which he informs him, that their treaty was not so forward as that of the Americans. Though if his Majesty had wished it, he could have signed before the American Plenipotentiaries, as no essential difference existed between France and Great Britain. But that the King's delicacy induced him to wish, that all his allies should be first satisfied, and he had accordingly resolved to continue the war, whatever advantages might be offered him, if Great Britain should bear hard upon any of them. That it still remained to reconcile the interest of Spain, and those of Holland. That he had reason to believe with relation to the first, that they would soon be fully settled. That the foundation was already laid, and that nothing now remained but to settle forms. That he was of opinion, that it was for the interest of the United States to facilitate a connexion with this power, which will be their neighbor.
That it would become the wisdom of Congress to discover moderation with respect to them. That he is persuaded England will see with pleasure, divisions introduced between the United States and the Court of Madrid, and that it is probable, that they will even endeavor to animate them one against the other. That British emissaries have been employed to inspire Spain with apprehensions as to the ambitious views of America. But they will now avail themselves of this intimacy with the American Ministers, to render them suspicious of Spain, and even to excite their resentments against her. Congress will defeat this design by removing the difficulties, which now oppose themselves to a union with his Catholic Majesty. That the King wishes so much to see his allies enjoy a solid and durable peace, that in exciting the Americans on one side to discover a more conciliatory spirit, he will spare nothing on the other to remove the difficulties, which may be raised by the Court of Spain. That he apprehends delays and embarrassments from Holland. That the British Administration appear very unfavorable to them.
The Minister of France then read to Mr Livingston another letter from the Count de Vergennes, of the 20th of December, 1782, which contained in substance; that peace was not yet concluded; that it was anxiously desired by the King. That his Majesty's obligations to his allies had not yet permitted him to pronounce with certainty as to the termination of the war. That expecting peace, prudence required, that the allies should act as if the war was to continue. That Congress will judge of the manner in which they can most effectually contribute to distress the common enemy. That in the present state of things it would not be prudent to invite the Americans to form any direct enterprise against the common enemy. That the Provisional Articles would, when executed, at the general peace, put New York into the hands of the Americans, and that Congress could judge better than they could what part it would be expedient for them to take in the then state of things. That proposing nothing they leave everything to their discretion. That the Minister should however inform them, that he could not yet determine whether they were at the eve of the war or if another campaign must be opened. That in the latter case there were two essential objects, on which the Minister of France should impart to Congress the opinion of his Court, and the desires of his Majesty.
That though if their towns were evacuated the Americans could not take an active part, yet they can compel the enemy to wish for peace, by excluding them from all connexion with them and prohibiting under very severe penalties, the consumption or importation of British manufactures. That a considerable party among the British wish to form commercial connexion with the United States. That when they shall be convinced, that they can reap no benefit therefrom, but by a solid definitive peace, conformable to the treaty already agreed upon, they will become more tractable, and conclude the definitive treaty, which will give force and vigor to the provisional articles, and set the seal to the independence of America. That it would also be proper to state to Congress the necessity of providing means to prevent the sending provisions into New York, by which the British armaments are amply supplied with fresh provisions of every kind.
That the King persuades himself, that the Legislatures of the respective States will concur in measures for this salutary purpose, when they shall be informed of the injury occasioned to their ally by the want of the necessary precautions on this subject. That these precautions will not be unnecessary if the enemy are about to abandon New York, without which the enemy will carry with them the means of supplying the places to which they transport their troops.
That he persuades himself, that Congress will perceive, that they are indebted to the harmony, that has subsisted between the King and them for the present happy state of their affairs. But that nothing being yet concluded, the present moment is precisely that in which it is of most importance to preserve the same system.
ROBERT R. LIVINGSTON.
GEORGE WASHINGTON TO M. DE LA LUZERNE.
Head Quarters, March 29th, 1783.
Sir,
The news of a general peace, which your Excellency has been so good as to announce to me, has filled my mind with inexpressible satisfaction; and permit me to add, that the joy I feel on this great event is doubly enhanced, by the very obliging manner in which you have been pleased to express your congratulations to me and the army on this happy occasion.
The part your Excellency has acted in the cause of America, and the great and benevolent share you have taken in the establishment of her independence, are deeply impressed on my mind, and will not be effaced from my remembrance, or that of the citizens of America, but with the latest effects of time. You will accept, Sir, my warmest acknowledgements and congratulations, with assurances that I shall always participate, with the highest pleasure, in every event which may contribute to your happiness and satisfaction.
The articles of a general treaty do not appear so favorable to France, in point of territorial acquisitions, as they do to the other powers; but the magnanimous and disinterested scale of action, which that great nation has exhibited to the world during this war, and at the conclusion of peace, will insure to the King and nation that reputation, which will be of more consequence to them, than every other consideration.
Mrs Washington begs your Excellency to accept her sincerest thanks for the joy you have communicated to her, and to receive a return of her congratulations on this most happy of all events.
I have the honor to be, &c.
GEORGE WASHINGTON.
TO GEORGE WASHINGTON.
Translation.
Philadelphia, April 10th, 1783.
Sir,
I have to inform your Excellency, that I have just received instructions from the Minister, that in consequence of the peace, the French troops actually here, are to be sent to France without delay. If you see no cause to defer it, I shall accordingly take immediate measures for their departure. I impatiently wait the arrival of the Duc de Lauzun to give the necessary orders, as no definitive arrangements can be made in his absence.
I have the honor to be, &c.
LUZERNE.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, April 29th, 1783.
Sir,
I wrote sometime ago to General Washington to know whether he thought proper, that the legion of Lauzun, and the other detachments of the army of Rochambeau, should leave this continent, in order to return to France. According to his answer, dated the 23d inst. he entirely approves this measure; consequently I beg you will have the kindness to inform Congress that the departure will take place immediately.
Permit me to embrace this opportunity of assuring you, in concert with the Duc de Lauzun, that the officers and soldiers of this army will always recollect with pleasure the three years which they passed in this continent, the union which has existed between the two nations, and the hospitality with which they have been treated by the inhabitants.
I have the honor to be, &c.
LUZERNE.
GEORGE WASHINGTON TO M. DE LA LUZERNE.
Head Quarters, May 13th, 1783.
Sir,
We are making some preparations in the army for a display of our joy on the happy event of a general peace. The exhibition will be delayed till the arrival of the definitive treaty. If your Excellency can make it convenient to honor us with your company on the occasion, it will be a great addition to our happiness.
I take the liberty to put under cover to your Excellency, several letters, which I wish to convey to some gentlemen of your army, late in America. If the Duc de Lauzun should have sailed before their arrival, I shall be much obliged by your care of their conveyance by some other good opportunity.
With great regard and respect,
GEORGE WASHINGTON.
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, May 19th, 1783.
Sir,
I have received the letter, with which you honored me on the 4th of this month, and the Memorial of Mr Durham, which accompanied it. I cannot form any opinion upon such a statement, and I shall be unable to know whether the complaints are just, before I learn the motives of the conduct, which he professes to have observed on his part. I have the honor of sending you a letter for the Marquis de Bouillé, in relation to this affair, and I entreat you to have the kindness to send it to that individual, who will take care to send it to the commander.
You have been informed, Sir, of the affair of Mr Gillon, or rather of the many affairs, which have been the subject of controversy between him and the subjects of the King. You will find a statement of it in a Memorial which I annex, requesting you to be pleased to return it when read; I have addressed it to the State of South Carolina; I request you to be pleased to read the resolutions taken in consequence of it by the Assembly of that State, and the annexed copies of which you may keep. I have also the honor of sending you, Sir, some new demands against that officer, which I have lately received. I shall make no reflection respecting the resolutions of Carolina; but I entreat you to be pleased to point out the most proper course for obtaining justice, and to inform me whether it would seem to you proper, that I should lay this matter before Congress.
I have the honor to be, &c.
LUZERNE.
COUNT DE VERGENNES TO M. DE LAFAYETTE.
Translation.
Versailles, June 29th, 1783.
Sir,
I have received the letter, which you did me the honor to write on the 17th of this month. You desire to know what is meant by free port.
By this term, Sir, we mean a place to which all merchandises, as well foreign as domestic, may be imported, and from which they may be freely exported. You will judge, Sir, by this definition, that all the merchandises of the north, without exception, may be imported into L'Orient, and exported from it by the Americans. In a word, L'Orient will be reputed foreign with regard to France, as far as it respects commerce. The prohibitions and duties upon foreign merchandises will take effect only in case any person desires to introduce into the interior parts of the realm the merchandises subjected to the one or the other.
I have the honor to be, &c.
DE VERGENNES.
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, September 17th, 1783.
Sir,
The undersigned Minister Plenipotentiary has the honor of communicating to Congress an extract from a letter of the Count de Vergennes, and a copy of a contract between the King and the Thirteen United States. He requests Congress to be pleased to send the ratification of it to their Minister at his Majesty's Court, in order that he may settle this business with the Count de Vergennes.
The undersigned received the papers, of which a copy is annexed, nearly four months ago. He had received orders, at the same time, to inform his Court of the measures, which the United States might have taken, for the accomplishment of the different articles of the contract of the 16th of July, of last year. The undersigned has deferred till this time, the communications in question, in the hope that circumstances might become more favorable. As the peace has made these stipulations, which were only eventual, executory, he can refrain no longer from requesting Congress to acquaint him with the arrangements which may have been made by the United States, or those which they propose to make, for the execution of the contract of the 16th of July, of last year, as well as with those to be made for the execution of the contract, of which a copy is annexed.
LUZERNE.
COUNT DE VERGENNES TO M. DE LA LUZERNE.
(Annexed to the note, sent on the 17th of September, 1783.)
Translation.
Versailles, March 10th, 1783.
Sir,
Dr Franklin, in the month of February last, communicated to me different decrees of the Congress of the United States of North America, passed on the 14th and 23d of September, and several letters from Messrs Morris and Livingston, which not only authorised that Minister, but even expressly ordered him to negotiate in Europe a loan of four millions of dollars, amounting to about twenty millions of livres tournois, for the service of the United States during the present year, and under their warranty. It was at the same time enjoined on Dr Franklin, earnestly to solicit the continuance of the favors of the King, in the crisis in which Congress was then placed.
In the enumeration of the motives, which the Superintendent of the finances alleged, in order to obtain a new loan of money from his Majesty, he did not deny, that the Minister of France might assign good reasons for declining to comply with this request, but he added, that, as it was the last of this kind, which Congress would have occasion to make, he hoped that it would not be rejected.
Dr Franklin, on his part, in obedience to the orders of Congress, implored, in favor of the United States, the assistance of the King, and added to the reasons previously given, that, without this assistance the continental army could no longer be kept together, nor disbanded without danger.
After having conferred on this subject with M. Joly de Fleury, I made a report upon it to the King. I informed his Majesty of the embarrassments of Congress, and of their inability to provide for their necessities by means of taxes, which the imperfections or the weakness of a rising Administration did not permit them to levy. The King had already, by great sacrifices, fulfilled in their behalf, the duties of a most tender father, during the continuance of their moral infancy. Since the nation reached the period of maturity, consecrated by its emancipation and political independence, it seemed that it ought to be sufficient for itself, and not to require new efforts of the generosity of its ally; but without being prevented by these considerations, the King, faithful to his attachment to the United States, was pleased, under these circumstances, to give a new proof of it, and notwithstanding the difficulties, which his Majesty experienced in his own finances, he determined, according to my report of the 20th of December last, to grant to Congress a new loan of six millions of livres tournois, for the service of the United States, during the course of the present year. He also authorised the advancing of a sum of money previously granted, which Dr Franklin earnestly solicited. I informed that Minister of it, who, in his answer of January 25th, gratefully accepted these new favors in the name of the United States. I informed him, moreover, that they could not be increased, and that his Majesty would in no case be a guarantee for other loans, which he might procure in Holland or elsewhere.
I have thought proper to enter into these details with you, Sir, in order that you may be able to communicate them to Congress, and that that body may be informed by you of the last financial arrangements, which his Majesty has been pleased to decide upon, in favor of the United States. I have since concerted with Dr Franklin, those measures, which were necessary for fixing the conditions and the terms of payment of the loan of six millions of livres, of which I have been speaking. They were stipulated in a contract made on the 25th of February last, which we signed by virtue of our respective full powers, as we had done with regard to preceding advances, by a contract previously made on the 16th of July, of last year, of which I informed you at the time, and of which we are now expecting the ratification on the part of Congress. Although I do not doubt that Dr Franklin has transmitted this new act to Congress, I have still thought it proper to send the annexed copy of it to you.
By the first article, you will see, Sir, that the King lends Congress the sum of six millions of livres, payable at the rate of five hundred thousand livres in each of the twelve months of the current year, on condition of the repayment of the capital with interest at five per cent per annum.
The second article recapitulates and verifies the preceding aids furnished by his Majesty, and divides them into three distinct classes. The first consisting of the sums loaned, amounting to eighteen millions of livres. The second, of a fund of ten millions, arising from a loan obtained in Holland for the service of the United States, and guaranteed by his Majesty. The third, of subsidies, gratuitously furnished, amounting to nine millions of livres, the gift of which to the United States is confirmed by his Majesty.
The third Article fixes the repayment to the royal treasury, of the new loan of six millions, with the interest thereon, at six periods, fixed at the times most convenient for the financial operations of Congress.
By the fourth Article, it has been agreed, that the interest on the last loan of six millions, shall not commence till the 1st of January, 1784. The King being pleased to give and remit to Congress the partial interest on the capital for the present year.
The fifth and sixth Articles contain stipulations of usage and form.
All attesting the sentiments of affection entertained by the King for the United States, and his tender anxiety to contribute to their prosperity.
I desire you, Sir, to assure Congress, that these sentiments are deeply engraven on the heart of the King, that his Council feel them no less deeply; and that his Majesty will never cease to take the most lively interest in the welfare of the United States, his allies.
You will be pleased to inform me of the reception of this letter, and of the annexed paper.
I have the honor to be, &c.
DE VERGENNES.
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, November 2d, 1783.
Sir,
I have received the letter, which your Excellency did me the honor to write to me on the 27th ultimo, and the resolutions of Congress, which were annexed to it, and which express the sentiments of Congress with relation to the dispositions of his Majesty, and the other belligerent powers, not to sign the definitive treaty, except in concert with the United States. It appeared by the last news received, that this conduct has produced the desired effect, and that it has in fine, been followed by a general peace.
The United States may be assured, that his Majesty will adopt with pleasure all commercial arrangements, which may be advantageous to them, and which will not be prejudicial to his subjects. I also know, that it is his Majesty's intention, that the United States should enjoy, in the ports of his kingdom, not only all the advantages, which they enjoyed before their independence, but even some favors, which have not heretofore been granted to them.
I have the honor to be, &c.
LUZERNE.
TO GEORGE WASHINGTON.
Translation.
Philadelphia, November 21st, 1783.
Sir,
I have received the letter your Excellency did me the honor to write me by Messrs Villefranche and Rochefontaine, the testimony you have been pleased to give in favor of these two officers will have the greatest weight with those persons who can contribute to their advancement, and it gives me the greatest pleasure to receive these testimonies, from Congress and from your Excellency, of the satisfaction the French officers have given in the service of the United States.
I beg your Excellency to receive my sincere congratulations upon the evacuation of New York; this grand event completes your glory. I hope to be at New York the 28th of this month, to be witness of the rejoicings you have ordered, and to renew to you the assurances of attachment, with which I have the honor to be, &c.
LUZERNE.
M. DE CALONNE TO M. DE LAFAYETTE.
Translation.
Versailles, January 9th, 1784.
Sir,
I have communicated to the King the observations contained in the memoir, which you transmitted to me relative to the commerce of America, and those, which you made at our last conference.
I am authorised to announce to you, that it is the intention of his Majesty, to grant to the United States the ports of L'Orient and Bayonne as free ports; and besides these, that of Dunkirk and that of Marseilles, the first of which enjoys absolute freedom, and the other is restrained in the exercise of that freedom only with regard to tobacco, which is there subjected to a duty. The Americans may from this moment send their vessels to those four ports, where they will not meet with any kind of difficulty.
You may, if necessary, explain what is meant by free ports, agreeably to the signification thereof given by M. de Vergennes, in his letter of the 29th of June last.[17] The Americans will find, above all at Dunkirk, all the facilities they can desire for the sale of their leaf tobacco, their rice, their timber, and other merchandise, as well as for the purchase of what they want; such as linens, woollens, brandy, &c. It is proposed to establish stores and magazines there, which shall be well supplied, on terms very advantageous for their commerce.
I have given orders to the Farmers-General to treat in preference, and at a reasonable price, for the purchase of the tobaccoes of North America. And, moreover, the United States will be as much favored in France, in matters of commerce, as any other nation. The complaints, which they may make to you, or which Dr Franklin and the other American Ministers, whom I should be very glad to see, may transmit to me on their behalf, shall be examined with great attention; and government will not suffer them to experience any kind of vexations. Every possible precaution will also be taken to prevent the sending out bad merchandise, which if it has hitherto taken place, can only be attributed to the avarice of some merchants of the lowest order.
I am going immediately to examine what relates to the customs and duties, which hurt commerce. This is an important subject, and requires great attention. In fine, Sir, you may rely, that I shall be always disposed, as well as the Marshal de Castries, and the Count de Vergennes, to receive and listen with attention to the demands and further representations, which you shall think proper to make in favor of the commerce of America.
I have the honor to be, &c.
DE CALONNE.
P. S. The ports of Bayonne and L'Orient will be made similar to that of Dunkirk with regard to entire freedom.
FOOTNOTES:
[17] See above, p. 170.
TO THE PRESIDENT OF CONGRESS.
Translation.
Annapolis, January 29th, 1784.
Sir,
I have the last year presented to Congress several notes, respecting which no answer has been given me. I have reason to believe, however, that it has taken resolutions on many of these notes. Not to importune Congress by reiterations, I pray you to be pleased to inform me of what has passed on this subject, and especially with regard to the ratification of the contract entered into between the King and the United States, for the various loans, which his Majesty has made them, and concerning the measures taken for the payment of the interest on the sums lent to the United States by his Majesty, or for which he has become responsible.
I have the honor to be, &c.
LUZERNE.
TO THE PRESIDENT OF CONGRESS.
Translation.
Annapolis, January 30th, 1784.
Sir,
The undersigned, Minister Plenipotentiary of France, has the honor to inform Congress, that his Majesty desiring to favor the progress of commerce between his kingdom and the United States, has appointed four Consuls and five Vice Consuls, to reside in those cities of this continent, where he has judged that the presence of these officers would be useful to his commercial and sea-faring subjects. He has also appointed a Consul-General, whose duty shall be more particularly to attend to the general objects of commerce. M. de Marbois has been appointed to fill this office. His Majesty hopes, that this choice will be the more agreeable to Congress, as he has resided many years in America, and especially as he has the honor of being known to that body. The new distribution, which has just been made of Consulates and Vice Consulates requiring a particular attention, the undersigned desires Congress to be pleased to appoint a committee, empowered to treat with M. de Marbois on every subject relative to the recognition of the character of these new officers.
LUZERNE.
TO THE PRESIDENT OF CONGRESS.
Translation.
Annapolis, February 18th, 1784.
Sir,
The undersigned, Minister Plenipotentiary of France, has the honor to inform Congress, that the family of the Sieur de la Radière, who died about four years ago, in the service of the United States, is desirous of receiving the benefits, which Congress grants to the other heirs of the officers, who have served in the armies of the United States. The Sieur de la Radière was attached to the corps of engineers. The undersigned begs Congress to enable him to give an answer to the family of this officer, as well as to those who may be in the same situation.
LUZERNE.
TO THE PRESIDENT OF CONGRESS.
Translation.
Annapolis, April 6th, 1784.
Sir,
The undersigned, Minister of France, has the honor to inform Congress, that the portraits of the King and Queen have arrived at Philadelphia, and that he has orders to present them to that body.
The undersigned Minister has had the honor to transmit to his Excellency, the President, his Majesty's letter, in answer to that of the 14th of June, 1779, in which Congress have expressed their desire to have the portraits of their Majesties. This letter expresses to Congress the pleasure, with which the King gives the United States this testimony of his affection and friendship for them. The undersigned has made the necessary arrangements for the safe keeping of these two portraits, until Congress can receive them.
LUZERNE.
TO THE PRESIDENT OF CONGRESS.
Translation.
Annapolis, April 9th, 1784.
Sir,
I have the honor to communicate to your Excellency an extract from a letter, which I received from Count de Vergennes, dated the 24th of December last.
I received orders at the same time to inform his Majesty's Minister of the measures, which have been taken by the United States, relative to the payment of portions of the principal, and of the interest of the sums, which have been loaned them by the King. I make mention, Sir, of portions of the capital, because, by the terms of the contract of the 16th of July, 1784, the reimbursement of the first loan of eight millions is to begin three years after the peace, and it is expedient to take seasonable measures with regard to this subject.
I am also to inform my Court of the arrangements, which have been made for the payment of interest on the loan of five millions of florins, made in Holland, the 5th of November, 1781, and for which his Majesty became guarantee. I know the efforts of Congress to effect the discharge of the public debt, and their wish to fulfil their engagements; and I consider it superfluous to recall to your Excellency all the motives, which combine to induce the United States to fulfil faithfully those, which they have contracted with the King. I confine myself to desiring you to enable me to dissipate the uneasiness, which may have been excited at my Court, by the delay in proceeding to raise funds to effect the payment of this debt.
I am with respect, Sir, &c.
LUZERNE.
COUNT DE VERGENNES TO M. DE LA LUZERNE.
Translation.
Versailles, December 24th, 1783.
Sir,
His Majesty has decided irrevocably, that the port of L'Orient shall be free, and American sailors may actually consider it so. The edict of the King has not yet been published, however, because his Majesty's intention being to give this arrangement as wide an extent as possible, the regulations should be drawn up after a careful deliberation, and conceived in such terms, that the advantages allowed to the merchants of the United States, may not be essentially prejudicial to our own commerce, and the revenues of the State.
The merchants of the United States enjoy equally the liberty of frequenting the ports of Marseilles and Dunkirk, and they partake, like other nations, in the immunities and privileges of these two places.
DE VERGENNES.
CONGRESS TO THE KING OF FRANCE.
The United States in Congress assembled to their Great, Faithful, and Beloved Friend and Ally, Louis the Sixteenth, King of France and Navarre.
Great, Faithful, and Beloved Friend and Ally,
Your Majesty's letter of the 13th of August last, has been received by the United States in Congress assembled, with a degree of satisfaction and pleasure, which those only can conceive, who, to the highest sentiments of respect, unite feelings of the most affectionate friendship.
The portraits of your Majesty and of your royal consort having arrived at Philadelphia, have been carefully preserved by your faithful Minister, the Chevalier de la Luzerne, whose attention on this, as on all other occasions, merits the acknowledgements of Congress.
These lively representations of our august and most beloved friends will be placed in our council chamber; and can never fail of exciting in the mind of every American, an admiration of the distinguished virtues and accomplishments of the royal originals.
We beseech the Supreme Ruler of the universe constantly to keep your Majesty and your royal consort in his holy protection, and to render the blessings of your administration as extensive as the objects of your Majesty's benevolent principles.
Done at Annapolis, in the State of Maryland, this 16th day of April, 1784, by the United States in Congress assembled.
Your faithful Friends and Allies,
THOMAS MIFFLIN, President.
TO THE PRESIDENT OF CONGRESS.
Office of Finance, April 16th, 1784.
Sir,
I do myself the honor to enclose to Congress the duplicate of a letter from the Marquis de Lafayette, dated the 26th of December, together with the copy of his letter of the 18th of June last, to the Count de Vergennes; the Count's answer of the 29th of the same month; a letter to him from M. de Calonne of the 18th, and another of the 25th of December, all which were enclosed in that duplicate to me, as were also the observations on the commerce between France and the United States, which I have also the honor of transmitting. With respect to this paper, I must pray leave to refer Congress to the caution contained in the letter to me, and pray their compliance with his intention. The masterly manner in which the Marquis has treated a subject, certainly foreign to his former habits and views, merits great applause, and will I doubt not, procure that approbation from Congress, which will be to him a grateful reward for his zealous and dexterous exertions to promote the interests of America.[18]
I pray leave also to submit to Congress the enclosed extract from another letter of the Marquis de Lafayette, of the 10th of January, together with the copy of M. de la Calonne's letter therein mentioned. This last, which shows the labors of that young nobleman to have been crowned with the wished for success, will I doubt not be pleasing to Congress, as it is certainly very interesting to the commerce of the United States.
I have the honor to be, &c.
ROBERT MORRIS.
FOOTNOTES:
[18] This paper on commerce, as well as the letters above referred to, are missing.
TO THE PRESIDENT OF CONGRESS.
Translation.
Annapolis, April 21st, 1784.
Sir,
In the course of last summer I requested leave of his Majesty to return to France. By letters from my friends, I am informed that it is granted; but the loss of the packet, which conveyed the Minister's letter, lays me under the necessity of writing again on that subject. I should have waited his answer before I took leave of Congress, had I not reason to believe, that it will not reach me till their recess.
I cannot however depart, without entreating your Excellency to communicate to them my warm acknowledgements for the manner, in which they have treated with me during my mission, which has lasted near five years. I have had the satisfaction of agreeing with Congress on all the subjects, which I have had the honor of negotiating with them; and I owe my success to the good fortune I had of being the Representative of a just and generous Monarch, to a wise and virtuous Republic. I shall ever retain a grateful remembrance of this, and shall always consider the time I have spent on this continent, as the most honorable period of my life. My satisfaction would be complete, were it not accompanied with regret, at parting from a Senate composed of members, on whose friendship I flatter myself I have a just claim, by an intimate acquaintance of several years. Your Excellency permits me to rank you among those who honor me with their friendship; and I am persuaded, that the expression of my attachment and respect for Congress will lose nothing of its force, if you will be pleased to convey it.
The letters, by which I have received advice of my having obtained leave to return, inform me also, that M. de Marbois will be his Majesty's Chargé d'Affaires with the United States. His zeal, and his attachment for the cause, which unites France and America, are well known to Congress, and I have not the least doubt, but his Majesty's choice will be agreeable to that assembly.
I am, Sir, with great respect, &c.
LUZERNE.
[17] See above, p. 170.
You may, if necessary, explain what is meant by free ports, agreeably to the signification thereof given by M. de Vergennes, in his letter of the 29th of June last.[17] The Americans will find, above all at Dunkirk, all the facilities they can desire for the sale of their leaf tobacco, their rice, their timber, and other merchandise, as well as for the purchase of what they want; such as linens, woollens, brandy, &c. It is proposed to establish stores and magazines there, which shall be well supplied, on terms very advantageous for their commerce.
[18] This paper on commerce, as well as the letters above referred to, are missing.
I do myself the honor to enclose to Congress the duplicate of a letter from the Marquis de Lafayette, dated the 26th of December, together with the copy of his letter of the 18th of June last, to the Count de Vergennes; the Count's answer of the 29th of the same month; a letter to him from M. de Calonne of the 18th, and another of the 25th of December, all which were enclosed in that duplicate to me, as were also the observations on the commerce between France and the United States, which I have also the honor of transmitting. With respect to this paper, I must pray leave to refer Congress to the caution contained in the letter to me, and pray their compliance with his intention. The masterly manner in which the Marquis has treated a subject, certainly foreign to his former habits and views, merits great applause, and will I doubt not, procure that approbation from Congress, which will be to him a grateful reward for his zealous and dexterous exertions to promote the interests of America.[18]
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, April 28th, 1784.
Sir,
You will see by the subjoined letter of Mr Pierce, the situation of the Baron de Kalb with regard to the United States, at the time when he was killed at Camden. The continental money which he had received must have been employed in subsisting the body of troops under his command; or, if any part of these funds remained in his hands, it must have been plundered and taken by the enemy, with all the baggage of this General.
I think, then, that Congress will be pleased to take these circumstances into consideration, and excuse the heirs of the Baron de Kalb from producing vouchers, which circumstances do not allow them to procure. I pray your Excellency to be pleased, also to induce Congress to determine whether the resolutions of the 15th of May, 1778, and the 24th of August, 1780, extend to the widow and orphans of the Baron de Kalb.
A difficulty has also arisen with regard to M. de Fleury, Lieutenant Colonel, and it can be removed only by a resolution, which I request your Excellency to solicit from the goodness of Congress in favor of this officer. He did not quit the American army without leave granted, and Congress, in consideration of his services and good conduct, has been pleased to consider him as always being attached to the American army. It seems, then, right to ask, that he should enjoy the same advantages as the other officers, and the rather, that he was attached to the French army, which served on this continent. General Lincoln, in 1782, did not place him on the list of officers retained in the service; but this omission ought not to be prejudicial to the prior resolutions of Congress. He was, at this very time, detached to the Roanoke, with the troops of the French division, that he might support General Greene, in case the latter were attacked. Thus, ignorant of what was passing in Congress, as well as in the War Department, it was impossible for him to make any representations on this subject. He was born without fortune, and if he did not, like the other officers, enjoy his pay to the 3d of November, 1783, his affairs would be found rather involved than meliorated by his residence in this continent. The payments, which Mr Morris has been authorised to make, have been claimed for the years 1782 and 1783; and M. de Fleury would be found excluded, unless the justice of Congress should allow him the same treatment, which the other officers receive, and the advantages of the commutation. The third resolution of Congress of December 31st, 1781, seems to protect the rights of M. de Fleury, and authorise the demand, which I pray you to present to Congress in his favor.
The different articles subjoined will enable Congress to judge of the justice of the demands, concerning which I beg you, Sir, to inform me of the intentions of that body.[19]
I have the honor to be, &c.
LUZERNE.
FOOTNOTES:
[19] The following is the statement of Baron de Kalb's account. Mr Pierce's letter is missing.
Office of Accounts, April 19th, 1784.
Sir,
I have examined sundry papers relative to the claim of the Baroness de Kalb, for the pay of her husband, (the late Baron de Kalb, deceased) as a Major General in the service of the United States of America, and find,
That from the 31st of July, 1777, the date of his appointment, to the 19th of August, 1780, the day of his death, being thirtysix months and twenty days, his pay, at $166
2/
3per month, amounts to
$6,111 10–90
That per certificate of John Pierce, Paymaster General, it appears he received sundry sums, in money of the old emissions, on account of his pay, which are extended to his debit in specie, by the Massachusetts scale, as follows, viz.
1778, February,
830 dollars, at
464 per cent
$178 79–90
" May,
664 " "
580 " "
114 43–90
" October,
664 " "
690 " "
96 21–90
1779, January,
664 " "
834 " "
79 55–90
" May,
664 " "
1414 " "
46 86–90
" September,
664 " "
1695 " "
39 15–90
1780, November,
664 " "
2387 " "
27 73–90
That said certificate also includes a charge for $2000 old emissions, advanced him in August, 1777, which at 238 per cent are equal to
840 30–90
That he is also chargeable with the following sums, viz.
Received from Silas Deane, in France, on the 22d of November, 1776, as appears per receipt annexed to his agreement with said Deane, 6000 livres, at 5 livres and 5 sols per dollar, are equal to
1,142 79–90
Six thousand livres paid him in bills of exchange, agreeable to a resolve of Congress of September 14, 1777, at 5 livres 8 sols per dollar, equal to
1,171 10–90
That on this account, there appears a balance of two thousand four hundred and thirtythree dollars and 61–90 due to the estate of the Baron de Kalb
2,433 61–90
$6,111 10–90
Exclusive of the sums carried to the Baron's debit in the foregoing state, he is charged in the Paymaster General's books with the following, in old emissions, viz.
November 17th, 1777. Fifty dollars paid for transporting his baggage. If he was in actual service at the time, and in such a situation as rendered extra means necessary for this purpose, I am of opinion that he ought not to be charged with this sum.
May, 1780. Two hundred and twentysix thousand dollars, said to be for the purpose of defraying the expenses of the Maryland line, on their march to the southward, or for defraying the deficiencies of clothing due to the Maryland line. To oppose to this charge there is nothing yet produced. I therefore submit to consideration, the propriety of admitting to the credit of his estate the balance, which appeals due on account of his pay, as per the foregoing adjustment.
WILLIAM RAMSEY, Clerk of Accounts.
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, May 6th, 1784.
Sir,
The King having as yet made no appointment to the Consulate of Charleston, the intention of his Majesty was, that M. de la Forest, Vice-Consul at Savannah, should in the interim perform its duties. I have, consequently, transmitted to him, as well as to M. de Marbois, letters of recommendation, which we thought sufficient to induce the Governor and Council of South Carolina to recognise him in this provisional capacity. Our hopes with regard to this subject were built upon the second article of the draft of a contract for the establishment of Consuls; and we thought that its provisional execution, presenting no inconveniences, would meet with no difficulty, although we are yet ignorant whether this contract has been signed.
As the interests of commerce render the actual establishment of a Vice-Consul at Charleston of very urgent necessity, I pray your Excellency to propose to Congress, to pass a resolution for the provisional execution of this second article of the draft of the contract. This measure is so much the more necessary, as it is the only means of preventing the suspension of the Consular duties, which has often occurred in case of the absence or death of Consuls or Vice-Consuls, and a year might sometimes pass before the arrival of new appointments or commissions, and before resolutions should be passed by Congress. Such an interruption of the office of Consul would be attended with inconveniences, which Congress will easily perceive. Moreover, Sir, we ask nothing on this occasion, but what is customary in the other Consulates, and it is a power which will be readily allowed to Mr Barclay.
I have the honor to be, &c.
LUZERNE.
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, May 13th, 1784.
Sir,
I have received the letter, which your Excellency did me the honor to write to me on the 6th of the present month, and the acts of Congress accompanying it.
I pray you, Sir, to be pleased to inform Congress, that I have received a letter from the Count de Vergennes, which grants me the absence, which I had asked. This minister informs me at the same time, that his Majesty has appointed M. de Marbois, his Chargé d'Affaires to the United States. I repeat to your Excellency the request that you will be pleased to express for me to Congress, the regret with which I leave this continent, and the sentiments of respect, which I shall cherish through life towards that body.
Permit me to recall to your mind, Sir, the business of M. de Fleury, and of the widow of the Baron de Kalb. I pray you, also, to be pleased to enable me to make known here the intentions of Congress relative to M. de la Radière, and to the money which was due to him at the time of his death, as well as with regard to the communication, if it takes place.
I have the honor to be, &c.
LUZERNE.
CONGRESS TO M. DE LA LUZERNE.
In Congress, May 17th, 1784.
Sir,
The United States in Congress assembled, are informed by the letter, which you were pleased to address to them, the 21st of April, that having the last year requested of his Majesty leave to return to France, you learn it has been granted, but that the official letter of the Minister being lost, you expect a duplicate, which will probably arrive in the recess of Congress.
It is with great concern, Sir, that Congress receive this information, as it respects a Minister for whom they entertain the most perfect esteem.
From the time of your arrival in America, to the signing of the provisional treaty, the conduct of the war has been attended with numerous difficulties and perils, to surmount which the joint efforts of the United States and of their great and good ally have been necessary.
Congress consider it as a fortunate circumstance, that during that period the affairs of his Most Christian Majesty in this quarter have been under the direction of an able and faithful Minister, whose anxiety to promote the views and essential interests of his sovereign, has been ever attended with a laudable endeavor to reconcile them to those of his allies. Without such a disposition it is evident there could not have existed a concert of those measures, which by the smiles of Providence, have hastened the conclusion of the late distressing war.
The abilities of the gentleman, who as you are informed, is to be charged with the affairs of your department, and his thorough knowledge of the principles, on which the alliance was founded, will we doubt not, conspire to produce on his part, such measures as will best promote the mutual interest of the two nations.
We now, Sir, bid you an affectionate adieu, with the fullest assurance, that you will be happy in the smiles and approbation of your royal sovereign; and we sincerely wish, that you may be equally so in an interview with your friends, and in your future engagements.
THOMAS MIFFLIN, President.
TO JOHN JAY, SECRETARY OF FOREIGN AFFAIRS.
Translation.
Paris, (date uncertain) 1787?
Sir,
I dare not flatter myself, that your Excellency has any recollection of a man, who had the benefit of your acquaintance but a few days, and even at a time when he could not express himself in your language.
I arrived in America, Sir, when, after having rendered the most important services to the confederacy, and sustained with the greatest distinction, the office of President of Congress, that body had intrusted you with the important care of conducting their affairs in Spain, and in the principal Courts of Europe.
I have resided in America five years, as Minister Plenipotentiary of the King to Congress, and though indeed I cannot but be well satisfied with the kindness and the confidence, which that illustrious body have ever shown me, I have always regretted, that you were not during that period one of its members. You departed from Europe when I returned to it. At that time I flattered myself, that I should again see you in America, and resume my duties there. But his Majesty has thought fit to give me another destination. Will you have the goodness to present to Congress my letters of recall, and to express to that body for me the high sentiments of respect and veneration, with which I have long regarded them. Allow me also to request your Excellency to accept the assurances of the attachment and consideration, with which I have the honor to be, &c.
LUZERNE.
THE
CORRESPONDENCE
OF
ROBERT R. LIVINGSTON;
SECRETARY OF FOREIGN AFFAIRS.
For more than five years from the commencement of the Revolution, the foreign concerns of Congress were transacted through a committee, which was first appointed on the 29th of November, 1775, and called the Committee of Secret Correspondence. It was their duty to correspond with all the American Agents, Commissioners, and Ministers abroad, to report to Congress on these matters from time to time, and receive such instructions from that body as occasion required. It is to be understood, however, that in this respect they acted only a subordinate part, for it was customary for the Ministers abroad to direct their letters to the President of Congress. After having been read in that Assembly, they were put into the hands of the Committee, whose business it was to answer them. On account of the absence of the members, the committee itself was frequently very thin, and sometimes for weeks together not more than one member was present at the seat of Government. Hence responsibility rested nowhere, and it is no wonder that delays, neglect, and ill management were the consequences.
Various causes retarded the adoption of a better system, but chiefly the warmth of party and internal jealousies, which prevailed within the walls of Congress for a long time, and too often defeated measures of essential importance, when there was a probability that they would throw a new weight of power into a scale of doubtful preponderance. To this state of circumstances it is in a great degree to be attributed, that no plan for a regular Department of Foreign Affairs was resolved upon till the 10th of January, 1781, and that no person was appointed to fill the office thus created till seven months later. On the 10th of August, Robert R. Livingston was chosen Secretary of Foreign Affairs, but he did not enter upon the duties of the Department till the 20th of October.
From this date a salutary change found its way into the management of Foreign Affairs. To abilities and other qualifications well suited to the station, Mr Livingston added energy, diligence, and promptitude, as his numerous letters on a great variety of topics abundantly testify. We hear no more complaints from the Ministers abroad, that their letters are forgotten and unanswered, or that they receive no intelligence nor instructions from home.
The details of the Department were so modified, after he accepted the appointment, as to embrace Domestic Affairs to a certain extent. He was to correspond with the President of Congress, the Governors of the States, the Commander in Chief, and generally with all persons on topics in any manner connected with the primary objects of his office. His letters to the American Ministers at Foreign Courts, and to the French Ministers in this country, have already been printed in the correspondence of those persons respectively. This order was thought preferable, as the continuity of the subjects embraced in the different branches of correspondence would thus be more distinctly preserved. The letters, which follow, are chiefly to the President of Congress, and to other officers and persons, who were in the United States at the time they were written.
Mr Livingston continued a little short of two years in the Department of Foreign Affairs. He resigned in June, 1783.
THE
CORRESPONDENCE
OF
ROBERT R. LIVINGSTON.
ORGANIZATION OF A FOREIGN DEPARTMENT.
In Congress, January 10th, 1781.
Congress took into consideration the report of the committee appointed to consider and report a plan for the Department of Foreign Affairs, wherein they state,
That the extent and the rising power of these United States, entitle them to a place among the great potentates of Europe, while our political and commercial interests point out the propriety of cultivating with them a friendly correspondence and connexion;
That to render such an intercourse advantageous, the necessity of a competent knowledge of the interests, views, relations, and systems of those potentates, is obvious;
That a knowledge, in its nature so comprehensive, is only to be acquired by a constant attention to the state of Europe, and an unremitted application to the means of acquiring well grounded information;
That Congress are moreover called upon to maintain with our Ministers at foreign Courts a regular correspondence, and to keep them fully informed of every circumstance and event, which regards the public honor, interest and safety;
That to answer those essential purposes, the committee are of opinion, that a fixed and permanent office for the Department of Foreign Affairs ought forthwith to be established, as a remedy against the fluctuations, the delay and indecision to which the present mode of managing our foreign affairs must be exposed; whereupon,
Resolved, That an office be forthwith established for the Department of Foreign Affairs, to be kept always in the place where Congress shall reside;
That there shall be a Secretary for the despatch of business of the said office, to be styled "Secretary of Foreign Affairs;"
That it shall be the duty of the said Secretary to keep and preserve all the books and papers belonging to the Department of Foreign Affairs; to receive and report the applications of all foreigners; to correspond with the Ministers of the United States at foreign Courts, and with the Ministers of foreign powers and other persons, for the purpose of obtaining the most extensive and useful information relative to foreign affairs, to be laid before Congress when required; also to transmit such communications, as Congress shall direct, to the Ministers of the United States and others at foreign Courts, and in foreign countries; the said Secretary shall have liberty to attend Congress, that he may be better informed of the affairs of the United States, and have an opportunity of explaining his reports respecting his Department; he shall also be authorised to employ one, or, if necessary, more clerks to assist him in the business of his office; and the Secretary, as well as such clerks, shall, before the President of Congress, take an oath of fidelity to the United States, and an oath for the faithful execution of their respective trusts.
APPOINTMENT OF A SECRETARY OF FOREIGN AFFAIRS.
In Congress, August 10th, 1781.
Congress proceeded to the election of a Secretary of Foreign Affairs; and, the ballots being counted, Robert R. Livingston was elected, having been previously nominated by Mr Floyd.
TO MAJOR GENERAL NATHANIEL GREENE.
Philadelphia, October 20th, 1781.[20]
Dear Sir,
Congress having done me the honor to appoint me their Secretary of Foreign Affairs, and made it my duty to collect and transmit such intelligence as may be useful to our Ministers, I take the liberty to open a correspondence with you. From the past, I have reason to hope, that your future operations will furnish the most agreeable and useful information at foreign Courts; for nothing is more incontrovertibly true, than that splendid victories and a wise Administration at home, are the best negotiators abroad.
Give me leave, Sir, to congratulate you upon your success. We have reason to hope, that it will be attended with the most important consequences, more especially, if as we may expect, the Commander in Chief should be enabled to make a considerable addition to the brave corps you command.
The enemy have sailed from New York with twentysix ships of the line, including three of fifty guns, having on board their ships of war five thousand land forces, in order to attempt the relief of Cornwallis. For that, happily, they are too late; but as sympathising friends afford consolation to the distressed, he may possibly derive some comfort from their sharing, at least in part, his fate.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
FOOTNOTES:
[20] Although Mr Livingston was appointed Secretary of Foreign Affairs on the 10th of August, he did not enter on the duties of the office till this day. See his letter to John Adams, in Mr Adams's Correspondence, Vol. VI. p. 178.
TO GOVERNOR GEORGE CLINTON OF NEW YORK.
Philadelphia, October 22d, 1781.
Dear Sir,
Give me leave to congratulate your Excellency, and through you the Legislature of our State, on the success of our arms at the southward. Cornwallis surrendered his army on the 17th of October. Count de Grasse was employed on the 18th in taking his marines on board, which I hope, by the blessing of Heaven, will be the prelude to a second victory.
My removal being far from having in any manner lessened my attachment to New York, I shall be anxious to hear that the present attempt of the enemy upon our frontiers, has only added to their disgrace, and enabled my countrymen to increase the reputation they have so justly acquired. Your Excellency will do me the honor to give me the earliest intelligence of the movements of the enemy.
I am, Sir, with the greatest respect and esteem, &c.
ROBERT R. LIVINGSTON.
TO THE PRESIDENT OF CONGRESS.
Philadelphia, October 29th, 1781.
Sir,
The business of the department in which Congress have been pleased to place me, rendering it necessary to have recourse to the Secret Journals, and other books and papers in the possession of their Secretary, I take the liberty to request them by their order, to enable Mr Thomson to admit me to examine, and copy from such books of a secret nature in his possession, as may in anywise relate to the department of Foreign Affairs.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
CIRCULAR TO THE GOVERNORS OF THE STATES.
Philadelphia, November 12th, 1781.
Sir,
Congress some time since, called upon the different States to make returns of the damage done by the enemy within each of them, by the wanton destruction of property, and no measures, that I can learn, have as yet been taken to ascertain such damage, though as your Excellency will easily conceive, it may become an important object of inquiry, whenever a treaty shall be set on foot for a general pacification, or be made to answer valuable purposes during the war, by showing our enemies in their true light to the nations of Europe.
In this view, I think it my duty to endeavor to collect them, and you will, Sir, I am persuaded, take the necessary measures to send as soon as possible, returns from the State over which you preside. I could wish to have the damages, (particularly that to real property,) ascertained by the affidavits of people of known characters, and duplicate copies of such affidavits transmitted to my officers, under the great seal of your State, and, if possible, accompanied with a short recital of each transaction, so that it may at once appear, whether the injuries were such as the laws of war justified, or whether they originated only in the malice and cruelty of the enemy.
Your Excellency will oblige me, and serve the public, by transmitting to me accounts of every occurrence, in which the United States are materially interested, which may arise within your government, or which you may derive from your correspondents abroad.
I have the honor to be, with great respect and esteem, &c.
ROBERT R. LIVINGSTON.
TO THE PRESIDENT OF CONGRESS.
Philadelphia, November 18th, 1781.
Sir,
The subject mentioned in the letters of Mr Adams, and their enclosures, requiring their express direction, I humbly submit to the consideration of Congress.
In Dr Franklin's letter of the 6th of August to Mr Adams, he informs him, "that he cannot depend on receiving any more money in France applicable to the support of the Ministers of Congress, and that what aids are thereafter granted, will probably be transmitted by the government directly to America." Congress need no arguments to convince them of the disgrace and danger of permitting their most confidential servants to be necessitous in a foreign country.
I will with their approbation, concert with the Superintendent of Finance, the means of supplying our Ministers, Agents, and Secretaries. But to facilitate these means, and convince the powers to whom we are indebted for money, that we know the value of their aids, I would humbly submit to Congress the propriety of practising the strictest economy, as far as it may be consistent with their honor, and the justice due to those they employ. That Congress may determine the more readily whether their establishment will admit of any reduction, or devise the most effectual means of defraying the expense of it, I take the liberty to lay before them the annual amount of the salaries of their servants now abroad.
If I am well informed, it is usual to distinguish the allowances to Ministers by the expenses of the country in which they live, and the character they are obliged to support. Such a rule would be productive of great saving to us, whose policy it is to have agents without any acknowledged public characters, at Courts which refuse to receive our Ministers. How far so important a station as that of Secretary to an Embassy might be supplied by private secretaries with moderate salaries, at least till the existence of the Embassy was acknowledged, must be submitted to the wisdom of Congress. Certain it is, that foreigners who may not be acquainted with the dignified characters of those we employ abroad as secretaries, will be surprised to find their emoluments equal, if not exceeding those allowed by the richest potentates in Europe, and that too, when the great object of the mission is to represent our wants, and solicit supplies for civil and military establishments at home.
Perhaps, too, from the ground on which the successful issue of this campaign has placed us, Congress may see it improper to solicit Courts, who are so little disposed to serve us as those of Petersburg and Lisbon, or to expend additional sums of money on agencies to Russia or Portugal.
Another part of the despatches referred to me, are those that relate to John Temple, to which Congress alone are competent to give directions. The reports currently circulated in England relative to his first mission, his coming by way of New York, his return to England, his abode there, his present visit to America, render him an object of attention, not only to the people of this country, but to those of Europe, and give weight to those suspicions of attachment to England, which, as it is her policy to keep up, it should be ours on every occasion to discourage. Congress will judge how far it is proper to suggest any measures to the State of Massachusetts. I take the liberty to submit to them, whether at least it would not be expedient to adopt such resolutions as would leave the Executive of that State uninfluenced in their conduct towards him, by his being the bearer of public despatches. Congress will observe, that I have no personal acquaintance with Mr Temple, nor any knowledge of facts, which would lead me to suspect his principles, other than the matters, which are above stated and publicly known.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
TO THE PRESIDENT OF CONGRESS.
Philadelphia, November 25th, 1781.
Sir,
I enclose to Congress the heads of the communication, which I had the honor to make to them on the 23d, as far as I could obtain permission from the Minister of France to reduce them to writing. There is but one omission, the reason of which was assigned at the time I made the verbal communication. I also enclose an extract of a letter from the Count de Vergennes to the Minister of France, as translated and communicated to me by him, which I have thought it necessary to submit to the perusal of the Superintendent of Finance.
I am at a loss to judge whether Congress intended in their reference of General Duportail's letter, that I should report to them, or write to Dr Franklin on the subject myself; supposing the latter to have been the case, I have accordingly written; but lest I may have been mistaken, I submit my letter to their inspection, and if it is not conformable to their intentions, I beg to be honored with their further direction.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
GENERAL GREENE TO ROBERT R. LIVINGSTON.
Camp Round O, South Carolina,
December 13th, 1781.
Dear Sir,
Your favor of the 22d of October came to hand a day or two since.
I shall be happy to communicate anything from this quarter, that may be useful to you, or to our affairs abroad, and I have the pleasure to inform you, that we have complete possession of all the Southern States, Charleston and Savannah excepted.
Civil government is established in Georgia, and the Assembly of South Carolina will set the 1st of next month, at Camden. We are making preparations for the siege of Charleston, and are not altogether without hopes of obliging the enemy to abandon the place, even if our good ally should not be able to co-operate with us. The tyrant of Syracuse was never more odious than the British army in this country. Even the slaves rejoice, and feel a kind of freedom from oppression, in the return of their masters.
I beg leave to congratulate you upon our late glorious success in Virginia, and upon your own appointment of Minister of Foreign Affairs.
I have the honor to be, &c.
NATHANIEL GREENE.
TO THE PRESIDENT OF CONGRESS.
Philadelphia, January 18th, 1782.
Sir,
I do myself the honor to submit to the inspection of the United States, in Congress, an affidavit made by Mr Marshall on the subject of Mr Deane's letters, and have directed copies of the letters and affidavit to be made out for the Minister of his Most Christian Majesty, and the Superintendent of Finance. Measures have long since been taken to put our Ministers upon their guard against Mr Deane. I shall add to them, as opportunities offer, the new proofs which these letters furnish of his defection. Copies will also be sent to the Governor of Connecticut, unless the Representatives of that State, in Congress, who propose to make them the ground of judicial proceedings, should prefer taking copies to be examined and compared with the original, by a person who could prove such examination, or to authenticate them in any other way, which will ensure their being received as evidence conformably to the practice of their Courts.
I had proposed to mention them in my correspondence with the first Magistrates of the respective States, as affording proofs of the distant prospect of peace, and the necessity of relying only upon our own exertions to procure it, but am deterred from this measure, by the weight which it might possibly give to Mr Deane's ill founded assertions.
I shall endeavor to conform to the views of the United States, in any further direction with which they may please to honor me.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
TO GOVERNOR JONATHAN TRUMBULL OF CONNECTICUT.
Philadelphia, January 22d, 1782.
Sir,
I do myself the honor to enclose certified copies of two letters from Silas Deane, which serve in some measure to authenticate those that have been published in his name, and strongly mark such a change in his sentiments and principles as is worthy of the attention of the State of which he is a citizen. The originals are lodged in this office, to which your Excellency may at any time apply, if such copies should be required, as would amount to legal evidence; I have also enclosed a copy of an affidavit of Mr Marshall to prove the identity of the letters, and his having received them from Silas Deane.
I some time since did myself the honor to write to you, relative to the damage done by the enemy in your State, to that letter I have not been as yet favored with an answer. Your Excellency will easily see the propriety of keeping up a correspondence with this office, since there are so many inferior objects, which escape the general attention of Congress, which it may be extremely useful to detail in our negotiations. Such, for instance, as an authentic account of the cruelties committed by the British at New Haven. Nor is it of less moment to be minutely informed by every State of the resources for carrying on the war, the means used to call out those resources, the temper and disposition of the people with respect to them. With a view of obtaining these from you at your leisure, I have taken the liberty to open this correspondence with your Excellency. I persuade myself you will not put the trouble it may give you in competition with the slightest advantage, that our country may obtain from it. I shall in return give you from time to time, such European news as we may receive here, which I conceive will contribute either to your amusement or the advantage of your State.
And as I have nothing positive at present, let me inform you, what I would wish every State to know, that we have not as yet any intelligence, that leads to a speedy peace, so that we have every reason to expect another campaign, and a campaign too, that will call for our greatest exertions.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
TO THE PRESIDENT OF CONGRESS.
Philadelphia, January 25th, 1782.
Sir,
In the first organization of a new Department, some things are frequently omitted, which experience will show ought to be inserted, and many inserted which might be omitted; it becomes the duty of those, who are placed at the head of such Departments, to mention the difficulties that may arise from these causes, and leave it to the wisdom of Congress to alter them, or to judge whether they can be changed without introducing greater inconveniences. Upon this principle, Sir, I am induced to offer the following observations.
The Secretary of Foreign Affairs is to correspond with the Ministers of the United States at foreign Courts, and with the Ministers of foreign powers. This correspondence must necessarily detail such sentiments as the sovereign wishes to have known, and lead to such inquiries as they choose to make. An intimate knowledge of their sentiments is, therefore, absolutely necessary to a discharge of this duty; and we accordingly find, that the Minister of Foreign Affairs is, in monarchical governments, considered as the most confidential servant of the Crown. In Republics, it is much more difficult to execute this task, as the sentiments of the sovereign sometimes change with the members, which compose the sovereignty. It is more frequently unknown, because no occasion offers, on which to call it forth. It is never perfectly expressed but by some public act. Waiting for this time, the advantages of embracing a favorable opportunity are frequency lost. There are numberless minutiæ, upon which no act is formed, and about which, notwithstanding their sentiments should be known to their Ministers, there are even occasions, in which their Secretary should speak a sentiment, which it would be improper for them to declare by a public act.
Congress, sensible of the inconveniency, that the officer intrusted with the management of their foreign affairs must labor under in the execution of his duty, without a more perfect knowledge of their sentiments, than can be obtained from their public acts, have been pleased to admit him to attend Congress, that (as the ordinance expresses it,) he may be better informed of the affairs of the United States, and have an opportunity of explaining his reports respecting his Department; but here it stops short, and does not say in what manner he is to gain the sentiments of Congress, when he does himself the honor to attend upon them. It is true they may in part be collected from an attention to the debates, but it often so happens, that the debate does not take the turn that he would wish, in order to satisfy a doubt, and he goes away, after hearing a subject largely discussed, ignorant of the only point upon which he wishes to be informed, when perhaps by a single question, his doubt might be removed, or by a word of information, which he has the best means of acquiring, a debate might be shortened.
It is true the power of explaining his reports given by the ordinance, seems to imply a permission to offer his sentiments when they are under consideration, but as I do not wish to assume a liberty which is not expressly given, I must beg the sentiments of Congress on this subject. The ordinance is also deficient, in not affording a power to the Secretary of Foreign Affairs to take order upon the application either of foreigners, or subjects, relative to matters not of sufficient moment to engage the attention of Congress; as for instance, applications for aid in procuring the release of an American, taken under particular circumstances in English ships, and confined in the French West Indies or elsewhere; claims upon prizes carried into the French Islands, &c., which cases occur every day, and are attended with long memorials, which would take up much of the time and attention of Congress.
As I have hitherto taken the liberty to transact business of this kind with the Minister of his Most Christian Majesty, and the Governors or Generals of the French Islands, I wish to be justified in so doing by the orders of Congress. As a check upon myself, I keep a book, though it is attended with much labor, in which all such applications, and the steps taken in consequence thereof, are inserted at length.
The organization of this office will, too, I presume, render some alteration necessary in matters of form and ceremony as heretofore settled by Congress in conformity to the practice of other nations, and to enable us to avail ourselves of the advantages they sometimes afford in creating useful delays, and concealing for political reasons the views of the sovereign.
Congress having vested me with the power of appointing clerks, I have appointed two gentlemen, in whose integrity and abilities I can confide. These are barely sufficient to do the running business of the office, which is much greater than I imagined it would be, five copies, besides the draft being necessary for every foreign letter or paper transmitted. To copy all the letters, which have hitherto been received, with the Secret Journals and other extracts from the books and files of Congress, though absolutely necessary, both for order and security, will be impossible, without further aid for at least one year. Congress have not, indeed, limited the number I may employ, nor have they fixed their salaries, upon both of which I could wish for their direction. An interpreter is so necessary, both for this Department and the Admiralty, that I cannot but recommend to Congress the appointment of one, from whom, if a man in whom I could confide, I might receive assistance as a Secretary when hurried with business.
It may possibly be expected, Sir, that I should close this long letter by a report on the matters it contains, but as it is a delicate subject to point out a mode for extending my own powers, I only beg leave to recommend the enclosed resolve.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
[19] The following is the statement of Baron de Kalb's account. Mr Pierce's letter is missing.
The different articles subjoined will enable Congress to judge of the justice of the demands, concerning which I beg you, Sir, to inform me of the intentions of that body.[19]
[20] Although Mr Livingston was appointed Secretary of Foreign Affairs on the 10th of August, he did not enter on the duties of the office till this day. See his letter to John Adams, in Mr Adams's Correspondence, Vol. VI. p. 178.
Philadelphia, October 20th, 1781.[20]
TO MAJOR GENERAL GREENE.
Office of Foreign Affairs, Philadelphia,
January 31st, 1782.
Dear Sir,
I was this day favored with yours of the 13th ultimo. I need not tell you, that the intelligence it conveyed, and the spirit in which it was written, afforded me the most sensible pleasure. The idea it holds forth of an attempt upon Charleston, and the prospect of success in it, is one that we dare not indulge here, more especially as troops have sailed from New York, and as we presume to Charleston, but you have taught us rather to measure your success by your genius than by your means.
I wish it were in my power to tell you, that our accounts from Europe were proportionate to our expectations. The combined fleets, as you know, have returned and separated, without having effected anything. The British are again masters of the ocean. Gibraltar is a rock, on which all the exertions of Spain seem to split, and the siege of fort St Philip seems to be carried on in the most energetic manner. We have no prospect of forming an alliance, either with Spain or Holland, who both appear to sigh for peace. Our loan on the guarantee of France with the last, is nearly completed. But what is not a little unsatisfactory, it is also nearly expended by advances, which France has made us on the credit of it. From Spain we are likely to get nothing.
The negotiations for a peace are entirely, at a stand; the mediating powers have no interest in wishing it, and the belligerent nations are neither of them sufficiently weakened to request their interposition. The Count de Vergennes assures us, that Britain will still make the most vigorous exertions. I mention these circumstances not only for your information, but that you may make the proper use of them in animating the exertions of the Southern States. It is the misfortune of America to presume too much upon each dawning of success, and to believe that peace must tread upon the heels of every little advantage, instead of being taught by her own struggles and difficulties, that every nation has resources, that surpass the expectations of its enemies.
Would to God that you could be enabled, by the animated efforts of the Southern States, to expel the enemy from them without the aid of our allies. This would re-establish our character for activity in Europe, where I am sorry to say, it has for some time past been upon the decline, and I do sincerely believe, that co-operating with the brilliant successes of the last fall, it would incline the enemy to peace, without which I have no expectations of it. But I fear this is rather to be wished for than expected.
Domestic news we have none, but what Colonel Ternant will give, or you may collect from the enclosed papers.
If anything turns up worth your notice, you shall hear from me. I flatter myself that you will think with me, that our distance is too great to wait for the ceremony of answer and reply, and favor me with a line as occasion offers.
I have the honor to be, Sir, &c.
ROBERT R. LIVINGSTON.
CIRCULAR LETTER TO THE GOVERNORS OF THE STATES.
Philadelphia, February 18th, 1782.
Sir,
I do myself the honor to transmit to your Excellency several resolutions of Congress, which having a reference to the Department of Foreign Affairs, are in course to go through this office. The necessity of carrying them into effect is too obvious to need observations.
While we hold an intercourse with civilised nations, we must conform to laws, which humanity has established, and which custom has consecrated among them. On this the rights, which the United States or their citizens may claim in foreign countries must be founded.
One of the resolutions passed Congress in consequence of a convention about to be concluded between his Most Christian Majesty and the United States of America, which affords an additional reason for paying it the earliest attention. Your Excellency and the Legislature will see the propriety of rendering the laws on these subjects as simple, and the execution of them as expeditious, as possible, since foreigners, who are the great object of them, are easily disgusted at complex systems, which they find a difficulty in understanding, and the honor and peace of a nation are frequently as much wounded by a delay as by a denial of justice.
Another resolution relates to your boundaries, and is designed as one means of ascertaining the territorial rights of the United States collectively, which can only be accurately known by each State's exhibiting its claims, and the evidence on which they found them. Your Excellency will therefore be pleased to direct, authentic copies from your records of all grants, charters, maps, treaties with the natives, and other evidences, to be transmitted to this office, as soon as you can conveniently collect them. I could wish, that the copies might be proved, by having the great seal of your State annexed.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
TO GOVERNOR RUTLEGE OF SOUTH CAROLINA.
Office of Foreign Affairs, Philadelphia,
February 19th, 1782.
Dear Sir,
I wish to avail myself of the opportunity Colonel Ternant affords me, to convey the agreeable intelligence contained in the enclosed letter from Mr Harrison, our agent at Cadiz. Many other objects present themselves, on which I would write could I do it without detaining Colonel Ternant, who only waits for this.
I propose to have the honor of writing more at large by the next safe conveyance. In the meanwhile, I should consider it as a favor, which might be rendered useful to the public, as well as agreeable to me, if your Excellency would open a correspondence with this office, in which an exact state of affairs in the government, over which you preside ought to be detailed, which could not fail to have some influence in the direction of our foreign affairs.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
CIRCULAR LETTER TO THE GOVERNORS OF THE STATES.
Philadelphia, February 19th, 1782.
Sir,
Where a Government is composed of independent States, united not by the power of a sovereign but by their common interest, the Executive Departments form a centre of communication between each State and their Chief Council, and are so far links of the chain, which should bind them together, as they render to each similar views of great national objects, and introduce uniformity in their measures for the establishment of general interests. A mistaken idea of our own importance to other nations, of their attachment to us, and of the weakness of our common enemy, having lulled us into a very imprudent security, I beg leave to state to your Excellency the information last received from Europe. Our success in this important war, under the favor of Heaven, must be built upon the weakness of our enemy, the strength and perseverance of her foes in Europe, and our own exertions.
It is an undeniable fact, that Britain has not, in the course of the last campaign, gained any advantage of her enemies, but, on the contrary, has seen their fleets ride triumphant in the seas, she proudly called her own, and an army, in which she placed her fondest hopes, made captive. But, on the other hand, we are compelled to admit, that she has met with no such reverse of fortune as materially to debilitate her, or weaken her resources for another campaign. Her trade has, for the most part, returned in safety. Her fleets have blocked up those of the Dutch, and, upon the separation of the combined fleets, recovered the superiority in the European seas. The army taken in America is only so far decidedly ruinous to her affairs here, as we know how to avail ourselves of the advantage it affords.
That her pride is not humbled, that she did not wish for peace prior to this advantage, is obvious, 1st. From her refusing to make a separate treaty with the Dutch, who, under the mediation of the Empress of Russia, seemed anxiously to wish it; 2dly. From her neglect to notice the last proposals of the mediating powers, which yet remain unanswered; so that if any alteration is made in their sentiments oh this subject, they must originate in their ill success in America, for in every other quarter their defensive war seems to have been supported with advantage. How far this will operate admits of a doubt, which prudence directs us not to rely upon. Money, the great support of modern wars, has been raised with more facility in England, than in any country in the world; and we find the minority last year censuring Lord North for giving the advantage of lending to his friends. Their losses may indeed render subscriptions more expensive to the public; but there is no well grounded room to suppose they will not fill up; and still less reason to believe, if the means for carrying on the war are attainable, that the vindictive spirit of the King and his ministry, and the overweening pride of the nation, will soon yield to make a peace, which involves their disgrace and humiliation. But as strength or weakness are mere comparative terms, we can form no judgment of the measures of Britain but by attending to the force and disposition of her enemies.
The United Provinces were evidently dragged into the war, and have prosecuted it as if they momentarily expected a peace. The Colonies in the West Indies have been taken, without being in a state to make the smallest resistance, and the active interposition of France alone saved those in the East from sharing the same fate. Our last letters from Holland place the distress of their commerce in a strong point of view. They are unhappily rent by parties, which clog the wheels of government; though it is said the party opposed to England are the most numerous and growing in strength, so that at some future day we may reasonably hope they will assume the entire ascendency; yet we can build very little on this, till the close of another year. This much is certain, they are not yet allied to us, nor have they given us reason to believe, that they intend to be so. They wish for peace, and will take no measures that can obstruct it. They have lent us no money, nor are they likely to do it; from whence we may presume, either that they doubt our success, or do not much interest themselves in it.
Our expectations from Spain are scarcely more flattering. Some little aids of money have been received after long solicitation, hardly so much as paid the expense of soliciting. We have reason to suppose that no more will be granted. They are still cold with regard to our alliance; nothing but brilliant success can bring it to a conclusion. Nor have we the smallest reason to expect any pecuniary aid from her, even if she should confederate with us in time to be of use for the next campaign. She has at this moment very many and very expensive operations on hand; and, till she has allied herself to us, we have no certainty that she will choose to continue the war for the attainment of our independence, if Britain should be sufficiently humbled to sacrifice to her the objects which led her into the war.
To France, then, we turn, as the only enemy of Great Britain, who is at the same time our ally, who will persevere in the war for the attainment of our independence. She has already done so much for us, in order to afford us the means of doing something for ourselves, that she may reasonably hope to find the effects of her benevolence. Her fleets have protected our coasts, her armies have fought our battles; she has made various efforts to restore our finances, by paying the interest of our loans, by obtaining credit in Europe on our account for clothing, arms, and necessaries; by advancing money, and by opening and guaranteeing a loan for us, to a considerable amount in Holland, when, by the abolition of paper, our finances were totally deranged. These sums are nearly expended, and another campaign is about to be opened. France assures, that it is not in her power to make us any further grants of money, her ministers repeat this to us in every letter, in a tone that persuades us of their determination on that point.
What then is to be done? Are we to relinquish the hopes, which the present debility of the enemy affords us of expelling them by one decided effort, and compensating all our losses by the enjoyment of an active commerce? Are we to return to the wretched, oppressive system we have quitted? Are we to carry on a weak defensive war with an unpaid army, whose precarious subsistence must depend upon what can be torn by violence from the industrious husbandman? Shall we vainly, and I think disgracefully, supplicate all the powers of Europe for those means, which we have in our own hands, if we dare call them forth, and which, after all, must be called forth if we continue the war, (and upon that subject there can be no doubt, till the end for which we took up arms is attained.) The only question is, whether each State shall fairly and regularly contribute its quota, or whether that which happens to be the seat of war shall (as has too often been the case) bear the whole burden, and suffer more from the necessities of our own troops, than the ravages of the enemy. Whether we shall drive the enemy from their posts with a strong body of regular troops, or whether we shall permit them to extend their devastations, while, with our battalions and fluctuating corps of militia, we protract a weak defensive war, till our allies are discouraged, and some unfavorable change takes place in the system of Europe.
Your Excellency, I am persuaded, will pardon the freedom with which I write. You see the necessity which dictates my letter, and were it in my power to communicate all that our friends in Europe think of our inactivity, I am persuaded you would urge your State to exertion in much stronger terms than I dare venture to use.
When Congress call upon a State for supplies, they are usually answered by pleas of disability, urged, too, by the State with good faith, and a firm persuasion that they speak their real situation, a recurrence to facts, that have passed under their own observation, will convince them that they are deceived.
From the time that the depreciation of the Continental bills of credit began, till they were no longer current, the States that received them paid a tax equal to all the expenditures of the army, and a very considerable one beyond it; for if we suppose ten millions of dollars, in specie, a year, to be necessary for their support, then the expense, till the close of the campaign of 1779, must have amounted to upwards of fifty millions, exclusive of the supplies from Europe; and yet, in March, 1780, the whole national debt contracted in America did not, in fact, amount to five millions; so that forty five millions were paid by the United States in those five years of the war, when they had the least commerce and agriculture, and when they were most distressed by the enemy; and this tax, too, was the most unjust and partial that can be conceived, unless we except that, by which we have since raised much more from the people, without giving so much to the public; I mean the laws for impressing, &c., which placed the greatest burden of the war upon the shoulders of a particular order of men in particular States only.
Now surely, if by partial and unjust measures, for which necessity alone can plead, we have been able to draw from every State, a tax more than equal to the present demand, no State can say, that it cannot afford its proportion of a more equitable tax. Those who have hitherto borne the weight of the war, must warmly espouse a measure, which is so greatly calculated for their relief. Those who have hitherto been eased from the burden, must be more able to take it up at this time, when they have the most promising expectation of relinquishing it soon.
It is certain, that if we put ourselves in a state to take advantage of circumstances early in the ensuing spring, we have the best grounded reason to hope, that a few months will remove the war from our doors. Whereas if we delay to enable Congress to say to their allies, "we are ready for an effectual co-operation with any force you may send," they will turn their attention to other objects, and leave us to lament in vain the opportunities we have lost. Every motive then, national honor, national interest, public economy, private ease, and that love of freedom, which pervades every Legislature on the Continent, call loudly not only for a compliance with the requisitions of Congress, but for so early a compliance as to render it effectual.
It is true we are at present in such a situation as to have no apprehensions for the final establishment of our independence; but surely it is a matter of some moment to us, whether we shall obtain it, or at least be freed from the ravages of the enemy and the burden of the war in the course of six months at the expense of eight millions of dollars, or whether we shall wait for it till a general and perhaps a distant peace, and be subject in the meanwhile to infinitely more expense, and all the distress that attends a country which is the seat of war.
But, Sir, it is time to dismiss a subject, which wants no arguments to illustrate it. I am confident that you will use every means to convince the State over which you preside, of the danger which will result from relying more upon the weakness of the enemy than their own strength, more upon the aid of their allies than their own exertions, more upon unjust, partial, hazardous, and expensive expedients, than upon an equal and regular support of the measures, which Congress, upon the most mature deliberation have recommended to their attention.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
TO THE PRESIDENT OF CONGRESS.
Office of Foreign Affairs, February 21st, 1782.
Sir,
I do myself the honor to lay before Congress the enclosed note from the Minister of France, a letter from the Marquis de Bouillé with translations of both, and the proceedings of the Council of Assembly of Dominique; all of which relate to the case of the ship Resolution's cargo, part of which was adjudged lawful prize by the sentence of the Court of Appeals; and the case of the brigantine Eeirsten and her cargo, which was also adjudged lawful prize by the said Court.[21]
The case of the ship Resolution, as far as I have been able to learn, was simply this, she was a Dutch vessel, freighted on account of capitulants at Dominique, and bound for Holland, agreeably to the seventh Article of the capitulation. She was taken by a British ship, retaken by one of our privateers, and condemned by the Court of Admiralty of this State, whose decree was reversed and the ship and cargo acquitted, except a small part of the latter, on the principle of its not being the property of capitulants, and because, as was alleged, it was not protected by the ordinances of Congress, approving the principles of the armed neutrality, Great Britain and Holland being at open war; from whence it was inferred by the Court, that the Dutch vessel could not be considered as sufficiently neutral to protect the property of an enemy. The papers referred to in the memorial of the Minister of France serve to show, that the whole cargo belonged to capitulants.
The other vessel, the Eeirsten, was purchased in London by a company of Imperial subjects residing at Ostend, freighted in England with British property for the use of the capitulants at Dominique. The vessel sailed from London, and on her way to Dominique touched at the port of Ostend, for the purpose of converting her English papers into German. In the passage from Ostend to Dominique, this brigantine was taken by an American privateer, carried into Boston and acquitted, with her cargo; but the Judges of Appeals have condemned as lawful prize, both vessel and cargo. They consider the cargo as unprotected by the capitulation of Dominique. They consider the vessel as carrying on a trade advantageous to the enemy, in contravention to the seventeenth Article of the capitulation; that she forfeited the right of neutrality by not showing an exact impartiality to the belligerent powers; and because she had false and colorable papers on board, with a view to give the cargo the appearance of neutral property. They allow, that a vessel under their circumstances is to be considered as an enemy's, and that by the law of nations, they should be subject to seizure and confiscation. They consider the cargo as unprotected by the laws of Congress, because (as they affirm) this vessel cannot be thought to be strictly neutral, that Congress meant to pay a regard to right of neutrality, that the right of neutrality only extends protection to the effects and goods of an enemy in neutral bottoms, not engaged in the violation of this right. I have sent the seventh and seventeenth Articles of the capitulation for the information of Congress.
From this statement Congress will judge of the expediency of directing a rehearing in both cases. In the first, it seems to be dictated by a regard for justice upon the new proofs. And in the second, the reasoning, which determined the Court, does not appear to be so conclusive as to render it improper in so intricate a case, more particularly as our situation with respect to the Emperor is peculiarly delicate; from which consideration, as well as from the respect which is due to the representation of the Minister of his Most Christian Majesty, I am humbly of opinion that a rehearing ought to be granted, and that in the meanwhile the officers of the Court should be directed to retain in their hands the proceeds of the vessel and cargo.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
FOOTNOTES:
[21] See an account of these ships in M. de la Luzerne's Correspondence, above, pp. 66–72.
REGULATIONS FOR THE DEPARTMENT OF FOREIGN AFFAIRS.
In Congress, February 22d, 1782.
On the report of a committee, consisting of Mr Ellery, Mr Randolph, and Mr Eveleigh, to whom was referred a letter of the 25th of January, from the Secretary of Foreign Affairs respecting his department,
Resolved, that the Department of Foreign Affairs be under the direction of such officer as the United States, in Congress assembled, have already for that purpose appointed, or shall hereafter appoint, who shall be styled, "Secretary to the United States of America for the Department of Foreign Affairs," shall reside where Congress, or the Committee of the States, shall sit, and hold his office during the pleasure of Congress.
That the books, records, and other papers of the United States that relate to this department, be committed to his custody, to which, and all other papers of his office, any member of Congress shall have access; provided that no copy shall be taken of matters of a secret nature without the special leave of Congress.
That the correspondence and communications with the Ministers, Consuls, and Agents of the United States in foreign countries, and with the Ministers and other officers of foreign powers with Congress, be carried on through the office of foreign affairs by the said Secretary, who is also empowered to correspond with all other persons from whom he may expect to receive useful information relative to his department; provided always, that letters to Ministers of the United States, or Ministers of foreign powers, which have a direct reference to treaties or conventions proposed to be entered into, or instructions relative thereto, or other great national subjects, shall be submitted to the inspection, and receive the approbation of Congress before they shall be transmitted.
That the Secretary for the Department of Foreign Affairs correspond with the Governors or Presidents of all, or any of the United States, affording them such information from his department as may be useful to their States or to the United States, stating complaints that may have been urged against the government of any of the said States, or the subjects thereof, by the subjects of foreign powers, so that justice may be done agreeably to the laws of such state, or the charge proved to be groundless, and the honor of the government vindicated.
He shall receive the applications of all foreigners relative to his department, which are designed to be submitted to Congress, and advise the mode in which the memorials and evidence shall be stated, in order to afford Congress the most comprehensive view of the subject; and if he conceives it necessary, accompany such Memorial with his report thereon.
He may concert measures with the Ministers or officers of foreign powers, amicably to procure the redress of private injuries, which any citizen of the United States may have received from a foreign power, or the subjects thereof, making minutes of all his transactions relative thereto, which have passed on such occasions.
He shall report on all cases expressly referred to him for that purpose by Congress, and on all others touching his department, in which he may conceive it necessary. And that he may acquire that intimate knowledge of the sentiments of Congress, which is necessary for his direction, he may at all times attend upon Congress; and shall particularly attend when summoned or ordered by the President.
He may give information to Congress respecting his department, explain and answer objections to his reports when under consideration, if required by a member, and no objection be made by Congress.
He shall answer to such inquiries respecting his department as may be put from the chair by order of Congress, and to questions stated in writing about matters of fact, which lie within his knowledge, when put by the President at the request of a member, and not disapproved of by Congress. The answers to such questions may, at the option of the Secretary, be delivered by him in writing.
He shall have free access to the papers and records of the United States in the custody of their Secretary, or in the offices of finance and war and elsewhere. He may be furnished with copies, or take extracts therefrom, when he shall find it necessary.
He shall use means to obtain from the Ministers and agents of the United States in foreign countries, an abstract of their present state, their commerce, finances, naval and military strength, and the characters of Sovereigns and Ministers, and every other political information, which may be useful to the United States. All letters to sovereign powers, letters of credence, plans of treaties, conventions, manifestoes, instructions, passports, safe conducts, and other acts of Congress relative to the Department of Foreign Affairs, when the substance thereof shall have been previously agreed to in Congress, shall be reduced to form in the office of Foreign Affairs, and submitted to the opinion of Congress; and when passed, signed, and attested, sent to the office of Foreign Affairs, to be countersigned and forwarded. If an original paper is of such a nature as cannot be safely transmitted without cyphers, a copy in cyphers, signed by the Secretary for the Department of Foreign Affairs, shall be considered as authentic, and the Ministers of the United States at foreign Courts may govern themselves thereby in the like manner as if the originals had been transmitted. And for the better execution of the duties hereby assigned him, he is authorised to appoint a Secretary, and one, or if necessary more clerks, to assist him in the business of his office.
Resolved, That the salaries annexed to this department shall be as follows;
To the Secretary of the United States for the Department of Foreign Affairs, the sum of four thousand dollars per annum, exclusive of office expenses, to commence from the first day of October last.
To the Secretary, one thousand dollars per annum.
To the clerks, each five hundred dollars per annum.
Resolved, That the Secretary for the Department of Foreign Affairs, and each of the persons employed under him, shall take an oath before a Judge of the State where Congress shall sit, for the faithful discharge of their respective trusts, and an oath of fidelity to the United States, before they enter upon office.
Resolved, That the act of the 10th of January, 1781, respecting the Department of Foreign Affairs, be and hereby is repealed.
TO THE PRESIDENT OF CONGRESS.
Office of Foreign Affairs, February 23d, 1782.
Sir,
The resolution passed by Congress on the 22d of February, for the more perfect organization of the Department of Foreign Affairs, having no reference to the time past in fixing the salaries of the secretaries or clerks, I am left without a rule for that purpose, but presume as I have had two gentlemen employed for some time, without any distinction of rank, that no objection will lie to my giving them orders for the time that they have served at the rate of seven hundred and fifty dollars a year each.
I am sorry to be the means of taking up a moment of the time of Congress, but find myself embarrassed by their present arrangement, which fixes one secretary, and reduces the other gentleman in the office to the rank of a common clerk. If no material objection should lie against the measure, I would propose, as the business of the office naturally divides itself into two branches, foreign and domestic, that instead of a secretary there should be two under secretaries, whose rank and pay shall be settled according to their merit and abilities by the Secretary of Foreign Affairs, provided that the pay of both taken together shall not exceed the sum of fifteen hundred dollars; this will not only be an incitement to diligence and attention, but possibly enable me to procure two persons, in whose integrity and abilities I can confide, instead of a common clerk, without increasing the expense of the department.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
TO THE PRESIDENT OF CONGRESS.
Office of Foreign Affairs, February 26th, 1782.
Sir,
I am somewhat at a loss to determine upon what principle the petition of John Jordan and others, was referred to me, but presume, that it was with a view to obtain from me such information relative to the distribution of the prize money arising from the prizes taken by the Bon Homme Richard, as the papers in this office can afford.
There were no papers relative to this transaction in this office; but among those of the Board of Admiralty, I find a letter from Dr Franklin to Francis Lewis, dated the 17th of March last, covering some inquiries on this subject, and a copy of a Concordat entered into by John Paul Jones, commanding the Bon Homme Richard; Pierre Landais, captain of the Alliance; Dennis Nicolas Cottineau, captain of the Pallas; Joseph Varage, captain of the Cerf; and Philip Nicolas Ricot, captain of the Vengeance; by which, among other things, they agree to divide their prizes, agreeably to the American regulations, as they sailed under American colors and commissions; and constituted M. Chaumont their agent to receive and distribute the prize money in behalf of the crew of each ship, and to be answerable for it in his own private name.
From Dr Franklin's letter, it appears that the whole of the prizes belonged to the captors; that the King offered to purchase the ships of war they had taken, according to an established rate; that the seamen objected to it, and chose they should be sold at vendue; that this occasioned a delay in the sale; that he does not know the amount of the value of the prizes, nor whether they were distributed, which he considers as a private transaction between the officers and crews of the ships and M. Chaumont.
From this state of facts, Congress will judge if anything more can be done relative to the claim of three of the petitioners to their share of the value of the prizes, (the fourth being out of the question) than to assist them in the mode of authenticating the evidence of their being entitled thereto, and to forward it with powers of attorney to the Consul of the United States in France. This I will readily do for them, and write to Mr Barclay on the subject, without any express direction from Congress, when the petitioners shall call at this office.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
TO ROBERT SMITH, COMMERCIAL AGENT AT HAVANA.
Philadelphia, February 26th, 1782.
Sir,
Your letter to the Superintendent of Finance was received, and referred by Congress to this office, when upon mature deliberation it was determined for various political reasons, not to recommend the issuing of any commissions for letters of marque, or reprisals from any of the Spanish Islands. Congress having considered these reasons, came into this view, and passed the resolution, which I enclose in pursuance of their orders.
It is expected, that the several Consuls and agents of Congress, wherever settled, will keep up a regular and constant correspondence with me, in order that the United States, in Congress, may have the fullest information of every transaction in which they may be materially concerned. This task I dare say you will readily impose upon yourself, when you reflect on the advantages that may result from it. The points on which I shall chiefly trouble you for information, are the naval and military strength of the Island at the time you write, not merely as to the number of ships and men, but their actual state of preparation for defensive or offensive operations, their stations, their prospects and designs, as far as you can learn them. At your leisure, I wish to have an account of the population, militia, commerce, husbandry, and revenue of the Island, the sentiments of the people with respect to this war, and everything else you may deem curious or interesting.
If a paper is printed at the Havana, you will be pleased to send it to me by every opportunity. I need not suggest to you the necessity of preparing your letters, so that they may be sunk in case of danger, when they contain anything which may be of use to the enemy.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
TO DON FRANCISCO RENDON.[22]
Philadelphia, March 6th, 1782.
Sir,
I will with pleasure give you such information on the subjects you write upon, as I can with propriety mention to a gentleman of whose attachment I entertain no doubt, but who has, nevertheless, given me no reason to think, that his inquiries have any farther object than his personal satisfaction.
1. In answer to the first question, I can only inform you, that Congress have voted thirtysix thousand infantry, which, with the cavalry and artillery, will amount to about forty thousand men. It is not probable, however, that the whole of this number will be raised; I think it would be prudent to make a deduction of about one fourth. But you have been too long in this country to form any judgment of the strength of our army from the regular establishment, since it has been, and always will be increased (more particularly in the Northern States) by large bodies of militia, when their apprehensions, or the hope of splendid advantages shall call them forth. Of this, the events of the year 1777, among others, afford the most striking evidence.
2. It is not expected, that in the present situation of the country, the whole sum of eight millions of dollars can be raised in time. What the deficiency will be, must depend on the motions and strength of our enemy early the next spring; the success of our commerce; the remittances that shall be made to this country by our allies, which, being expended here, may, by frequent taxes, be brought into the public treasury, and repeatedly applied to public use.
3. The resources of the next campaign lay in taxation, in the strictest economy, and in the assistance which we may reasonably hope to receive from the enemies of Great Britain, while we are making every exertion in the common cause. We flatter ourselves, that those powers who wish for peace, and who see America as the great object in Britain, in carrying on the war, will not suffer it to be lengthened out beyond the present year, when, by a moderate supply to us, they can terminate it in the course of one campaign. We form some expectations from the wisdom and generosity of Spain; and as we know she has the means, so we cannot suppose she can want the inclination to promote her own interests, and insure the esteem and gratitude of a rising nation, whose commerce and alliance cannot but be important from the situation of her Colonies.
4. This question is answered above, only it may be proper to observe, that if, in this reasonable expectation, America should be disappointed, she will still find resources in herself, not indeed to expel the enemy, but to preclude them from extending their conquests, and to compel them to offer her such terms as are necessary for her security, though perhaps short of her wishes.
5. The commercial connexion between the United States and Spain, will naturally be very extensive, if it meets with the least encouragement. The Spanish Islands will be supplied with provisions from them, at such easy rates as must give them great advantages in the cultivation of sugars, for which America will afford a considerable market; fish, lumber, and iron will also be exported to them if it should be permitted; and salt, as well as sugar, brought back in return, if the duties should be lowered, or a drawback allowed on the exportation. Our trade with Spain will consist chiefly in naval stores, masts, iron, furs, fish, and tobacco; in return for which we shall take the produce and manufactures of Spain of almost every kind.
6. It is impossible for the United States to use means to prevent an illicit commerce with the Spanish Colonies, without interfering in their internal regulations. All they can do, is, to consider the regulations made for that purpose as binding upon their subjects, and not to demand satisfaction if they suffer by the penalties, which the laws attempted to be infringed, may impose. To this they will not object, while the punishment is reasonable, and not confined to crimes committed within the jurisdiction of the power imposing it. If it is extended further, such further extension must depend upon treaties between the United States and Spain, and will be the subject of discussion whenever such treaty shall be set on foot.
7. Spain will be allowed, without the least difficulty, either to purchase vessels built in America, or to appoint agents of her own for building vessels of any kind, as well as for arming them, if she thinks proper, from the iron founderies, which are lately erected here, and which will continue to increase in proportion to the encouragement which shall be given them.
The last question must be referred to a general treaty, and is of such a nature as not to be properly answered here.[23]
I am, with great regard and esteem,
ROBERT R. LIVINGSTON.
FOOTNOTES:
[22] A Spanish gentleman residing in Philadelphia, and apparently intrusted with some kind of agency by the Spanish government.
[23] The question here referred to is as follows; "In case that Spain succeeds in conquering East Florida, what will be the pretensions of Congress in regard to the Southern boundaries of Georgia?"
TO JOHN PAUL JONES.
Philadelphia, April 17th, 1782.
Sir,
I enclose an extract from a protest made by Captain A. de Neef, commanding the brigantine Berkenbosch, which has been transmitted to Congress, and by them to me, in order that I might inquire into the facts therein alleged. I must beg the favor of you to state them to me as far as they come within your knowledge, that measures may be taken to vindicate your reputation, and that of the American flag, if, as I presume, the charges are ill founded, or to repair any injury, which you may undesignedly have occasioned him.
Complaints have been made to Congress by officers and men, who formerly belonged to the crew of the Bon Homme Richard, and the Alliance frigate, of their not having yet been able to obtain the share of prize money due to them; in consequence of which Congress have directed me to draw a memorial to the Court of France, praying its interposition, in obtaining justice for them. As this whole business, as far as I can collect from the Concordat entered into by you and the gentlemen commanding the other vessels under your command, appears to have been a private transaction, I am at a loss upon what to ground an application to the Court, more particularly as neither of the parties have as yet called upon this office with proof of their having applied to M. Chaumont, or been denied justice by him. You will oblige me by giving me all the light in your power upon this subject, if possible, by the next post.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
[21] See an account of these ships in M. de la Luzerne's Correspondence, above, pp. 66–72.
I do myself the honor to lay before Congress the enclosed note from the Minister of France, a letter from the Marquis de Bouillé with translations of both, and the proceedings of the Council of Assembly of Dominique; all of which relate to the case of the ship Resolution's cargo, part of which was adjudged lawful prize by the sentence of the Court of Appeals; and the case of the brigantine Eeirsten and her cargo, which was also adjudged lawful prize by the said Court.[21]
[22] A Spanish gentleman residing in Philadelphia, and apparently intrusted with some kind of agency by the Spanish government.
[23] The question here referred to is as follows; "In case that Spain succeeds in conquering East Florida, what will be the pretensions of Congress in regard to the Southern boundaries of Georgia?"
TO DON FRANCISCO RENDON.[22]
The last question must be referred to a general treaty, and is of such a nature as not to be properly answered here.[23]
