diff options
| author | Roger Frank <rfrank@pglaf.org> | 2025-10-14 20:10:46 -0700 |
|---|---|---|
| committer | Roger Frank <rfrank@pglaf.org> | 2025-10-14 20:10:46 -0700 |
| commit | 7dd499038318f9dea77e65408b987e5210357981 (patch) | |
| tree | 8fdafc95c951d5e75e114e3ba9494182570323f0 /38642-h/38642-h.htm | |
Diffstat (limited to '38642-h/38642-h.htm')
| -rw-r--r-- | 38642-h/38642-h.htm | 21678 |
1 files changed, 21678 insertions, 0 deletions
diff --git a/38642-h/38642-h.htm b/38642-h/38642-h.htm new file mode 100644 index 0000000..eeb4b97 --- /dev/null +++ b/38642-h/38642-h.htm @@ -0,0 +1,21678 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> + +<html xmlns="http://www.w3.org/1999/xhtml"> + <head> + <meta http-equiv="Content-Type" content="text/html;charset=iso-8859-1" /> + <meta http-equiv="Content-Style-Type" content="text/css" /> + <title> + The Project Gutenberg eBook of The Diplomatic Correspondence of the American Revolution (Vol. X), by Jared Sparks. + </title> + <style type="text/css"> + + body { + margin-left: 10%; + margin-right: 10%; + } + + .smcap {font-variant: small-caps;} + .center {text-align: center;} + + h1,h2,h3,h4 { + clear: both; + text-align: center; + } + + p { + margin-top: .75em; + text-align: justify; + } + table { + border-collapse: collapse; + margin-left: auto; + margin-right: auto; + } + + td { + padding: 0em .4em; + } + .lt { + text-align: left; + } + .rt { + text-align: right; + } + .ct { + text-align: center; + } + + .blockquot { + margin-left: 5%; + margin-right: 10%; + } + + .embed_title { + font-weight: bold; + text-align: center; + } + .embed_subtitle { + text-align: center; + font-style: italic; + } + + .footnotes { + border: dashed 1px; + } + + .footnote { + font-size: 0.9em; + margin-left: 10%; + margin-right: 10%; + } + + .footnote .label { + position: absolute; + right: 84%; + text-align: right; + } + + .fnanchor { + font-size: .8em; + text-decoration: none; + vertical-align: super; + } + + .indent1 { + text-indent: 4em; + } + + .letter_head { + padding-right: 2em; + text-align: right; + } + + .letter_open { + padding-left: 2em; + } + + .signed { + margin-left: 65%; + text-align: left; + } + .signed_long { + margin-left: 40%; + text-align: left; + } + + .pagenum { + font-size: 8px; + font-style: normal; + left: 92%; + position: absolute; + text-align: right; + text-indent: 0; + } + .section_break { + border-top: 2px solid gray; + clear: both; + margin-top: 2em; + margin-bottom: 2em; + margin-left: auto; + margin-right: auto; + width: 65%; + } + + #press p { + text-align: center + } + + #press .press { + font-size: 0.8em; + } + + .section_head .correspondence { + display: block; + font-size: 1.2em; + margin-top: 1.5em; + } + + .section_head .name { + display: block; + font-size: 1.4em; + letter-spacing: 0.3em; + } + + .section_head .of { + display: block; + font-size: 0.5em; + margin-top: 1.5em; + margin-bottom: 1.5em; + } + + .section_head .sub_name { + display: block; + font-size: 0.8em; + margin-top: 2em; + } + + .section_head .the { + font-size: 0.5em; + } + + .section_head .thought_break { + border-top: 2px solid black; + clear: both; + margin-top: 2em; + margin-bottom: 2em; + margin-left: auto; + margin-right: auto; + width: 10%; + } + + .thought_break { + border-top: 2px solid silver; + clear: both; + margin-top: 2em; + margin-bottom: 2em; + margin-left: auto; + margin-right: auto; + width: 45%; + } + + #title_page h1 { + line-height: 2; + } + + #title_page p { + margin-left: 20%; + margin-right: 20%; + text-align: center; + } + + #title_page .also { + font-size: 0.8em; + margin-top: 2em; + margin-bottom: 2em; + } + + #title_page .and { + font-variant: small-caps; + text-transform: lowercase; + } + + #title_page .being { + font-size: 0.8em; + margin-top: 2em; + margin-bottom: 2em; + } + + #title_page .boston { + font-size: 1.5em; + letter-spacing: 0.3em; + } + + #title_page .carvill { + font-size: 0.8em; + } + + #title_page .double { + border-top: 6px double black; + clear: both; + margin-top: 2em; + margin-bottom: 2em; + margin-left: auto; + margin-right: auto; + width: 3%; + } + + #title_page .edited { + font-size: 0.8em; + margin-top: 2em; + } + + #title_page .jared { + font-size: 1.5em; + } + + #title_page .the { + font-size: 0.5em; + } + + #title_page .thought_break { + border-top: 2px solid black; + clear: both; + margin-top: 2em; + margin-bottom: 2em; + margin-left: auto; + margin-right: auto; + width: 10%; + } + + #title_page .together { + font-size: 0.8em; + margin-top: 2em; + margin-bottom: 2em; + } + + #title_page .vol { + font-size: 1.5em; + } + + #toc { + margin-left: 15%; + width: 60%; + } + + #toc p { + margin-top: 1.5em; + margin-bottom: 0.1em; + } + + #toc h2 { + line-height: 3; + margin-left: 20% + } + + #toc h3 { + font-size: 1.5em; + line-height: 3; + margin-left: 20% + } + + #toc .blockquot { + font-size: 0.8em; + } + + #toc .blockquot p { + margin-top: 0em; + } + + #toc .of { + font-size: 0.5em; + } + + #toc .page { + left: 70%; + position: absolute; + text-align: right; + width: 10em; + } + + #toc .thought_break { + border-top: 2px solid black; + clear: both; + margin-top: 2em; + margin-bottom: 2em; + margin-left: 55%; + width: 10%; + } + + #toc .volume { + font-size: 1.2em; + letter-spacing: 0.3em; + } + + #trannote { + background-color: silver; + border: solid 2px; + margin-top: 4em; + padding: 0em 1em; + } + + #trannote h2 { + font-size: 1.5em; + font-weight: bold; + text-align: center; + } + + .translation { + font-size: 1.2em; + font-weight: bold; + text-align: center; + } + + .volume_end { + font-size: 0.8em; + font-weight: bold; + text-align: center; + } + + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of The Diplomatic Correspondence of the +American Revolution, Volume X (of 12), by Various + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Diplomatic Correspondence of the American Revolution, Volume X (of 12) + +Author: Various + +Editor: Jared Sparks + +Release Date: January 22, 2012 [EBook #38642] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK DIPLOMATIC CORR.--AMERICAN REVOL. *** + + + + +Produced by Frank van Drogen, Melissa McDaniel and the +Online Distributed Proofreading Team at https://www.pgdp.net +(This file was produced from images generously made +available by the Bibliothèque nationale de France +(BnF/Gallica) at http://gallica.bnf.fr) + + + + + + +</pre> + + +<div id="title_page"> +<h1><span class="the">THE</span><br /> +DIPLOMATIC CORRESPONDENCE<br /> +<span class="the">OF THE</span><br /> +AMERICAN REVOLUTION.</h1> + +<p class="vol">VOL. X.</p> +<div class="section_break"></div> + +<h1><span class="the">THE</span><br /> +DIPLOMATIC CORRESPONDENCE<br /> +<span class="the">OF THE</span><br /> +AMERICAN REVOLUTION;</h1> + +<p class="being">BEING</p> + +<p>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;</p> + +<p class="together">TOGETHER WITH</p> + +<p>THE LETTERS IN REPLY FROM THE SECRET COMMITTEE OF +CONGRESS, AND THE SECRETARY OF FOREIGN AFFAIRS.</p> + +<p class="also">ALSO,</p> + +<p>THE ENTIRE CORRESPONDENCE OF THE FRENCH MINISTERS, +GERARD AND LUZERNE, WITH CONGRESS.</p> + +<div class="thought_break"></div> +<p>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.</p> +<div class="thought_break"></div> +<p class="edited">EDITED</p> + +<p class="jared">BY JARED SPARKS.</p> +<div class="double"></div> +<p class="vol">VOL. X.</p> + +<div class="thought_break"></div> +<p class="boston">BOSTON:</p> + +<p>NATHAN HALE AND GRAY & BOWEN;</p> + +<p class="carvill">G. & C. & H. CARVILL, NEW YORK; P. THOMPSON, WASHINGTON.</p> + +<p>1830.</p> +</div> + +<div class="section_break"></div> +<div id="press"> +<p class="press">Steam Power Press—W. L. Lewis' Print.</p> +<p>No. 6, Congress Street, Boston</p> +</div> + +<div class="section_break"></div> +<div id="toc"> +<h2>CONTENTS<br /> +<span class="of">OF THE</span><br /> +<span class="volume">TENTH VOLUME.</span></h2> + +<div class="thought_break"></div> +<h3>GENERAL LAFAYETTE'S CORRESPONDENCE.</h3> + +<div class="thought_break"></div> + +<p> <span class="page">Page.</span></p> + +<p>Resolve of Congress respecting General Lafayette. +In Congress, November 23d, 1781,<span class="page"><a href="#Page_5">5</a></span></p> + +<div class="blockquot"><p> +Expressing their sense of his services, and directing +the foreign Ministers and other officers of the +United States to consult with him. +</p></div> + +<p>To Robert R. Livingston. Antony, near Paris, +March 30th, 1782,<span class="page"><a href="#Page_7">7</a></span></p> + +<div class="blockquot"><p> +Ministerial changes in England. +</p></div> + +<p>To Robert R. Livingston. St Germain, June 25th, +1782,<span class="page"><a href="#Page_8">8</a></span></p> + +<div class="blockquot"><p> +Composition, character, and policy of the Shelburne +Ministry.—Defeat of Count de Grasse.—Siege of +Gibraltar. +</p></div> + +<p>Robert R. Livingston to M. de Lafayette. Philadelphia, +September 18th, 1782,<span class="page"><a href="#Page_15">15</a></span></p> + +<div class="blockquot"><p> +The Count de Segur.—Character of the British +Ministry. +</p></div> + +<p>Robert R. Livingston to M. de Lafayette. Philadelphia, +November 2d, 1782,<span class="page"><a href="#Page_16">16</a></span></p> + +<div class="blockquot"><p> +Political and military state of America. +</p></div> + +<p>To the President of Congress. Brest, December +3d, 1782,<span class="page"><a href="#Page_19">19</a></span></p> + +<div class="blockquot"><p> +Is about to embark on a voyage in the service of +America. +</p></div> + +<p>Robert R. Livingston to M. de Lafayette. Philadelphia, +January 10th, 1783,<span class="page"><a href="#Page_20">20</a></span></p> + +<div class="blockquot"><p> +Discontents in the army on account of the want of +money.—Regrets the departure of the French +troops. +</p></div> +<p><span class="pagenum"><a name="Page_vi" id="Page_vi">vi</a></span></p> + +<p>To William Carmichael, at Madrid. Cadiz, January +20th, 1783,<span class="page"><a href="#Page_22">22</a></span></p> + +<div class="blockquot"><p> +America ought to treat with Spain only on an equal +footing. +</p></div> + +<p>To Robert R. Livingston. Cadiz, February 5th, +1783,<span class="page"><a href="#Page_24">24</a></span></p> + +<div class="blockquot"><p> +Objects of his voyage.—Mr Carmichael desires his +presence at Madrid.—Disposition of Spain.—Southern +boundaries.—Recommends Mr Harrison +to be Consul at Cadiz. +</p></div> + +<p>To the President of Congress. Cadiz, February +5th, 1783,<span class="page"><a href="#Page_28">28</a></span></p> + +<div class="blockquot"><p> +Congratulations on the peace.—Desires the annexation +of Canada to the United States.—His presence +required in Madrid. +</p></div> + +<p>To the Count de Florida Blanca. Madrid, February +19th, 1783,<span class="page"><a href="#Page_30">30</a></span></p> + +<div class="blockquot"><p> +Submitting to his revision the results of previous +conferences on American affairs. +</p></div> + +<p>Count de Florida Blanca to M. de Lafayette. +Pardo, February 22d, 1783,<span class="page"><a href="#Page_32">32</a></span></p> + +<div class="blockquot"><p> +Acknowledges the correctness of the statements contained +in the preceding letter.—The King is disposed +to settle the affair of the boundaries amicably. +</p></div> + +<p>To the Count de Florida Blanca. Madrid, February +22d, 1783,<span class="page"><a href="#Page_33">33</a></span></p> + +<div class="blockquot"><p> +The Spanish Minister explains his sentiments +concerning the boundary. +</p></div> + +<p>To Robert R. Livingston. Bordeaux, March 2d, +1783,<span class="page"><a href="#Page_33">33</a></span></p> + +<div class="blockquot"><p> +Interviews with the Count de Florida Blanca.—The +Spanish Court fears the effect of the American +revolution on its Colonies.—Conferences with +the other Spanish Ministers.—Disposition of the +Spanish Court towards the United States.—Urges +the necessity of strengthening the union. +</p></div> + +<p>Robert R. Livingston to M. de Lafayette. Philadelphia, +May 1st, 1783,<span class="page"><a href="#Page_38">38</a></span></p> + +<div class="blockquot"><p> +Acknowledges the importance of his correspondence, +and his services in Europe in the cause of America.—Proceedings +in America in consequence of +the ratification of the Provisional Articles. +</p></div> + +<p>To the President of Congress. Chavaniac, in the +Province of Auvergne, July 20th, 1783,<span class="page"><a href="#Page_40">40</a></span></p> + +<div class="blockquot"><p>Russia is determined on a Turkish war.—Endeavors +to obtain L'Orient and Marseilles as free ports. +</p></div> +<p><span class="pagenum"><a name="Page_vii" id="Page_vii">vii</a></span></p> + +<p>To the President of Congress. Nantes, September +7th, 1783,<span class="page"><a href="#Page_42">42</a></span></p> + +<div class="blockquot"><p> +Applies to the French Ministry and the American +Commissioners on the subject of American debts.—Commerce +between France and America.—Warlike +preparations in the East.—Necessity of conciliating +the army and cementing the union.—Will +return to America as soon as his presence in +Europe ceases to be useful. +</p></div> + +<p>To the President of Congress. Paris, December +26th, 1783,<span class="page"><a href="#Page_45">45</a></span></p> + +<div class="blockquot"><p> +Changes in the British Ministry.—Affairs in the +East. +</p></div> + +<p>To John Jay, Secretary of Foreign Affairs. Mount +Vernon, November 25th, 1784,<span class="page"><a href="#Page_46">46</a></span></p> + +<div class="blockquot"><p> +Regrets the publication of certain papers relating to +the Indian treaty. +</p></div> + +<p>To John Jay. Versailles, February 8th, 1785,<span class="page"><a href="#Page_48">48</a></span></p> + +<div class="blockquot"><p> +Affairs of Europe. +</p></div> + +<p>To John Jay. Paris, March 19th, 1785,<span class="page"><a href="#Page_50">50</a></span></p> + +<div class="blockquot"><p> +Urges the surrender of New Orleans to America, or +the declaration of it as a free port.—European +affairs.—Opposition of the mercantile interest to a +liberal commercial policy. +</p></div> + +<p>To John Jay. Paris, May 11th, 1785,<span class="page"><a href="#Page_51">51</a></span></p> + +<div class="blockquot"><p> +European affairs.—Endeavors to obtain privileges for +the American trade in France.—Intends to visit +the south of France and Germany. +</p></div> + +<p>To John Jay. Vienna, September 6th, 1785,<span class="page"><a href="#Page_52">52</a></span></p> + +<div class="blockquot"><p> +Calls the attention of Congress to the Memorial of +M. d'Argaynarat. +</p></div> + +<p>To John Jay. Paris, February 11th, 1786,<span class="page"><a href="#Page_53">53</a></span></p> + +<div class="blockquot"><p> +Sentiments of the German Courts concerning America.—The +stability of democratical forms of government, +and of the union of the States distrusted +in Europe.—European affairs. +</p></div> + +<p>To John Jay. Paris, October 28th, 1786,<span class="page"><a href="#Page_57">57</a></span></p> + +<div class="blockquot"><p> +Expresses his astonishment that M. Gardoqui should +raise any doubts respecting the adoption of the +English limits in America.—The navigation of the +Mississippi must be enjoyed by the United States.—The +appointment of the convention has a good +effect in Europe.—Recommends a confederacy of +America and the powers of southern Europe +against the Barbary States. +</p></div> + +<p>To John Jay. Paris, February 7th, 1787,<span class="page"><a href="#Page_59">59</a></span></p> + +<div class="blockquot"><p> +European affairs.—The disturbances in New England +excite distrust in Europe. +</p></div> + +<p>To John Jay. Paris, May 3d, 1787,<span class="page"><a href="#Page_60">60</a></span></p> + +<div class="blockquot"><p> +Proceedings of the notables in France.—The interest +<span class="pagenum"><a name="Page_viii" id="Page_viii">viii</a></span> +of the American debt unpaid.—Hopes from the +convention at Philadelphia.—Character of Brienne. +</p></div> + +<p>To John Jay. Paris, October 15th, 1787,<span class="page"><a href="#Page_63">63</a></span></p> + +<div class="blockquot"><p> +State of affairs in Europe.—Effects of a maritime +war on America.—The present time favorable for +obtaining the restoration of the forts and the navigation +of the Mississippi. +</p></div> + +<div class="thought_break"></div> + +<h3>THE CORRESPONDENCE OF THE COMMISSIONERS +FOR NEGOTIATING A PEACE +WITH GREAT BRITAIN.</h3> +<div class="thought_break"></div> + +<p>Commission to treat of Peace,<span class="page"><a href="#Page_71">71</a></span></p> + +<p>Commission to accept the mediation of the Empress +of Russia and the Emperor of Germany,<span class="page"><a href="#Page_73">73</a></span></p> + +<p>Instructions to the Commissioners for Peace. In +Congress, June 15th, 1781,<span class="page"><a href="#Page_75">75</a></span></p> + +<p>The King's warrant for Richard Oswald's first Commission +for negotiating Peace,<span class="page"><a href="#Page_76">76</a></span></p> + +<p>Richard Oswald's second Commission for negotiating +Peace,<span class="page"><a href="#Page_80">80</a></span></p> + +<p>Commission to William T. Franklin,<span class="page"><a href="#Page_83">83</a></span></p> + +<div class="blockquot"><p> +From Benjamin Franklin and John Jay, appointing +him Secretary to the Commissioners. +</p></div> + +<p>Resolutions of Congress. In Congress, October 3d, +1782,<span class="page"><a href="#Page_86">86</a></span></p> + +<div class="blockquot"><p> +Declaring their intention to adhere to their alliance +with France, and to prosecute the war till the conclusion +of a general peace, and their entire confidence +in the support of France. +</p></div> + +<p>Articles agreed on between the American and British +Commissioners. October 8th, 1782,<span class="page"><a href="#Page_88">88</a></span></p> + +<p>Richard Oswald to the Commissioners. Paris, November +4th, 1782,<span class="page"><a href="#Page_92">92</a></span></p> + +<div class="blockquot"><p> +Insisting on the restoration of the property confiscated +for attachment to the British cause, and on +a general amnesty. +</p></div> + +<p>Articles taken to England by Mr Strachey. November +5th, 1782,<span class="page"><a href="#Page_94">94</a></span></p> + +<p>H. Strachey to the Commissioners. Paris, November +5th, 1782,<span class="page"><a href="#Page_98">98</a></span></p> + +<div class="blockquot"><p> +Urging the indemnification of the refugees as indispensable +to peace. +</p></div> +<p><span class="pagenum"><a name="Page_ix" id="Page_ix">ix</a></span></p> + +<p>To Richard Oswald. Paris, November 5th, 1782,<span class="page"><a href="#Page_99">99</a></span></p> + +<div class="blockquot"><p> +Restitution of the estates of the refugees is impossible.—Indemnification +can only be granted on condition +of retribution to American citizens for the +destruction of their property during the war.—The +amnesty cannot be extended any further. +</p></div> + +<p>To H. Strachey. Paris, November 6th, 1782,<span class="page"><a href="#Page_101">101</a></span></p> + +<div class="blockquot"><p> +Enclosing the preceding letter. +</p></div> + +<p>Third set of Articles. November 25th, 1782,<span class="page"><a href="#Page_101">101</a></span></p> + +<p>Article proposed and read to the Commissioners, +before signing the Preliminary Articles,<span class="page"><a href="#Page_106">106</a></span></p> + +<div class="blockquot"><p> +Demanding compensation for all the private property +seized or destroyed during the war.—<span class="smcap">Facts</span> in +regard to this subject. +</p></div> + +<p>To M. de Lafayette. Paris, November 28th, 1782,<span class="page"><a href="#Page_108">108</a></span></p> + +<div class="blockquot"><p> +Approve of his return to America. +</p></div> + +<p>Provisional Articles of Peace,<span class="page"><a href="#Page_109">109</a></span></p> + +<p>To Francis Dana at Petersburg. Paris, December +12th, 1782,<span class="page"><a href="#Page_116">116</a></span></p> + +<div class="blockquot"><p> +Informing him of the signing of the Provisional +Articles, and advising the communication of his +mission. +</p></div> + +<p>To Robert R. Livingston. Paris, December 14th, +1782,<span class="page"><a href="#Page_117">117</a></span></p> + +<div class="blockquot"><p> +Enclosing a copy of the preliminaries of peace, with +remarks on some of the articles. +</p></div> + +<p>Resolution of Congress respecting Commercial +Stipulations. In Congress, December 31st, 1782,<span class="page"><a href="#Page_121">121</a></span></p> + +<div class="blockquot"><p> +Instructing the Commissioners to stipulate for a +direct commerce between the British dominions +and the United States. +</p></div> + +<p>English Commissioners' Declaration of the Cessation +of Hostilities. Paris, January 20th, 1783,<span class="page"><a href="#Page_121">121</a></span></p> + +<p>Signature of the above Declaration by the American +Commissioners,<span class="page"><a href="#Page_123">123</a></span></p> + +<p>British King's Proclamation, Declaring a Cessation +of Arms,<span class="page"><a href="#Page_124">124</a></span></p> + +<p>Alleyne Fitzherbert to the Commissioners. Paris, +February 18th, 1783,<span class="page"><a href="#Page_126">126</a></span></p> + +<div class="blockquot"><p> +Enclosing passports for American vessels and the +preceding proclamation. +</p></div> + +<p>American Commissioners' Declaration of the Cessation +of Hostilities,<span class="page"><a href="#Page_127">127</a></span></p> + +<p>Robert R. Livingston to the Commissioners. +Philadelphia, March 25th, 1783,<span class="page"><a href="#Page_129">129</a></span></p> + +<div class="blockquot"><p> +General satisfaction with the Preliminary Articles.—Remarks +on the 5th Article.—Regrets the signing +<span class="pagenum"><a name="Page_x" id="Page_x">x</a></span> +of the treaty without communication with the +French Court, and the concealing of the Separate +Article. +</p></div> + +<p>Proclamation of Congress, Declaring a Cessation of Arms,<span class="page"><a href="#Page_133">133</a></span></p> + +<p>Robert R. Livingston to the Commissioners. Philadelphia, +April 21st, 1783,<span class="page"><a href="#Page_136">136</a></span></p> + +<div class="blockquot"><p> +Proceedings in Congress relative to the ratification +of the Provisional Articles.—Points out some ambiguities +in the Articles. +</p></div> + +<p>Mr Grand to the Commissioners. Paris, May 10th, +1783,<span class="page"><a href="#Page_139">139</a></span></p> + +<div class="blockquot"><p> +Enclosing a statement of sums for which he is responsible +on behalf of the United States.—Difficulty +of meeting the payment. +</p></div> + +<p>M. de Lafayette to the Commissioners. Paris, +May 12th, 1783,<span class="page"><a href="#Page_141">141</a></span></p> + +<div class="blockquot"><p> +Is requested by the Count de Vergennes to inquire +if the Commissioners will conclude the treaty +under the mediation of Austria and Russia. +</p></div> + +<p>David Hartley's Commission,<span class="page"><a href="#Page_142">142</a></span></p> + +<p>An Order of the British Council. At the Court of +St James, May 14th, 1783,<span class="page"><a href="#Page_144">144</a></span></p> + +<div class="blockquot"><p> +Authorising the importation of unmanufactured +articles from the United States, and allowing the +same privileges on merchandise exported into the +United States, as upon those exported to the +foreign dominions of Great Britain. +</p></div> + +<p>Count de Vergennes' Proposed New Articles,<span class="page"><a href="#Page_146">146</a></span></p> + +<div class="blockquot"><p> +Interpreting the 2d and 3d Articles of the treaty of +commerce of 1778, so as to place the two powers +mutually on the footing of the most favored nation. +</p></div> + +<p>To Mr Grand. Paris, May 22d, 1783,<span class="page"><a href="#Page_147">147</a></span></p> + +<div class="blockquot"><p> +Regret that they cannot relieve his difficulties. +</p></div> + +<p>Robert R. Livingston to the Commissioners. Philadelphia, +May 28th, 1783,<span class="page"><a href="#Page_148">148</a></span></p> + +<div class="blockquot"><p> +Violation of the Articles of the Provisional Treaty, +by the British General sending off slaves.—Complains +of want of information from the Commissioners. +</p></div> + +<p>Robert R. Livingston to the Commissioners. Philadelphia, +May 31st, 1783,<span class="page"><a href="#Page_149">149</a></span></p> + +<div class="blockquot"><p> +Propositions from Holland.—Congress will be averse +to engagements that may involve them in European +quarrels.—Dissatisfaction with the 5th and +6th Preliminary Articles. +</p></div> + +<p>John Adams's Proposed Agreement. June, 1783,<span class="page"><a href="#Page_151">151</a></span></p> + +<p>John Jay's Proposed Agreement. June, 1783,<span class="page"><a href="#Page_153">153</a></span> +<span class="pagenum"><a name="Page_xi" id="Page_xi">xi</a></span></p> + +<p>David Hartley's Proposed Agreement. June, 1783,<span class="page"><a href="#Page_154">154</a></span></p> + +<p>Report of a Committee of Congress,<span class="page"><a href="#Page_155">155</a></span></p> + +<div class="blockquot"><p> +On the proposition of Holland, that America should +accede to the treaty of the armed neutrality and conclude +a similar treaty with the other belligerents.—Congress +came to the resolution, to instruct the +Commissioners not to enter into any engagement, +which should bind the contracting parties to support +it by arms. +</p></div> + +<p>David Hartley to the Commissioners. Paris, June +14th, 1783,<span class="page"><a href="#Page_158">158</a></span></p> + +<div class="blockquot"><p> +The British Court desires a sincere reconciliation of +the two countries.—It is not an exact literal reciprocity +that is desirable, but a substantial reciprocity.—The +old British policy cannot easily be +abandoned at once.—A temporary convention between +the two powers would tend to remove the +difficulties in the way of an entire reconciliation +and reciprocity. +</p></div> + +<p>David Hartley's Memorial to the Commissioners,<span class="page"><a href="#Page_165">165</a></span></p> + +<div class="blockquot"><p> +On the proposed reciprocity of intercourse between +Great Britain and America.—Circumstances which +must prevent a permanent connexion between +America and France; Spain; the Italian powers; +the Northern powers; Holland.—Great Britain +and America must be connected in friendly or +hostile relations. +</p></div> + +<p>The President of Congress to the Commissioners. +Philadelphia, June 16th, 1783,<span class="page"><a href="#Page_172">172</a></span></p> + +<div class="blockquot"><p> +Transmitting papers in consequence of Mr Livingston's +resignation. +</p></div> + +<p>Henry Laurens to the Commissioners. London, +June 17th, 1783,<span class="page"><a href="#Page_173">173</a></span></p> + +<div class="blockquot"><p> +Interview with Mr Fox.—Symptoms of coldness. +</p></div> + +<p>The President of Congress to B. Franklin. Philadelphia, +June 18th, 1783,<span class="page"><a href="#Page_174">174</a></span></p> + +<div class="blockquot"><p> +Thanks him for medals.—The Americans are irritated +by the British holding New York and sending +away negroes. +</p></div> + +<p>Henry Laurens to the Commissioners. London, +June 20th, 1783,<span class="page"><a href="#Page_176">176</a></span></p> + +<div class="blockquot"><p> +Coolness of the Ministry. +</p></div> + +<p>To the Count de Vergennes. Passy, June 28th, +1783,<span class="page"><a href="#Page_177">177</a></span></p> + +<div class="blockquot"><p> +Desiring assistance to meet the bills drawn by Mr +Morris. +</p></div> + +<p>Propositions made by the Commissioners to David +Hartley for the Definitive Treaty,<span class="page"><a href="#Page_178">178</a></span> +<span class="pagenum"><a name="Page_xii" id="Page_xii">xii</a></span></p> +<p>MISSING PAGE</p> +<p><span class="pagenum"><a name="Page_xiii" id="Page_xiii">xiii</a></span></p> + +<p> +To the President of Congress. Passy, September +10th, 1783,<span class="page"><a href="#Page_214">214</a></span></p> + +<div class="blockquot"><p> +Recommending Mr Thaxter.—Account of their negotiations +subsequent to the signing of the Provisional +Articles.—The articles relating to the tories.—Injurious +impressions made in Europe by the +popular assemblies in America.—Recommends the +appointment of a Minister to Great Britain.—Connexions +with other powers.—Necessity of a +common national policy in the States. +</p></div> + +<p>From Congress to the Commissioners. October +29th, 1783,<span class="page"><a href="#Page_222">222</a></span></p> + +<div class="blockquot"><p> +Instructing them to express to the Emperor the desire +of Congress to enter into a treaty of amity and +commerce with him; to meet the advances of +other European powers on the basis of perfect +equality and reciprocity; to demand satisfaction of +the Danish Court for the seizure of American +prizes in Danish ports; to report to Congress information +as to the expedition of Commodore +Jones; to take no further steps for the admission +of the United States into the confederacy of the +neutral powers; to hasten the conclusion of the +Definitive Treaty; to negotiate an explanation of +a paragraph in the Declaration of the cessation of +hostilities.—Authorising Mr Jay to call Mr Carmichael +to Paris for the purpose of adjusting their +accounts.—Giving Mr Jay leave to go to Bath. +</p></div> + +<p>Ratification of the Definitive Treaty by Congress,<span class="page"><a href="#Page_226">226</a></span></p> + +<p>Proclamation of Congress respecting the Definitive +Treaty,<span class="page"><a href="#Page_226">226</a></span></p> + +<div class="blockquot"><p> +Accompanied by Resolutions recommending the +adoption of measures by the States for the restitution +of confiscated property of British subjects. +</p></div> + +<p>Ratification of the Definitive Treaty by Great +Britain,<span class="page"><a href="#Page_229">229</a></span></p> + +<h3>CONRAD ALEXANDER GERARD'S CORRESPONDENCE.</h3> + +<p>Letter from the King of France to Congress,<span class="page"><a href="#Page_235">235</a></span></p> + +<div class="blockquot"><p> +Letter of credence for M. Gerard, in the character of +Minister of France to the United States. +</p></div> + +<p>Appointment of Consul-General of France in the +United States,<span class="page"><a href="#Page_236">236</a></span></p> + +<p>The King of France to Congress,<span class="page"><a href="#Page_238">238</a></span></p> + +<div class="blockquot"><p> +Letter of credence for Count d'Estaing. +</p></div> +<p><span class="pagenum"><a name="Page_xiv" id="Page_xiv">xiv</a></span></p> + +<p>Count d'Estaing to the President of Congress. At +Sea, July 8th, 1778,<span class="page"><a href="#Page_239">239</a></span></p> + +<div class="blockquot"><p> +Communicating his credentials and his readiness to +co-operate with General Washington.—M. Gerard. +</p></div> + +<p>Resolves of Congress respecting the Count d'Estaing's +Letter, and the reception of M. Gerard. +In Congress, July 11th, 1778,<span class="page"><a href="#Page_241">241</a></span></p> + +<p>To the President of Congress. Philadelphia, July +14th, 1778,<span class="page"><a href="#Page_243">243</a></span></p> + +<div class="blockquot"><p> +Offering the protection of Count d'Estaing's squadron +to the armed vessels of the United States. +</p></div> + +<p>To the President of Congress. Philadelphia, July +14th, 1778,<span class="page"><a href="#Page_244">244</a></span></p> + +<div class="blockquot"><p> +Requesting Congress to make provision for the English +prisoners on board the French squadron. +</p></div> + +<p>Ceremonial of admitting the French Minister to +Congress. In Congress, July 20th, 1778,<span class="page"><a href="#Page_245">245</a></span></p> + +<p>To the President of Congress. Philadelphia, November +9th, 1778,<span class="page"><a href="#Page_251">251</a></span></p> + +<div class="blockquot"><p> +Requesting Congress to take measures for the sailing +of vessels with supplies for the French forces. +</p></div> + +<p>To the President of Congress. Philadelphia, November +20th, 1778,<span class="page"><a href="#Page_253">253</a></span></p> + +<div class="blockquot"><p> +Informing Congress, that it is not usual to publish +treaties until the ratifications have been exchanged. +</p></div> + +<p>Notes of M. Gerard to Congress. Philadelphia, +December 2d, 1778,<span class="page"><a href="#Page_253">253</a></span></p> + +<div class="blockquot"><p> +Method of rendering acts in America valid in France.—Plan +for discharging the debt due to Hortalez +& Co. by furnishing the French forces in +America with provisions at the expense of the +United States. +</p></div> + +<p>To the President of Congress. Philadelphia, December +6th, 1778,<span class="page"><a href="#Page_254">254</a></span></p> + +<div class="blockquot"><p> +Intends to encourage the capture of ships loaded +with ship-timber by privateers. +</p></div> + +<p>To the President of Congress. Philadelphia, December +7th, 1778,<span class="page"><a href="#Page_255">255</a></span></p> + +<div class="blockquot"><p> +Requesting to be informed if the United States have +reserved the liberty of treating separately with +England. +</p></div> + +<p>To the President of Congress. Philadelphia, December +14th, 1778,<span class="page"><a href="#Page_257">257</a></span></p> + +<div class="blockquot"><p> +On the purchase of flour and rice for the French +fleet. +</p></div> +<p><span class="pagenum"><a name="Page_xv" id="Page_xv">xv</a></span></p> + +<p>To the President of Congress. Philadelphia, January +4th, 1779,<span class="page"><a href="#Page_258">258</a></span></p> + +<div class="blockquot"><p> +The articles furnished by Beaumarchais were sold to +him by the government, who is, therefore, a creditor +of the United States. +</p></div> + +<p>To the President of Congress. Philadelphia, January +5th, 1779,<span class="page"><a href="#Page_260">260</a></span></p> + +<div class="blockquot"><p> +Complaining of certain assertions in the newspapers, +which imply that France had assisted America +previous to the alliance. +</p></div> + +<p>To the President of Congress. Philadelphia, January +10th, 1779,<span class="page"><a href="#Page_262">262</a></span></p> + +<div class="blockquot"><p> +Urging an answer of Congress to the representations +of the preceding letter.—Answer of Congress disproving +the passages referred to. +</p></div> + +<p>To the President of Congress. Philadelphia, January +14th, 1779,<span class="page"><a href="#Page_263">263</a></span></p> + +<div class="blockquot"><p> +Acknowledging the answer of Congress abovementioned. +</p></div> + +<p>To the President of Congress. Philadelphia, January +15th, 1779,<span class="page"><a href="#Page_264">264</a></span></p> + +<div class="blockquot"><p> +Relative to the sentiments of Congress concerning +certain French officers. +</p></div> + +<p>Messrs Duportail, La Radiere, and Laumoy to M. +Gerard. Philadelphia, January 15th, 1779,<span class="page"><a href="#Page_265">265</a></span></p> + +<div class="blockquot"><p> +Consenting to remain in the service of the United +States. +</p></div> + +<p>To the President of Congress. Philadelphia, February +3d, 1779,<span class="page"><a href="#Page_267">267</a></span></p> + +<div class="blockquot"><p> +Supply of provisions for the French fleet in the Gulf +of Mexico. +</p></div> + +<p>To the President of Congress. Philadelphia, February +8th, 1779,<span class="page"><a href="#Page_267">267</a></span></p> + +<div class="blockquot"><p> +Requesting to be admitted to an audience by Congress. +</p></div> + +<p>To the President of Congress. Philadelphia, February +9th, 1779,<span class="page"><a href="#Page_268">268</a></span></p> + +<div class="blockquot"><p> +The King of France grants a new supply of seven +hundred and fifty thousand livres.—The articles +furnished by Beaumarchais were not a present +from France.—The French Court cannot answer +for the house of Hortalez & Co. +</p></div> + +<p>To the President of Congress. Philadelphia, February +9th, 1779,<span class="page"><a href="#Page_269">269</a></span></p> + +<div class="blockquot"><p> +The King of Spain has determined to adopt decisive +measures.—Advises the nomination of agents to +conduct the negotiations for peace.—Conference +of M. Gerard with Congress. +</p></div> +<p><span class="pagenum"><a name="Page_xvi" id="Page_xvi">xvi</a></span></p> + +<p>To the President of Congress. Philadelphia, March +14th, 1779,<span class="page"><a href="#Page_272">272</a></span></p> + +<div class="blockquot"><p> +Relative to means of regulating the rate of exchange. +</p></div> + +<p>To the President of Congress. Philadelphia, March +16th, 1779,<span class="page"><a href="#Page_272">272</a></span></p> + +<div class="blockquot"><p> +Requesting facilities for transporting French prisoners. +</p></div> + +<p>To the President of Congress. Philadelphia, March +17th, 1779,<span class="page"><a href="#Page_273">273</a></span></p> + +<div class="blockquot"><p> +Urging the measures for conducting the negotiations +for peace.—The delay of this measure creates +suspicions of divisions in Congress. +</p></div> + +<p>To the President of Congress. Philadelphia, March +31st, 1779,<span class="page"><a href="#Page_275">275</a></span></p> + +<div class="blockquot"><p> +Intention of returning to France.—Urges the sending +out of Ministers with full powers to treat. +</p></div> + +<p>To the President of Congress. Mount Pleasant, +April 6th, 1779,<span class="page"><a href="#Page_276">276</a></span></p> + +<div class="blockquot"><p> +Communicating extracts of letters from Martinique. +</p></div> + +<p>To the President of Congress. Philadelphia, April +24th, 1779,<span class="page"><a href="#Page_279">279</a></span></p> + +<div class="blockquot"><p> +Respecting the capture of two Spanish vessels by +American privateers, and their condemnation.—Memorial +of Don Juan de Miralles to M. Gerard +on this subject. +</p></div> + +<p>To the President of Congress. Philadelphia, May +3d, 1779,<span class="page"><a href="#Page_283">283</a></span></p> + +<div class="blockquot"><p> +Urging Congress to adopt measures for taking part +in the negotiations for peace. +</p></div> + +<p>To the President of Congress. May 4th, 1779,<span class="page"><a href="#Page_284">284</a></span></p> + +<div class="blockquot"><p> +Communicating a note of the King of France. +</p></div> + +<p>From the King of France to Congress,<span class="page"><a href="#Page_284">284</a></span></p> + +<div class="blockquot"><p> +Informing them of the birth of a Princess. +</p></div> + +<p>To the President of Congress. Philadelphia, May +6th, 1779,<span class="page"><a href="#Page_285">285</a></span></p> + +<div class="blockquot"><p> +Urging measures for entering into the negotiations.—The +British government intend to push the war +with vigor.—Further grant of supplies. +</p></div> + +<p>To the President of Congress. Philadelphia, May +9th, 1779,<span class="page"><a href="#Page_287">287</a></span></p> + +<div class="blockquot"><p> +Count d'Estaing will appear on the American coasts +in compliance with the wishes of Congress.—Desires +that supplies may be in readiness on the arrival +of the fleet. +</p></div> + +<p>To the President of Congress. Philadelphia, May +9th, 1779,<span class="page"><a href="#Page_289">289</a></span></p> + +<div class="blockquot"><p> +On the proposed co-operation of Count d'Estaing. +</p></div> +<p><span class="pagenum"><a name="Page_xvii" id="Page_xvii">xvii</a></span></p> + +<p>To the President of Congress. Philadelphia, May +19th, 1779,<span class="page"><a href="#Page_290">290</a></span></p> + +<div class="blockquot"><p> +Communicating the succeeding Memorial on the +Spanish vessels brought into port by American +privateers.—Reply of Congress, promising reparation +in case of injustice. +</p></div> + +<p>To the President of Congress. Philadelphia, May +22d, 1779,<span class="page"><a href="#Page_294">294</a></span></p> + +<div class="blockquot"><p> +Objects of the alliance between France and the +United States.—Consequent measures of the +French government.—Extent of the engagements +of France.—Necessity of speedy measures on the +part of Congress for participating in the negotiations +for peace. +</p></div> + +<p>To the President of Congress. Philadelphia, May +24th, 1779,<span class="page"><a href="#Page_299">299</a></span></p> + +<div class="blockquot"><p> +Expressing his satisfaction with the arrangements of +Congress for levying supplies by a tax. +</p></div> + +<p>To the President of Congress. Philadelphia, May +25th, 1779,<span class="page"><a href="#Page_301">301</a></span></p> + +<div class="blockquot"><p> +Acknowledges the reception of resolutions of Congress, +expressing their determination to retaliate +for cruelties committed by the English on French +subjects in America, in the same manner as if +committed on citizens of the States. +</p></div> + +<p>To the President of Congress. Philadelphia, May +27th, 1779,<span class="page"><a href="#Page_302">302</a></span></p> + +<div class="blockquot"><p> +Importance of a speedy decision of Congress in regard +to the negotiations for peace, for securing the +favor of Spain, and for facilitating the co-operation +of the French forces in America. +</p></div> + +<p>To the President of Congress. Philadelphia, June +21st, 1779,<span class="page"><a href="#Page_305">305</a></span></p> + +<div class="blockquot"><p> +Proposing the adoption of measures for maintaining +the immunity of the French flag in the United +States. +</p></div> + +<p>To the President of Congress. Philadelphia, July +5th, 1779,<span class="page"><a href="#Page_306">306</a></span></p> + +<div class="blockquot"><p> +Relative to the loading and destination of a French +supply ship.—Frauds committed in exporting provisions +for the French fleet. +</p></div> + +<p>To the President of Congress. Philadelphia, July +5th, 1779,<span class="page"><a href="#Page_309">309</a></span></p> + +<div class="blockquot"><p> +Requesting that protection may be given to the +provisions purchased for the French forces.—Desires +to know if a sufficient supply can be obtained +in the States. +</p></div> +<p><span class="pagenum"><a name="Page_xviii" id="Page_xviii">xviii</a></span></p> + +<p>Report of a Committee respecting a Conference +with the Minister of France. In Congress, July +10th, 1779,<span class="page"><a href="#Page_312">312</a></span></p> + +<div class="blockquot"><p> +Containing seven articles read by the Minister, +with his verbal explanations on each article, relating +to the claims of Beaumarchais, the disavowal +by Congress of any disposition to conclude +a separate peace, the appointment of a Minister +Plenipotentiary to France, the want of preparation +for the approaching campaign on the part of the +States, the desire of the English Court to be reconciled +with France without an express acknowledgment +of American independence, &c. +</p></div> + +<p>To the President of Congress. Philadelphia, July +26th, 1779,<span class="page"><a href="#Page_323">323</a></span></p> + +<div class="blockquot"><p> +Returning thanks for the permission to expedite the +supply ship, and requesting an examination into +the pretended frauds, practised with regard to the +ships employed in carrying provisions to the +French fleet. +</p></div> + +<p>To the President of Congress. Philadelphia, July +26th, 1779,<span class="page"><a href="#Page_324">324</a></span></p> + +<div class="blockquot"><p> +Requesting that the provisions destined for the +French fleet may remain in the public magazines. +</p></div> + +<p>To the President of Congress. Philadelphia, July +26th, 1779,<span class="page"><a href="#Page_324">324</a></span></p> + +<div class="blockquot"><p> +Demanding satisfaction for the attacks made on M. +Holker, French Consul, and requesting the adoption +of measures for protecting the officers of +France from future insults. +</p></div> + +<p>M. Gerard to the President of the State of Pennsylvania. +Philadelphia, July 26th, 1779,<span class="page"><a href="#Page_327">327</a></span></p> + +<p>M. Holker to Joseph Reed, President of Pennsylvania. +Philadelphia, July 24th, 1779,<span class="page"><a href="#Page_331">331</a></span></p> + +<p>To the President of Congress. Philadelphia, July +28th, 1779,<span class="page"><a href="#Page_334">334</a></span></p> + +<div class="blockquot"><p> +Enclosing certain papers relative to M. Holker, viz.; +</p></div> + +<p>Joseph Reed to M. Holker. Philadelphia, July +24th, 1779,<span class="page"><a href="#Page_335">335</a></span></p> + +<p>Joseph Reed to William Henry, Chairman of the +Committee. Walnut Street, July 23d, 1779,<span class="page"><a href="#Page_337">337</a></span></p> + +<p>William Henry to Joseph Reed. Friday Afternoon, +5 o'clock, Committee Room,<span class="page"><a href="#Page_338">338</a></span></p> + +<p>M. Holker to M. Gerard. Philadelphia, July 29th, +1779,<span class="page"><a href="#Page_339">339</a></span></p> + +<div class="blockquot"><p> +Transmitting papers relative to the affair of the +flour at Wilmington. +</p></div> +<p><span class="pagenum"><a name="Page_xix" id="Page_xix">xix</a></span></p> + +<p>To the President of Congress. Philadelphia, July +30th, 1779,<span class="page"><a href="#Page_340">340</a></span></p> + +<div class="blockquot"><p> +Transmitting papers relative to M. Holker. +</p></div> + +<p>Resolves of Congress. In Congress, July 30th, +1779,<span class="page"><a href="#Page_341">341</a></span></p> + +<div class="blockquot"><p> +Resolves, assuring the protection of the United +States to the officers of his Most Christian Majesty, +approving the conduct of M. Holker, &c. +</p></div> + +<p>The President of Pennsylvania to M. Gerard. In +Council, Philadelphia, July 31st, 1779,<span class="page"><a href="#Page_342">342</a></span></p> + +<div class="blockquot"><p> +Expressing regret that any disagreeable discussions +should have taken place, and informing him that +the flour is now at the disposition of M. Holker. +</p></div> + +<p>To the President of Congress. Philadelphia, August +5th, 1779,<span class="page"><a href="#Page_344">344</a></span></p> + +<div class="blockquot"><p> +Acknowledging the reception of certain resolutions +of Congress. +</p></div> + +<p>To the President of Congress. Philadelphia, August +5th, 1779,<span class="page"><a href="#Page_345">345</a></span></p> + +<div class="blockquot"><p> +Expressing his satisfaction with the resolutions of +Congress on the affair of M. Holker, and requesting +that no prosecutions may be commenced +against the offenders. +</p></div> + +<p>To the President of Congress. Philadelphia, August +11th, 1779,<span class="page"><a href="#Page_346">346</a></span></p> + +<div class="blockquot"><p> +Failure of the attempt to procure military stores at +Martinique. +</p></div> + +<p>The Marquis de Bouillé to M. Gerard. Martinique, +July 11th, 1779,<span class="page"><a href="#Page_347">347</a></span></p> + +<div class="blockquot"><p> +Unable to furnish any supplies for the United States. +</p></div> + +<p>Resolution of Congress. In Congress, August +23d, 1779,<span class="page"><a href="#Page_348">348</a></span></p> + +<div class="blockquot"><p> +Resolution, appointing a committee to offer congratulations +on the birth-day of his Most Christian +Majesty. +</p></div> + +<p>M. Gerard to the Committee of Congress. Philadelphia, +August 23d, 1779,<span class="page"><a href="#Page_348">348</a></span></p> + +<div class="blockquot"><p> +Acknowledging the reception of the foregoing resolution. +</p></div> + +<p>The Count de Vergennes to M. Gerard,<span class="page"><a href="#Page_349">349</a></span></p> + +<div class="blockquot"><p> +Spain joins the alliance.—The English Court will +attempt to separate America from the alliance by +advantageous offers. +</p></div> + +<p>To the President of Congress. Philadelphia, September +15th, 1779,<span class="page"><a href="#Page_350">350</a></span></p> + +<div class="blockquot"><p> +Appointment of Mr Wilson Attorney General for +France in the United States. +</p></div> +<p><span class="pagenum"><a name="Page_xx" id="Page_xx">xx</a></span></p> + +<p>To the President of Congress. Philadelphia, September +15th, 1779,<span class="page"><a href="#Page_350">350</a></span></p> + +<div class="blockquot"><p> +Requesting an audience of leave. +</p></div> + +<p>M. Gerard's Speech on taking leave of Congress,<span class="page"><a href="#Page_351">351</a></span></p> + +<p>Reply of the President of Congress to M. Gerard's +Speech on his taking leave,<span class="page"><a href="#Page_352">352</a></span></p> + +<p>Congress to the King of France,<span class="page"><a href="#Page_354">354</a></span></p> + +<div class="blockquot"><p> +Expressing their approbation of M. Gerard's conduct +and character. +</p></div> + +<p>Proceedings of Congress. In Congress, September +25th, 1779,<span class="page"><a href="#Page_355">355</a></span></p> + +<div class="blockquot"><p> +Draft of a letter to M. Gerard, reported by a committee, +expressing the inviolable attachment of the +United States to their allies.—Letter as adopted by +Congress. +</p></div> + +<h3>CAESAR ANNE DE LA LUZERNE'S CORRESPONDENCE.</h3> + +<p>Substance of a Conference between M. de la Luzerne +and General Washington at Head Quarters, +West Point. September 16th, 1779,<span class="page"><a href="#Page_361">361</a></span></p> + +<div class="blockquot"><p> +Relative to a co-operation with a proposed expedition +of Count d'Estaing to the American coasts, +and also with the Spanish expedition against the +Floridas.—Project of an invasion of Canada and +Nova Scotia. +</p></div> + +<p>Reception of the French Minister by Congress. In +Congress, November 17th, 1779,<span class="page"><a href="#Page_367">367</a></span></p> + +<div class="blockquot"><p> +Containing his letter of credence, his speech to Congress, +and their answer. +</p></div> + +<p>Don Juan Miralles to M. de la Luzerne. Philadelphia, +November 25th, 1779,<span class="page"><a href="#Page_373">373</a></span></p> + +<div class="blockquot"><p> +Desiring the co-operation of the United States with +the Spanish forces in the Floridas, and against the +English possessions northeast of Louisiana.—Requests +to be informed what kind of supplies may +be expected from the States. +</p></div> + +<p>To the President of Congress. Philadelphia, November +26th, 1779,<span class="page"><a href="#Page_376">376</a></span></p> + +<div class="blockquot"><p> +Communicating the foregoing letter. +</p></div> + +<p>To the President of Congress. Philadelphia, December +6th, 1779,<span class="page"><a href="#Page_377">377</a></span></p> + +<div class="blockquot"><p> +Requesting instructions as to the disposition of certain +property captured by American seamen. +</p></div> +<p><span class="pagenum"><a name="Page_xxi" id="Page_xxi">xxi</a></span></p> + +<p>The President of Congress to M. de la Luzerne. +In Congress, December 16th, 1779,<span class="page"><a href="#Page_378">378</a></span></p> + +<div class="blockquot"><p> +Plan of co-operation with the Spanish forces in +Florida. +</p></div> + +<p>M. Holker to M. de la Luzerne. Philadelphia, +January 10th, 1780,<span class="page"><a href="#Page_380">380</a></span></p> + +<div class="blockquot"><p> +Representing the injurious effects of a law of Maryland +on his measures for supplying the French +forces. +</p></div> + +<p>William Smith to M. Holker. Baltimore, January +7th, 1780,<span class="page"><a href="#Page_382">382</a></span></p> + +<div class="blockquot"><p> +The supplies intended for the French forces will be +seized by the American Commissioners. +</p></div> + +<p>The President of the Council of Maryland to William +Smith. In Council, Annapolis, January 6th, +1780,<span class="page"><a href="#Page_383">383</a></span></p> + +<div class="blockquot"><p> +The supplies purchased for the French fleet cannot +be exempted from seizure for the American army. +</p></div> + +<p>To the President of Congress. Philadelphia, January +10th, 1780,<span class="page"><a href="#Page_384">384</a></span></p> + +<div class="blockquot"><p> +Urging the adoption of measures for securing the +supplies raised for the French forces from liability +to seizure. +</p></div> + +<p>To George Washington. Philadelphia, January +23d, 1780,<span class="page"><a href="#Page_386">386</a></span></p> + +<div class="blockquot"><p> +The English government are unable to raise soldiers, +and intend to obtain them by an exchange +of prisoners in America.—In case of exchange, +advantage may be taken to obtain a virtual acknowledgment +of independence. +</p></div> + +<p>Extract of a Memorial communicated by the Ambassador +of England to the Court of Madrid, on +the 28th of March, 1779,<span class="page"><a href="#Page_389">389</a></span></p> + +<p>Ultimatum proposed by the Court of Madrid to the +Courts of France and England, dated 3d of +April, 1779,<span class="page"><a href="#Page_390">390</a></span></p> + +<p>Extract from the Exposition of the Motives of the +Court of Spain relative to England,<span class="page"><a href="#Page_392">392</a></span></p> + +<p>To the President of Congress. Philadelphia, January +24th, 1780,<span class="page"><a href="#Page_393">393</a></span></p> + +<div class="blockquot"><p> +Announcing the appointment of a French Consul for +North Carolina. +</p></div> + +<p>To the President of Congress. Philadelphia, January +25th, 1780,<span class="page"><a href="#Page_394">394</a></span></p> + +<div class="blockquot"><p> +Preparations for another campaign by the European +<span class="pagenum"><a name="Page_xxii" id="Page_xxii">xxii</a></span> +belligerents.—Necessity of similar preparations on +the part of America.—Desires to concert a plan of +common operations. +</p></div> + +<p>Report of a Committee on the Communications of +the French Minister. In Congress, January +28th, 1780,<span class="page"><a href="#Page_395">395</a></span></p> + +<div class="blockquot"><p> +The French Minister informs Congress, that great +exertions are making in Europe by England, to +persuade the other powers that America may be detached +from France; that her negotiations may +result in an armed mediation, to which it would be +necessary to submit; that in this case, it would be +probably necessary to leave Great Britain whatever +territories in America were actually in her +hand; he, therefore, urges the necessity of pushing +the approaching campaign with vigor. +</p></div> + +<p>Answer of Congress to the Communications of the +French Minister. In Congress, January 31st, +1780,<span class="page"><a href="#Page_399">399</a></span></p> + +<div class="blockquot"><p> +Forces and plans of Congress for the approaching +campaign.—The general disposition in the United +States is to adhere to the alliance. +</p></div> + +<p>Communications of the French Minister to a Committee +of Congress at a second Conference. In +Congress, February 2d, 1780,<span class="page"><a href="#Page_402">402</a></span></p> + +<div class="blockquot"><p> +Communicating the views of the Spanish Court on +the Western boundary, the exclusive navigation of +the Mississippi, the possession of the Floridas, and +the lands on the left bank of the Mississippi. +</p></div> + +<p>George Washington to M. de la Luzerne. Head +Quarters, Morristown, February 4th, 1780,<span class="page"><a href="#Page_404">404</a></span></p> + +<div class="blockquot"><p> +The small number of British prisoners will, probably, +prevent any important concessions for the sake of +effecting an exchange. +</p></div> + +<p>George Washington to M. de la Luzerne. Head +Quarters, Morristown, February 15th, 1780,<span class="page"><a href="#Page_406">406</a></span></p> + +<div class="blockquot"><p> +Declines granting a detachment requested of him, +on account of the feebleness of his forces.—A covering +party, if necessary, may be furnished by the +militia. +</p></div> + +<p>To the President of Congress. Philadelphia, +March 8th, 1780,<span class="page"><a href="#Page_408">408</a></span></p> + +<div class="blockquot"><p> +M. Gerard obtains facilities for fitting out the Confederation +in Martinique, but has no materials for +masts. +</p></div> + +<p>The King of France to Congress,<span class="page"><a href="#Page_409">409</a></span></p> + +<div class="blockquot"><p> +Communicating an additional grant of aid. +</p></div> +<p><span class="pagenum"><a name="Page_xxiii" id="Page_xxiii">xxiii</a></span></p> + +<p>George Washington to M. de la Luzerne. Morristown, +May 5th, 1780,<span class="page"><a href="#Page_410">410</a></span></p> + +<div class="blockquot"><p> +Expressing his esteem for M. de la Luzerne, and his +satisfaction with his approbation of the state of the +army. +</p></div> + +<p>George Washington to M. de la Luzerne. Morristown, +May 11th, 1780,<span class="page"><a href="#Page_411">411</a></span></p> + +<div class="blockquot"><p> +Expresses his pleasure at the arrival of M. de Lafayette. +</p></div> + +<p>George Washington to M. de la Luzerne. Head +Quarters, Morristown, May 14th, 1780,<span class="page"><a href="#Page_412">412</a></span></p> + +<div class="blockquot"><p> +French fleet in the West Indies. +</p></div> + +<p>To the President of Congress. Philadelphia, May +16th, 1780,<span class="page"><a href="#Page_412">412</a></span></p> + +<div class="blockquot"><p> +His Majesty intends to send out a reinforcement.—Desires +the concurrence of Congress in combining +a plan of operations.—Requests information as to +the forces, resources, and posts of the enemy.—Additional +supplies obtained by Dr Franklin.—Favorable +situation of affairs. +</p></div> + +<p>To George Washington. Philadelphia, May 21st, +1780,<span class="page"><a href="#Page_415">415</a></span></p> + +<div class="blockquot"><p> +Operations of the approaching campaign. +</p></div> + +<p>Report of a Committee of Congress on a Conference +with the French Minister. In Congress, +May 24th, 1780,<span class="page"><a href="#Page_416">416</a></span></p> + +<div class="blockquot"><p> +Plan for raising supplies.—Propose the establishment +of posts from Boston to Charleston to facilitate +communication.—Recommend the preparation +of a reinforcement to the French fleet, and +the adoption of measures to prevent desertions +from the same. +</p></div> + +<p>George Washington to M. de la Luzerne. Morristown, +June 5th, 1780,<span class="page"><a href="#Page_419">419</a></span></p> + +<div class="blockquot"><p> +The French troops will be cordially received.—Desires +to maintain a correspondence with him. +</p></div> + +<p>Report of a Committee of Congress respecting +Communications from the French Minister. In +Congress, June 5th, 1780,<span class="page"><a href="#Page_420">420</a></span></p> + +<div class="blockquot"><p> +Raising of supplies for the French troops.—Mode of +paying them. +</p></div> + +<p>Report of a Committee of Congress respecting a +Conference with the French Minister. In Congress, +June 7th, 1780,<span class="page"><a href="#Page_423">423</a></span></p> + +<div class="blockquot"><p> +Raising of supplies for the French forces. +</p></div> +<p><span class="pagenum"><a name="Page_xxiv" id="Page_xxiv">xxiv</a></span></p> + +<p>To the President of Congress. Philadelphia, June +18th, 1780,<span class="page"><a href="#Page_425">425</a></span></p> + +<div class="blockquot"><p> +Urging the completion of the American army.—Forces +necessary for an effective co-operation. +</p></div> + +<p>To the President of Congress. Philadelphia, June +28th, 1780,<span class="page"><a href="#Page_427">427</a></span></p> + +<div class="blockquot"><p> +Desiring permission for the supplying of the Spanish +forces with provisions. +</p></div> + +<p>Congress to the Minister of France. In Congress, +July 7th, 1780,<span class="page"><a href="#Page_428">428</a></span></p> + +<div class="blockquot"><p> +Supplies for the Spanish forces. +</p></div> + +<p>To the President of Congress. Philadelphia, July +22d, 1780,<span class="page"><a href="#Page_429">429</a></span></p> + +<div class="blockquot"><p> +Arrival of part of the French forces destined to act +in America.—The other part separated for security. +</p></div> + +<p>To the President of Congress. Philadelphia, July +25th, 1780,<span class="page"><a href="#Page_430">430</a></span></p> + +<div class="blockquot"><p> +Requesting that the American vessels of war may +join the French squadron. +</p></div> + +<p>Joseph Reed to M. de la Luzerne. In Council, +Philadelphia, July 25th, 1780,<span class="page"><a href="#Page_431">431</a></span></p> + +<div class="blockquot"><p> +The Hessian deserters are at liberty to enter the +French service, if desired. +</p></div> + +<p>To the President of Congress. Philadelphia, July +26th, 1780,<span class="page"><a href="#Page_432">432</a></span></p> + +<div class="blockquot"><p> +Desiring arrangements to be made for the subsistence +of the Hessian recruits. +</p></div> + +<p>George Washington to M. de la Luzerne. Head +Quarters, July 27th, 1780,<span class="page"><a href="#Page_433">433</a></span></p> + +<div class="blockquot"><p> +Plan of a junction of the French fleets.—Rumored +project of an attack on the French forces by General +Clinton. +</p></div> + +<p>To George Washington. Philadelphia, July 30th, +1780,<span class="page"><a href="#Page_434">434</a></span></p> + +<div class="blockquot"><p> +Relative to certain proposed naval operations. +</p></div> + +<p>George Washington to M. de la Luzerne. Peekskill, +August 4th, 1780,<span class="page"><a href="#Page_434">434</a></span></p> + +<div class="blockquot"><p> +Project of junction of the two divisions of the French +forces. +</p></div> + +<p>George Washington to M. de la Luzerne. Peekskill, +August 6th, 1780,<span class="page"><a href="#Page_436">436</a></span></p> + +<div class="blockquot"><p> +Relative to the employment of American frigates +to aid in the junction of the French forces. +</p></div> + +<p>To the President of Congress. Philadelphia, August +15th, 1780,<span class="page"><a href="#Page_437">437</a></span></p> + +<div class="blockquot"><p> +Readiness of the French government to co-operate +<span class="pagenum"><a name="Page_xxv" id="Page_xxv">xxv</a></span> +with the American forces against the common +enemy. +</p></div> + +<p>To the President of Congress. Philadelphia, August +15th, 1780,<span class="page"><a href="#Page_438">438</a></span></p> + +<div class="blockquot"><p> +Case of a citizen of Bermuda. +</p></div> + +<p>To the President of Congress. Philadelphia, September +1st, 1780,<span class="page"><a href="#Page_439">439</a></span></p> + +<div class="blockquot"><p> +Improbable that certain bills of exchange drawn on +Dr Franklin will be accepted. +</p></div> + +<p>George Washington to M. de la Luzerne. Head +Quarters, Bergen County, September 12th, +1780,<span class="page"><a href="#Page_440">440</a></span></p> + +<div class="blockquot"><p> +Projected naval operations. +</p></div> + +<p>To the President of Congress. Philadelphia, September +15th, 1780,<span class="page"><a href="#Page_441">441</a></span></p> + +<div class="blockquot"><p> +Desires the publication of the treaty for the purpose +of settling difficulties arising as to the 11th and +12th Articles. +</p></div> + +<p>To the President of Congress. Philadelphia, September +16th, 1780,<span class="page"><a href="#Page_442">442</a></span></p> + +<div class="blockquot"><p> +Announcing the appointment of M. de Marbois as +<i>Chargé d'Affaires</i> during his absence. +</p></div> + +<p>M. de Marbois to the President of Congress. Philadelphia, +October 8th, 1780,<span class="page"><a href="#Page_443">443</a></span></p> + +<div class="blockquot"><p> +Acknowledging the reception of certain resolutions +of Congress. +</p></div> + +<p>M. de Marbois to the President of Congress. Philadelphia, +October 27th, 1780,<span class="page"><a href="#Page_443">443</a></span></p> + +<div class="blockquot"><p> +Requesting a convoy for store ships. +</p></div> + +<p>To the President of Congress. Philadelphia, November +1st, 1780,<span class="page"><a href="#Page_444">444</a></span></p> + +<div class="blockquot"><p> +Suggesting changes in the mode of authenticating +ships' papers. +</p></div> + +<p>From Congress to the King of France,<span class="page"><a href="#Page_445">445</a></span></p> + +<div class="blockquot"><p> +Unprosperous state of things.—Retrospect of events.—Praying +for assistance in raising a loan. +</p></div> + +<p>To George Washington. Philadelphia, December +5th, 1780,<span class="page"><a href="#Page_449">449</a></span></p> + +<div class="blockquot"><p> +Expected arrival of clothing for the army.—Spanish +operations. +</p></div> + +<p>George Washington to M. de la Luzerne. New +Windsor, December 14th, 1780,<span class="page"><a href="#Page_451">451</a></span></p> + +<div class="blockquot"><p> +Forwards his despatches for Rhode Island. +</p></div> + +<p>To the President of Congress. Philadelphia, January +15th, 1781,<span class="page"><a href="#Page_452">452</a></span></p> + +<div class="blockquot"><p> +American prizes carried into French ports will be +judged in the same manner as those of subjects. +</p></div> +<p><span class="pagenum"><a name="Page_xxvi" id="Page_xxvi">xxvi</a></span></p> + +<p>To the President of Congress. Philadelphia, February +25th, 1781,<span class="page"><a href="#Page_452">452</a></span></p> + +<div class="blockquot"><p> +Arrival of a French squadron in the Chesapeake. +</p></div> + +<p>To the President of Congress. Philadelphia, February +28th, 1781,<span class="page"><a href="#Page_453">453</a></span></p> + +<div class="blockquot"><p> +Authorises Mr Morris to draw bills of exchange. +</p></div> + +<p>To the President of Congress. Philadelphia, March +2d, 1781,<span class="page"><a href="#Page_454">454</a></span></p> + +<div class="blockquot"><p> +The French squadron sails from the Chesapeake. +</p></div> + +<p>M. Destouches to M. de la Luzerne. On Board +the Duc de Bourgogne, March 19th, 1781,<span class="page"><a href="#Page_455">455</a></span></p> + +<div class="blockquot"><p> +Engagement between a French and English squadron. +</p></div> + +<p>To the President of Congress. Philadelphia, March +24th, 1781,<span class="page"><a href="#Page_457">457</a></span></p> + +<div class="blockquot"><p> +Supplies granted by France.—Proposes Congress +should furnish the French forces with provisions, +receiving in payment bills on the Treasury of +France. +</p></div> + +<p>To George Washington. Philadelphia, March 27th, +1781,<span class="page"><a href="#Page_460">460</a></span></p> + +<div class="blockquot"><p> +Failure of the expedition of M. Destouches. +</p></div> + +<p>George Washington to M. de la Luzerne. Head +Quarters, New Windsor, March 31st, 1781,<span class="page"><a href="#Page_461">461</a></span></p> + +<div class="blockquot"><p> +Return of M. Destouches to Newport.—Good conduct +of the expedition. +</p></div> + +<p>To George Washington. Philadelphia, May 7th, +1781,<span class="page"><a href="#Page_462">462</a></span></p> + +<div class="blockquot"><p> +Forwarding proposals of an expedition to M. Destouches. +</p></div> + +<p>To M. Destouches. Philadelphia, May 7th, 1781,<span class="page"><a href="#Page_463">463</a></span></p> + +<div class="blockquot"><p> +Dangerous situation of Virginia and Maryland.—Proposes +an expedition into the Chesapeake for +their relief. +</p></div> + +<p>To the President of Congress. Philadelphia, May +9th, 1781,<span class="page"><a href="#Page_465">465</a></span></p> + +<div class="blockquot"><p> +Abuse of intercepted ships' papers by the English.—Proposes +the adoption of measures of prevention. +</p></div> + +<p>To the President of Congress. Philadelphia, May +22d, 1781,<span class="page"><a href="#Page_466">466</a></span></p> + +<div class="blockquot"><p> +Transmitting the King's letter. +</p></div> + +<p>The King of France to Congress,<span class="page"><a href="#Page_466">466</a></span></p> + +<div class="blockquot"><p> +Granting further assistance. +</p></div> + +<p>George Washington to M. de la Luzerne. Weathersfield, +May 23d, 1781,<span class="page"><a href="#Page_467">467</a></span></p> + +<div class="blockquot"><p> +Intended attack on New York.—Urges the presence +of the French West India fleet in the American +seas. +</p></div> +<p><span class="pagenum"><a name="Page_xxvii" id="Page_xxvii">xxvii</a></span></p> + +<p>To the President of Congress. Philadelphia, May +25th, 1781,<span class="page"><a href="#Page_469">469</a></span></p> + +<div class="blockquot"><p> +The expected reinforcements of the French forces +have not been despatched.—Pecuniary grant of the +French government. +</p></div> + +<p>To the President of Congress. Philadelphia, May +26th, 1781,<span class="page"><a href="#Page_472">472</a></span></p> + +<div class="blockquot"><p> +Offered mediation of Austria and Russia between +the belligerents.—France declines accepting the +offer without the consent of the United States.—Urges +the appointment of Plenipotentiaries to take +part in the proposed negotiations. +</p></div> + +<p>Report of a Conference with the French Minister. +In Congress, May 28th, 1781,<span class="page"><a href="#Page_475">475</a></span></p> + +<div class="blockquot"><p> +The French Ministry considers the mission of Mr +Dana to St Petersburg premature.—Desires that +Mr Adams may be restricted by instructions.—English +agent at Madrid.—Spain and France decline +the mediation, but will accept it finally.—Desires +to know the sentiments of America.—Advises +moderation in the demands of the United States. +</p></div> + +<p>Congress to the King of France,<span class="page"><a href="#Page_483">483</a></span></p> + +<div class="blockquot"><p> +Returning thanks for supplies.—Their opinion as to +the mediation will be communicated through their +Minister. +</p></div> + +<p>To George Washington. Philadelphia, June 1st, +1781,<span class="page"><a href="#Page_484">484</a></span></p> + +<div class="blockquot"><p> +Regrets the delay of the reinforcements from +France.—Promises to propose his plan of operations +to the Count de Grasse. +</p></div> + +<p>George Washington to M. de la Luzerne. Head +Quarters, New Windsor, June 13th, 1781,<span class="page"><a href="#Page_486">486</a></span></p> + +<div class="blockquot"><p> +Desires that a body of land forces may accompany +the Count de Grasse's squadron. +</p></div> + +<p>Report of a Conference with the French Minister. +In Congress, June 18th, 1781,<span class="page"><a href="#Page_487">487</a></span></p> + +<div class="blockquot"><p> +Communications of the Minister relative to losses of +French subjects in America.—Proceedings of the +armed neutrality.—Violation of its principles by +American privateers.—Mr Cumberland's negotiations +in Spain.—Supplies.—Mediation of the Imperial +powers.—Situation of affairs in Europe +obliges France to maintain a considerable force.—State +of affairs in Holland.—Amount of the pecuniary +aid granted by France. +</p></div> + +<p>To the President of Congress. Philadelphia, July +1st, 1781,<span class="page"><a href="#Page_493">493</a></span></p> + +<div class="blockquot"><p> +Leaves M. de Marbois <i>Chargé d'Affaires</i> during his +visit to the American army. +</p></div> +<p><span class="pagenum"><a name="Page_xxviii" id="Page_xxviii">xxviii</a></span></p> + +<p>M. de Marbois to the President of Congress. Philadelphia, +July 9th, 1781,<span class="page"><a href="#Page_494">494</a></span></p> + +<div class="blockquot"><p> +The French naval commander desires permission to +recruit his forces by the impressment of French +seamen. +</p></div> + +<p>M. de Marbois to the Secretary of Congress. Philadelphia, +July 11th, 1781,<span class="page"><a href="#Page_495">495</a></span></p> + +<div class="blockquot"><p> +On the appointment of Mr McKean to the Presidency. +</p></div> + +<p>To the President of Congress. Philadelphia, July +20th, 1781,<span class="page"><a href="#Page_495">495</a></span></p> + +<div class="blockquot"><p> +Desires to communicate despatches from his Court +to Congress. +</p></div> + +<p>Report of Communications from the French Minister. +In Congress, July 23d, 1781,<span class="page"><a href="#Page_496">496</a></span></p> + +<div class="blockquot"><p> +Causes of the delay of the intended reinforcement of +the French arms in America.—The relations of +Holland and England render a connexion between +that country and America probable. +</p></div> + +<p>To the President of Congress. Philadelphia, July +26th, 1781,<span class="page"><a href="#Page_498">498</a></span></p> + +<div class="blockquot"><p> +Communication of a draft of a convention relative to +the establishment of Consuls by France and +America. +</p></div> + +<p>To the President of Congress. Philadelphia, August +23d, 1781,<span class="page"><a href="#Page_499">499</a></span></p> + +<div class="blockquot"><p> +Desires the recognition of the French Consul for +New England, regularly appointed. +</p></div> + +<p>To the President of Congress. Philadelphia, September +6th, 1781,<span class="page"><a href="#Page_500">500</a></span></p> + +<div class="blockquot"><p> +Desires the passing of acts authorising the French +Consul for New England to exercise his official +functions. +</p></div> +</div> +<div class="section_break"></div> +<p><span class="pagenum"><a name="Page_1" id="Page_1">1</a></span></p> + +<div class="section_head"> +<h2><span class="the">THE</span><br /> +<span class="correspondence">CORRESPONDENCE</span><br /> +<span class="of">OF</span><br /> +<span class="name">GEN. LAFAYETTE;</span><br /> + +<span class="correspondence">ON THE FOREIGN AFFAIRS OF THE UNITED STATES.</span></h2> +</div> +<div class="section_break"></div> + +<p>Although the services of <span class="smcap">General Lafayette</span> to the +United States were rendered chiefly in the military line, +yet he contributed very essentially by his efforts, and the +weight of his personal character, to promote the interests +of our foreign relations. When he left the United States +at the close of the year 1781, Congress instructed the +American Ministers abroad to consult him on the public +affairs of the United States. His correspondence with +Congress, now to be published, will show how effectually +he executed his trust in this respect, and how deeply and +constantly he watched over the interests of his adopted +country, long after his return to Europe. These letters +are a testimony not more of his patriotism, love of liberty, +the warmth of his affections, and the fulness of his gratitude, +than of his close observation, correct opinions, and +enlarged views on political affairs.</p> + +<div class="section_break"></div> +<div class="section_head"> +<h2><span class="the">THE</span><br /> +<span class="correspondence">CORRESPONDENCE</span><br /> +<span class="of">OF</span><br /> +<span class="name">GENERAL LAFAYETTE.</span><br /></h2> +</div> + +<div class="thought_break"></div> + +<h3>RESOLVE OF CONGRESS RESPECTING GENERAL LAFAYETTE.<a name="Page_5" id="Page_5"></a></h3> + +<p class="letter_head">In Congress, November 23d, 1781.</p> + +<p>On the report of a Committee, consisting of Mr Carroll, +Mr Madison, and Mr Cornell, to whom was referred a +letter of the 22d, from Major-General the Marquis de Lafayette,</p> + +<p><i>Resolved</i>, That Major-General the Marquis de Lafayette, +have permission to go to France; and that he return +at such time as shall be most convenient to him.</p> + +<p>That he be informed, that on a review of his conduct +throughout the past campaign, and particularly during the +period in which he had the chief command in Virginia, the +many new proofs, which present themselves of his zealous +attachment to the cause he has espoused, and of his judgment, +vigilance, gallantry, and address in its defence, have +greatly added to the high opinion entertained by Congress +of his merits and military talents. +</p> + +<p><span class="pagenum"><a name="Page_6" id="Page_6">6</a></span>That he make known to the officers and troops whom +he commanded during that period, that the brave and +enterprising services with which they seconded his +zeal and efforts, and which enabled him to defeat the attempts +of an enemy far superior in numbers, have been +beheld by Congress with particular satisfaction and approbation.</p> + +<p>That the Secretary of Foreign Affairs acquaint the Ministers +Plenipotentiary of the United States, that it is the +desire of Congress that they should confer with the Marquis +de Lafayette, and avail themselves of his information +relative to the situation of public affairs in the United +States.</p> + +<p>That the Secretary of Foreign Affairs further acquaint +the Minister Plenipotentiary at the Court of Versailles, +that he will conform to the intention of Congress by consulting +with, and employing the assistance of the Marquis +de Lafayette, in accelerating the supplies, which may be +afforded by his Most Christian Majesty for the use of the +United States.</p> + +<p>That the Superintendent of Finance, the Secretary for +Foreign Affairs, and the Board of War, make such communication +to the Marquis de Lafayette, touching the +affairs of their respective departments, as will best enable +him to fulfil the purpose of the two resolutions immediately +preceding.</p> + +<p>That the Superintendent of Finance take order for +discharging the engagement entered into by the Marquis +de Lafayette with the merchants of Baltimore referred to +in the act of the 24th of May last.</p> + +<p>That the Superintendent of Finance furnish the Marquis +de Lafayette with a proper conveyance to France. +<span class="pagenum"><a name="Page_7" id="Page_7">7</a></span></p> + +<p>That the Secretary of Foreign Affairs report a letter +to his Most Christian Majesty, to be sent by the Marquis +de Lafayette.<a name="FNanchor_1" id="FNanchor_1" href="#Footnote_1" class="fnanchor">[1]</a></p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_1" id="Footnote_1" href="#FNanchor_1"><span class="label">[1]</span></a> Extract of a letter from Congress to the King of France, dated +November 29th, 1781.</p> + +<p>"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."</p></div></div> + +<div class="thought_break"></div> + +<h3>TO ROBERT R. LIVINGSTON.</h3> + +<p class="letter_head">Antony, near Paris, March 30th, 1782.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>I have been honored with your letter by the Hermione, +and have made the best use I could of the intelligence you +were pleased to communicate. The sailing of the Alliance +was unexpected, and I could not improve that opportunity. +This letter will be carried by a vessel that is immediately +despatched. I shall soon have an opportunity to write by +a frigate. Dr Franklin, whom I have acquainted with the +departure of this vessel, has no doubt communicated very +important intelligence. Mahon has been taken rather +sooner than was expected; the siege of Gibraltar is going +on, and some do not consider it impossible that it should +fall into the hands of the Spaniards. The taking of St +Kitts was felt in England; the more so, as Sir Samuel +Hood had given great expectations of preserving the Island.</p> + +<p>There is a great deal of confusion in England, which +their late resolutions clearly prove; many think the loss of +the majority is a <i>finesse</i> of Lord North; but from later advices +<span class="pagenum"><a name="Page_8" id="Page_8">8</a></span> +it appears there will be a change of Ministers. The +opposition members do not agree together, and none of +them are true friends to America; none of them are wishing +for independence; they want to make the best bargain +they can, either with France, at the expense of America, +or by satisfying America at the cheapest rate. By Mr +Adams's letters I find Holland is about acknowledging +American independence, as far as it will neither cost them +blood nor money; but at this period I think it important to +obtain such a political advantage.</p> + +<p>I beg you will please to communicate the contents of my +letter to Congress; as I do not enter into any particulars +with the President. Accept the assurance of the high +esteem and most affectionate sentiments with which I +am, &c.</p> + +<p class="signed"> +LAFAYETTE.</p> + +<p><i>P. S.</i> Since writing the above, we have just got certain +intelligence that Lord North has left his place. It is +generally believed he will be replaced by Lord Rockingham.</p> + +<div class="thought_break"></div> + +<h3>TO ROBERT R. LIVINGSTON.</h3> + +<p class="letter_head">St Germain, June 25th, 1782.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>It is needless for me to enter into such details as will of +course be communicated to Congress by the Minister. +Dr Franklin will doubtless be very particular. But as +Congress have been pleased to order that I should give +my opinion, I now have the honor to tell you what I think +upon the several transactions that have lately taken place.</p> + +<p>Before the change of Ministry, the old Administration +<span class="pagenum"><a name="Page_9" id="Page_9">9</a></span> +had sent people to feel the pulse of the French Court and +of the American Ministers. They had reasons to be convinced +that neither of the two could be deceived into separate +arrangements, that would break the union and make +both their enemies weaker. In the meanwhile, a cabal +was going on against the old Ministry. New appointments +took place, and it is not known how far Lord North would +have gone towards a general negotiation.</p> + +<p>It had ever been the plan of the opposition to become +masters of the Cabinet. But while every one of them +united against the Ministry, they committed this strange +blunder, never to think what would become of them after +their views had been fulfilled. They even made Ministers, +and upon the same day they did not know how to divide +the prey; upon the second they perceived that they had +different interests and different principles to support; upon +the third they were intriguing against each other. And +now the British Ministry are so much divided, that nothing +but their disputes can account for their indecision in public +affairs.</p> + +<p>The Marquis of Rockingham has nothing of a Minister, +but the parade of levees, and a busy appearance. He is +led by Mr Burke. He is also upon the best terms with +Charles Fox. The principles of the latter everybody +knows. That party it appears is on one side of the Administration.</p> + +<p>The Duke of Grafton and Lord Camden think it their +interest to support Lord Shelburne, whom, however, they +inwardly dislike. The Earl of Shelburne seems to have +by far the greater share in the King's confidence. He is +intriguing, and, upon a pretence to follow Lord Chatham's +opinions, he makes himself agreeable to the King by +<span class="pagenum"><a name="Page_10" id="Page_10">10</a></span> +opposing American independence. He is, they say, a +faithless man, wishing for a continuation of the war, by +which he hopes to raise his own importance; and, should +the Rockingham party fall, should Lord Shelburne be +found to divide power with another party, he is not far, it +is said, from uniting with Lord North and many others in +the old Administration.</p> + +<p>The King stands alone, hating every one of his Ministers, +grieving at every measure that combats his dispositions, +and wishing for the moment when the present Ministry, +having lost their popularity, will give way to those +whom he has been obliged to abandon for a time.</p> + +<p>Such is the position in which they stand, and I am going +to relate the measures they have taken towards negotiation.</p> + +<p>It appears Lord Shelburne, on the one hand, and Charles +Fox on the other, went upon the plan which Lord North +had adopted, to make some private advances, but they +neither communicated their measures to each other, nor +said at first anything of it in the Cabinet. Count de Vergennes +said that France could never think to enter into a +treaty, but in concurrence with her allies, and upon being +told that America herself did not so much insist upon asking +for independence, he answered, "people need not ask +for what they have got." Mr Adams in Holland, and Dr +Franklin in Paris, made such answers as were consistent +with the dignity of the United States. But they as well as +Count de Vergennes, expressed a sincere desire for peace, +upon liberal and generous terms.</p> + +<p>From the very beginning Mr Adams has been persuaded, +that the British Ministry were not sincere—that the greater +part of them were equally against America as any in the +old Administration, and that all those negotiations were not +<span class="pagenum"><a name="Page_11" id="Page_11">11</a></span> +much to be depended upon. His judgment of this affair +has been confirmed by the events; though at present the +negotiation has put on a better outward appearance.</p> + +<p>Dr Franklin's pen is better able than mine can be, to +give you all the particulars through which Mr Grenville, a +young man of some rank, is now remaining in Paris, with +powers to treat with his Most Christian Majesty, and all +other Princes or States now at war with Great Britain.</p> + +<p>I shall only remark, that in late conversations with Count +de Vergennes, Mr Grenville has considered the acknowledgment +of independence as a matter not to be made a +question of, but to be at once and previously declared. +But upon Count de Vergennes's writing down Mr Grenville's +words to have them signed by him, the gentleman, +instead of this expression, "the King of England has <i>resolved</i> +at once to acknowledge," &c., insisted to have the +words <i>is disposed</i> made use of in what he intended to be +considered as his official communication. He has also +evinced a backwardness in giving Dr Franklin a copy of +his powers; and their Ministry are so backward also in +bringing before Parliament a bill respecting American independence, +that it does not show a great disposition towards +a peace, the preliminaries of which must be an acknowledgment +of America as a separate and independent +nation.</p> + +<p>It is probable that within these two days, Dr Franklin +had some communication with Mr Grenville, which may +throw some light upon the late points I have just now mentioned.</p> + +<p>Mr Jay is arrived from Madrid. Mr Laurens, it seems, +intends to return home. Mr Adams's presence in Holland +is for the moment necessary. A few days will make us +<span class="pagenum"><a name="Page_12" id="Page_12">12</a></span> +better acquainted with the views of Great Britain; and +since the Ministers from Congress have thought that I +ought for the service of America to remain here some time +longer, I shall, under their direction devote myself to promote +the interests of the United States. The footing I am +upon at this Court enables me sometimes to go greater +lengths than could be done by a foreigner. But unless an +immediate earnest negotiation, which I am far from hoping, +renders my services very useful, I will beg leave to return +to my labors, and be employed in a shorter way to ensure +the end of this business, than can be found in political dissertation.</p> + +<p>I have communicated the opinion of Mr Adams, such as +I found it in his letter. Dr Franklin's ideas will be presented +by himself, and also those of Mr Jay, both of which +must be preferable to mine, though I do not believe +they much differ. But from what I have collected by +communications with your Ministers, with those of the +French, and by private intelligence, I conclude;</p> + +<p>1st. That the British Ministry are at variance between +themselves, embarrassed upon the conduct they ought to +hold, and not firm in their principles and their places.</p> + +<p>2dly. That negotiations will go on shortly, establish +principles, and facilitate a treaty; but that the King of +England and some of the Ministers, have not lost the idea +of breaking the union between France and the United +States.</p> + +<p>3dly. That the situation of England, want of men and +money, and the efforts France is about to make, will reduce +the former to a necessity for making peace before the end +of next spring.</p> + +<p>America will no doubt exert herself, and send back +<span class="pagenum"><a name="Page_13" id="Page_13">13</a></span> +every emissary to her Plenipotentiaries here; for the Ministry +in England are now deceiving the people with the +hope that —— is going to operate a reconciliation, and +with many his —— of the same nature.</p> + +<p>In the course of this affair, we have been perfectly satisfied +with the French Ministry. They have proved candid +and moderate. Mr Jay will write about Spain. Very +little is to be said of her, and by her very little is to be +done. It appears Holland is going on well, and I believe +Mr Adams is satisfied, except upon the affair of money, +which is the difficult point, and goes on very slowly.</p> + +<p>By all I can see, I judge that if America insists on a +share in the fisheries, she will obtain it by the general +treaty; this point is too near my heart to permit me not +to mention it.</p> + +<p>The news of Count de Grasse's defeat has been very +much felt in France, and the whole nation was made truly +unhappy by this disagreeable event. The general cry +of the people was such, that I do not believe any French +Admiral will, in any case take upon himself to surrender +his own ship. The people at large have perhaps been too +severe, and government have not pronounced, as there is +to be a court martial. But I was happy to see a patriotic +spirit diffused through every individual. The States of +several Provinces, the great cities, and a number of different +associations of men, have offered ships of the line to a +greater number than have been lost. In the meanwhile, +government are using the greatest activity, and this has +given a spur to the national exertions. But independent +of the stroke in itself, I have been sighing upon the ruin +of the plans I had proposed towards a useful co-operation +upon the coasts of America. My schemes have been +<span class="pagenum"><a name="Page_14" id="Page_14">14</a></span> +made almost impracticable, and my voyage (the case of +negotiations excepted) has not been so serviceable to the +public, as I had good reasons to expect.</p> + +<p>The Spaniards are going at last to besiege Gibraltar. +Count d'Artois, the King of France's brother, and the Duc +de Bourbon, a Prince of the blood, are just setting out to +serve there as volunteers. They intend to begin in the first +days of September; so that we may expect one way or +other to get rid of that encumbrance, and let the siege +succeed or miscarry, we may expect hereafter to make +use of the combined forces of the House of Bourbon.</p> + +<p>We are waiting for intelligence from the East Indies, +where it appears we have got a superiority, and are entitled +to expect good news from that quarter. The enemy +had some despatches by land, but either our operations +are of a later date, or they only have published a part of +their intelligence.</p> + +<p><i>Paris, June 29th.</i> Dr Franklin and Mr Jay will acquaint +you with Count de Vergennes's answer to Mr +Grenville, and also with what Mr Grenville has said respecting +the enabling act. This act and also the answer +to Count de Vergennes, are every day expected in Paris, +and the way in which both will be expressed may give us +a pretty just idea upon the present intentions of the British +Ministry. The only thing that remains for me to inform +you of, is, that under the pretence of curiosity, admiration, +or private affairs, England will probably send emissaries +to America, who cannot hope to insinuate themselves +under any other but a friendly appearance.</p> + +<p class="indent1"> +With the greatest regard, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_15" id="Page_15">15</a></span></p> +<h3>ROBERT R. LIVINGSTON TO M. DE LAFAYETTE.</h3> + +<p class="letter_head">Philadelphia, September 18th, 1782.</p> + +<p>You should not, my Dear Sir, have been thus long without +hearing from me, had I not persuaded myself, that I +should see you before a letter could reach you. I still entertain +this hope from a passage in Dr Franklin's letter, +but have been in this often disappointed; I will not indulge +it longer, so far as to let it arrest my pen.</p> + +<p>The Count de Segur delivered me your letters of April. +I thank you sincerely for having made him the bearer of +them, since you know the eagerness with which I embrace +your friends, even without taking into consideration, that +merit which makes them so. The Count leaves town for +the army today, so that I shall not have the full benefit of +your introduction to him till next winter, when I flatter +myself you will join our circle. The Prince de Broglio +told me last night, that he had a letter from you to me. +I expect to see him here this morning.</p> + +<p>I cannot help remarking the just estimate you made of +the British Ministry. Late events have fully justified it. +They are made up of heterogeneous particles, and, as +might naturally be expected, they begin to fly off from +each other. You have nothing to apprehend from your +adopted country. We are immovably fixed in our determination +to adhere to our allies, in spite of every endeavor +to change our sentiments. I am sorry that I have +not leisure to enlarge. My horses wait to carry me to +the banks of the Hudson, while I write; let me however +inform you of the misfortune that has happened to Chevalier +de Latouche; his frigate being pursued by the enemy +was run on shore in the Delaware, and is lost. The gentlemen, +<span class="pagenum"><a name="Page_16" id="Page_16">16</a></span> +his passengers, are however happily saved, together +with the money and papers. Everything else is +lost, and what is most to be lamented, he himself must +have fallen into the hands of the enemy. The flag that +went to inquire his fate is not yet returned.</p> + +<p>The fleet of the Marquis de Vaudreuil has also sustained +a loss in the sinking of the Magnifique, in the harbor of +Boston. Congress have endeavored to repair this, by presenting +the America to his Majesty.</p> + +<p>The troops from Virginia have joined those on the Hudson. +Our army is in noble order at present; you will be +charmed to see our countrymen well dressed, since you +used to admire them even in their rags.</p> + +<p>I send you the papers for a month back; they contain +all our public news, and some particulars worthy your attention.</p> + +<p class="indent1">I am, my Dear Sir, &c.</p> + +<p class="signed">ROBERT R. LIVINGSTON.</p> + +<div class="thought_break"></div> + +<h3>ROBERT R. LIVINGSTON TO M. DE LAFAYETTE.</h3> + +<p class="letter_head">Philadelphia, November 2d, 1782.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>The confusion occasioned by the misfortune of the +Eagle, and the delay that the gentlemen who saved their +baggage experienced in getting here, prevented my receiving +your favor of the 25th and 29th of July till the last of +September, although I had acknowledged the receipt of the +letters, by the same conveyance, much earlier.</p> + +<p>Your letter contained so much important matter, that it +was laid before Congress, for knowing it would be advantageous +to you and place your assiduity and attention to +<span class="pagenum"><a name="Page_17" id="Page_17">17</a></span> +their interests in its strongest point of light. I choose to +consider most of yours as public letters; this last was particularly +acceptable, as neither Dr Franklin nor Mr Jay had +been so explicit, as we had reason to expect. Our system +of politics has been so much the same for a long time, tending +only to one point, a determination to support the war +till we can make peace in conjunction with our allies, that +the whole history of our Cabinet amounts to nothing more +than a reiteration of the same sentiments in different language; +and so plain is our political path, so steadily do we +walk in it, that I can add nothing to what I have already +written you on that subject.</p> + +<p>The events of the campaign are as uninteresting; the +inactivity and caution of the enemy have given us leisure +to form the finest army this country ever saw, while they +conspire to render that army useless for the present. The +troops are gone into winter quarters; ours at Fishkill, +West Point, and its vicinity; the French as far east as +Hartford.</p> + +<p>This day we are informed from New York, that fourteen +sail of the line, one of forty guns, and seven frigates, +sailed from thence on the 26th. We cannot learn that +they had troops on board or under convoy.</p> + +<p>The Magnifique is lost, I believe without hope of recovery. +She will, however, be well replaced by the America, +which all accounts concur in calling a fine ship. But +unless your fleet is very considerably strengthened in those +seas, another campaign may slip away as uselessly as the +last; for I see no reason to suppose, while Lord Shelburne +is at the head of Administration, that the negotiations for +peace will wear a serious aspect. I believe with you, that +his royal master is set upon risking everything, rather than +<span class="pagenum"><a name="Page_18" id="Page_18">18</a></span> +acknowledge our independence, and as he possesses the +art of seduction in a very eminent degree, it will require +more firmness to resist his solicitations, than is generally +found among courtiers. I am very much pleased to hear +that the siege of Gibraltar is at last undertaken, with some +prospects of success. This I sincerely wish. England +has found in that single fortress a more powerful ally than +any other she could make in Europe. It has for the most +part employed the navy of Spain, and cost them five ships +of the line.</p> + +<p>You need feel no anxiety on the score of an apology for +your absence; everybody here attributes it to its true +cause, and considers it as a new proof of your attachment +to the interests of America.</p> + +<p>The papers I send with this will serve to confirm this +assertion. I thank you for the acquaintance of the Prince +de Broglio and the Count de Segur; they handed me +your letters the day I was unfortunately obliged to leave +town. They have, however, promised to be here this +winter, and to give me an opportunity of consoling myself +for your absence by the attention they will enable me to +show to those you love. Your brother-in-law is gone I +find to the siege of Gibraltar. I beg you to write particularly +to remind him of his American friends. He shall hear +from me by the first opportunity; in the meanwhile, tell +him he will not do justice to our expectations if he neglects +to promote the great object, which we discussed together a +little before he left this country, foreseeing then that he +would ere long be called to Spain. I ought not to conclude +this without informing you, that the chair of state is transferred +to Mr Boudinot, Mr Hanson's term having expired.</p> + +<p class="indent1"> +I am, my Dear Sir, &c.</p> + +<p class="signed">ROBERT R. LIVINGSTON.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_19" id="Page_19">19</a></span></p> + +<h3>TO THE PRESIDENT OF THE CONGRESS.</h3> + +<p class="letter_head">Brest, December 3d, 1782.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>I have the honor to beg the attention of Congress +upon a subject, which, though it appears personal, may +bring about events of public utility.</p> + +<p>On a past voyage I have had the happiness to return +with such means as proved useful to the United States, +and when I embarked last, I had a leave of absence +till such a time as I would think proper.</p> + +<p>What has been done respecting former demands of +money, has been communicated to Congress. As to +the late ones, I leave it to the Ministers of Congress +to give an account of those transactions.</p> + +<p>I have the heartfelt happiness to think, that I did +not leave Versailles until I had, to the utmost, exerted +every means in my power; and I wish they had been +an aid to promote every view of Congress and every +interest of the United States.</p> + +<p>The Ministers of Congress in Europe have in former +letters acquainted them with the request they +made, that I should defer my departure to America. +They thought I might serve her in the political field, +and I yielded to their opinion.</p> + +<p>Now, Sir, that I am going to embark, I have done +it by their advice. Upon the voyage, the mode and +the time of it, I have taken their opinion, and it has +been, that I was acting consistent with the interests of +America, and the instructions of General Washington. +But I could not submit to think, that any member of +Congress, might, from public report, imagine that I +<span class="pagenum"><a name="Page_20" id="Page_20">20</a></span> +enlarge so far their permission, as to follow pursuits, +that would not particularly promote the views of +America; and as they do not choose being intruded +upon with minute details of military plans, let it suffice +to say, that I beg leave to refer them to the opinion +of General Washington.</p> + +<p>With a heart bound to America by every sentiment +of a grateful, an everlasting, and, I may add, a patriotic +love,</p> + +<p class="indent1">I have the honor to be, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> + +<h3>ROBERT R. LIVINGSTON TO M. DE LAFAYETTE.</h3> + +<p class="letter_head">Philadelphia, January 10th, 1783.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>I was honored by yours of the 14th of October last. +It contains much useful information, and upon the +whole exhibits a pleasing picture of our affairs in Europe. +Here the scene is more chequered with good +and evil; the last I think predominates. The want of +money has excited very serious discontents in the army. +They have formed committees. A very respectable +one, with General McDougal at their head, is +now here. Their demands, though strictly just, are +such as Congress have not the means of satisfying. +The states upon whom they call, complain of inability. +Peace is wished for with more anxiety than it should +be; wearied out with the length of the war, the people +will reluctantly submit to the burdens they bore at +the beginning of it; in short, peace becomes necessary. +If the war continues we shall lean heavier upon +France than we have done. If peace is made she +<span class="pagenum"><a name="Page_21" id="Page_21">21</a></span> +must add one obligation more to those she has already +imposed. She must enable us to pay off our army; or +we may find the reward of her exertions and ours suspended +longer than we could wish.</p> + +<p>Charleston is at length evacuated; the enemy made +a convention with General Greene and were suffered +to depart in peace. In one of the papers I send you, +you will see the general orders at going off.</p> + +<p>The embarkation of your army, before the war in +this country had closed, gave me some pain. Their +stay might have answered useful political purposes, +had they been at hand to operate against New York, +which they will not otherwise quit.</p> + +<p>Congress saw this in its true light, but were too delicate +to mention it; I enclose their resolutions on being +apprized of it. You speak of operations in America. +I agree with you, that they are devoutly to be +wished, both by France and by us; but if they are to +depend upon operations in the West Indies, it is ten +to one but they fail. The machine is too complex. +If it is to be worked in any part by Spanish springs, +the chance against it is still greater, for whatever the +latter may be in Europe, in the West Indies they lose +their elasticity.</p> + +<p>The great cause between Connecticut and Pennsylvania +has been decided in favor of the latter. It is a +singular event. There are few instances of independent +States submitting their cause to a Court of Justice. +The day will come, when all disputes in the great republic +of Europe will be tried in the same way; and +America be quoted to exemplify the wisdom of the +measure. +<span class="pagenum"><a name="Page_22" id="Page_22">22</a></span></p> + +<p>Adieu my Dear Sir, continue to love this country, +for though she owes you much, she will repay you all +with interest, when in ages to come she records you +with her patriots and heroes.</p> + +<p>I have the honor to be, Dear Sir, with the sincerest +esteem and regard, &c.</p> + +<p class="signed">ROBERT R. LIVINGSTON.</p> + +<div class="thought_break"></div> + +<h3>TO WILLIAM CARMICHAEL, AT MADRID.</h3> + +<p class="letter_head">Cadiz, January 20th, 1783.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>Your letter of the 14th has this day come to hand. +The occasion of it I lament, but it becomes my duty to +answer it.</p> + +<p>From an early period, I had the happiness to rank +among the foremost in the American revolution. In the +affection and confidence of the people, I am proud to say, +I have a great share. Congress honors me so far as to +direct, that I am to be consulted by their European Ministers, +which circumstances I do not mention out of vanity, +but only to show, that in giving my opinion, I am called +upon by dictates of honor and duty, which it becomes me +to obey.</p> + +<p>The measure being right, it is beneath me to wait for a +private opportunity. Public concerns have a great weight +with me, but nothing upon earth can intimidate me into +selfish considerations. To my opinion you are entitled, +and I offer it with the freedom of a heart that ever shall +be independent.</p> + +<p>To France you owe a great deal; to others you owe +nothing. As a Frenchman, whose heart is glowing with +<span class="pagenum"><a name="Page_23" id="Page_23">23</a></span> +patriotism, I enjoy the part France has acted, and the +connexion she has made. As an American, I acknowledge +the obligation, and in that I think true dignity consists; +but dignity forbade our sending abroad political +forlorn hopes, and I ever objected to the condescension; +the more so, as a French treaty had secured their allies to +you; and because America is more likely to receive advances, +than to need throwing herself at other people's +feet.</p> + +<p>The particulars of the negotiation with Spain I do not +dwell upon. In my opinion they were wrong, but I may +be mistaken. Certain it is, that an exchange of Ministers +ought to have been, and now an exchange of powers must +be, upon equal footing. What England has done is nothing, +either as to the right or the mode. The right consisted +in the people's will, the mode depends upon a consciousness +of American dignity. But if Spain has hitherto declined +to acknowledge what the elder branch of the Bourbons +thought honorable to declare, yet will it be too strange, +that England ranks before her in the date and the benefits +of the acknowledgment.</p> + +<p>There are more powers than you know of, who are +making advances to America; some of them I have personally +received; but you easily guess that no treaty would +be so pleasing as the one with Spain. The three natural +enemies of Britain should be strongly united. The French +alliance is everlasting, but such a treaty between the friends +of France is a new tie of confidence and affection. The +Spaniards are slow in their motions, but strong in their attachments. +From a regard to them, but still more out of +regard to France, we must have more patience with them +than with any other nation in Europe. +<span class="pagenum"><a name="Page_24" id="Page_24">24</a></span></p> + +<p>But peace is likely to be made, and how then can the +man, who advised against your going at all, propose your +remaining at a Court where you are not decently treated? +Congress, I hope, and through them the whole nation, do +not intend their dignity to be trifled with, and, for my part, +I have no inclination to betray the confidence of the American +people. I expect peace, and I expect Spain to act +by you with propriety; but should they hesitate to treat +you as a public servant of the United States, then, however +disagreeable the task, Mr Carmichael had better go +to Paris where France may stand a mediator, and through +that generous common friend, we may come to the wished +for connexion with the Court of Spain.</p> + +<p class="indent1">With a high regard and sincere affection, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> + +<h3>TO ROBERT R. LIVINGSTON.</h3> + +<p class="letter_head">Cadiz, February 5th, 1783.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>On the 7th of December, I had the honor to write +to you from Brest, and my letters down to that date +have contained accounts of our political affairs. Since +which time, I have been taken up in preparations of a +plan that would have turned out to the advantage of +America; indeed, it exceeded my first expectations, and +to my great surprise, the King of Spain had not only consented +his forces should co-operate with us, but on the +consideration of obtaining a necessary diversion, he had +been induced by Count d'Estaing to approve my being +detached into Canada with a French force. Nay, had +the war continued, I think that, if not for love, at least +<span class="pagenum"><a name="Page_25" id="Page_25">25</a></span> +on political motives, they would have consented to offer +pecuniary assistance.</p> + +<p>The conditions of the peace I do not dwell upon. I +hope they are such as will be agreeable in America. +They have no doubt been sent from France, and the part +that respects the United States will have been immediately +forwarded for their ratification. I do not hope to send +you the first tidings of a general peace. Yet I have prevailed +upon a small vessel to alter her course, and my own +servant is going with the despatches, to prevent either +neglect or other accidental delays.</p> + +<p>On the moment of my arrival at Cadiz, I began a +close correspondence with Mr Carmichael. It at first +respected money matters, but soon took a still more important +turn. Having been officially asked my advice +upon his future conduct, I gave it in a letter, of which +the enclosed is a copy. Whatever light my opinion +may appear in at Madrid, or elsewhere, I think it is +consistent with the dignity of the United States. +Now, Sir, while enjoying the hope of being in a few +weeks on the American shore, I have a letter from Mr +Carmichael, wherein he requests my assistance at Madrid. +How far it may serve him I do not know; but +since I am thought useful, I shall yield to my zeal for +the service of America, I readily give up personal +gratifications. On my arrival at Madrid, I shall have +the honor to give you my opinion of our situation +there. Among the Spaniards we have but few well +wishers, and as they, at the bottom, hate cordially the +French, our alliance, though a political, is not a sentimental +consideration with them. But I wish a settlement +of boundaries may remove the more immediate +<span class="pagenum"><a name="Page_26" id="Page_26">26</a></span> +prospects of dispute. It is, I believe, very important +to America; the more so, as she became a national +ally to France, a national enemy to Britain. But the +Spaniards will be forever extravagant in their territorial +notions, and very jealous of the increase of American +wealth and power. But it is good policy for us +to be upon friendly terms with them, and I wish on +my return to Paris, that I may carry for Mr Jay some +hopes of better success in his Spanish negotiation.</p> + +<p>I have just heard that both Floridas were given to +Spain. This accounts for Lord Shelburne's condescension +in fixing our Southern limits. The people of +Florida will, I hope, remove into Georgia. But the +Spaniards will insist upon a pretended right to an extent +of country all along the left shore of the Mississippi. +Not that they mean to occupy it, but because +they are afraid of neighbors that have a spirit of liberty. +I am sorry those people have the Floridas. +But as we cannot help it, we must endeavor to frustrate +Lord Shelburne's views, which I presume are +bent upon a dispute between Spain and the United +States. A day will come, I hope, when Europeans +will have little to do on the northern continent; and +God grant it may ever be for the happiness of mankind +and the propagation of liberty.</p> + +<p>On the perusal of my letter to Mr Carmichael, I beg +you will remember it is calculated to undergo the inspection +of both cabinets at Versailles and Madrid; +and to be a proof against the unfriendly connexions of +a Spanish Ministry. Be pleased to tell Mr Morris, +that I remember his want of money extends further +than occasions of war. At the time of my leaving +<span class="pagenum"><a name="Page_27" id="Page_27">27</a></span> +France, I had been made to hope, but do not know for +the present what has taken place. On my arrival at +Madrid, I will be very attentive to that point, but +shall take care to preserve the dignity of the United +States, of which I have a proper and exalted sense.</p> + +<p>In my determination to go to Madrid, I have consulted +with Mr Harrison, a gentleman whose residence +at this place enables him to know a great deal about +the Spaniards. He has to this moment acted as a +consul in this place; so far at least, as to serve his +countrymen, and spend his own money; for he has no +public character, and what he has done he undertook +at Mr Jay's request. There ought, I think, to be a +consul at this place, and if the appointment is deferred, +several inconveniences will be laid upon the +American trade. There is no gentleman, exclusive of +what his voluntary services deserve, who could better +fill the place than Mr Harrison, and was I to take the +freedom to advise, I would warmly recommend him +for the appointment.</p> + +<p>So far as we know of the Spanish preliminaries, +they give up their claim upon having Gibraltar, but +keep Mahon, and have the two Floridas. The islands +of Providence are returned to England. We hourly +expect a French courier. Tobago excepted, they gave +up their conquests in the West Indies, and have St +Lucia again. Before the vessel is gone I hope to be +more particular. As to the American preliminaries, +they have long ago been sent to Philadelphia.</p> + +<p>While I am writing a French courier is arrived. +Enclosed you will find an extract of the preliminaries, +such as they are, sent to me. May I beg you will +<span class="pagenum"><a name="Page_28" id="Page_28">28</a></span> +please to communicate my letter to General Washington, +though it is a public one, I may ask the favor +from you, as I would otherwise have sent him a copy +of it.</p> + +<p>With the highest regard, I have the honor to be, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<p><i>P. S.</i> I have just received a note from the French +Ambassador at Madrid, whereby I find that my letter +had a good effect.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="letter_head">Cadiz, February 5th, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>Whatever despatch I make in sending a vessel, I do +not flatter myself to apprize Congress with the news +of a general peace; yet such are my feelings on the +occasion, that I cannot defer presenting them with my +congratulations. Upon their knowledge of my heart, +I depend more than upon expressions, which are so +far inadequate to my sentiments. Our early times I +recollect with a most pleasing sense of pride; our +present ones make me easy and happy. To futurity I +look forward in the most delightful prospects.</p> + +<p>Former letters have acquainted Congress, that, upon +my intending to leave France, I had been detained by +their Commissioners. To my letter of the 3d of December +I beg leave to refer them for a further account +of my conduct.</p> + +<p>Now the noble contest is ended, and I heartily rejoice +at the blessings of peace. Fortynine ships of the +line and twenty thousand men are now here, with +<span class="pagenum"><a name="Page_29" id="Page_29">29</a></span> +whom Count d'Estaing was to join the combined forces +in the West Indies; and during the summer they +were to co-operate with our American army. Nay, it +had lately been granted, that, whilst Count d'Estaing +acted elsewhere, I should enter the St Lawrence river +at the head of a French corps. So far as respects me, +I have no regret, but, independent of personal gratifications, +it is known that I ever was bent upon the addition +of Canada to the United States.</p> + +<p>On the happy prospect of peace I had prepared to +go to America. Never did an idea please me so much +as the hope to rejoice with those to whom I have been +a companion in our labors; but however painful the +delay, I now must defer my departure. In the discharge +of my duty to America no sacrifice shall ever +be wanting, and when it had pleased Congress to direct +that their Ministers should consult with me, it +became my first concern to deserve their confidence.</p> + +<p>From my letter to Mr Livingston an opinion may +be formed of our situation in Spain; my advice has +been called for, and I have given it; my presence is +requested, and instead of sailing for America, I am +going to Madrid, being so far on my way; and as Mr +Jay is in Paris, I think it is better for me to go there. +But unless Congress shall honor me with their commands, +I shall embark in the course of June, and am +eager for the moment when I may again enjoy the +sight of the American shores.</p> + +<p>Now, Sir, our noble cause has prevailed; our independence +is firmly settled, and American virtue enjoys +its reward. No exertions, I hope, will now be wanting +to strengthen the Federal Union. +<span class="pagenum"><a name="Page_30" id="Page_30">30</a></span></p> + +<p>May the States be so bound to each other, as forever +to defy European politics. Upon that union their +consequence, their happiness, will depend. This is +the first wish of a heart more truly American than +words can express.</p> + +<p>With the highest respect I have the honor to be, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> + +<h3>TO THE COUNT DE FLORIDA BLANCA.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head">Madrid, February 19th, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>Having had the honor to confer with your Excellency +on the objects relative to the United States, and +being soon to repair to the American Congress, I +wish to be fully impressed with the result of our conversations. +Instead of the indifference, and even of +the divisions, which another nation would be glad to +foresee, I am happy to have it in my power to inform +the United States of your good dispositions. It is to +you, Sir, I am indebted for this advantage, and in order +to make it complete, and to make myself certain +that I forget nothing, give me leave to submit to your +Excellency the account which I intend to lay before +Congress.</p> + +<p>His Catholic Majesty desires, that a lasting confidence +and harmony may subsist between him and the +United States, and he is determined on his part to do +everything that will be necessary to keep it up. The +American <i>Chargé d'Affaires</i> is at this moment received +as such, and your Excellency is going to treat of the +<span class="pagenum"><a name="Page_31" id="Page_31">31</a></span> +interests of the two nations. As you wish to show Mr +Jay every kind of regard, you wait only till the Count +d'Aranda shall have notified your dispositions to him, +before you present Mr Carmichael to his Majesty.</p> + +<p>With respect to the limits, his Catholic Majesty has +adopted those that are determined by the preliminaries +of the 30th of November, between the United +States and the Court of London. The fear of raising +an object of dissension, is the only objection the King +has to the free navigation of the river Mississippi. +The Virginia tobacco, and the naval stores, may furnish +matter for reciprocal conventions in the treaty, and +by means of the productions of America, arrangements +might be made which would be useful to her finances. +When I had the honor to speak to you in favor of a +diminution of the duties on codfish, you answered, that +it would be necessary to give to France a similar advantage, +and that by virtue of former treaties, the +English might set up pretensions to the same; but that +you will do in every respect all that will be in your +power to satisfy America.</p> + +<p>I would with very great pleasure touch upon every +detail, which may enter into a connexion between +Spain and the United States, but I am not to be concerned +in this happy work. The Ministers of the +United States, and the one whom you may send thither +are to make it their business, and I content myself +with reminding you of the general ideas you have +given me. A word from you will satisfy me that I +have not omitted anything. The dispositions of his +Catholic Majesty, and the candor of your Excellency, +will leave no pretexts for misrepresentations. The +<span class="pagenum"><a name="Page_32" id="Page_32">32</a></span> +alliance of the House of Bourbon with the United +States is founded on reciprocal interest; it will still +acquire greater strength from the confidence which +your Excellency wishes to establish.</p> + +<p>Such, Sir, are the conclusions, which I have drawn +from our conferences, and the account which I intend +to give to Congress, without having any mission for +that purpose. I am acquainted with the sentiments of +Congress, and I am convinced they will set a just +value upon your dispositions. In permitting me to +acquaint them with these particulars, you will have a +claim to my personal gratitude. To the assurance of +this I join that of the respect, with which I have the +honor, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> + +<h3>COUNT DE FLORIDA BLANCA TO M. DE LAFAYETTE.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head">Pardo, February 22d, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>I cannot comply better with your desire, than by asking +your leave to give you here my answer. You have perfectly +well understood whatever I have had the honor to +communicate to you, with respect to our dispositions +towards the United States. I shall only add, that although +it is his Majesty's intentions to abide, for the present, by +the limits established by the treaty of the 30th of November, +1782, between the English and the Americans, yet +the King intends to inform himself particularly whether it +can be in any ways inconvenient or prejudicial to settle +that affair amicably with the United States.</p> + +<p class="indent1">I have the honor to be, &c.</p> + +<p class="signed">COUNT DE FLORIDA BLANCA.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_33" id="Page_33">33</a></span></p> + +<h3>TO THE COUNT DE FLORIDA BLANCA.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head">Madrid, February 22d, 1783.</p> + +<p>On receiving the answer of the Count de Florida +Blanca, I desired an explanation respecting the addition +that relates to the limits. I was answered, that it was a +fixed principle to abide by the limits established by the +treaty between the English and Americans, that his remarks +related only to mere unimportant details, which he +wished to receive from the Spanish commandants, which +would be amicably regulated, and would by no means oppose +the general principle. I asked him, before the Ambassador +of France, whether he could give me his word of +honor for it. He answered me, he would, and that I +might engage it to the United States.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> + +<h3>TO ROBERT R. LIVINGSTON.</h3> + +<p class="letter_head">Bordeaux, March 2d, 1783.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>Upon the news of a general peace, I had the honor to +write to you, and took the liberty to address Congress in a +letter, of which the enclosed is a duplicate. Those despatches +have been sent by the Triomphe, a French vessel, +and by her you will also have received a note of the general +preliminaries.</p> + +<p>The reasons of my going from Cadiz to Madrid being +known to you, I shall only inform you, that upon my arrival +there, I waited upon the King, and paid a visit to the +Count de Florida Blanca. Independent of my letter to +Mr Carmichael, of which you have a copy, I had very +<span class="pagenum"><a name="Page_34" id="Page_34">34</a></span> +openly said, that I expected to return with him to Paris. +So that after the first compliments, it was easy for me to +turn the conversation upon American affairs. I did it with +the more advantage, as I had beforehand fully conversed +with Mr Carmichael, who gave me his opinion upon every +point, and I was happy to find it coincided with mine.</p> + +<p>In the course of our conversation, I could see, that +American independence gives some umbrage to the Spanish +Ministry. They fear the loss of their Colonies, and +the success of our revolution appears to be an encouragement +to this fear. Upon this subject their King has odd +notions, as he has indeed upon everything. The reception +of Mr Carmichael they wanted to procrastinate, and +yet they knew it must be done. In offering my opinion +to Count de Florida Blanca, I did it in a very free manner. +I rejected every idea of delay. I gave a description +of America, and of each of the States, of which Count +de Florida Blanca appeared to know very little. While I +abated their fears from our quarter, I endeavored to +awaken them upon other accounts. It is useless to mention +the particulars of this conversation, which lasted very +long, and which he promised to lay before the King. In +two days he said he should pay me a visit at Madrid.<a name="FNanchor_2" id="FNanchor_2" href="#Footnote_2" class="fnanchor">[2]</a></p> + +<p>Agreeably to the appointment, I waited for Count de +Florida Blanca, and there, in presence of the French Ambassador, +he told me that the King had determined immediately +to receive the Envoy from the United States. +Our conversation was also very long, and I owe Count de +Montmorin the credit to say, that not only at that time, but +in every instance where he could operate on the Count de +<span class="pagenum"><a name="Page_35" id="Page_35">35</a></span> +Florida Blanca in our favor, he threw in all the weight of +the influence of France.</p> + +<p>It was on Wednesday that I received Count de Florida +Blanca's visit. In conformity with the Spanish style, he +endeavored to delay our affairs. I took the liberty to say, +that on Saturday I must set out, and it was at last fixed +that on Friday, Mr Carmichael should deliver his credentials, +and on Saturday would be invited to the dinner of +the foreign Ministers.</p> + +<p>As to more important matters, I conversed upon the +affair of limits, and upon the navigation of the Mississippi, +to the last of which points I found him very repugnant. I +spoke upon the codfish duties. I wanted to have a +preference engaged for in writing, upon all bargains respecting +tobacco and naval stores; in a word, I did my +best, and would have been more particular in point of +money, had not the Minister's answer put it out of my +power to do it in any other way, than such as was inconsistent +with the dignity of the United States.</p> + +<p>As Count de Florida Blanca was taking leave, I told +him that my memory must be somewhat aided. I proposed +writing to him, and getting from him an answer. +To this he first objected, but afterwards consented, saying, +however, that his word was as good as his writing. +And as I had been sometimes a little high toned with him +in behalf of America, he added, that Spain was sincere in +her desire to form an everlasting friendship, but did not +act out of fear. I had before observed, that it was on +Spain's account that I wished for a good understanding +between her and America.</p> + +<p>The reading of my letter, a copy of which I enclose, +will better inform you of the points that have been either +<span class="pagenum"><a name="Page_36" id="Page_36">36</a></span> +wholly or partially granted. I endeavored to make the +best of our conversations, and to engage him as far as I +could. On the other hand, I kept our side clear of any +engagement, which it was easy for me to do in my private +capacity. I did not even go so far as general professions. +But since I had been called there, I desired only to induce +him into concessions that might serve the purposes of Mr +Jay. My letter was delivered on Thursday. The next +day I accompanied Mr Carmichael, who is much and universally +beloved and respected in that country. On Saturday, +before dinner, I received the answer, which for fear +of ambiguities, I had requested to be given at the end of +the letter. A sentence of the answer I made him explain +before the French Ambassador. Herein are joined those +copies, and I keep the original for Mr Jay, whose political +aid de camp I have thus been. I have of course referred +to him everything, and this negotiation, wherein he has +exercised the virtue of patience, will now require his care +and his abilities. The Ministers of some powers, Prussia +among them, having asked me if Congress would be willing +to make an advance towards them, I have answered, +that the United States ought in my opinion not to make, +but to receive advances.</p> + +<p>At the same time I was employed in conversation with +Count de Florida Blanca, I did not neglect speaking upon +the same subject with the other Ministers. M. de Galvez, +in whose department the Indies are, appears much averse +to the English limit. He has for the present sent orders +to the Spanish governors, to abide by those limits, and an +official copy of those orders has been promised to me. +But M. de Galvez was of opinion, that those limits would +not do. I have therefore thought it proper, officially by +<span class="pagenum"><a name="Page_37" id="Page_37">37</a></span> +writing, and before witnesses, so effectually to bind them, +that the affair of limits cannot now but be settled on their +side. Independent of their hand writing, France, through +her Ambassador, is a witness to the engagement; and yet, +being in a private capacity, I took care not to engage +America to anything.</p> + +<p>Never was a man further from a partiality for Spain than +I am. But I think I now have left them in a sincere and +steady intention to cultivate the friendship of America. +The French party at that Court will be for it. They labor +under fits of occasional madness. They have an ill conducted +pride. It is disagreeable to treat with them, and +their own interest does not persuade them out of their +prejudices. But though they had rather there were not +such a place as North America, they are truly and earnestly +desirous to maintain a good harmony and live in +friendship and neighborly union with the United States. +The Mississippi is the great affair. I think it is the interest +of America to be well with Spain, at least for +many years; and particularly on account of the French +alliance; so that I very much wish success to Mr Jay's +negotiations. I have advised Mr Carmichael to continue +his conferences, and I think they will be of service.</p> + +<p>On my arrival at this city, I hear that Lord Shelburne +is out of place, and has been succeeded by Lord North. +But I cannot give it as certain. The American flag has +already made its appearance before the city of London.</p> + +<p>Upon the principles of an unbounded zeal for America, +can I be permitted to repeat, that every American patriot +must wish that the federal union between the States may +continue to receive additional strength? Upon that intimate +national union their happiness and their consequence +depend. +<span class="pagenum"><a name="Page_38" id="Page_38">38</a></span></p> + +<p>Hoping that my voluntary excursion to Madrid may +have somewhat prepared the way to fulfil the intentions of +Congress, I hasten to join Mr Jay, whose abilities will improve +the account I shall lay before him.</p> + +<p class="indent1">I have the honor to be, with the most affectionate regard, +&c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_2" id="Footnote_2" href="#FNanchor_2"><span class="label">[2]</span></a> The Court was then at Pardo.</p></div></div> + +<div class="thought_break"></div> + +<h3>ROBERT R. LIVINGSTON TO M. DE LAFAYETTE.</h3> + +<p class="letter_head">Philadelphia, May 1st, 1783.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>I am now to acknowledge your favor of the 5th of February, +by the Triomphe, and that of the 2d of March, +from Bordeaux. You were the happy messenger of glad +tidings on both occasions. Before her arrival we had received +no account of the signature of the general preliminaries, +or of the cessation of hostilities. You can easily +conceive the joyful reception it met with here, where we +began to be heartily tired of the war; nor was it less welcome +intelligence to the army, than to the other citizens of +America.</p> + +<p>The second letter, which promises a happy settlement +of all differences with Spain, was flattering to those among +us who knew the importance of her friendship, both in a +commercial and political view. Congress feel themselves +under great obligations to you, for the ardor you discovered +in accelerating this happy event; and the address +with which you placed it in such a train as to make it +difficult for the Spanish Minister to go back from his engagements.</p> + +<p>By this conveyance I send our Ministers the ratification +of the provisional articles. Carleton and Digby have sent +out their prisoners, and we are making arrangements to +<span class="pagenum"><a name="Page_39" id="Page_39">39</a></span> +send in ours. Congress having determined on their part +to do, not only all that good faith may require, but by this +mark of confidence to convince them, that they have no +doubt of the sincerity of their professions. Our Ministers +will show you the letters that have passed between Carleton +and me. Some among us, from finding nothing yet +done that leads to the evacuation of New York, have been +apprehensive that the British will effect delays on that subject, +till the tories are satisfied, which I can venture to tell +you in confidence they never will be unless the English shall +on their part repair all the cruel losses they have unnecessarily +occasioned. I this moment received a letter from the +General, informing me, that he had proposed a personal +interview with Carleton, in hopes of learning something of +his intentions with respect to the evacuation, but I fear he +will be deceived in this hope, if I may judge from the debates +of the 3d of March, which prove that no orders had +then been transmitted.</p> + +<p>I cannot leave writing, without expressing how sincerely +I agree with you, in your wishes that unanimity may prevail, +and the band of union among us be strengthened; +there is no thinking man here, who does not at the same +time feel the necessity and lament the difficulty of effecting +a measure, on which our happiness so greatly depends. +Congress have made some general arrangements in their +finances, which if adopted by the several States, will render +our national debt a national tie, which time and experience +may strengthen. Our Ministers will show you +those resolutions; I will not therefore unnecessarily burden +Colonel Ogden with them. For general information +I refer you to him,</p> + +<p class="indent1">And have the honor to be, &c.</p> + +<p class="signed">ROBERT R. LIVINGSTON.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_40" id="Page_40">40</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="letter_head">Chavaniac, in the Province of<br /> +Auvergne, July 20th, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>Having been for some days in the country, where +I am waiting for the arrival of the <a name="Triomphe" id="Triomphe"></a>Triomphe I am honored +with your Excellency's favor of the 12th of April, +which I hasten to acknowledge. It is for me a great happiness +to think, that Congress have been pleased to approve +my conduct, and that an early intelligence has +proved useful to our American trade. To my great satisfaction +I also hear, that my endeavors in Spain have +been agreeable to Congress. Upon my arrival in Paris +I made Mr Jay acquainted with my proceedings. The +concessions I had obtained from the Spanish Court (without +any on our part) were also put into his hands. Since +which I could have no more to do in the negotiations, +wherein I had taken the part of a temporary volunteer.</p> + +<p>However repeated may have been the marks of confidence, +which Congress have conferred upon me, they ever +fill my heart with a new satisfaction. What you have +mentioned respecting payment of debts, will of course become +my first and most interesting object. I have warmly +applied to the French Ministry, and will on that point solicit +the confidence of the gentlemen in the American +Commission. But upon hearing of an opportunity, I could +not an instant defer to acknowledge your Excellency's +letter. Agreeably to the last despatches, I am waiting for +the orders which I hope to receive by the Triomphe. +Any commands which Congress may have for me, shall +be cheerfully executed, by one of their earliest soldiers, +whose happiness it is to think, that at a less smiling moment +<span class="pagenum"><a name="Page_41" id="Page_41">41</a></span> +he had the honor to be adopted by America, and whose +blood, exertions, and affections, will in her good times, as +they have been in her worst, be entirely at her service.</p> + +<p>It appears Russia is determined upon a Turkish war, +and should they give it up now, the matter would only be +postponed. What part the Emperor is to take, we cannot +at present so well determine. Whenever the way is opened +to me, I endeavor to do that which may prove agreeable +to Congress, and intend to keep them acquainted with +political occurrences. It is a pleasing idea for me now to +think, that nothing can derange our glorious state of +liberty and independence. Nothing, I say, for I hope +measures will be taken to consolidate the Federal Union, +and by those means to defeat European arts, and insure +eternal tranquillity.</p> + +<p class="indent1">With the highest respect, I have the honor to be, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<p><i>P. S.</i> Congress have no doubt received accurate +accounts respecting the affair of free ports. On my +arrival from Spain, I found that Bayonne and Dunkirk +had been pitched upon, and I immediately applied for +L'Orient and Marseilles. L'Orient is by far the most +convenient on the coast, and we now have got it. +That being done, I am again applying for Bayonne, +which has some advantages, and I wish Congress +would send orders to Mr Barclay. In the meanwhile, +the more free ports we have the better. This affair of +free ports, the subject which Congress have recommended, +and the despatches I am directed to expect +by the Triomphe, will determine the time when, +having no more American business here, I may indulge +<span class="pagenum"><a name="Page_42" id="Page_42">42</a></span> +my ardent desire to return to the beloved shores +of America.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="letter_head">Nantes, September 7th, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>In consequence of the late arrangements, the French +September packet is about to sail, and I beg your Excellency's +leave to improve that regular, speedy, and +safe opportunity. At the same time, Congress will +receive a definitive treaty. But upon this point, since +I left Madrid, my services have not been wanting. +From our Commissioners, Congress will of course +receive better information. This one object I must +however mention, which respects American debts. +As soon as I knew the wishes of Congress, I did, as I +ever shall in such a case, earnestly apply to the French +Ministry and the American Commissioners. But I +was answered that it could not be done, and did not +even consist with the powers of the British Ministry. +After which, and at that time of the negotiation, I had +no means to improve the hint I had received from +your Excellency.</p> + +<p>As to mercantile affairs in France, Mr Barclay +will acquaint Congress with their present situation. +Bayonne and Dunkirk having been pointed out as +American free ports, and the opinion of Congress not +being known, I took upon myself to represent the +harbor of L'Orient as preferable to either of those +abovementioned. It has lately been made a free port; +and I now wish the affair of Bayonne may be again +<span class="pagenum"><a name="Page_43" id="Page_43">43</a></span> +taken up. Those three ports, with Marseilles, would +make a very proper chain, and in the meanwhile, I +hope L'Orient will prove agreeable to the American +merchants.</p> + +<p>There now exist in this kingdom many obstacles to +trade, which I hope, by little and little, will be eradicated, +and from the great national advantages of this +country over England, it will of course result that a +French trade, generally speaking, must prove more +beneficial to America. Upon many articles of American +produce I wish preference may be obtained from +this government, and besides commercial benefits in +Europe, your Excellency feels that West India arrangements +cannot easily be adjusted, with European +notions and at the present costs. Upon those objects, +Mr Barclay has had, and again will have, conferences +with the Ministers. Circumstanced as we now are, he +is, and the Commissioners also are of opinion, that +my presence in France may be serviceable. As he +was pleased to apply to me on the subject, saying he +would mention the matter to Congress, and as their +orders which I was to expect have not yet reached +me, I think it my present duty, and it ever shall be +my rule, to do that in which I hope to serve the +United States.</p> + +<p>Warlike preparations are still going on in the eastward. +Immediately after she had signed a commercial +treaty with the Turks, it pleased the Empress of +Russia to seize upon the Crimea under a frivolous +pretence. Her armies are ready to take the field, +stores and troops have been collected upon the borders +of the Black Sea, and the Turks are making immense, +<span class="pagenum"><a name="Page_44" id="Page_44">44</a></span> +but I think not very formidable, preparations. By +our last accounts the Austrians were gathering upon +those borders, which lead towards an invasion of +Turkish Provinces; and it is thought by many, that +for fear of the plague, the two Imperial powers will +prefer winter operations. How far matters may be +carried, or compromised, cannot yet be well determined. +What part France, Prussia, and England will +take, is not yet known. The Levant trade cannot but +be interested in the affair.</p> + +<p>In every American concern, Sir, my motives are so +pure, my sentiments so candid, my attachments so +warm and so long experienced, that from me nothing, +I hope, will appear intruding or improper. Upon +many points lately debated, my opinions, if worth a +remark, are well and generally known. But I must +frankly add, that the effect which some late transactions +have upon European minds cannot but make me +uneasy. In the difficulties, which a patriotic and deserving +army have met with, Europeans have been +misled to conceive a want of public gratitude. In the +opinions that have from every quarter been stated, +Europeans have also mistaken partial notions for a +want of disposition to the Federal Union; and, without +that Union, Sir, the United States cannot preserve +that dignity, that vigor, that power, which insures the +glory and the happiness of a great, liberal, and independent +nation. Nay, it would be ill fate to us, who +have worked, fought, and bled in this cause, to see the +United States a prey to the snares of European politics. +But I am only mentioning the opinions of men +on this side of the water, and in my heart, I hope +<span class="pagenum"><a name="Page_45" id="Page_45">45</a></span> +everything will be adjusted to the satisfaction of that +part of the citizens, who have served in the army, and +that other part in the civil line, who, during the war, +have sympathised with their troops. I, above every +other earthly wish, most fervently pray, that the enemies +of liberty, or such as are jealous of America, may +not have the pleasure to see us deviate from the principles +of the Federal Union. And upon a recollection +of my introductory apology, I hope the observations I +humbly offer will be as kindly received, as they are +respectfully and affectionately presented.</p> + +<p>When it is thought my presence here can be dispensed +with, or in case the situation of affairs should persuade me +it were more useful in America, I will not delay to join a +wished for and beloved land. Any orders or commands +whatever, which Congress may be pleased to give me, I +shall most cheerfully obey; and as every moment in my +life is devoted to the love and respect of the United States, +so will it ever be my happiness to serve them.</p> + +<p>With every sentiment of an affectionate regard, I have +the honor to be, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="letter_head">Paris, December 26th, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>Having received no commands from Congress by the +last packet, I must, however, trespass upon their time to +give them a few hints respecting American commerce. I +have of course directed them to Mr Morris; and although +Dr Franklin (the other Ministers being in England) will +give you political intelligence, I cannot help adding, that by +<span class="pagenum"><a name="Page_46" id="Page_46">46</a></span> +a refined piece of cunning, the King of England has got +Mr Fox out of the Ministry. After having entangled him +by a success in the House of Commons, he found means +to stop him short in the House of Lords; in consequence +of which Mr Fox has been dismissed. Mr Pitt, and the +last of the Temples called in, and the new administration, +(Lord North being also out) necessitates the calling of a +new Parliament.</p> + +<p>The affairs between Russia and the Ottoman Empire +are still negotiating, and although in my opinion a war cannot +be much deferred in that quarter, there is no probability +of its taking place so soon as next summer. The +Emperor is in Italy, upon which some say he has also got +an eye, and there he will meet with the King of Sweden. +There is no change in the French Ministry, since M. de +Calonne has succeeded to M. de Omillon, and Baron de +Breteuil to M. Amelot, both of whom are more sensible +than their predecessors.</p> + +<p>Unless I have some commands from Congress to execute +in Europe, I shall in the Spring embark for America, +and present them with the personal homage of one, whose +happiness is to feel himself forever a zealous member in +the service of the United States.</p> + +<p> +With the utmost regard, and affectionate attachment, I +have the honor to be, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> + +<h3>TO JOHN JAY, SECRETARY OF FOREIGN AFFAIRS.</h3> + +<p class="letter_head">Mount Vernon, November 25th, 1784.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>Although I hope in a few days to have the pleasure of +seeing you, I must beg leave to mention a matter, which +<span class="pagenum"><a name="Page_47" id="Page_47">47</a></span> +has not a little hurt my feelings. You probably know that +on my way, passing through New York, and particularly +on my visit to Albany, it was intimated my presence at the +Indian treaty would be of some use to the public. At +Fort Schuyler I was desired to speak to the Indians, which +I did, and the Commissioners had the papers filled up with +their other transactions. But copies were taken, which +was thought then a matter of no consequence. The enclosed +letter from Mr St John, and the gazette that accompanied +it, will show you that from the most obliging and +humble motives in the world, he attempted to translate and +print such incorrect parts of the relation as he had been +able to come at. Had his kind intentions only given him +an instant to reflect, he might have seen the impropriety of +that measure, but in the meanwhile, it looks as if it had my +consent; and such deviation is it from the manner in which +our servants of the United States ever did business, that +out of respect for Congress, for the Commissioners, and +myself, I could not rest easy until the matter should be +fully explained. Enclosed in my letter to the French +Consul, which, after you have taken out such extracts as +you think proper, I beg you will seal up and send by the +bearer. Indeed, my Dear Sir, upon your friendship I depend +to have this little circumstance officially laid before +Congress, and should these letters be worth their reading, +it will be, I hope, a satisfactory explanation of the affair.</p> + +<p>In the first days of next month I shall have the pleasure +to meet you at Trenton, and at that time will have the opportunity +of conversing with you on several subjects. No +answer from you ever came to hand.</p> + +<p class="indent1">I have the honor to be, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_48" id="Page_48">48</a></span></p> + +<h3>TO JOHN JAY.</h3> + +<p class="letter_head">Versailles, February 8th, 1785.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>After thirty days passage, I was safely landed at Brest, +and am so lately arrived in Paris, that I had better refer +you to your Ministerial intelligence. In consequence of +Austrian demands upon the Dutch, and the gun these +have fired at —— forty thousand men were sent +to the Low Countries by the Emperor, and a second division +was in motion the same way, when France gave +orders for two armies to be got in readiness, the one, +probably, in Flanders, and the other in Alsace. Holland +is gathering some troops, the greater number purchased in +Germany, and will have at the utmost, thirty thousand +men in the field. Count de Maillebois, an old and able +French General, has been demanded by them. Russia +seems friendly to the Emperor; and although the Stadtholder +is a friend to the King of Prussia, while the patriots +are wholly attached to France, yet Prussia will, no +doubt, side in politics with France, and the Stadtholder +will command his own country's troops.</p> + +<p>A grand plan is spoken of, whereby the Emperor would +endeavor to obtain Bavaria, and in return, give the Low +Countries to the Palatine House; a bargain, which +betters and increases the Imperial forces. Under these +circumstances, negotiations cannot but be very interesting. +Although the freedom of Holland, and the protection of +the German Princes, are very proper objects for France +to support, yet a war with the Emperor must be peculiarly +disagreeable to the Court. It will certainly be avoided, +if consistent with the liberties of Holland, with faith, and +<span class="pagenum"><a name="Page_49" id="Page_49">49</a></span> +dignity; and, upon the whole, I am strongly of opinion, +that no war will take place, at least for this year. The +appearance of things, however, is still warlike enough to +have made it proper for me to be arrived at the time I +did; an idea, I confess, the more necessary for the situation +of my mind, as I most heartily lamented the shortness +of this visit to America, and the obligation I had been +under to give up favorite plans, and break off more agreeable +arrangements. The officers of the regiments under +marching orders, Colonels excepted, have joined their +corps. But I hope matters will be compromised; and +such at least is my private opinion; but even they, who +know more than I do on the subject, would, perhaps, find +it difficult to form a precise one.</p> + +<p>The Ministers of Congress will, no doubt, inform you of +the situation of their negotiations in Europe. You will +have seen M. de Castine's compliance with engagements. +He had taken a letter to me, which Mr Morris laid before +Congress. Nothing new was granted, and although the +suspended decisions about flour and sugars were favorable +to them, the French merchants have complained of what +has been obtained. In every country, mercantile prejudices +wear off by little and little.</p> + +<p>I beg, my Dear Sir, you will forgive the hurry in which +I write. Be pleased to remember me to all our friends.</p> + +<p class="indent1">I have the honor to be, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_50" id="Page_50">50</a></span></p> + +<h3>TO JOHN JAY.</h3> + +<p class="letter_head">Paris, March 19th, 1785.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>I have been honored with your letter of January the +19th, and am happy to hear that federal ideas are thriving +in America. The more I see, hear, and think in Europe, +the more I wish for every measure that can ensure to the +United States, dignity, power, and public confidence. +Your three Ministers being in Paris, they will, of course, +acquaint you with the present state of America, and also +of European politics. Great Britain perseveres in her ill-humor. +Spain in her ill-understood policy. On my arrival, +I repeated what I had written; namely, the idea +of getting New Orleans, or at least to advise the Spaniards +to make it a free port. The former is impossible. +As to the second, I had no positive answer, but I am +sure my opinion was not thrown away. However, I confess +it is difficult to make converts of a Spanish cabinet. +You know them better than I do.</p> + +<p>Negotiations in Europe are still going on, and there +is every reason to hope this will be terminated without +bloodshed. Enclosed you will find a declaration, which +has been published officially in some measure, in the Leyden +Gazette. Count de Maillebois is now in Holland, +where they are raising troops, and where parties run very +high. In the meanwhile, the Emperor had another plan +in view, of which I wrote to you in my last letters; it was +to exchange his dominions in the Low Countries for the +Electorate of Bavaria. But, fortunately for all the members +of the empire, the Duke of Deux Ponts, nephew +and heir to the Elector, has firmly opposed it. A report +<span class="pagenum"><a name="Page_51" id="Page_51">51</a></span> +had been spread, that the Emperor had intended to surprise +Maestricht. But although matters are not yet finally +settled, I am pretty certain there will not be this year +any Dutch war, nor Bavarian war, both of which could +not fail to involve France. It is, however, difficult to be +decided in an opinion upon a matter, which the ideas of +one man may derange.</p> + +<p>You speak to me of the introduction of flour in the +West Indies. My wishes and my efforts are not unknown +to you. But such clamors have been raised by the +merchants against what we lately have obtained, that our +efforts now, must be directed towards holding it fast. +Those people are encouraged by the narrow politics of +England, who, say they, have all the trade of America. I +have appointed a conference with the Duc de la Vauguyon, +who is setting out for Spain, and I will tell him +everything I know respecting the Mississippi.</p> + +<p>Your Ministers will, probably, write to you respecting +the Algerine business. What information I can collect +will be presented to them.</p> + +<p class="indent1">I have the honor to be, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> + +<h3>TO JOHN JAY.</h3> + +<p class="letter_head">Paris, May 11th, 1785.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>This opportunity being very safe, Congress will have +been fully informed by their Minister and the bearer, Mr +John Adams's son, who is himself very well fit to give +them proper intelligence.</p> + +<p>The appearances of a war are more and more remote. +Politicians do, however, look towards the Ottoman Empire. +<span class="pagenum"><a name="Page_52" id="Page_52">52</a></span> +The Emperor is restless. The Empress of Russia is ambitious; +the King of Prussia is old; a King of the Romans +is to be elected; an arrangement for Bavaria, a reason or +a pretence, an interest or a whim might set fire to combustible +matters; but it is not expected for the present.</p> + +<p>As it seems to me that favors granted to American importations +are one of the best services that can be rendered +to American trade, I wish it had been possible to obtain a +total abolition of duties upon whale oil. But in this moment +government are taken up with a scheme to revive +that fishery in France. It was therefore necessary to +follow a round about course, and Mr Adams is charged +with some private proposals, which may be advantageous.</p> + +<p>In a few days I intend visiting Nismes, Montpellier, and +Rochelle, which are manufacturing and trading towns. I +hope my little journey may not be quite useless; after +which I shall go to Berlin and Silesia, to Vienna and Bohemia, +where the King of Prussia, and the Emperor, at +several periods of the summer, have grand manœuvres executed +by their troops. Should I in those visits find the +least opportunity to gratify my zeal for the United States, +I should think myself more happy than I can expect, and +as much so as your patriotic heart can feel.</p> + +<p>With the most sincere regard and affection, I have the +honor to be, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> + +<h3>TO JOHN JAY.</h3> + +<p class="letter_head">Vienna, September 6th, 1785.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>The enclosed is a Memorial in behalf of M. d'Argaynarats, +which has been recommended to me by persons of the +<span class="pagenum"><a name="Page_53" id="Page_53">53</a></span> +most respectable character. It seems M. d'Argaynarat's +situation is very particular, and the distress of himself and +family very urgent. As in the number of petitions that +may be received, it is not possible for Congress to be acquainted +with the family affairs of individuals, I hope it is +not improper for me to lay before them this particular +case; and while it is officially presented by others, not to +withhold my certificate of the accounts which respectable +characters have given me about M. d'Argaynarat's present +distresses.</p> + +<p>With the highest and most affectionate regard, I have +the honor to be, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> + +<h3>TO JOHN JAY.</h3> + +<p class="letter_head">Paris, February 11th, 1786.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>I have not for a long time had the honor to address +you, either in public or private letters. This has been +owing to a tour I made through several parts of Europe, +and to a derangement in the packets, which, to my great +concern, I found to have taken place during my absence.</p> + +<p>In the course of a journey to Prussia, Silesia, the Austrian +dominions, and back again to Berlin, I could not but +have many opportunities to improve myself by the inspection +of famous fields of battle, the conversation of the +greatest Generals, and the sight of excellent troops; those +of Prussia particularly exceeding my expectations. I had +occasions not less numerous to lament the folly of nations, +who can bear a despotic government, and to pay a new +tribute of respect and attachment to the constitutional principles +we had the happiness to establish. Wherever I +went, America was of course a topic in the conversation. +<span class="pagenum"><a name="Page_54" id="Page_54">54</a></span> +Her efforts during the contest are universally admired; +and in the transactions, which have so gloriously taken +place, there is a large field of enthusiasm for the soldier, of +wonder and applause for the politician; and to the philosopher, +and the philanthropist, they are a matter of unspeakable +delight, and I could say of admiration. Those +sentiments I had the pleasure to find generally diffused. +But to my great sorrow, (and I will the more candidly tell +it in this letter, as it can hurt none more than it hurts myself,) +I did not find that every remark equally turned to the +advantage of my pride, and of that satisfaction I feel in the +admiration of the world for the United States.</p> + +<p>In countries so far distant, under constitutions so foreign +to republican notions, the affairs of America cannot be +thoroughly understood, and such inconveniences as we +lament ourselves are greatly exaggerated by her enemies. +It would require almost a volume to relate how many mistaken +ideas I had the opportunity to set to rights. And it +has been painful for me to hear, it is now disagreeable to +mention, the bad effect which the want of federal union, +and of effective arrangements for the finances and commerce +of a general establishment of militia have had on the +minds of European nations. It is foolishly thought by +some, that democratical constitutions will not, cannot, last, +that the States will quarrel with each other, that a King, +or at least a nobility, are indispensable for the prosperity +of a nation. But I would not attend to those absurdities, +as they are answered by the smallest particle of unprejudiced +common sense, and will, I trust, be forever destroyed +by the example of America. But it was impossible for +me to feel so much unconcerned, when those points were +insisted upon, for which I could not but acknowledge +<span class="pagenum"><a name="Page_55" id="Page_55">55</a></span> +within myself there was some ground; although it was so +unfairly broached upon by the enemies of the United +States. It is an object with the European governments to +check and discourage the spirit of emigration, which, I +hope, will increase among the Germans, with a more perfect +knowledge of the situation of America. And while I +was enjoying the admiration and respect of those parts of +the world for the character of the United States; while I +was obliged to hear some remarks, which, although they +were exaggerated, did not seem to me quite destitute of a +foundation, I heartily addressed my prayers to heaven, +that by her known wisdom, patriotism, and liberality of +principles, as well as firmness of conduct, America may +preserve the consequence she has so well acquired, and +continue to command the admiration of the world.</p> + +<p>What I now have the honor to write, is the result of +conversations with the principal characters in the countries +I have visited; and particularly the Austrian and Prussian +Ministers, the Emperor, Duke of Brunswick, Prince +Henry, a man equally great and virtuous, the Prince +Royal, and the King of Prussia. With the last I have +often dined in the company of the Duke of York, second +son to his Britannic Majesty, when American affairs past +and present were brought on the carpet, and sometimes +in a manner not a little embarrassing for an English Prince. +My stay at Vienna was short, but I had a very long conference +with the Emperor, in which we spoke much of +the American trade, and I found he had imbibed British +prejudices. The next day Prince de Kaunitz introduced +the same subject to me, and expressed some astonishment, +that the United States did not make advances towards the +Emperor. I answered, advances had been made formerly, +<span class="pagenum"><a name="Page_56" id="Page_56">56</a></span> +and more than were necessary on the part of America, +whom there was as much occasion to court, as for her to +seek for alliances. But that my attachment to his Imperial +Majesty made me wish he would address, on that business, +the Ministers of Congress, now at Paris and London, +through the medium of his Ambassadors. I added, that +the best measure to be taken immediately, was to open +the Italian ports to American fish. But I do not think the +United States will ever find a very extensive commercial +benefit in her treaties with that Court.</p> + +<p>In everything that concerns France, my respected friend +Mr Jefferson will give you sufficient information. The +affair of American commerce wears a better prospect than +it has hitherto done; so far at least, that a committee has +been appointed to hear what we have to say on the trade +between this kingdom and the United States.</p> + +<p>The King of Prussia is very unwell, and cannot live +many months. His nephew is an honest, firm, military +man. From the Emperor's temper a war could be feared. +But our system is so pacific, and it will be so difficult for +England to involve us in a quarrel without acting a part +which she has no interest to do, that I do not think the tranquillity +of Europe will he deranged. Holland is checking +Stadtholderian influence, but no further. The King of +Naples and his father are quarrelling on account of a Minister, +leaning to the House of Bourbon, and devoted to +other powers, whom the son wants to keep. I had lately +an opportunity to know, that the last revolt in Peru has +lost a hundred thousand lives; but from the same account +I find that those people are far remote from the ideas +which lead to a sensible revolution.</p> + +<p class="indent1">I have the honor to be, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_57" id="Page_57">57</a></span></p> + +<h3>TO JOHN JAY.</h3> + +<p class="letter_head">Paris, October 28th, 1786.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>Owing to several circumstances, and particularly to a +journey I have made through some garrison towns, your +favor of June the 16th has reached me very late. That +there should remain the least doubt with M. Gardoqui respecting +the adoption of the English limits, is a matter of +amazement to me. The original letter having been sent +I herewith enclose a copy, with a few observations. I +think its presentation to M. Gardoqui will the better convince +him, as he knows Count de Florida Blanca's respect +for his own word of honor. And may I be allowed to +add, that the more this letter is known, the better it will +impress the public with ideas favorable to the Spaniards, +and the Spaniards, with a sense of engagements, which +men of honor cannot trifle with.<a name="FNanchor_3" id="FNanchor_3" href="#Footnote_3" class="fnanchor">[3]</a></p> + +<p>As to the navigation of the Mississippi, you know better +than I what are the strong prejudices of that Court against +it. But we both know equally well, that in a little time +we must have the navigation one way or other, which I +hope Spain may at last understand.</p> + +<p>It has been said in some newspapers, that the Floridas +should be given up to France. But nothing has come to +our knowledge, which gives the least ground for an idea +of that kind. As Mr Jefferson sends you a letter relative +to commerce, which improves the condition of the treaty +with England, whereby she has no claims on the favors +enjoyed by the United States, although she is to be treated +<span class="pagenum"><a name="Page_58" id="Page_58">58</a></span> +like the other most favored nations, and as M. Dumas is +writing on Dutch affairs, I will only beg leave to inform +you, that the appointment of the convention has had +already a good effect in Europe, and that great benefit will +be derived on this side of the water also, from the commercial +and federal measures, which it is my happiness to +hear are now under consideration.</p> + +<p>Although there may be a diversity of opinions, whether +a peace must be purchased at any rate from the Barbary +Powers, or a war must be carried on against them until +they come to proper terms, there can in no mind be any +doubt about the advantages of a third measure, which is a +confederacy of six or seven powers, each of them giving +a small quota, and the reunion of which would ensure a +constant and sufficient cruise against those pirates, and +after they are brought to terms, would guard against the +breaking of a peace which the powers would mutually +guarranty to each other. Portugal, Tuscany, Naples, +Venice, and Genoa, are now at war with those regencies. +I would like at the same time to have the armament so +managed as to use American flour, fish, and naval stores. +This plan is not as yet very well digested in my head, but +I beg leave to submit to Congress the propriety of impowering +their Ministers to stipulate for such an arrangement.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">LAFAYETTE. +</p> + +<p><i>P. S.</i> In case Congress have no particular orders for +me, (in which case I should be most happy to wait on +them, either as a soldier in their armies, or in any other +manner) I may perhaps accept the invitation of the Empress +of Russia, to be presented to her next spring in her +<span class="pagenum"><a name="Page_59" id="Page_59">59</a></span> +new dominions of Crimea, which excite my curiosity. +Should anything turn out that may employ me as a servant +of the United States, I hope they know my zeal.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_3" id="Footnote_3" href="#FNanchor_3"><span class="label">[3]</span></a> See these letters to and from Count de Florida Blanca, above, +pp. <a href="#Page_30">30</a>, <a href="#Page_32">32</a>.</p></div></div> + +<div class="thought_break"></div> + +<h3>TO JOHN JAY.</h3> + +<p class="letter_head">Paris, February 7th, 1787.</p> + +<p class="letter_open">Dear Sir,</p> + +<p>This letter goes in the first packet from Havre, a change +advantageous both to passengers and correspondents, and +through the hands of Colonel Franks, whose good conduct +at Morocco has entitled him to a share of that respect, +which has been deservedly paid to the American Embassy. +Mr Barclay's refusal of the presents has been a +matter of wonder to every African, and I dare say to +some Europeans, whose accounts do full justice to him.</p> + +<p>To Mr Jefferson's despatches I refer for useful intelligence. +The affairs of Holland do not make a progress +towards conciliation. It seems that the King of +Prussia will not find himself the better for counteracting +in many points, the line of conduct of his deceased uncle. +A treaty of commerce is signed between France and Russia. +The Empress has set out on her journey towards +Crimea. She had permitted my waiting on her, but I am +detained by the Assembly of Notables, an event not very +common, neither expected, which does honor to the King +and his Ministry, and will, I trust, be productive of public +good.</p> + +<p>I have had the honor to send copies of my old correspondence +with the Count de Florida Blanca. The enclosed +one will supply any accident that may have befallen +the others. We are told, that the unhappy disturbances +<span class="pagenum"><a name="Page_60" id="Page_60">60</a></span> +in New England have subsided. To us they do not appear +so dangerous as to Europeans; but sufficiently so to +give us a great deal of concern. May all Americans know +the blessings of their own constitutions, and from comparison +judge, that if they are to correct, it would be madness +in them to destroy.</p> + +<p>I hope the convention at Philadelphia will answer the +essential and urgent purposes of the confederation, commerce, +and the establishment of a uniform and republican +militia. Each State has within itself the means fully sufficient +to set right the opinions of mistaken citizens, and +those means seem to me principally founded on the good +sense, knowledge, and patriotic liberality of the people. +Every wrong measure of theirs would hurt, not only the +consequence of the United States, but also the cause of +liberty in all parts of the world.</p> + +<p> +With the most sincere regard and attachment, I have +the honor to be, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> + +<h3>TO JOHN JAY.</h3> + +<p class="letter_head">Paris, May 3d, 1787.</p> + +<p class="letter_open">My Dear Sir,</p> + +<p>Had I been sooner acquainted with Mr Forrest's departure, +I would have given you more particular accounts +of the latter part of our session, but have only +time to enclose the speeches that were made by the +heads of the several departments. Not that such +etiquette speeches are in any way interesting on the +other side of the Atlantic, but because you will in the +same book find that of the Archbishop of Toulouse, +<span class="pagenum"><a name="Page_61" id="Page_61">61</a></span> +wherein he gives the King's answer to the several demands +of the Bureau. You will see, that if the madness +and corruption of the late administration have +laid us under a necessity to acknowledge that, after all +other means would be exhausted, taxes must be employed +to fill up the vacancy, yet we have gained not +a little by the convocation of the Assembly. A more +equal repartition of taxes, including the clergy, who +hitherto had escaped them, and the powerful ones +among the noblesse, who were not very exact; Provincial +Assemblies on an elective principle, which, by the +bye, are big with happy, very happy consequences, +that will come to light as we go on; economies to the +amount of forty millions at least; the destruction of +interior custom houses; a modification of the Gabelle; +an annual publication of the account of the finances; +the printing of all pensions, gifts, &c.; more proper +arrangements within some departments; and a more +general instruction, habit of thinking on public affairs, +&c. &c. are the good effects of this Assembly, which, +although it was not national, since we were not representatives, +behaved with great propriety and patriotism.</p> + +<p>On the last day of our session, I had the happiness +to carry two motions in my Bureau which were, I +may almost say, unanimously agreed to; the one in +favor of the Protestant citizens of France, the other +for an examination of the laws, particularly the criminal +ones. Enclosed is the resolve framed by the Bureau, +which Count D'Artois, our President, presented +to the King, and was graciously received. I was the +more pleased with it, as some step of the kind, with +<span class="pagenum"><a name="Page_62" id="Page_62">62</a></span> +respect to the protestants, that had been tried in the +Parliament of Paris, had not the proper success. So +far are we from religious freedom, that even in asking +for tolerance, we must measure our expressions. I +was more liberally supported, by a learned and virtuous +prelate, the bishop of Langres, who spoke admirably +on the religious motion I had introduced. You +will see that the Bureau clogged it with many compliments +to the Roman creed, to appease the priests and +devotees.</p> + +<p>I cannot express to you, my Dear Sir, what my +feelings have been, whenever the unpaid interest of +the American debt has been spoken of in the examination +of the accounts. May the convention be the +happy epocha of federal, energetic, patriotic measures! +May the friends of America rejoice! May her enemies +be humbled, and her censors silenced at the news +of her noble exertions in continuance of those principles, +which have placed her so high in the annals of +history, and among the nations of the earth.</p> + +<p>The archbishop of Toulouse is the ablest, and one of +the most honest men, that could be put at the head of +administration. He will be the prime influencer in +everything, and we may depend upon him as a man +equally enlightened and liberal.</p> + +<p>I beg you will present my respectful compliments +and those of Madame de Lafayette to Mrs Jay. Remember +me to General Knox, Colonel Hamilton, +Colonel Wadsworth, the Chancellor, Mr Madison, +Doctor Cochran, the Governor, in a word, to all +friends.</p> + +<p>Please send the enclosed printed speeches, and +<span class="pagenum"><a name="Page_63" id="Page_63">63</a></span> +copied resolves of the Bureau, to Mr Otho, who must +be very desirous of getting them.</p> + +<p class="indent1">Most respectfully and affectionately yours,</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="thought_break"></div> + +<h3>TO JOHN JAY.</h3> + +<p class="letter_head">Paris, October 15th, 1787.</p> + +<p class="letter_open">Sir,</p> + +<p>The present state of politics having been laid before +Congress, I shall the less intrude on their time with repetitions, +as the late transactions in Holland have nothing +pleasing to dwell upon. That the republican party have +been disunited in many respects, and blinded in the choice +of a General, that our cabinet have been treacherously deceived, +are true, but insufficient apologies. The Ottomans, +roused by England, will, probably, pay for their +folly with one half of their empire. It now lies with England, +whether a maritime war is to break out, which must +involve the continent, and connect France with the two +Imperial Courts. France is sincere in her politics and +moderate in her pretensions, as it is the ardent wish of the +King, Ministers, and nation, to devote themselves to internal +improvements. But the affairs of Holland, those in +the east, the giddiness of the King of Prussia's head, and +British rancor for the assistance given to America, are +causes of war, which, notwithstanding the disposition of +this Ministry, may, probably, be blown up in Great +Britain.</p> + +<p>It is natural for a citizen and servant of the United +States to consider what effect a maritime war would have +upon them; and I am happy to find in their indulgence +<span class="pagenum"><a name="Page_64" id="Page_64">64</a></span> +and long experienced confidence, every encouragement to +offer my opinion.</p> + +<p>A co-operation against a proud and rancorous enemy +would equally please my politics as a Frenchman, my +feelings as an American, my views as an individual. I +was nine years ago honored with the choice of Congress, to +command an army into Canada, and never have I ceased +to enjoy the prospect of its enfranchisement. A successful +war, too, might divide the fisheries between France and +America. But are not the United States so circumstanced +for the present, as to render a war too expensive +for them and too dangerous to their commerce?</p> + +<p>Convinced as I am, that it is the case, I think myself +bound in duty and love for them, not to indulge my ambition +further than a neutrality useful to them and favorable +to their allies. Every American harbor will offer a +shelter for the French ships, a market for their prizes, and +all the conveniences of repair and victualling; all which +being consistent with treaties gives no ground of complaint. +Although the trade is going on between England and America, +it does not hinder the French Colonies from being +supplied with all their wants. Privateering itself, if under +French colors, does no harm; and so may the United +States enrich themselves with a free trade with both +nations, at the same time that they maintain their own +tranquillity and help their allies. And should they be +forced into a war, I would wish at least it was delayed as +long as possible, and postponed, for obvious reasons, to the +last campaign.</p> + +<p>It is to be confessed, that France might lay some claims +on more decisive measures, but sensible as she is of the +unavoidable situation of affairs in America, I have reasons +<span class="pagenum"><a name="Page_65" id="Page_65">65</a></span> +to believe she would not hurry her into a war, and will be +satisfied with such a friendly, helping neutrality.</p> + +<p>But I consider the present time as a proper one to obtain +the restoration of the forts, and, perhaps, the navigation +of the Mississippi, two points, which I confess I could +never submit to the idea of giving up. The one is +ours<a name="FNanchor_4" id="FNanchor_4" href="#Footnote_4" class="fnanchor">[4]</a> by the laws of nations, the other by the laws of +nature; and may I be permitted to add, that either concession +would be inconsistent with the character of the +United States.</p> + +<p>Mr Jefferson gives an account of the measure taken +respecting the commerce between this kingdom and America. +I wish that affair had been terminated in time for the +departure of Count de Mourtier, a gentleman whose personal +character will, I trust, deserve the confidence and +approbation of Congress.</p> + +<p>We are anxiously waiting for the result of the convention +at Philadelphia, as an event which, being engrafted in +the present dispositions of the people, will, probably, add a +lustre and a proper weight to the affairs of America in +Europe; and, while it ensures internal happiness and +prosperity, will baffle the insidious wishes, and annihilate +the absurd reports of her enemies.</p> + +<p>The next month is the appointed time for the sessions +of all Provincial Assemblies, an establishment, which +will be productive of the best consequences.</p> + +<p>The liberty I have taken in expressing my opinion on +an event not certain, but not improbable, cannot be referred, +I am sure, to any principles of vanity or self-sufficiency; +<span class="pagenum"><a name="Page_66" id="Page_66">66</a></span> +but to the gratitude so well grounded, and the zeal, +which shall ever rank me among the most devoted servants +of the United States.</p> + +<p>With every sentiment of personal attachment and regard, +I have the honor to be, &c.</p> + +<p class="signed">LAFAYETTE.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_4" id="Footnote_4" href="#FNanchor_4"><span class="label">[4]</span></a> It must be remembered, that in these letters General Lafayette +always speaks of himself as an American.</p></div></div> + +<p><span class="pagenum"><a name="Page_67" id="Page_67"></a></span></p> + +<div class="section_break"></div> + +<div class="section_head"> +<h2><span class="the">THE</span><br /> +<span class="correspondence">CORRESPONDENCE</span><br /> +<span class="of">OF THE</span><br /> +<span class="name">COMMISSIONERS</span><br /> +<span class="sub_name">FOR NEGOTIATING A PEACE WITH GREAT BRITAIN.</span></h2></div> + +<div class="section_break"></div> + +<p>As early as September 27th, 1779, John Adams was +appointed by Congress Minister Plenipotentiary for negotiating +a treaty of peace and commerce with Great Britain, +whenever that power should be prepared to acknowledge +the independence of the United States, and enter into a +treaty. Mr Adams went to Europe on this mission, but as +no opportunity occurred for putting it into execution, he +received another appointment as Minister to Holland.</p> + +<p>Meantime Congress, on the 14th of June, 1781, annulled +Mr Adams's first commission for negotiating a treaty, and +associated with him four other persons for this purpose, +namely, Benjamin Franklin, John Jay, Henry Laurens, +and Thomas Jefferson. To these five commissioners, or +to a majority of them, or any one of them alone, in case +accident prevented the presence of the others, was assigned +the power of making a treaty of peace with such commissioners, +as should be appointed for the same object on the +part of the English Court. Richard Oswald was the British +Commissioner. He went to Paris in the Spring of +1782, and commenced the negotiation with Dr Franklin, +who was then the only one of the American Commissioners +present. Mr Jay arrived in Paris from Spain on the +23d of June, and united with Dr Franklin in the labors of +the mission. As Mr Adams was then employed in completing +a treaty with Holland, he did not join his colleagues +<span class="pagenum"><a name="Page_70" id="Page_70">70</a></span> +till near the end of October. The Provisional articles +were signed on the 30th of November. Mr Laurens was +present at the signature of the treaty, having arrived only +two days previous to that event. Mr Jefferson did not engage +in the mission.</p> + +<p>Adams, Franklin, and Jay remained in Paris after the +signature of the preliminary articles, as Commissioners for +making a Definitive Treaty. The English government sent +David Hartley to Paris for the same purpose. Many propositions +passed between the Commissioners of the respective +countries, but after ten months' fruitless discussion, the +Definitive Treaty was signed in the exact words of the +Provisional Articles, on the 3d of September, 1783.</p> + +<p>As the Commissioners corresponded singly with the +Secretary of Foreign Affairs, and the President of Congress, +during the whole period of the negotiation, they +wrote but few letters in concert. The records of the +Commissioners, kept by their Secretary, have also been +lost. Nearly all the papers, which have much value, have +been found and arranged for the present publication, but +there are yet some deficiencies. The history of the negotiation +can only be understood by reading carefully, in connexion +with these papers and letters, the correspondence +of each of the Commissioners during the same period.</p> + +<div class="section_break"></div> +<div class="section_head"><span class="pagenum"><a name="Page_71" id="Page_71"></a></span> +<h2><span class="the">THE</span><br /> +<span class="correspondence">CORRESPONDENCE</span><br /> +<span class="of">OF THE</span><br /> +<span class="name">COMMISSIONERS</span><br /> +<span class="sub_name">FOR NEGOTIATING A PEACE WITH GREAT BRITAIN.</span></h2></div> + +<div class="thought_break"></div> + +<h3>COMMISSION TO TREAT OF PEACE.</h3> + +<p>The United States of America, in Congress assembled, +to all to whom these presents shall come, send greeting.</p> + +<p>Whereas, these United States, from a sincere desire of +putting an end to the hostilities between his Most Christian +Majesty and these United States, on the one part, and his +Britannic Majesty on the other, and of terminating the +same by a peace founded on such solid and equitable principles +as reasonably to promise a permanency of the blessings +of tranquillity, did heretofore appoint the honorable +John Adams, late a Commissioner of the United States of +America at the Court of Versailles, late Delegate in Congress +from the State of Massachusetts, and Chief Justice +of the said State, their Minister Plenipotentiary, with full +powers, general and special, to act in that quality, to confer, +treat, agree, and conclude with the Ambassadors, or +Plenipotentiaries, of his Most Christian Majesty, and of his +Britannic Majesty, and those of any other Princes or States, +whom it might concern, relating to the re-establishment of +peace and friendship; and whereas, the flames of war +<span class="pagenum"><a name="Page_72" id="Page_72">72</a></span> +have since that time been extended, and other nations and +States are involved therein,</p> + +<p>Now know ye, that we, still continuing earnestly desirous, +as far as it depends upon us, to put a stop to the effusion +of blood, and to convince the powers of Europe, that +we wish for nothing more ardently, than to terminate the +war by a safe and honorable peace, have thought proper to +renew the powers formerly given to the said John Adams, +and to join four other persons in commission with him, and +having full confidence in the integrity, prudence, and ability +of the honorable Benjamin Franklin, our Minister Plenipotentiary +at the Court of Versailles, and the honorable John +Jay, late President of Congress, and Chief Justice of the +State of New York, and our Minister Plenipotentiary at +the Court of Madrid, and the honorable Henry Laurens, +formerly President of Congress, and commissioned and +sent as our Agent to the United Provinces of the Low +Countries, and the honorable Thomas Jefferson, Governor +of the Commonwealth of Virginia, have nominated, constituted, +and appointed, and by these presents do nominate, +constitute, and appoint, the said Benjamin Franklin, John +Jay, Henry Laurens, and Thomas Jefferson, in addition to +the said John Adams, giving and granting to them, the said +John Adams, Benjamin Franklin, John Jay, Henry Laurens, +and Thomas Jefferson, or the majority of them, or of +such of them as may assemble, or, in the case of the death, +absence, indisposition, or other impediment of the others, +to any one of them, full power and authority, general and +special, conjunctly and separately, and general and special +command to repair to such place as may be fixed upon for +opening negotiations for peace, and there for us, and in our +name, to confer, treat, agree, and conclude with the Ambassadors, +<span class="pagenum"><a name="Page_73" id="Page_73">73</a></span> +Commissioners, and Plenipotentiaries of the +Princes and States, whom it may concern, vested with +equal powers relating to the establishment of peace, and +whatsoever shall be agreed and concluded for us, and in +our name to sign and thereupon make a treaty or treaties, +and to transact everything, that may be necessary for completing, +securing, and strengthening the great work of pacification, +in as ample form, and with the same effect, as if +we were personally present and acted therein, hereby promising +in good faith, that we will accept, ratify, fulfil and +execute whatever shall he agreed, concluded, and signed +by our said Ministers Plenipotentiary, or a majority of +them, or of such of them as may assemble, or, in case of +the death, absence, indisposition, or other impediment of +the others, by any one of them; and that we will never +act, nor suffer any person to act, contrary to the same, in +whole or in any part.</p> + +<p>In witness whereof, we have caused these presents to be +signed by our President, and sealed with his seal.</p> + +<p>Done at Philadelphia, the fifteenth day of June, in the +year of our Lord one thousand seven hundred and eightyone, +and in the fifth year of our independence, by the United +States in Congress assembled.</p> + +<p class="signed"> +SAMUEL HUNTINGTON, <i>President</i>.</p> + +<div class="thought_break"></div> + +<h3>COMMISSION TO ACCEPT THE MEDIATION OF THE EMPRESS +OF RUSSIA AND THE EMPEROR OF GERMANY.</h3> + +<p>The United States of America to all to whom these +presents shall come, send Greeting.</p> + +<p>Whereas his Most Christian Majesty, our great and +<span class="pagenum"><a name="Page_74" id="Page_74">74</a></span> +beloved friend and ally, has informed us by his Minister +Plenipotentiary, whom he has appointed to reside near us, +that their Imperial Majesties the Empress of Russia and +the Emperor of Germany, actuated by sentiments of +humanity, and a desire to put a stop to the calamities of +war, have offered their mediation to the belligerent powers, +in order to promote peace; now know ye, that we, desirous +as far as depends upon us, to put a stop to the effusion of +blood, and convince all the powers of Europe that we +wish for nothing more ardently than to terminate this war +by a safe and honorable peace; relying on the justice of +our cause, and persuaded of the wisdom and equity of their +Imperial Majesties, who have so generously interposed +their good offices for promoting so salutary a measure; +have appointed and constituted, and by these presents do +constitute and appoint, our trusty and well beloved John +Adams, late delegate in Congress, from the State of Massachusetts, +and Benjamin Franklin, our Minister at the +Court of France, John Jay, late President of Congress, +and now our Minister at the Court of Madrid, Henry Laurens, +formerly President of Congress, and commissioned +and sent as our agent to the United Provinces of the Netherlands, +and Thomas Jefferson, Governor of the Commonwealth +of Virginia, our Ministers Plenipotentiary, giving +and granting to them, or such of them as shall assemble, or +in case of death, absence, indisposition, or other impediment, +of the others, to any one of them, full power and +authority in our name, and on our behalf, in concurrence +with his Most Christian Majesty, to accept in due form, +the mediation of their Imperial Majesties the Empress of +Russia and the Emperor of Germany.</p> + +<p>In testimony whereof, we have caused these presents to +be signed by our President, and sealed with his seal. +<span class="pagenum"><a name="Page_75" id="Page_75">75</a></span></p> + +<p>Done at Philadelphia this fifteenth day of June, in the +year of our Lord one thousand seven hundred and eightyone, +and in the fifth year of our independence.</p> + +<p>By the United States in Congress assembled.</p> + +<p class="signed"> +SAMUEL HUNTINGTON, <i>President</i>.</p> + +<div class="thought_break"></div> + +<h3>INSTRUCTIONS TO THE COMMISSIONERS FOR PEACE.</h3> + +<p class="letter_head">In Congress, June 15th, 1781.</p> + +<p class="letter_open">To the Honorable John Adams, Benjamin Franklin, John +Jay, Henry Laurens, and Thomas Jefferson, Ministers +Plenipotentiary in behalf of the United States, to negotiate +a treaty of peace.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>You are hereby authorised and instructed to concur, in +behalf of these United States, with his Most Christian +Majesty, in accepting the mediation proposed by the Empress +of Russia and the Emperor of Germany.</p> + +<p>You are to accede to no treaty of peace, which shall +not be such as may 1st, effectually secure the independence +and sovereignty of the Thirteen United States, according +to the form and effect of the treaties subsisting +between the said United States and his Most Christian +Majesty; and 2dly, in which the said treaties shall not be +left in their full force and validity.</p> + +<p>As to disputed boundaries, and other particulars, we refer +you to the instructions given to Mr John Adams, dated +14th of August, 1779, and 18th of October, 1780,<a name="FNanchor_5" id="FNanchor_5" href="#Footnote_5" class="fnanchor">[5]</a> from +which you will easily perceive the desires and expectations +of Congress. But we think it unsafe, at this distance, to +<span class="pagenum"><a name="Page_76" id="Page_76">76</a></span> +tie you up by absolute and peremptory directions upon any +other subject, than the two essential articles above mentioned. +You are therefore at liberty to secure the interest +of the United States, in such manner as circumstances may +direct, and as the state of the belligerent, and the disposition +of the mediating powers may require. For this purpose, +you are to make the most candid and confidential communications +upon all subjects to the Ministers of our generous +ally, the King of France; to undertake nothing in the negotiations +for peace or truce, without their knowledge and +concurrence; and ultimately to govern yourselves by their +advice and opinion, endeavoring in your whole conduct to +make them sensible how much we rely upon his Majesty's +influence for effectual aid in everything that may be necessary +to the peace, security, and future prosperity of the +United States of America.</p> + +<p>If a difficulty should arise, in the course of the negotiation +for peace, from the backwardness of Great Britain to +acknowledge our independence, you are at liberty to agree +to a truce, or to make such other concessions as may not +affect the substance of what we contend for; and provided +that Great Britain be not left in possession of any part of +the United States.</p> + +<p class="signed">SAMUEL HUNTINGTON, <i>President</i>.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_5" id="Footnote_5" href="#FNanchor_5"><span class="label">[5]</span></a> See these instructions in <i>John Adams's Correspondence</i>, Vol. IV +p. 339; and <i>Secret Journal</i>, Vol. II. p. 339.</p></div></div> + +<div class="thought_break"></div> + +<h3>THE KING'S WARRANT FOR RICHARD OSWALD'S FIRST +COMMISSION FOR NEGOTIATING PEACE.<a name="FNanchor_6" id="FNanchor_6" href="#Footnote_6" class="fnanchor">[6]</a></h3> + +<p class="letter_open">George R.</p> + +<p>Our will and pleasure is, and we hereby authorise and +command you forthwith to prepare a bill for our signature, +<span class="pagenum"><a name="Page_77" id="Page_77">77</a></span> +to pass our great seal of Great Britain, in the words or to +the effect following, viz;</p> + +<p>George the Third, by the Grace of God, King of Great +Britain, France, and Ireland, Defender of the Faith, and so +forth. To our trusty and well beloved Richard Oswald, of +our city of London, Esquire, Greeting. Whereas by virtue +of an Act passed in the last session of Parliament, entitled +"An Act to enable his Majesty to conclude a peace or truce +with certain Colonies in North America therein mentioned," +it is recited, 'that it is essential to the interest, welfare, and +prosperity of Great Britain and the Colonies or Plantations +of New Hampshire, Massachusetts Bay, Rhode Island, +Connecticut, New York, New Jersey, Pennsylvania, the +lower counties on Delaware, Maryland, Virginia, North +Carolina, South Carolina, and Georgia, in North America, +that peace, intercourse, trade and commerce, should be restored +between them;' Therefore, and for a full manifestation +of our most earnest wish and desire, and that of our +Parliament to put an end to the calamities of war, it is +enacted, that it should and might be lawful for us to treat, +consult of, agree and conclude, with any Commissioner or +Commissioners, named or to be named, by the said Colonies +or Plantations, or with any body or bodies, corporate +or politic, or any assembly or assemblies or description of +men, or any person or persons whatsoever, a peace or +truce with the said Colonies or Plantations, or any of them, +or any part or parts thereof, any law, act, or acts of Parliament, +matter or thing, to the contrary in anywise notwithstanding.</p> + +<p>Now know ye that we, reposing special trust in your +wisdom, loyalty, diligence, and circumspection in the management +of the affairs to be hereby committed to your +<span class="pagenum"><a name="Page_78" id="Page_78">78</a></span> +charge, have nominated and appointed, constituted and +assigned, and by these presents do nominate and appoint, +constitute and assign you, the said Richard Oswald, to be +our Commissioner in that behalf, to use and exercise all +and every the powers and authorities, hereby intrusted and +committed to you, the said Richard Oswald, and to do, +perform, and execute all other matters and things, hereby +enjoined and committed to your care, during our will and +pleasure, and no longer, according to the tenor of these +our letters patent. And it is our royal will and pleasure, +and we hereby authorise, empower, and require you, +the said Richard Oswald, to treat, consult, and conclude +with any Commissioner or <i>Commissioners, named or to +be named, by the said Colonies or Plantations, and any +body or bodies, corporate or politic, assembly or assemblies, +or descriptions of men, or person or persons, whatsoever, +a peace or truce with the said Colonies or Plantations, +or any of them, or any part or parts thereof</i>; any +law, act or acts of Parliament, matter or thing, to the contrary +notwithstanding.</p> + +<p>And it is our further will and pleasure, that every +regulation, provision, matter or thing, which shall have +been agreed upon between you, the said Richard +Oswald, and such <i>Commissioner or Commissioners, body +or bodies, corporate or politic, assembly or assemblies, +descriptions of men, person or persons as aforesaid</i>, with +whom you shall have judged meet and sufficient to +enter into such agreement, shall be fully and distinctly +set forth in writing, and authenticated by your hand +and seal, on one side, and <i>by such seal or other signatures +on the other as the occasion may require, and as may be +suitable to the character and authority of the Commissioner</i> +<span class="pagenum"><a name="Page_79" id="Page_79">79</a></span> +<i>or Commissioners, &c. as aforesaid so agreeing</i>, and such +instruments so authenticated shall be by you transmitted +to us through one of our principal Secretaries of +State.</p> + +<p>And it is our further will and pleasure, that you, the +said Richard Oswald, shall promise and engage for us +and in our royal name and word, that every regulation, +provision, matter, or thing, which may be agreed to +and concluded by you, our said Commissioner, shall +be ratified and confirmed by us in the fullest manner +and extent, and that we will not suffer them to be violated +or counteracted either in whole or in part by any +person whatsoever. And we hereby require and +command all our officers, civil and military, and all +others our loving subjects whatever, to be aiding and +assisting unto you, the said Richard Oswald, in the +execution of this our commission, and of the powers +and authorities herein contained; provided always, +and we hereby declare and ordain, that the several +offices, powers and authorities hereby granted shall +cease, determine, and become utterly null and void, on +the first day of July, which shall be in the year of our +Lord one thousand seven hundred and eightythree, +although we shall not otherwise in the meantime have +revoked and determined the same, in witness, &c. +And for so doing this shall be your warrant.</p> + +<p>Given at our Court of St James, the twentyfifth +day of July, one thousand seven hundred and eightytwo.<a name="FNanchor_7" id="FNanchor_7" href="#Footnote_7" class="fnanchor">[7]</a> +In the twentysecond year of our reign. By +his Majesty's command.</p> + +<p class="signed">THOMAS TOWNSHEND.</p> + +<p class="indent1">To our Attorney or Solicitor-General.</p> + +<div class="footnotes"><h4>FOOTNOTES:</h4> + +<div class="footnote"><p><a name="Footnote_6" id="Footnote_6" href="#FNanchor_6"><span class="label">[6]</span></a> The parts of this Commission, which were objected to by the +American Commissioners are printed in italics.</p></div> + +<div class="footnote"><p><a name="Footnote_7" id="Footnote_7" href="#FNanchor_7"><span class="label">[7]</span></a> This commission was signed by the King on the 7th of August.</p></div></div> +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_80" id="Page_80">80</a></span></p> + +<h3>RICHARD OSWALD'S SECOND COMMISSION FOR NEGOTIATING +PEACE.<a name="FNanchor_8" id="FNanchor_8" href="#Footnote_8" class="fnanchor">[8]</a></h3> + +<p>George the Third, by the Grace of God, King of +Great Britain, France and Ireland, Defender of the +Faith, and so forth. To our trusty and well beloved +Richard Oswald, of our city of London, Esquire, +Greeting. Whereas, by virtue of an Act passed in the +last session of Parliament, entitled "An Act to enable +his Majesty to conclude a peace or truce with certain +colonies in North America therein mentioned," it is recited, +'that it is essential to the interest, welfare and +prosperity of Great Britain and the Colonies or Plantations +of New Hampshire, Massachusetts, Rhode Island, +Connecticut, New York, New Jersey, Pennsylvania, +the three lower counties on Delaware, Maryland, +Virginia, North Carolina, South Carolina, and Georgia +in North America, that peace, intercourse, trade and +commerce should be restored between them;' Therefore, +and for a full manifestation of our earnest wish +and desire, and of that of our Parliament, to put an +end to the calamities of war, it is enacted, that it +should and might be lawful for us to treat, consult of, +agree and conclude, with any Commissioner or Commissioners, +named or to be named by the said Colonies +or Plantations, or any of them respectively, or with +any body or bodies, corporate or politic, or any assembly +or assemblies, or description of men, or any person +or persons whatsoever, a peace or a truce with the said +<span class="pagenum"><a name="Page_81" id="Page_81">81</a></span> +Colonies or Plantations, or any of them, or any part or +parts thereof; any law, act, or acts of Parliament, +matter or thing to the contrary, in anywise, notwithstanding.</p> + +<p>Now know ye, that we, reposing special trust in +your wisdom, loyalty, diligence and circumspection, +in the management of the affairs to be hereby committed +to your charge, have nominated and appointed, +constituted and assigned, and by these presents do +nominate and appoint, constitute and assign you, the +said Richard Oswald to be our Commissioner in that +behalf, to use and exercise all and every the powers +and authorities hereby intrusted and committed to you, +the said Richard Oswald, and to do, perform, and execute +all other matters and things hereby enjoined and +committed to your care, during our will and pleasure, +and no longer, according to the tenor of these our letters +patent. And it is our royal will and pleasure, and +we do hereby authorise, empower, and require you, +the said Richard Oswald, to treat of, consult, and conclude +with any <i>Commissioners or persons vested with +equal powers, by and on the part of the Thirteen United +States of America, viz. New Hampshire, Massachusetts +Bay, Rhode Island, Connecticut, New Jersey, Pennsylvania, +the three lower counties on Delaware, Maryland, +Virginia, North Carolina, South Carolina, and Georgia, +in North America, a peace or a truce with the said Thirteen +United States</i>; any law, act, or acts of Parliament, +matter or thing to the contrary, in anywise, notwithstanding.</p> + +<p>And it is our further will and pleasure, that every +regulation, provision, matter or thing, which shall have +<span class="pagenum"><a name="Page_82" id="Page_82">82</a></span> +been agreed upon between you, the said Richard Oswald, +and such <i>Commissioners or persons as aforesaid</i>, +with whom you shall have judged meet and sufficient +to enter into such agreement, shall be fully and distinctly +set forth in writing, and authenticated by your +hand and seal on one side, <i>and by the hands and seals +of such Commissioners or persons on the other</i>, and such +instrument so authenticated shall be by you transmitted +to us, through one of our principal Secretaries of +State.</p> + +<p>And it is our further will and pleasure, that you, the +said Richard Oswald, shall promise and engage for us +and in our royal name and word, that every regulation, +provision, matter or thing, which may be agreed +to, and concluded by you, our said Commissioner, +shall be ratified and confirmed by us in the fullest +manner and extent, and that we will not suffer them +to be violated or counteracted, either in whole or in +part, by any person whatsoever. And we do hereby +require and command all our officers civil and military, +and all others our loving subjects whatsoever, to be +aiding and assisting unto you, the said Richard Oswald, +in the execution of this our commission, and of the +powers and authorities herein contained; provided +always, and we do hereby declare and ordain, that the +several offices, powers and authorities hereby granted, +shall cease, determine, and become utterly null and +void, on the first day of July, which shall be in the +year of our Lord one thousand seven hundred and +eightythree; although we shall not otherwise in the +meantime have revoked and determined the same.</p> + +<p><i>And whereas in and by our commission and letters patent +<span class="pagenum"><a name="Page_83" id="Page_83">83</a></span> +under our great seal of Great Britain, bearing date +the seventh day of August last, we nominated and appointed, +constituted and assigned you, the said Richard +Oswald, to be our Commissioner to treat, consult of, agree +and conclude, with any Commissioner or Commissioners, +named or to be named, by certain Colonies or Plantations +in America therein specified, a peace or a truce with the +said Colonies or Plantations; now know ye, that we +have revoked and determined, and by these presents do +revoke and determine our said commission and letters patent, +and all and every power, article and thing therein +contained.</i> In witness whereof we have caused these +our letters to be made patent.</p> + +<p>Witness ourself at Westminster, the twentyfirst day +of September, in the twentysecond year of our reign. +By the King himself.</p> + +<p class="signed"> +YORKE.</p> + +<p><i>Paris, October 1st, 1782.</i> I certify that the adjoining +is a true copy of the commission of which it purports +to be a copy, and which has been shown to Mr +Franklin and Mr Jay.</p> + +<p class="signed"> +RICHARD OSWALD,<br /> +<i>The Commissioner therein named</i>. +</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_8" id="Footnote_8" href="#FNanchor_8"><span class="label">[8]</span></a> The parts of this Commission, which were altered or added, in +consequence of the objections of the American Commissioners to Mr +Oswald's first commission, are printed in italics.</p></div></div> + +<div class="thought_break"></div> + +<h3>COMMISSION TO WILLIAM T. FRANKLIN.</h3> + +<p>To all to whom these Presents shall come, Benjamin +Franklin and John Jay send Greeting.</p> + +<p>Whereas the United States of America, in Congress assembled, +did on the 15th of June, in the year of our Lord +1781, appoint and constitute the said Benjamin Franklin, +<span class="pagenum"><a name="Page_84" id="Page_84">84</a></span> +John Jay, John Adams, Henry Laurens, and Thomas +Jefferson, and the majority of them, and of such of them +as should assemble for the purpose, their Commissioners +and Plenipotentiaries, to treat of, and conclude peace in +their behalf; and whereas the said United States, in +Congress assembled, did on the 26th of June, in the year +of our Lord 1781, appoint Francis Dana, until he could +proceed to the Court of Petersburg, either in a public or +private capacity, to be Secretary to the said Plenipotentiaries +for negotiating a peace with Great Britain, and in +case Mr Dana should have proceeded, or thereafter proceed +to Petersburg, or to any part of the dominions of the +Empress of Russia, the Ministers appointed by the said +act of Congress of the 15th of June, 1781, or a majority +of such of them as should assemble, should be, and thereby +were, authorised to appoint a Secretary to their commission, +and that he be entitled to receive, in proportion to +his time of service, the salary of one thousand pounds +sterling per annum allowed to Mr Dana. And whereas his +Britannic Majesty has issued a commission, dated the +21st of September, 1782, to Richard Oswald, to treat of, +and conclude peace with any Commissioners, or persons +vested with equal powers, by, and on the part of the +Thirteen United States of America; and whereas the said +Richard Oswald is at Paris, ready to execute his said +commission, and has exchanged with the said Benjamin +Franklin and John Jay, copies of their respective commissions, +and entered on the business of the same, whereby +the appointment of a Secretary to the American commission +has become necessary, and the said Mr Dana +now being at Petersburg, the right of appointing such +Secretary has, in pursuance of the afore-recited act of +<span class="pagenum"><a name="Page_85" id="Page_85">85</a></span> +Congress, devolved on the said Commissioners, and on the +majority of them, and of such of them as have assembled +for the purpose of executing their said commission; and +whereas Mr Jefferson, one of the said Commissioners, +has not come to Europe, and Mr Laurens, another of +them, has declined to accept the said office, and Mr +Adams, another of them, is at the Hague, so that the said +Benjamin Franklin and John Jay are the only Commissioners +now assembled to execute the said commission;</p> + +<p>Now know ye, that they, reposing special trust and confidence +in the ability and integrity of William T. Franklin, +to perform and fulfil the duties of Secretary to their said +commission, have appointed and constituted, and by these +presents do appoint and constitute the said William T. +Franklin, Secretary to the said commission.</p> + +<p>In witness whereof, the said Benjamin Franklin and +John Jay, have hereunto set their hands and seals, this first +day of October, in the year of our Lord one thousand +seven hundred and eightytwo, and in the seventh year of +the independence of the said United States.</p> + +<p class="signed"> +B. FRANKLIN,<br /> +JOHN JAY. +</p> + +<p>Approved on my part, Mr Franklin having acted with +propriety as Secretary to the commission from the time of +my arrival here. Paris, January 10th, 1783.</p> + +<p class="signed"> +HENRY LAURENS.</p> + +<p>Approved on my part, Mr Franklin having acted with +propriety as Secretary to the commission from the time of +my arrival here. Paris, September 8th, 1783.</p> + +<p class="signed"> +JOHN ADAMS.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_86" id="Page_86">86</a></span></p> + +<h3>RESOLUTIONS OF CONGRESS.</h3> + +<p class="letter_head">In Congress, October 3d, 1782.</p> + +<p>On report of a Committee, to whom were referred +notes of a conference with the Minister of France, held +by a Committee of Congress on the 24th of September +last;<a name="FNanchor_9" id="FNanchor_9" href="#Footnote_9" class="fnanchor">[9]</a></p> + +<p><i>Resolved</i>, That the Minister Plenipotentiary of his Most +Christian Majesty be informed;</p> + +<p>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 had so justly inspired;</p> + +<p>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 allies and +friends shall be considered and determined, is entirely correspondent +to the part, which these United States are resolved +to take in any negotiations for peace;</p> + +<p>That Congress, with the utmost satisfaction, embrace +this opportunity to renew their assurances, that, in every +event, the 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;</p> + +<p>That they will hearken to no propositions for peace, +which shall not be discussed in confidence and in concert +<span class="pagenum"><a name="Page_87" id="Page_87">87</a></span> +with his Most Christian Majesty, agreeably to the declaration +made to the Minister Plenipotentiary on the 31st day +of May last;<a name="FNanchor_10" id="FNanchor_10" href="#Footnote_10" class="fnanchor">[10]</a></p> + +<p>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;</p> + +<p>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;</p> + +<p>That Congress placed 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 right, 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 claim may be urged;</p> + +<p>That Congress trust that the circumstances of the allies, +at the negotiation for peace, will be so prosperous as to +<span class="pagenum"><a name="Page_88" id="Page_88">88</a></span> +render these expectations consistent with the spirit of moderation +recommended by his Majesty.</p> + +<p>Ordered, That the Committee, who brought in the +report, communicate to the honorable Minister of France +the above answer of Congress to his communications.</p> + +<p>Ordered, That the Secretary for Foreign Affairs transmit, +by the first opportunity, a copy of the same to the +Ministers of these States at foreign Courts.</p> + +<div class="footnotes"><h4>FOOTNOTES:</h4> + +<div class="footnote"><p><a name="Footnote_9" id="Footnote_9" href="#FNanchor_9"><span class="label">[9]</span></a> See these Notes of a Conference in the <i>Secret Journals of Congress</i>, +Vol. III. p. 218.</p></div> + +<div class="footnote"><p><a name="Footnote_10" id="Footnote_10" href="#FNanchor_10"><span class="label">[10]</span></a> <i>Secret Journal</i>, Vol. III. p. 138.</p></div></div> + +<div class="thought_break"></div> + +<h3>ARTICLES AGREED ON BETWEEN THE AMERICAN AND +BRITISH COMMISSIONERS.<a name="FNanchor_11" id="FNanchor_11" href="#Footnote_11" class="fnanchor">[11]</a></h3> + +<p class="letter_head">October 8th, 1782.</p> + +<p>Articles agreed upon by and between Richard Oswald, +the Commissioner of his Britannic Majesty, for treating +of peace with the Commissioners of the United States of +America, on the behalf of his said Majesty on the one +part, and Benjamin Franklin and John Jay, of the Commissioners +of the said States, for treating of peace with the +Commissioner of his said Majesty on their behalf, on the +other part.</p> + +<p>To be inserted in, and to constitute the treaty of peace, +proposed to be concluded between the Crown of Great +Britain and the said United States; but which treaty is not +to be concluded, until his Britannic Majesty shall have +agreed to the terms of peace between France and Britain, +proposed or accepted by his Most Christian Majesty; and +shall be ready to conclude with him such treaty accordingly. +It being the duty and intention of the United States +<span class="pagenum"><a name="Page_89" id="Page_89">89</a></span> +not to desert their ally, but faithfully, and in all things to +abide by, and fulfil their engagements with his Most Christian +Majesty.</p> + +<p>Whereas reciprocal advantages and mutual convenience +are found by experience, to form the only permanent foundation +of peace and friendship between States, it is agreed +to frame the articles of the proposed treaty, on such principles +of liberal equality and reciprocity, as that partial +advantages (those seeds of discord) being excluded, such +a beneficial and satisfactory intercourse between the two +countries may be established, as to promise and secure to +both the blessings of perpetual peace and harmony. 1st. +His Britannic Majesty acknowledges the said United States +viz. New Hampshire, Massachusetts Bay, Rhode Island +and Providence Plantations, Connecticut, New York, New +Jersey, Pennsylvania, Delaware, Maryland, Virginia, North +Carolina, South Carolina, and Georgia, to be free, sovereign +and independent States; that he treats with them as +such; and for himself, his heirs and successors, relinquishes +all claims to the government, propriety, and territorial rights +of the same, and every part thereof; and that all disputes +which might arise in future, on the subject of the boundaries +of the said United States, may be prevented, it is +hereby agreed and declared, that the following are, and +shall remain to be their boundaries, viz.</p> + +<p>The said States are bounded north, by a line to be drawn +from the northwest angle of Nova Scotia, along the high +lands, which divide those rivers which empty themselves +into the river St Lawrence, from those which fall into the +Atlantic ocean, to the northernmost head of Connecticut +river; thence down along the middle of that river to the +fortyfifth degree of north latitude, and thence due west in +<span class="pagenum"><a name="Page_90" id="Page_90">90</a></span> +the latitude fortyfive degrees north from the equator, to +the northwesternmost side of the river St Lawrence, or +Cadaraqui; thence straight to the south end of the lake +Nipissing, and thence straight to the source of the river +Mississippi, west by a line to be drawn along the middle of +the river Mississippi, from its source to where the said +line shall intersect the thirtyfirst degree of north latitude; +south by a line to be drawn due east from the termination +of the line last mentioned, in the latitude of thirtyone degrees +north of the equator to the middle of the river Apalachicola +or Catahouchi; thence along the middle thereof +to its junction with the Flint river; thence straight to the +head of St Mary's river; thence down along the middle +of St Mary's river to the Atlantic ocean; and east by a +line to be drawn along the middle of St John's river, from +its source to its mouth in the Bay of Fundy; comprehending +all islands within twenty leagues of any part of the +shores of the United States, and lying between lines to be +drawn due east from the points where the aforesaid boundaries, +between Nova Scotia, on the one part, and East +Florida on the other, shall respectively touch the Bay of +Fundy and the Atlantic ocean.</p> + +<p>2dly. From and immediately after the conclusion of the +proposed treaty, there shall be a firm and perpetual peace +between his Britannic Majesty and the United States, and +between the subjects of the one and the citizens of the +other; wherefore all hostilities, both by sea and land, shall +then immediately cease; all prisoners on both sides shall be +set at liberty; and his Britannic Majesty shall forthwith, and +without causing any distinction, withdraw all his armies, +garrisons, and fleets, from the said United States, and from +every post, place, and harbor, within the same, leaving in +<span class="pagenum"><a name="Page_91" id="Page_91">91</a></span> +all fortifications the American artillery that may be therein; +and shall also order and cause all archives, records, deeds, +and papers, belonging to either of the said States, or their +citizens, which in the course of the war, may have fallen +into the hands of his officers, to be forthwith restored, and +delivered to the proper States and persons to whom they +belong.</p> + +<p>3dly. That the subjects of his Britannic Majesty and +people of the said United States, shall continue to enjoy +unmolested, the right to take fish of every kind on the +banks of Newfoundland, and other places where the inhabitants +of both countries used formerly, to wit, before +the last war between France and Britain, to fish and also +to dry and cure the same at the accustomed places, +whether belonging to his said Majesty or to the United +States; and his Britannic Majesty and the said United +States will extend equal privileges and hospitality to each +other's fishermen as to their own.</p> + +<p>4thly. That the navigation of the river Mississippi, from +its source to the ocean, shall forever remain free and open, +and that both there, and in all rivers, harbors, lakes, ports, +and places, belonging to his Britannic Majesty or to the +United States, or in any part of the world, the merchants +and merchant ships, of the one and the other, shall be +received, treated, and protected, like the merchants and +merchant ships of the sovereign of the country. That is +to say, the British merchants and merchant ships, on the +one hand, shall enjoy in the United States, and in all places +belonging to them, the same protection and commercial +privileges, and be liable only to the same charges and +duties as their own merchants and merchant ships; and on +the other hand, the merchants and merchant ships of the +<span class="pagenum"><a name="Page_92" id="Page_92">92</a></span> +United States, shall enjoy in all places belonging to his +Britannic Majesty, the same protection and commercial +privileges and be liable only to the same charges and duties +of British merchants and merchant ships, saving always +to the chartered trading companies of Great Britain, such +exclusive use and trade, and their respective posts and +establishments, as neither the subjects of Great Britain, +nor any of the more favored nations participate in.</p> + +<p><i>Paris, October 8th, 1782.</i> A true copy of which has +been agreed on between the American Commissioners and +me, to be submitted to his Majesty's consideration.</p> + +<p class="signed"> +RICHARD OSWALD.</p> + +<p>Alteration to be made in the treaty, respecting the boundaries +of Nova Scotia, viz. East, the true line between +which and the United States shall be settled by Commissioners, +as soon as conveniently may be after the war.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_11" id="Footnote_11" href="#FNanchor_11"><span class="label">[11]</span></a> These Articles were sent to England for the King's consideration. +See <i>Franklin's Correspondence</i>, Vol. IV. p. 49.</p></div></div> + +<div class="thought_break"></div> + +<h3>RICHARD OSWALD TO THE COMMISSIONERS.</h3> + +<p class="letter_head">Paris, November 4th, 1782.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>You may remember, that from the very beginning of +our negotiations for settling a peace between Great Britain +and America, I insisted that you should positively stipulate +for a restoration of the property of all those persons, +under the denomination of loyalists or refugees, who have +taken part with Great Britain in the present war; or if the +property had been resold and passed into such variety of +hands, as to render the restoration impracticable, (which +you asserted to be the case in many instances) you should +stipulate for a compensation or indemnification to those +<span class="pagenum"><a name="Page_93" id="Page_93">93</a></span> +persons, adequate to their losses. To these propositions +you said you could not accede. Mr Strachey, since his +arrival at Paris, has most strenuously joined me in insisting +upon the said restitution, compensation, or indemnification, +and in laying before you every argument in favor +of those demands, founded upon national honor, and upon +the true principles of justice. These demands you must +have understood to extend, not only to all persons of the +above mentioned description, who have fled to Europe, +but likewise to all those who may be now in any parts of +North America, dwelling under the protection of his Majesty's +arms or otherwise.</p> + +<p>We have also insisted upon a mutual stipulation for a +general amnesty on both sides, comprehending thereby +an enlargement of all persons, who on account of offences, +committed or supposed to be committed, since the commencement +of hostilities, may be now in confinement; and +for an immediate repossession of their properties, and +peaceable enjoyment thereof, under the government of the +United States. To this you have not hitherto given a +particular or direct answer.</p> + +<p>It is, however, incumbent on me, as Commissioner of +the King of Great Britain, to repeat those several demands; +and without going over those arguments upon paper, +(which we have so often urged in conversation,) to +press your immediate attention to these subjects, and to +urge you to enter into proper stipulations for the restitution, +compensation, and amnesty above mentioned, before +we proceed further in this negotiation.</p> + +<p class="indent1">I have the honor to be, &c.</p> + +<p class="signed">RICHARD OSWALD.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_94" id="Page_94">94</a></span></p> + +<h3>ARTICLES TAKEN TO ENGLAND BY MR STRACHEY.<a name="FNanchor_12" id="FNanchor_12" href="#Footnote_12" class="fnanchor">[12]</a></h3> + +<p class="letter_head">November 5, <a name="Date" id="Date"></a>1782.</p> + +<p>Articles agreed upon by and between Richard Oswald, +Commissioner of his Britannic Majesty, for treating of +peace with the Commissioners of the United States of +America, on behalf of his said Majesty on the one part; +and John Adams, Benjamin Franklin, and John Jay, three +of the Commissioners of the said States, for treating of +peace with the Commissioner of his said Majesty, on their +behalf, on the other part, to be inserted in, and to constitute +the treaty of peace, proposed to be concluded between +the Crown of Great Britain and the said United States; +but which treaty is not to be concluded until his Britannic +Majesty shall have agreed to the terms of a peace between +France and Britain, proposed or accepted of by his Most +Christian Majesty, and shall be ready to conclude with +him such treaty accordingly; it being the duty and intention +of the United States not to desert their ally, but faithfully +and in all things to abide by and fulfil their engagements +with his Most Christian Majesty.</p> + +<p>Whereas reciprocal advantages and mutual convenience +are found by experience to form the only permanent foundation +of peace and friendship between States, it is agreed +to form the articles of the proposed treaty on such principles +of liberal equality and reciprocity as that partial advantages +(those seeds of discord) being excluded, such a +beneficial and satisfactory intercourse between the two +countries may be established as to promise and secure to +both perpetual peace and harmony.</p> + +<p><span class="pagenum"><a name="Page_95" id="Page_95">95</a></span></p> + +<p>His Britannic Majesty acknowledges the said United +States, viz. New Hampshire, Massachusetts, Rhode Island, +Connecticut, New York, New Jersey, Pennsylvania, +Delaware, Maryland, Virginia, North Carolina, South +Carolina, and Georgia, to be free, sovereign, and independent +States; that he treats with them as such; and for +himself, his heirs and successors, relinquishes all claims to +the government, propriety and territorial rights of the +same and every part thereof; and that all disputes which +might arise in future on the subject of the boundaries of +the said United States may be prevented, it is hereby +agreed and declared, that the following are and shall remain +to be their boundaries, viz.</p> + +<p>From the northwest angle of Nova Scotia, being that +angle which is formed by a line drawn due north from the +source of St Croix river to the highlands which divide the +rivers which empty themselves into the river St Lawrence +from those which fall into the Atlantic ocean, and along +the said highlands to the northwesternmost head of Connecticut +river, thence down along the middle of that river +to the 45th degree of north latitude, following the said latitude +until it strikes the river Mississippi; thence by a line, +to be drawn along the middle of the said river Mississippi, +until it shall intersect the northernmost part of the 31st degree +of latitude north of the equator; south, by a line to +be drawn due east from the termination of the line last +mentioned in the latitude of the 31st degree to the middle +of the river Apalachicola or Catahouchi, thence along the +middle thereof to its junction with the Flint river, thence +straight to the head of St Mary's river, and thence +down along the middle of St Mary's river to the Atlantic +ocean; east, by a line from the mouth of said St Mary's +<span class="pagenum"><a name="Page_96" id="Page_96">96</a></span> +river to the mouth of the river St Croix in the Bay of +Fundy, and by a line drawn through the middle of said +river to its source, and from its source directly north to the +aforesaid highlands, which divide the rivers which fall into +the Atlantic ocean from those which empty themselves +into the river St Lawrence, comprehending all islands +within twenty leagues of any part of the shores of the +United States, and lying between lines to be drawn due +east from the points where the aforesaid boundaries of St +Croix river and St Mary's river shall respectively touch +the Bay of Fundy and the Atlantic ocean.</p> + +<p>It is agreed, that all such royalists or refugees, as well as +all such British merchants or other subjects as may be resident +in any of the United States at the time of the evacuation +thereof by the arms and garrisons of his Britannic +Majesty, shall be allowed six months thereafter to remove +to any part of the world; and also, at their election, to +dispose of, within the said term, or to carry with them their +goods and effects. And it is understood, that the said +States shall extend such further favor to the said merchants, +and such amnesty and clemency to the said refugees, as +their respective circumstances and the dictates of justice +and humanity may render just and reasonable; and particularly, +that amnesty and indemnity be granted to all such +of the said refugees, as may be unaffected by acts, judgments, +or prosecutions, actually passed or commenced a +month previous to such evacuation.</p> + +<p>That the subjects of his Britannic Majesty and the people +of the said United States, shall continue to enjoy unmolested, +the right to take fish of every kind on all the +Banks of Newfoundland, also in the Gulf of St Lawrence, +and all other places where the inhabitants of both countries +<span class="pagenum"><a name="Page_97" id="Page_97">97</a></span> +used at any time heretofore to fish; and also to dry and +cure their fish on the shores of the Isle of Sables, Cape +Sables, and the shores of any of the unsettled bays, harbors +or creeks of Nova Scotia, and of the Magdalen +Islands. And his Britannic Majesty and the said United +States will extend equal privileges and hospitality to each +other's fishermen as to their own.</p> + +<p>Whereas certain of the United States, excited thereto +by the unnecessary destruction of private property, have +confiscated all debts due from their citizens to British subjects; +and also in certain instances, lands belonging to the +latter; and whereas, it is just that private contracts made +between individuals of the two countries before the war, +should be faithfully executed; and as the confiscation of +the said lands may have a latitude not justifiable by the +law of nations, it is agreed, that British creditors shall, notwithstanding, +meet with no lawful impediment to recovering +the full value or sterling amount of such <i>bona fide</i> debts +as were contracted before the year 1775. And also, that +Congress will recommend to the said States, so to correct +(if necessary) their said acts respecting the confiscation of +the lands in America, belonging to real British subjects, as +to render the said acts consistent with perfect justice and +equity. As to the cession made of certain lands in Georgia, +by a number of Indians there, on the 1st of June, +1773, for the purpose of paying the debts due from them +to a number of traders, the American Commissioners +say, that the State of Georgia is alone competent to consider +and decide on the same; for that it being a matter of +internal police, with which neither Congress nor their Commissioners +are authorised to interfere, it must of necessity +be referred to the discretion and justice of that State, who, +<span class="pagenum"><a name="Page_98" id="Page_98">98</a></span> +without doubt, will be disposed to do what may be just and +reasonable on the subject.</p> + +<p>Similar reasons and considerations constrain the Commissioners +to give the like answer to the case of Mr Penn's +family.</p> + +<p>From and immediately after the conclusion of the proposed +treaty, there shall be a perpetual and firm peace, +&c. (the same as the second article in the preceding set of +articles.)</p> + +<p>That the navigation of the river Mississippi from its +source to the ocean, shall forever remain free and open.</p> + +<p><span class="smcap">Separate Article.</span> It is hereby understood and +agreed, that in case Great Britain at the conclusion of the +present war shall be, or be put in possession of West Florida, +the line of north boundary between the said Province +and the United States, shall be a line drawn from the +mouth of the river Yazoo, where it unites with the Mississippi, +due east to the river Apalachicola, and thence along +the middle of that river to its junction with the Flint +river, &c.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_12" id="Footnote_12" href="#FNanchor_12"><span class="label">[12]</span></a> These Articles were agreed to after the return of the first set, +which had been sent to England October 8th. See above p. <a href="#Page_80">80</a>.</p></div></div> + +<div class="thought_break"></div> + +<h3>H. STRACHEY TO THE COMMISSIONERS.</h3> + +<p class="letter_head">Paris, November 5th, 1782.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>Knowing the expectation of the King's Ministers, that a +full indemnity shall be provided for the whole body of refugees, +either by a restitution of their property or by some +stipulated compensation for their losses, and being confident, +as I have repeatedly assured you, that your refusal +upon this point will be the great obstacle to a conclusion +and ratification of that peace, which is meant as a solid +<span class="pagenum"><a name="Page_99" id="Page_99">99</a></span> +perfect, permanent reconciliation and reunion between +Great Britain and America, I am unwilling to leave Paris +without once more submitting the matter to your consideration. +It affects equally, in my opinion, the honor and the +humanity of your country and of ours. How far you will +be justified in risking every favorite object of America, +by contending against those principles, is for you to determine. +Independence, and more than a reasonable possession +of territory, seem to be within your reach. Will you +suffer them to be outweighed by the gratification of resentment +against individuals? I venture to assert, that such a +conduct has no parallel in the history of civilized nations.</p> + +<p>I am under the necessity of setting out by two o'clock +today; if the time is too short for your reconsideration, and +final determination of this important point, I shall hope that +you will enable Mr Oswald to despatch a messenger after +me, who may be with me before morning at Chantilly, +where I propose sleeping tonight, or who may overtake +me before I arrive in London, with a satisfactory answer +to this letter.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">H. STRACHEY.</p> + +<div class="thought_break"></div> + +<h3>TO RICHARD OSWALD.</h3> + +<p class="letter_head">Paris, November 5th, 1782.</p> + +<p class="letter_open">Sir,</p> + +<p>In answer to the letter you did us the honor to write on +the 4th instant, we beg leave to repeat what we often +said in conversation, viz; that the restoration of such of +the estates of refugees as have been confiscated is impracticable, +because they were confiscated by laws of particular +States, and in many instances have passed by legal +<span class="pagenum"><a name="Page_100" id="Page_100">100</a></span> +titles through several hands. Besides, Sir, as this is a +matter evidently appertaining to the internal polity of the +separate States, the Congress, by the nature of our constitution, +have no authority to interfere with it.</p> + +<p>As to your demand of compensation to those persons, +we forbear enumerating our reasons for thinking it ill +founded. In the moment of conciliatory overtures, it +would not be proper to call certain scenes into view, over +which a variety of considerations should induce both parties +at present to draw a veil. Permit us therefore only to +repeat, that we cannot stipulate for such compensation, +unless on your part it be agreed, to make retribution to +our citizens for the heavy losses they have sustained by the +unnecessary destruction of private property.</p> + +<p>We have already agreed to an amnesty more extensive +than justice required, and full as extensive as humanity +could demand. We can therefore only repeat that it cannot +be extended farther. We should be sorry, if the absolute +impossibility of our complying further with your propositions, +should induce Great Britain to continue the war +for the sake of those who caused and prolonged it. But +if that should be the case, we hope that the utmost latitude +will not be again given to its rigors.</p> + +<p>Whatever may be the issue of this negotiation, be assured, +Sir, that we shall always acknowledge the liberal, +manly, and candid manner in which you have conducted it, +and that we shall remain, with the warmest sentiments of +esteem and regard, Sir, your most obedient and very humble +servants,</p> + +<p class="signed"> +JOHN ADAMS,<br /> +B. FRANKLIN,<br /> +JOHN JAY.<br /></p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_101" id="Page_101">101</a></span></p> + +<h3>TO H. STRACHEY.</h3> + +<p class="letter_head">Paris, November 6th, 1782.</p> + +<p class="letter_open">Sir,</p> + +<p>We have been honored with your favor of the 5th inst., +and as our answer to a letter we received from Mr Oswald +on the same subject contains our unanimous sentiments +respecting it, we take the liberty of referring you to the +enclosed copy of that answer.</p> + +<p class="indent1">We have the honor to be, &c.</p> + +<p class="signed">JOHN ADAMS,<br /> +B. FRANKLIN,<br /> +JOHN JAY.<br /></p> + +<div class="thought_break"></div> + +<p class="translation"><i>Third Set of Articles.</i></p> + +<p><i>Monday, November 25th, 1782.</i> The three Commissioners, +Adams, Franklin, and Jay, met at Mr Oswald's +lodgings at the <i>Hôtel de Muscovie</i>, and after some conferences +Mr Oswald delivered them the following Articles, +as fresh proposals of the British Ministry, sent by Mr +Strachey, viz;</p> + +<p>Articles agreed upon by and between Richard Oswald, +the Commissioner of his Britannic Majesty, for treating of +peace with the Commissioners of the United States of +America, in behalf of his said Majesty, on the one part, +and John Adams, Benjamin Franklin, and John Jay, three +of the Commissioners of the said States, for treating of +peace with the Commissioner of his said Majesty, on their +behalf on the other part, to be inserted in, and to constitute +the treaty of peace, proposed to be concluded between the +Crown of Great Britain and the said United States, but +which treaty is not to be concluded, until the terms of a +<span class="pagenum"><a name="Page_102" id="Page_102">102</a></span> +peace shall be agreed upon between Great Britain and +France, and his Britannic Majesty shall be ready to conclude +such treaty accordingly.</p> + +<p>Whereas reciprocal advantages and mutual convenience +are found by experience to form the only permanent +foundation of peace and friendship between States, it is +agreed to form the Articles of the proposed treaty on such +principles of liberal equity and reciprocity, as that partial +advantages, (those seeds of discord,) being excluded, such +a beneficial and satisfactory intercourse between the two +countries may be established, as to promise and secure to +both perpetual peace and harmony.</p> + +<p><span class="smcap">Article i.</span> His Britannic Majesty acknowledges the +said United States, viz, New Hampshire, Massachusetts +Bay, Rhode Island and Providence Plantations, Connecticut, +New York, New Jersey, Pennsylvania, Delaware, +Maryland, Virginia, North Carolina, South Carolina, and +Georgia, to be free, sovereign and independent States, that +he treats with them as such, and for himself, his heirs and +successors, relinquishes all claims to the government, propriety, +and territorial rights of the same, and every part +thereof; and, that all disputes which might arise in future +on the subject of the boundaries of the said United States +may be prevented, it is hereby agreed and declared, that +the following are and shall be their boundaries, viz;</p> + +<p><span class="smcap">Article ii.</span> From the northwest angle of Nova +Scotia, viz; that angle which is formed by a line drawn +due north from the source of St Croix river to the highlands, +along the said highlands, which divide those rivers +that empty themselves into the river St Lawrence from +those which fall into the Atlantic ocean, to the northwesternmost +head of Connecticut river, thence down along the +<span class="pagenum"><a name="Page_103" id="Page_103">103</a></span> +middle of that river to the 45th degree of north latitude; +from thence by a line due west on said latitude until it +strikes the river Iroquois or Cataroquy; thence along the +middle of said river into Lake Ontario, through the middle +of said Lake until it strikes the communication by +water between that Lake and Lake Erie; thence along the +middle of said communication, into Lake Erie, through +the middle of said Lake, until it arrives at the water communication +between that Lake and Lake Huron; thence +along the middle of said water communication into Lake +Huron; thence through the middle of the said Lake, +to the water communication between that Lake and Lake +Superior; thence through Lake Superior, northward of the +Isles Royal and Philippeaux to the Long Lake; thence +through the middle of said Long Lake, and the water communication +between it and the Lake of the Woods, to the +said Lake of the Woods; thence through the said Lake to +the most northwestern point thereof; and from thence on a +due western course to the river Mississippi, thence by a +line to be drawn along the middle of the said river Mississippi +until it shall intersect the northernmost part of the +31st degree of north latitude. South by a line to be +drawn due east from the determination of the line last +mentioned, in the latitude of 31 degrees north of the equator +to the middle of the river Apalachicola, or Catahouchi; +thence along the middle thereof to its junction with +the Flint river, thence straight to the head of St Mary's +river; and thence down along the middle of St Mary's +river to the Atlantic ocean. East by a line to be drawn +along the middle of the river St Croix, from its mouth in +the Bay of Fundy to its source; and from its source directly +north, to the aforesaid highlands, which divide the +<span class="pagenum"><a name="Page_104" id="Page_104">104</a></span> +rivers that fall into the Atlantic ocean from those which +fall into the river St Lawrence; comprehending all Islands +within twenty leagues of any part of the shores of the United +States, and lying between lines to be drawn due east from +the point where the aforesaid boundaries between Nova +Scotia on the one part, and East Florida on the other shall +respectively touch the Bay of Fundy and the Atlantic +ocean; excepting such Islands as now are, or heretofore +have been, within the limits of the said Province of Nova +Scotia.</p> + +<p><span class="smcap">Article iii.</span> The citizens of the said United +States shall have <i>the liberty</i> of taking fish of every kind +on all the banks of Newfoundland, and also in the Gulf +of St Lawrence; and also to dry and cure their fish on +the shores of the Isle of Sables and on the shores of +any of the unsettled bays, harbors and creeks of the +Magdalen Islands, in the Gulf of St Lawrence, so long +as such bays, harbors and creeks shall continue and +remain unsettled; on condition that the citizens of the +said United States do not exercise the fishery, but at +the distance of three leagues from all the coast belonging +to Great Britain, as well those of the continent as +those of the islands situated in the Gulf of St Lawrence. +And as to what relates to the fishery on the +coast of the Island of Cape Breton out of the said gulf, +the citizens of the said United States shall not be permitted +to exercise the said fishery, but at the distance +of fifteen leagues from the coasts of the Island of Cape +Breton.</p> + +<p><span class="smcap">Article iv.</span> It is agreed, that the British creditors +shall meet with no lawful impediment to the recovery +of the full value, in sterling money, of such <i>bona fide</i> +<span class="pagenum"><a name="Page_105" id="Page_105">105</a></span> +debts as were contracted by any persons who are citizens +of the United States, before the year 1775.</p> + +<p><span class="smcap">Article v.</span> It is agreed, that restitution shall be +made of all estates, rights and properties in America, +which have been confiscated during the war.</p> + +<p><span class="smcap">Article vi.</span> There shall be a full and entire +amnesty of all acts and offences, which have been or +may be supposed to have been committed on either +side, by reason of the war, and in the course thereof; +and no one shall hereafter suffer in life or person, or +be deprived of his property, for the part he may have +taken therein. All persons in confinement on that +account, shall immediately on the ratification of the +treaty in America, be set at liberty; all prosecutions +which may be depending in consequence of any of the +said offences, shall cease, and no fresh prosecutions +shall at any time hereafter be commenced thereupon.</p> + +<p><span class="smcap">Article vii.</span> There shall be a firm and perpetual +peace between his Britannic Majesty and the said +States, and between the subjects of the one, and the +citizens of the other; wherefore all hostilities both by +sea and land shall then immediately cease; all prisoners +on both sides shall be set at liberty; and his +Britannic Majesty shall with all convenient speed and +without causing any destruction, withdraw all his armies, +garrisons and fleets from the said United States, +and from every port, place and harbor within the +same, leaving in all fortifications the American artillery +that may be therein. And shall also order and +cause all archives, records and papers, belonging to +any of the said States or their citizens, which in the +course of the war may have fallen into the hands of +<span class="pagenum"><a name="Page_106" id="Page_106">106</a></span> +his officers, to be forthwith restored and delivered to +the proper States and persons to whom they belong.</p> + +<p><span class="smcap">Article viii.</span> The navigation of the Mississippi, +from its source to the ocean, shall forever remain free +and open to the subjects of Great Britain and citizens +of the United States.</p> + +<p><span class="smcap">Separate Article.</span> It is hereby understood and +agreed, that in case Great Britain, at the end of the +present war, shall be, or be put in possession of West +Florida, the line of north boundary between the said +province and the United States, shall be a line drawn +from the mouth of the river Yazoo, where it unites +with the river Mississippi, due east to the river Apalachicola.</p> + +<div class="thought_break"></div> + +<h3>ARTICLE PROPOSED AND READ TO THE COMMISSIONERS, +BEFORE SIGNING THE PRELIMINARY ARTICLES.<a name="FNanchor_13" id="FNanchor_13" href="#Footnote_13" class="fnanchor">[13]</a></h3> + +<p>It is agreed, that his Britannic Majesty will earnestly +recommend it to his Parliament to provide for +and make a compensation to the merchants and shopkeepers +of Boston, whose goods and merchandise were +seized and taken out of their stores, warehouses and +shops, by order of General Gage and others of his +commanders and officers there; and also to the inhabitants +of Philadelphia, for the goods taken away by his +army there; and to make compensation, also, for the +tobacco, rice, indigo, and negroes, &c. seized and carried +<span class="pagenum"><a name="Page_107" id="Page_107">107</a></span> +off by his armies under Generals Arnold, Cornwallis, +and others, from the States of Virginia, North +and South Carolina, and Georgia, and also for all vessels +and cargoes, belonging to the inhabitants of the said +United States, which were stopped, seized, or taken, +either in the ports, or on the seas, by his Governors, +or by his ships of war, before the declaration of war +against the said States.</p> + +<p>And it is farther agreed, that his Britannic Majesty +will also earnestly recommend it to his Parliament to +make compensation for all the towns, villages, and +farms, burnt and destroyed by his troops, or adherents, +in the said United States.</p> + +<h3>FACTS.</h3> + +<p>There existed a free commerce, upon mutual faith, +between Great Britain and America. The merchants +of the former credited the merchants and planters of +the latter, with great quantities of goods, on the common +expectation, that the merchants, having sold the +goods, would make the accustomed remittances; that +the planters would do the same by the labor of their +negroes, and the produce of that labor, tobacco, rice, +indigo, &c.</p> + +<p>England, before the goods were sold in America, +sends an armed force, seizes those goods in the stores; +some even in the ships that brought them, and carries +them off; seizes, also, and carries off the tobacco, +rice, and indigo, provided by the planters to make returns, +and even the negroes, from whose labor they +might hope to raise other produce for that purpose. +<span class="pagenum"><a name="Page_108" id="Page_108">108</a></span></p> + +<p>Britain now demands that the debts shall, nevertheless, +be paid.</p> + +<p>Will she, can she, justly, refuse making compensation +for such seizures?</p> + +<p>If a draper, who had sold a piece of linen to a neighbor +on credit, should follow him, take the linen from +him by force, and then send a bailiff to arrest him for +the debt, would any court of law or equity award the +payment of the debt, without ordering a restitution of +the cloth?</p> + +<p>Will not the debtors in America cry out, that, if +this compensation be not made, they were betrayed +by the pretended credit, and are now doubly ruined; +first, by the enemy, and then by the negotiators at +Paris, the goods and negroes sold them being taken +from them, with all they had besides, and they are +now to be obliged to pay for what they have been +robbed of?</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_13" id="Footnote_13" href="#FNanchor_13"><span class="label">[13]</span></a> This <i>Article</i>, and the <i>Facts</i> which follow, were drawn up by Dr +Franklin, and intended to be insisted on, in case the British Commissioners +persevered in their demands respecting the fisheries. +See <i>Franklin's Correspondence</i>, Vol. IV. p. 50.</p></div></div> + +<div class="thought_break"></div> + +<h3>TO M. DE LAFAYETTE,</h3> + +<p class="letter_head"> +Paris, November 28th, 1782.</p> + +<p class="letter_open">Sir,</p> + +<p>We have received the letter you did us the honor to +write on the 25th instant.</p> + +<p>Our country has had early and repeated proofs both of +your readiness and abilities to do her service. The prospect +of an inactive campaign in America induced us to +adopt the opinion, that you might be more useful here than +there; especially, in case the negotiation for peace, on the +part of France in England, should be committed to your +<span class="pagenum"><a name="Page_109" id="Page_109">109</a></span> +management; for your knowledge of our affairs and attachment +to our interest, might have been very advantageous +to us on such an occasion. But as an opportunity +now offers of your being instrumental in producing a co-operation, +which would, probably, put a glorious and +speedy termination to the war in America, we, for our +part, perfectly approve of your going with Count d'Estaing, +in the manner proposed.</p> + +<p class="indent1"> +We have the honor to be, &c. &c.</p> + +<p class="signed">JOHN ADAMS,<br /> +B. FRANKLIN,<br /> +JOHN JAY.<br /></p> + +<div class="thought_break"></div> + +<h3>PROVISIONAL ARTICLES OF PEACE.</h3> + +<p>Articles agreed upon by and between Richard Oswald, +Esq. the Commissioner of his Britannic Majesty for treating +of peace with the Commissioners of the United States +of America, in behalf of his said Majesty on the one part, +and John Adams, Benjamin Franklin, John Jay, and +Henry Laurens, four of the Commissioners of the said +States for treating of peace with the Commissioner of his +said Majesty, on their behalf, on the other part; to be +inserted in, and to constitute the treaty of peace, proposed +to be concluded between the Crown of Great Britain and +the said United States. But which treaty is not to be concluded, +until terms of peace shall be agreed upon between +Great Britain and France, and his Britannic Majesty shall +be ready to conclude such treaty accordingly.</p> + +<p>Whereas reciprocal advantages and mutual convenience +are found by experience to form the only permanent foundation +<span class="pagenum"><a name="Page_110" id="Page_110">110</a></span> +of peace and friendship between States, it is agreed +to form the articles of the proposed treaty on such principles +of liberal equity and reciprocity, as that partial advantages +(those seeds of discord) being excluded, such a +beneficial and satisfactory intercourse between the two +countries may be established, as to promise and secure to +both perpetual peace and harmony.</p> + +<p><span class="smcap">Article i.</span> His Britannic Majesty acknowledges the +said United States, viz. New Hampshire, Massachusetts +Bay, Rhode Island and Providence Plantations, Connecticut, +New York, New Jersey, Pennsylvania, Delaware, +Maryland, Virginia, North Carolina, South Carolina, and +Georgia, to be free, sovereign, and independent States; that +he treats with them as such; and, for himself, his heirs +and successors, relinquishes all claims to the government, +propriety, and territorial rights of the same, and every part +thereof; and that all disputes, which might arise in future +on the subject of the boundaries of the said United States, +may be prevented, it is hereby agreed and declared, that +the following are and shall be their boundaries, viz.</p> + +<p><span class="smcap">Article ii.</span> From the northwest angle of Nova +Scotia, viz. that angle, which is formed by a line drawn +due north, from the source of St Croix river to the highlands, +along the highlands which divide those rivers that +empty themselves into the river St Lawrence from those +which fall into the Atlantic ocean, to the northwesternmost +head of Connecticut river; thence down along the middle +of that river to the 45th degree of north latitude; from +thence by a line due west on said latitude, until it strikes +the river Iroquois or Cataroquy; thence along the middle +of said river into Lake Ontario; through the middle of +said Lake until it strikes the communication by water, +<span class="pagenum"><a name="Page_111" id="Page_111">111</a></span> +between that Lake and Lake Erie; thence along the middle +of said communication into Lake Erie; through the +middle of said Lake until it arrives at the water communication +between that Lake and Lake Huron, thence along +the middle of said water communication into the Lake +Huron; thence through the middle of said Lake, to the +water communication between that Lake and Lake Superior; +thence through Lake Superior, northward of the +Isles Royal and Philippeaux to the Long Lake; thence +through the middle of said Long Lake and the water communication +between it and the Lake of the Woods, to the +said Lake of the Woods; thence through the said Lake, +to the most northwestern point thereof; and from thence +on a due west course to the river Mississippi; thence by a +line to be drawn along the middle of the said river Mississippi +until it shall intersect the northernmost part of the +31st degree of north latitude; south by a line to be drawn +due east from the determination of the line last mentioned +in the latitude of 31st degree north of the equator, to the +middle of the river Apalachicola or Catahouchi, thence +along the middle thereof, to its junction with the Flint +river, thence straight to the head of St Mary's river, to the +Atlantic ocean. East by a line to be drawn along the +middle of the river St Croix, from its mouth in the Bay of +Fundy to its source; and from its source directly north to +the aforesaid highlands, which divide the rivers that fall +into the Atlantic ocean from those which fall into the +river St Lawrence; comprehending all islands within +twenty leagues of any part of the shores of the United +States; and lying between lines to be drawn due east, +from the points where the aforesaid boundaries, between +Nova Scotia on the one part, and East Florida on the +<span class="pagenum"><a name="Page_112" id="Page_112">112</a></span> +other, shall respectively touch the Bay of Fundy, and the +Atlantic ocean; excepting such islands as now are or heretofore +have been within the limits of the said Province of +Nova Scotia.</p> + +<p><span class="smcap">Article iii.</span> It is agreed, that the people of the +United States shall continue to enjoy unmolested the right +to take fish of every kind, on the Grand Bank, and on all +the other banks of Newfoundland; also in the Gulf of St +Lawrence, and at all other places in the sea, where the +inhabitants of both countries used at any time heretofore +to fish. And also that the inhabitants of the United +States shall have liberty to take fish of every kind on +such part of the coast of Newfoundland, as British +fishermen shall use, (but not to dry or cure the same on +that island) and also on the coasts, bays and creeks of all +other of his Britannic Majesty's dominion in America. +And that the American fishermen shall have liberty to dry +and cure fish, in any of the unsettled bays, harbors and +creeks of Nova Scotia, Magdalen islands, and Labrador, +so long as the same shall remain unsettled; but so soon as +the same or either of them shall be settled, it shall not be +lawful for the said fishermen to dry or cure fish at such +settlement, without a previous agreement for that purpose, +with the inhabitants, proprietors, or possessors of the +ground.</p> + +<p><span class="smcap">Article iv.</span> It is agreed, that creditors on either +side shall meet with no lawful impediment to the recovery +of the full value, in sterling money, of all <i>bona fide</i> debts, +heretofore contracted.</p> + +<p><span class="smcap">Article v.</span> It is agreed, that the Congress shall +earnestly recommend it to the Legislatures of the respective +States, to provide for the restitution of all estates, +<span class="pagenum"><a name="Page_113" id="Page_113">113</a></span> +rights, and properties, which have been confiscated, belonging +to real British subjects, and also of the estates, rights, +and properties of persons resident in districts in the possession +of his Majesty's arms, and who have not borne arms +against the said United States; and that persons of any +other description shall have free liberty to go to any part +or parts of any of the Thirteen United States, and therein +to remain twelve months unmolested in their endeavors to +obtain the restitution of such of their estates, rights, and +properties, as may have been confiscated. And that Congress +shall also earnestly recommend to the several States, +a reconsideration and revision of all acts or laws regarding +the premises, so as to render the said laws or acts +perfectly consistent, not only with justice and equity, but +with that spirit of conciliation, which on the return of the +blessings of peace should universally prevail. And that +Congress shall also earnestly recommend to the several +States, that the estates, rights, and properties, of such last +mentioned persons shall be restored to them, they refunding +to any persons who may be now in possession, the <i>bona +fide</i> price (where any has been given) which such persons +may have paid on purchasing any of the said lands, rights, +and properties, since the confiscation. And it is agreed, +that all persons who have any interest in confiscated lands, +either by debts, marriage settlements, or otherwise, shall +meet with no lawful impediment in the prosecution of their +just rights.</p> + +<p><span class="smcap">Article vi.</span> That there shall be no future confiscations +made, nor any prosecutions commenced against any +person or persons, for or by reason of the part which he +or they may have taken in the present war, and that no +person shall on that account suffer any future loss or damage, +<span class="pagenum"><a name="Page_114" id="Page_114">114</a></span> +either in his person, liberty, or property, and that +those who may be in confinement on such charges at the +time of the ratification of the treaty in America, shall be +immediately set at liberty, and the prosecutions so commenced +be discontinued.</p> + +<p><span class="smcap">Article vii.</span> There shall be a firm and perpetual +peace, between his Britannic Majesty and the said States, +and between the subjects of the one and the citizens of the +other, wherefore all hostilities, both by sea and land, shall +then immediately cease. All prisoners on both sides shall +be set at liberty; and his Britannic Majesty shall, with all +convenient speed, and without causing any destruction, or +carrying away any negroes or other property of the American +inhabitants, withdraw all his armies, garrisons, and +fleets, from the said United States, and from every port, +place, and harbor, within the same, leaving in all fortifications +the American artillery that may be therein. And +shall also order and cause all archives, records, deeds, and +papers belonging to any of the said States, or their citizens, +which in the course of the war may have fallen into the +hands of his officers, to be forthwith restored and delivered +to the proper States and persons to whom they belong.</p> + +<p><span class="smcap">Article viii.</span> The navigation of the Mississippi river, +from its source to the ocean, shall forever remain free and +open to the subjects of Great Britain and the citizens of +the United States.</p> + +<p><span class="smcap">Article ix.</span> In case it should so happen, that any +place or territory, belonging to Great Britain or the United +States, should be conquered by the arms of either from +the other, before the arrival of these Articles in America, +it is agreed, that the same shall be restored without difficulty, +and without requiring any compensation. +<span class="pagenum"><a name="Page_115" id="Page_115">115</a></span></p> + +<p>Done at Paris, the thirtieth day of November, in the +year one thousand seven hundred and eightytwo.</p> + +<p class="signed"> +RICHARD OSWALD,<br /> +JOHN ADAMS,<br /> +B. FRANKLIN,<br /> +JOHN JAY,<br /> +HENRY LAURENS.</p> + +<p>Witness, CALEB WHITEFOORD,<br /> +<i>Secretary to the British Commission</i>.</p> + +<p>W. T. FRANKLIN,<br /> +<i>Secretary to the American Commission</i>.</p> + +<p><span class="smcap">Separate Article.</span> It is hereby understood and +agreed, that in case Great Britain, at the conclusion of +the present war, shall recover or be put in possession of +West Florida; the line of north boundary between the +said Province and the United States, shall be a line drawn +from the mouth of the river Yazoo, where it unites with +the Mississippi, due east, to the river Apalachicola.</p> + +<p>Done at Paris, the thirtieth day of November, in the +year one thousand seven hundred and eightytwo.</p> + +<p class="signed"> +RICHARD OSWALD,<br /> +JOHN ADAMS,<br /> +B. FRANKLIN,<br /> +JOHN JAY,<br /> +HENRY LAURENS.</p> + +<p>Attest, CALEB WHITEFOORD,<br /> +<i>Secretary to the British Commission</i>.</p> + +<p>W. T. FRANKLIN,<br /> +<i>Secretary to the American Commission</i>.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_116" id="Page_116">116</a></span></p> + +<h3>TO FRANCIS DANA AT PETERSBURG.</h3> + +<p class="letter_head">Paris, December 12th, 1782.</p> + +<p class="letter_open">Sir,</p> + +<p>We have the honor to congratulate you on the signature +of the preliminary treaty of peace, between his Britannic +Majesty and the United States of America, to be +inserted in the definitive treaty when France and Britain +shall have agreed upon their terms. The articles, of which +we do ourselves the honor to enclose you a copy, were +completed on the 30th of last month.</p> + +<p>To us, at this distance, the present opportunity appears +to be the most favorable for you to communicate your mission +to the Ministers of the Empress of Russia, and to the +Ministers of the other neutral powers residing at her Court, +and if you have no objections, we presume you will wish +to be furnished with the enclosed paper, to communicate +at the same time.</p> + +<p>We heartily wish you success, and if you should inform +us of a fair prospect of it, we shall propose an article in +the definitive treaty, to secure the freedom of navigation, +according to the principles of the late marine treaty between +the neutral powers.</p> + +<p class="indent1"> +With great respect, we have the honor to be, &c.</p> + +<p class="signed">JOHN ADAMS,<br /> +B. FRANKLIN,<br /> +JOHN JAY. +</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_117" id="Page_117">117</a></span></p> + +<h3>TO ROBERT R. LIVINGSTON.</h3> + +<p class="letter_head">Paris, December 14th, 1782.</p> + +<p class="letter_open">Sir,</p> + +<p>We have the honor to congratulate Congress on the +signature of the preliminaries of a peace between the +Crown of Great Britain and the United States of +America, to be inserted in a definitive treaty so soon +as the terms between the Crowns of France and Great +Britain shall be agreed on. A copy of the Articles is +here enclosed, and we cannot but flatter ourselves, +that they will appear to Congress, as they do to all of +us, to be consistent with the honor and interest of the +United States, and we are persuaded Congress would +be more fully of that opinion if they were apprized of +all the circumstances and reasons which have influenced +the negotiation. Although it is impossible for +us to go into that detail, we think it necessary nevertheless +to make a few remarks on such of the Articles, +as appear most to require elucidation.</p> + +<p class="translation"><i>Remarks on Article 2d, relative to Boundaries.</i></p> + +<p>The Court of Great Britain insisted on retaining all +the territories comprehended within the Province of +Quebec, by the Act of Parliament respecting it. They +contended that Nova Scotia should extend to the river +Kennebec; and they claimed not only all the lands in +the western country and on the Mississippi, which +were not expressly included in our charters and governments, +but also all such lands within them as remained +ungranted by the King of Great Britain. It +would be endless to enumerate all the discussions and +arguments on the subject. +<span class="pagenum"><a name="Page_118" id="Page_118">118</a></span></p> + +<p>We knew this Court and Spain to be against our +claims to the western country, and having no reason +to think that lines more favorable could ever have +been obtained, we finally agreed to those described in +this Article; indeed they appear to leave us little to +complain of, and not much to desire. Congress will +observe, that although our northern line is in a certain +part below the latitude of fortyfive, yet in others it +extends above it, divides the Lake Superior, and gives +us access to its western and southern waters, from +which a line in that latitude would have excluded us.</p> + +<p class="translation"><i>Remarks on Article 4th, respecting Creditors.</i></p> + +<p>We had been informed that some of the States had +confiscated British debts, but although each State has +a right to bind its own citizens, yet in our opinion, +it appertains solely to Congress, in whom exclusively +are vested the rights of making war and peace, +to pass acts against the subjects of a power with which +the Confederacy may be at war. It therefore only +remained for us to consider, whether this Article is +founded in justice and good policy.</p> + +<p>In our opinion no acts of government could dissolve +the obligations of good faith, resulting from lawful +contracts between individuals of the two countries +prior to the war. We knew that some of the British +creditors were making common cause with the refugees, +and other adversaries of our independence; +besides, sacrificing private justice to reasons of State +and political convenience, is always an odious measure; +and the purity of our reputation in this respect, +in all foreign commercial countries, is of infinitely +<span class="pagenum"><a name="Page_119" id="Page_119">119</a></span> +more importance to us than all the sums in question. +It may also be remarked, that American and British +creditors are placed on an equal footing.</p> + +<p class="translation"><i>Remarks on Articles 5th and 6th, respecting Refugees.</i></p> + +<p>These Articles were among the first discussed, and +the last agreed to. And had not the conclusion of this +business, at the time of its date, been particularly important +to the British administration, the respect, +which both in London and Versailles, is supposed to +be due to the honor, dignity and interest of royalty, +would probably have forever prevented our bringing +this Article so near to the views of Congress and the +sovereign rights of the States as it now stands. +When it is considered, that it was utterly impossible +to render this Article perfectly consistent, both with +American and British ideas of honor, we presume that +the middle line adopted by this Article, is as little +unfavorable to the former as any that could in reason +be expected.</p> + +<p>As to the Separate Article, we beg leave to observe, +that it was our policy to render the navigation of the +river Mississippi so important to Britain, as that their +views might correspond with ours on that subject. +Their possessing the country on the river, north of the +line from the Lake of the Woods, affords a foundation +for their claiming such navigation. And as the importance +of West Florida to Britain was for the same +reason rather to be strengthened than otherwise, we +thought it advisable to allow them the extent contained +in the Separate Article, especially as before the +war it had been annexed by Britain to West Florida, +<span class="pagenum"><a name="Page_120" id="Page_120">120</a></span> +and would operate as an additional inducement to their +joining with us in agreeing, that the navigation of the +river should forever remain open to both. The map +used in the course of our negotiations was Mitchell's.</p> + +<p>As we had reason to imagine that the Articles +respecting the boundaries, the refugees, and fisheries, +did not correspond with the policy of this Court, we +did not communicate the preliminaries to the Minister +until after they were signed; and not even then the +<i>Separate Article</i>. We hope that these considerations +will excuse our having so far deviated from the spirit +of our instructions. The Count de Vergennes, on perusing +the Articles, appeared surprised, but not displeased, +at their being so favorable to us.</p> + +<p>We beg leave to add our advice, that copies be sent +us of the accounts directed to be taken by the different +States, of the unnecessary devastations and sufferings +sustained by them from the enemy in the course of the +war. Should they arrive before the signature of the +definitive treaty they might possibly answer very good +purposes.</p> + +<p> +With great respect we have the honor to be, Sir, +your most obedient and most humble servants,</p> + +<p class="signed">JOHN ADAMS,<br /> +B. FRANKLIN,<br /> +JOHN JAY,<br /> +HENRY LAURENS.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_121" id="Page_121">121</a></span></p> + +<h3>RESOLUTION OF CONGRESS RESPECTING COMMERCIAL +STIPULATIONS.</h3> + +<p class="letter_head"> +In Congress, December 31st, 1782.</p> + +<p>On the report of the committee to whom was referred +a letter of the 14th of October last, from the Minister +Plenipotentiary at the Court of Versailles,</p> + +<p>Resolved, That the Ministers Plenipotentiary for +negotiating peace, be instructed, in any commercial +stipulations with Great Britain, which may be comprehended +in a treaty of peace, to endeavor to obtain for +the citizens and inhabitants of the United States, a +direct commerce to all parts of the British dominions +and possessions, in like manner as all parts of the +United States may be opened to a direct commerce of +British subjects; or, at least, that such direct commerce +be extended to all parts of the British dominions +and possessions in Europe and the West Indies. +And the said Ministers are informed that stipulations +are particularly expected by Congress, in case the citizens +and subjects of each party are to be admitted to +an equality in matters of commerce with the natives +of the other party.</p> + +<div class="thought_break"></div> + +<h3>ENGLISH COMMISSIONERS DECLARATION OF THE CESSATION +OF HOSTILITIES.</h3> + +<p class="letter_head"> +Paris, January 20th, 1783.</p> + +<p class="translation">DECLARATION.</p> + +<p>Whereas the Preliminary Articles agreed to, and signed +this day, between his Majesty, the King of Great Britain, +<span class="pagenum"><a name="Page_122" id="Page_122">122</a></span> +and his Most Christian Majesty, on the one part, and also +between his said Britannic Majesty and his Catholic Majesty, +on the other part, stipulate a cessation of hostilities +between those three powers, which is to commence upon +the exchange of the ratifications of the said Preliminary +Articles; and whereas by the provisional treaty signed on +the thirtieth of November last, between his Britannic Majesty +and the United States of North America, it was stipulated, +that the said treaty should have its effect as soon as +peace between the said Crowns should be established; the +underwritten Minister Plenipotentiary of his Britannic Majesty +declares, in the name and by the express order of the +King, his master, that the said United States of North +America, their subjects and their possessions, shall be comprised +in the suspension of arms above mentioned, and that +they shall, consequently, enjoy the benefit of the cessation +of hostilities, at the same periods and in the same manner +as the three Crowns aforesaid, and their subjects and possessions, +respectively; on condition, however, that on the +part, and in the name, of the said United States of North +America, there shall be delivered a similar declaration, +expressing their assent to the present suspension of arms, +and containing an assurance of the most perfect reciprocity +on their part.</p> + +<p>In faith whereof, we, the Minister Plenipotentiary of his +Britannic Majesty, have signed this present declaration, and +have thereto caused the seal of our arms to be affixed, at +Versailles, this twentieth day of January, one thousand +seven hundred and eightythree.</p> + +<p class="signed">ALLEYNE FITZHERBERT.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_123" id="Page_123">123</a></span></p> + +<p class="translation"><i>Signature of the above Declaration by the American +Commissioners.</i></p> + +<p>We, the underwritten, Ministers Plenipotentiary of the +United States of North America, having received from Mr +Fitzherbert, Minister Plenipotentiary of his Britannic Majesty, +a declaration relative to a suspension of arms to be +established between his said Majesty and the said States, +of which the following is a copy, viz; [See the preceding +Declaration.]</p> + +<p>We have, in the name of the said United States of North +America, and in virtue of the powers we are vested with, +received the above declaration, and do accept the same by +these presents, and we do reciprocally declare, that said +States cause to cease all hostilities against his Britannic +Majesty, his subjects and possessions, at the terms or +periods agreed to between his said Majesty the King of +Great Britain, his Majesty the King of France, and his +Majesty the King of Spain, in the same manner as stipulated +between those three Crowns, and to have the same +effect.</p> + +<p>In faith whereof, we, Ministers Plenipotentiary from the +United States of America, have signed the present declaration, +and have hereunto affixed the seals of our arms, at +Versailles, the twentieth of January, one thousand seven +hundred and eightythree.</p> + +<p class="signed"> +JOHN ADAMS,<br /> +B. FRANKLIN.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_124" id="Page_124">124</a></span></p> + +<h3>BRITISH KING'S PROCLAMATION DECLARING A CESSATION +OF ARMS.</h3> + +<p class="letter_open"> +By the King.</p> + +<p class="letter_open">A proclamation, declaring the cessation of arms, as well +by sea as land, agreed upon between his Majesty, the +Most Christian King, the King of Spain, the States-General +of the United Provinces, and the United States +of America, and enjoining the observance thereof</p> + +<p class="letter_open">George R.</p> + +<p>Whereas Provisional Articles were signed at Paris, on +the thirtieth day of November last, between our Commissioner +for treating of peace with the Commissioners of the +United States of America, and the Commissioners of the +said States, to be inserted in, and to constitute the treaty +of peace proposed to be concluded between us and the +said United States, when terms of peace should be agreed +upon between us and his Most Christian Majesty; and +whereas preliminaries for restoring peace between us and +his Most Christian Majesty were signed at Versailles on +the twentieth day of January last, by the Ministers of us +and the Most Christian King; and whereas preliminaries +for restoring peace between us and the King of Spain +were also signed at Versailles on the twentieth day of January +last, between the Ministers of us and the King of Spain; +and whereas for putting an end to the calamity of war, as +soon and as far as it may be possible, it has been agreed +between us, his Most Christian Majesty, the King of Spain, +the States-General of the United Provinces, and the United +States of America, as follows, that is to say;</p> + +<p>That such vessels and effects as should be taken in the +Channel and in the North Seas, after the space of twelve +days, to be computed from the ratification of the said Preliminary +<span class="pagenum"><a name="Page_125" id="Page_125">125</a></span> +Articles, should be restored on all sides; that the +term should be one month from the Channel and the +North Seas, as far as the Canary Islands inclusively, +whether in the ocean or in the Mediterranean; two +months from the said Canary Islands, as far as the equinoctial +line or equator; and, lastly, five months in all other +parts of the world, without any exception, or any other +more particular description of time or place;</p> + +<p>And whereas the ratifications of the said Preliminary +Articles, between us and the Most Christian King, in due +form were exchanged by the Ministers of us, and of the +Most Christian King, on the third day of this instant February; +and the ratifications of the said Preliminary Articles, +between us and the King of Spain, were exchanged +between the Ministers of us and of the King of Spain, on +the ninth day of this instant February, from which days, +respectively, the several terms above mentioned, of twelve +days, of two months, and five months, are to be computed; +and whereas, it is our royal will and pleasure, that the +cessation of hostilities, between us and the States-General +of the United Provinces, and the United States of America, +should be agreeable to the epochs fixed between us +and the Most Christian King;</p> + +<p>We have thought fit, by and with the advice of our +Privy Council, to notify the same to all our loving subjects; +and we do declare that our royal will and pleasure is, and +we do hereby strictly charge and command all our officers, +both at sea and land, and all our other subjects whatsoever, +to forbear all acts of hostility, either by sea or land, +against his Most Christian Majesty, the King of Spain, the +States-General of the United Provinces, and the United +States of America, their vessels, or subjects, from and after +<span class="pagenum"><a name="Page_126" id="Page_126">126</a></span> +the respective times above mentioned, and under the penalty +of incurring our highest displeasure.</p> + +<p>Given at our Court at St James, the fourteenth day of +February, in the twentythird year of our reign, and in the +year of our Lord one thousand seven hundred and eightythree.</p> + +<p>God save the King.</p> + +<div class="thought_break"></div> + +<h3>ALLEYNE FITZHERBERT TO THE COMMISSIONERS.</h3> + +<p class="letter_head">Paris, February 18th, 1783.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>I have the honor to transmit to you herewith a +packet, containing one hundred passports for American +vessels, which I have this moment received by a courier +from England.</p> + +<p>I take this opportunity of acquainting you, that a +proclamation was issued out in the King's name on +the 14th instant, making known the cessation of hostilities, +which has been agreed upon between the several +belligerent powers; and declaring further, that +the several epochas, at which the said armistice is to +commence, between his Majesty and the United States +of North America, are to be computed from the third +day of this instant February, being the day on which +the ratifications of the preliminaries were exchanged +between his Majesty and the Most Christian King. I +must add, that his Majesty was induced to take this +step, under the firm expectation, that you, Gentlemen, +will correspond to it on your parts, by adopting the +same measure reciprocally, in the name of the States, +your masters.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">ALLEYNE FITZHERBERT.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_127" id="Page_127">127</a></span></p> + +<h3>AMERICAN COMMISSIONERS' DECLARATION OF THE +CESSATION OF HOSTILITIES.</h3> + +<p class="letter_open"> +By the Ministers Plenipotentiary of the United +States of America for making peace with Great +Britain,</p> + +<p class="translation">A DECLARATION</p> +<p class="letter_open">Of the cessation of arms, as well by sea as land, +agreed upon between his Majesty the King of Great +Britain and the United States of America.</p> + +<p>Whereas Preliminary Articles were signed at Paris, +on the thirtieth day of November last, between the +Plenipotentiaries of his said Majesty the King of Great +Britain and of the said States, to be inserted in, and to +constitute the treaty of peace, to be concluded between +his said Majesty and the said United States, when +terms of peace should be agreed upon, between his +said Majesty and his Most Christian Majesty. And +whereas preliminaries for restoring peace, between +his said Majesty the King of Great Britain and his +Most Christian Majesty, were signed at Versailles, on +the twentieth day of January last, by the respective +Ministers of their said Majesties; and whereas preliminaries +for restoring peace, between his said Majesty +the King of Great Britain and his Majesty the +King of Spain, were also signed at Versailles on the +twentieth day of January last, by their respective +Ministers; and whereas, for putting an end to the +calamity of war, as soon and as far as possible, it has +been agreed, between the King of Great Britain, his +Most Christian Majesty, the King of Spain, the States-General +<span class="pagenum"><a name="Page_128" id="Page_128">128</a></span> +of the United Provinces, and the United +States of America, as follows, that is to say;</p> + +<p>That such vessels and effects as should be taken in +the Channel and in the North Seas, after the space of +twelve days, to be computed from the ratification of +the said Preliminary Articles, should be restored on all +sides; that the term should be one month, from the +Channel and North Seas as far as the Canary Islands, +inclusively, whether the ocean or the Mediterranean; +two months from the said Canary Islands, as far as the +Equinoctial Line, or Equator; and, lastly, five months +in all other parts of the world, without any exception, +or any other more particular description of time or +place;</p> + +<p>And whereas the ratifications of the said Preliminary +Articles between his said Majesty the King of +Great Britain and his Most Christian Majesty, in due +form were exchanged by their Ministers, on the third +day of this instant February, from which day the +several terms abovementioned, of twelve days, of one +month, of two months, and of five months, are to be +computed, relative to all British and American vessels +and effects;</p> + +<p>Now, therefore, we, the Ministers Plenipotentiary +from the United States of America, for making peace +with Great Britain, do notify to the people and citizens +of the said United States of America, that hostilities +on their part against his Britannic Majesty, both +by sea and land, are to cease at the expiration of the +terms herein before specified therefor, and which +terms are to be computed from the third day of February +instant. And we do, in the name and by the +<span class="pagenum"><a name="Page_129" id="Page_129">129</a></span> +authority of the said United States, accordingly warn +and enjoin all their officers and citizens, to forbear all +acts of hostility whatever, either by land or by sea, +against his said Majesty the King of Great Britain, or +his subjects, under the penalty of incurring the highest +displeasure of the said United States.</p> + +<p>Given at Paris, the twentieth day of February, in +the year of our Lord one thousand seven hundred and +eightythree, under our hands and seals.</p> + +<p class="signed"> +JOHN ADAMS,<br /> +B. FRANKLIN,<br /> +JOHN JAY.</p> + +<div class="thought_break"></div> + +<h3>ROBERT R. LIVINGSTON TO THE COMMISSIONERS.</h3> + +<p class="letter_head">Philadelphia, March 25th, 1783.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>I am now to acknowledge the favor of your joint letter +by the Washington, together with a copy of the Preliminary +Articles; both were laid before Congress. The Articles +have met with their warmest approbation, and have +been generally seen by the people in the most favorable +point of view.</p> + +<p>The steadiness manifested in not treating without an +express acknowledgment of your independence previous +to a treaty is approved, and it is not doubted but it accelerated +that declaration. The boundaries are as extensive +as we have a right to expect; and we have nothing to +complain of with respect to the fisheries. My sentiments +as to English debts you have in a former letter. No +honest man could wish to withhold them. A little forbearance +in British creditors, till people have recovered in +part from the losses sustained by the war, will be necessary +<span class="pagenum"><a name="Page_130" id="Page_130">130</a></span> +to render this Article palatable, and indeed to secure +more effectually the debt. The Article relative to the +loyalists is not quite so accurately expressed as I could +wish it to have been. What for instance is intended by +<i>real British subjects</i>? It is clear to me that it will operate +nothing in their favor in any State in the union, but as you +made no secret of this to the British Commissioners, they +will have nothing to charge you with; and indeed the whole +clause seems rather to have been inserted to appease the +clamor of these poor wretches, than to satisfy their wants. +Britain would have discovered more candor and magnanimity +in paying to them three months' expense of the war +establishment, which would have been an ample compensation +for all their losses, and left no germ of dissatisfaction +to bud and bloom and ripen into discontents here. Another +mad Administration may think the noncompliance of +the Legislatures with the recommendations of Congress on +this subject, a sufficient cause for giving themselves and us +new troubles. You however were perfectly right in agreeing +to the Article, the folly was theirs, who did not either +insist upon more, or give up this.</p> + +<p>But, Gentlemen, though the issue of your treaty has +been successful, though I am satisfied that we are much +indebted to your firmness and perseverance, to your accurate +knowledge of our situation, and of our wants for this +success, yet I feel no little pain at the distrust manifested +in the management of it; particularly in signing the treaty +without communicating it to the Court of Versailles till +after the signature, and in concealing the Separate Article +from it even when signed. I have examined with the +most minute attention all the reasons assigned in your several +letters to justify these suspicions. I confess they do +<span class="pagenum"><a name="Page_131" id="Page_131">131</a></span> +not appear to strike me so forcibly as they have done +you; and it gives me pain, that the character for candor +and fidelity to its engagements, which should always characterise +a great people, should have been impeached +thereby. The concealment was in my opinion absolutely +unnecessary; for had the Court of France disapproved +the terms you had made, after they had been agreed upon, +they could not have acted so absurdly as to counteract +you at that late day; and thereby put themselves in the +power of an enemy, who would certainly betray them, and +perhaps justify you in making terms for yourselves.</p> + +<p>The Secret Article is no otherwise important, than as +it carries in it the seeds of enmity to the Court of Spain, +and shows a marked preference for an open enemy. It +would in my opinion, have been much better to have fixed +on the same boundaries for West Florida, into whatever +hands it fell, without showing any preference, or rendering +concealment necessary; since all the arguments in favor +of the cession to England would then have operated with +equal force, and nothing have been lost by it; for there +can be no doubt, that whether Florida shall at the close of +the war be ceded to England or to Spain, it will be ceded +as it was held by Britain. The Separate Article is not, I +suppose, by this time a secret in Europe; it can hardly be +considered as such in America. The treaty was sent out +to the General with this Article annexed by Sir Guy +Carleton, without the smallest injunction of secrecy. So +that I dare say it has been pretty generally read at head +quarters. Congress still conceal it here. I feel for the +embarrassment explanations on this subject must subject +you to, when this secret is known to your allies.</p> + +<p>I intended to have submitted this letter to Congress, but +<span class="pagenum"><a name="Page_132" id="Page_132">132</a></span> +I find there is not the least prospect of obtaining any decision +upon it in time to send by this conveyance, if at all. +I leave you to collect their sentiments, as far as I know +them, from the following state of their proceedings. After +your joint and separate letters, and the journals had been +submitted to them by me, and had been read, they were +referred back to me to report upon, when I wrote them +a letter, and when it was taken into consideration, motions +were made and debated a whole day. After which +the letter and motions were committed, and a report +brought in. This was under consideration two days, when +the arrival of a vessel from Cadiz with letters from the +Count d'Estaing and the Marquis de Lafayette, containing +accounts, that the preliminaries were signed, induced many +members to think it would be improper to proceed in the +report, and in that state it remains without any express +decision. From this you will draw your own inferences.</p> + +<p>I make no apology for the part I have taken in this +business. I am satisfied you will readily acquit me for +having discharged what I conceived to be my duty upon +such a view of things as you presented to me. In declaring +my sentiments freely, I invite you to treat me with +equal candor in your letters, and in sending original papers, +I guard against misrepresentations that might give you pain. +Upon the whole I have the pleasure of assuring you, that +the services you have rendered your country, in bringing +this business to a happy issue, are very gratefully received +by them; however we may differ in sentiments about the +mode of doing it.</p> + +<p>I am sorry that the extreme negligence of the different +States, has prevented, and will probably long prevent, my +being able to send you a state of the injury done to real +<span class="pagenum"><a name="Page_133" id="Page_133">133</a></span> +property, and the number of slaves destroyed and carried off +by the British troops and their allies, though no pains have +been, or shall be wanting, on my part to urge them to it.</p> + +<p class="indent1"> +I have the honor to be, Gentlemen,</p> + +<p class="signed">ROBERT R. LIVINGSTON.</p> + +<div class="thought_break"></div> + +<h3>PROCLAMATION OF CONGRESS DECLARING A CESSATION +OF ARMS.</h3> + +<p class="letter_open"> +By the United States of America in Congress assembled.</p> + +<p class="translation">A PROCLAMATION,</p> + +<p class="letter_open">Declaring the cessation of arms, as well by sea as by +land, agreed upon between the United States of America +and his Britannic Majesty, and enjoining the observance +thereof.</p> + +<p>Whereas Provisional Articles were signed at Paris +on the 30th day of November last, between the Ministers +Plenipotentiary of the United States of America +for treating of peace, and the Minister Plenipotentiary +of his Britannic Majesty, to be inserted in, and to constitute +the treaty of peace proposed to be concluded +between the United States of America and his Britannic +Majesty, when terms of peace should be agreed +upon between their Most Christian and Britannic Majesties; +and whereas preliminaries for restoring peace +between their Most Christian and Britannic Majesties +were signed at Versailles, on the 20th day of January +last, by the Ministers of their Most Christian and +Britannic Majesties; and whereas preliminaries for +restoring peace between the said King of Great Britain +and the King of Spain, were also signed at Versailles +on the same 20th day of January last; +<span class="pagenum"><a name="Page_134" id="Page_134">134</a></span></p> + +<p>By which said Preliminary Articles it has been +agreed, that as soon as the same were ratified, hostilities +between the said Kings, their kingdoms, states +and subjects, should cease in all parts of the world; +and it was further agreed, that all vessels and effects +that might be taken in the Channel and in the North +Seas, after the space of twelve days from the ratification +of the said Preliminary Articles, should be restored; +that the term should be one month from the +Channel and North Seas as far as the Canary Islands, +inclusively, whether in the ocean or the Mediterranean; +two months from the said Canary Islands as far +as the Equinoctial line or Equator; and lastly, five +months in all other parts of the world, without any +exception or more particular description of time or +place;</p> + +<p>And whereas it was declared by the Minister +Plenipotentiary of the King of Great Britain, in the +name and by the express order of the King his master, +on the said 20th day of January last, that the said +United States of America, their subjects and their possessions, +shall be comprised in the above mentioned +suspension of arms, at the same epochs, and in the +same manner as the three Crowns abovementioned, +their subjects and possessions respectively; upon condition, +that on the part and in the name of the United +States of America, a similar declaration shall be delivered, +expressly declaring their assent to the said suspension +of arms, and containing an assurance of the +most perfect reciprocity on their part;</p> + +<p>And whereas the Ministers Plenipotentiary of these +United States, did, on the 20th day of January, in the +<span class="pagenum"><a name="Page_135" id="Page_135">135</a></span> +name and by the authority of the said United States, +accept the said declaration, and declare that the said +States should cause all hostilities to cease against his +Britannic Majesty, his subjects and his possessions, at +the terms and epochs agreed upon between his said +Majesty the King of Great Britain, his Majesty the +King of France, and his Majesty the King of Spain, so +and in the same manner as had been agreed upon between +those three Crowns, and to produce the same +effects;</p> + +<p>And whereas the ratifications of the said Preliminary +Articles, between their Most Christian and Britannic +Majesties, were exchanged by their Ministers +on the 3d day of February last; and between his +Britannic Majesty and the King of Spain, on the 9th +day of February last;</p> + +<p>And whereas it is our will and pleasure, that the +cessation of hostilities between the United States of +America and his Britannic Majesty, should be conformable +to the epochs fixed between their Most +Christian and Britannic Majesties;</p> + +<p>We have thought fit to make known the same to +the citizens of these States; and we hereby strictly +charge and command all our officers, both by sea and +land, and other subjects of these United States, to forbear +all acts of hostility, either by sea or by land, +against his Britannic Majesty or his subjects, from and +after the respective times agreed upon between their +Most Christian and Britannic Majesties, as aforesaid.</p> + +<p>And we do further require all governors and others, +the executive powers of these United States respectively, +to cause this our proclamation to be made public, +<span class="pagenum"><a name="Page_136" id="Page_136">136</a></span> +to the end that the same may be duly observed +within their several jurisdictions.</p> + +<p>Given under the seal of the United States. Witness, +his Excellency <span class="smcap">Elias Boudinot</span>, President, this +twelfth day of April, in the year of our Lord one +thousand seven hundred and eightythree, and of the +sovereignty and independence of the United States the +seventh.</p> + +<div class="thought_break"></div> + +<h3>ROBERT R. LIVINGSTON TO THE COMMISSIONERS.</h3> + +<p class="letter_head">Philadelphia, April 21st, 1783.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>Upon the receipt of the Provisional Articles, and a +subsequent account brought by a vessel, despatched by +Count d'Estaing, I wrote letters to Sir Guy Carleton +and Admiral Digby, to which I received answers. +You will find them cold and distant. Those they +wrote to the Minister of France, in answer to similar +communications made by him, were still more so, and +contain the same illiberal doubts which are mentioned +in mine, expressed in much stronger terms. When +they received an authentic account of the treaty, they +sent a copy of it, (<i>no part</i> being omitted) to Congress, +through the General. When the Proclamation for the +cessation of hostilities was received at New York, it +was sent to me by an officer with a letter, to which I +returned an answer.</p> + +<p>After this two great questions were agitated in Congress. +1st. Whether they should proceed to the immediate +ratification of the Provisional Articles; and +2dly. Whether they should release their prisoners. +<span class="pagenum"><a name="Page_137" id="Page_137">137</a></span> +Some maintained with respect to the first of these +points, that they knew not in what light to consider +the Provisional Articles, whether as preliminaries or a +definitive treaty. That the preamble said they were +to constitute the treaty, while at the same time, they +were only to be inserted in it. These terms they considered +as contradictory; and they wished to have explanations +from you on this head, to know what the +operation of a ratification would be, and they inferred +from your silence, that none was necessary. They +observed, that no time was set for the evacuation of +New York; that the ratification would in some measure +compel them to release their prisoners, and thus +strengthen their hands, when it was possible a definitive +treaty might not take effect between Great Britain +and France; and that the ratification and the +restoration of prisoners, if it left us nothing more to +do, was in some sort to desert our allies. To this it +was answered, that the Provisional Articles were only +to be received as preliminary, that from the very nature +of them, they could not he definitive; that the +ratification would not alter the nature of them, but +confirm them as they stood; that they were confessedly +very advantageous to us; that the neglecting any such +acceptation of them as was necessary on our part +would give the enemy a pretence for violating the +stipulations they contained; that the principal points +between France and Great Britain being settled, we +had no reason to apprehend a failure of a definitive +treaty; that it was important to show, that we were +determined to adhere in every particular to the engagements +you had made. These arguments prevailed, +<span class="pagenum"><a name="Page_138" id="Page_138">138</a></span> +and a resolution passed directing the ratification which +I enclose. It is probable that the definitive treaty will +be signed before this can reach you, otherwise it +would be extremely desirable that some ambiguities in +the Provisional Articles should be cleared up, and +other objects, which have been at different times +touched upon in my public letters, attended to.</p> + +<p>The sixth Article is not so precisely expressed as to +point out to what time the word <i>future</i> refers, whether to +the signature of the Provisional Articles, whether to the act, +which gave it the force of a treaty, or to the definitive +treaty. Though I should suppose the second to be the intention +from the opposition between the words <i>now</i>, and +the time of the ratification in America.</p> + +<p>The seventh Article leaves the time for the evacuation of +New York upon so loose a footing, that I fear our troublesome +guests will long continue to be such, unless a day is +fixed on for their departure, in the definitive treaty. You +can easily conceive the impatience that the distressed inhabitants +of New Fork feel at every moment's delay; and +the fears and jealousies that prevail among them lest it +should be meant to retain these posts as pledges for the +performance of the stipulations in favor of the tories. By +the debates in Parliament on the 3d of March, it is evident +that they had then no orders to evacuate.</p> + +<p>You will observe that the ratification does not extend to +the Separate Article. The treaty between Spain and Great +Britain renders it unnecessary; and Congress not caring +to express any sentiment upon that subject, I refer you to +my letters to Dr Franklin and Mr Jay upon the subject of +a free trade with the West Indies, and the logwood trade, +which are important objects here; and, I hope, will be attended +<span class="pagenum"><a name="Page_139" id="Page_139">139</a></span> +to in your definitive treaty. It were to be wished +that the ambiguity with respect to the time of the cessation +of hostilities upon this coast was cleared up, and the +construction we put upon it adopted, to wit, that by <i>as far +as the Canaries</i>, was intended the latitude of the Canaries, +which construction can be supported by a variety of +arguments, and is extremely important to us, as a number +of our vessels have been taken since the 3d of March.</p> + +<p class="indent1">I have the honor to be, &c.</p> + +<p class="signed">ROBERT R. LIVINGSTON.</p> + +<div class="thought_break"></div> + +<h3>MR GRAND TO THE COMMISSIONERS.</h3> + +<p class="letter_head">Paris, May 10th, 1783.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>It is some months ago since I had the honor to write +you, and am well persuaded, although I received no answer +thereto, that it will have engaged your attention. I earnestly +wish it may have been productive of an improvement +to the finances of Congress, which I then foresaw would +be short of our wants, and which is, unfortunately, too +much the case at present.</p> + +<p>Last month, I remitted to the honorable Robert Morris, +the state of his account; the balance of which was +413,892 livres <i>13c.</i> <i>9s.</i> due to me. This, added to the +subsequent payments I had to make, would have thrown +me into a state of perplexity, had it not been for the assistance +given me by the <i>Garde du Trésor Royal</i>.</p> + +<p>You will see, Gentlemen, by the statement I have the +honor to enclose for your consideration, that the sums I +am to pay, exceed by one million those that are to be paid +me. And making even abstraction of all that is not Mr +<span class="pagenum"><a name="Page_140" id="Page_140">140</a></span> +Morris' bill, there still remains a defect of 500,000 livres, +independent of the allowance to be made for his usual +wants, from January 24th (date of his last bills) up to the +12th of March.</p> + +<p>I am happy to have it in my power to say, that I have +exerted to this instant, all that my zeal and my faculties +could suggest to me. Did the last keep pace with the +former, I should never have applied but to them. However, +the state of affairs is such now, that a resolution must +be taken relative thereto; and, even, without delay; the +bearers of Mr Morris's bills growing so urgent upon me, that +rather than to have occasioned any difficulty before I +could be informed of your resolution, I preferred accepting +a further sum of 54,000 livres this day.</p> + +<p> +I crave your Excellencies will honor me with a quick +answer; meantime, I remain &c.</p> + +<p class="signed">GRAND.</p> + +<div class="thought_break"></div> + +<p class="translation"> +<i>State of the Finances of Congress at Paris, on the 10th +of May</i>, 1783.</p> + +<div class="center"> +<table border="0" cellpadding="4" cellspacing="0" summary="account"> +<tr> +<td class="lt">Balance due to me on the last account,</td> +<td class="rt">Livres</td> +<td class="rt">413,892</td> +<td class="rt">13</td> +<td class="rt">9</td> +</tr> +<tr> +<td class="lt">Sums paid by his Excellency Benjamin + Franklin's orders,</td> +<td> </td> +<td class="rt">172,001</td> +<td class="rt">5</td> +<td class="rt">1</td> +</tr> +<tr> +<td class="lt">The honorable Robert Morris's drafts to + be paid,</td> +<td> </td> +<td class="rt">1,872,871</td> +<td class="rt">1</td> +<td class="rt">10</td> +</tr> +<tr> +<td class="lt">His fresh drafts from January 24th, at +60 days sight, of which I have already +accepted 54,000 livres,</td> +<td> </td> +<td class="rt">804,371</td> +<td class="rt">8</td> +<td> </td> +</tr> +<tr> +<td class="lt"> </td> +<td> </td> +<td class="rt" colspan="3">_______________</td> +</tr> +<tr> +<td> </td> +<td class="lt"> </td> +<td class="rt">3,263,136</td> +<td class="rt">8</td> +<td class="rt">8</td> +</tr> +<tr> +<td class="lt">Interest on the Dutch Loan,</td> +<td class="lt">400,000</td> +<td> </td> +<td> </td> +<td> </td> +</tr> +<tr> +<td class="lt">Sabatier & Desprez' claim + for articles to the Marquis + de Lafayette,</td> +<td class="lt">134,000</td> +<td> </td> +<td> </td> +<td> </td> +</tr> +<tr> +<td> </td> +<td class="lt">______</td> +<td class="rt">534,000</td> +</tr> +<tr> +<td> </td> +<td> </td> +<td class="rt" colspan="3">_______________</td> +</tr> +<tr> +<td> </td> +<td class="rt">Livres</td> +<td class="rt">3,797,136</td> +<td class="rt"> 8</td> +<td class="rt"> 8</td> +</tr> +</table></div> +<p><span class="pagenum"><a name="Page_141" id="Page_141">141</a></span></p> + +<div class="thought_break"></div> + +<h3>M. DE LAFAYETTE TO THE COMMISSIONERS.</h3> + +<p class="letter_head">Paris, May 12th, 1783.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>Having yesterday conferred with Count de Vergennes +upon some public concerns, he requested I would tell you +what, instead of troubling you with the demand of a meeting, +I think better to mention in this note.</p> + +<p>The several powers, said he, are going to make up their +treaties, and when ready to sign, they will, of course, +meet to do it all together. The mediation of the Emperor +and that of Russia have been required, and under that mediation +the French treaty will be signed; it now rests with +America to know, if she will conclude her treaty under the +mediation, or chooses to let it alone. There is no necessity +for it. But, in case you prefer to have it, Count de +Vergennes thinks it is time to join with England in making +a combined application to the Court of Vienna and that of +Petersburg.</p> + +<p>So far, Gentlemen, I have been requested to speak to +you. I will add, that from my last conferences on the +subject, I hope we may get the harbor of L'Orient, as we +have wished, for the American trade.</p> + +<p>Be pleased to accept the assurances of my great and +affectionate respect.</p> + +<p class="signed"> +LAFAYETTE.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_142" id="Page_142">142</a></span></p> + +<h3>DAVID HARTLEY'S COMMISSION.</h3> + +<p class="letter_open"> +George R.</p> + +<p>George the Third, by the Grace of God, King of Great +Britain, France and Ireland, Defender of the Faith, Duke +of Brunswick and Lunenburg, Arch Treasurer and +Prince Elector of the Holy Roman Empire, and so forth, +to all to whom these presents shall come, Greeting.</p> + +<p>Whereas, for the perfecting and establishing the peace, +friendship, and good understanding so happily commenced +by the Provisional Articles signed at Paris, the thirtieth day +of November last, by the Commissioners of us, and our +good friends, the United States of America, viz; New +Hampshire, Massachusetts Bay, Rhode Island, Connecticut, +New York, New Jersey, Pennsylvania, the three +lower Counties on Delaware, Maryland, Virginia, North +Carolina, South Carolina, and Georgia, in North America, +and for opening, promoting, and rendering perpetual, the +mutual intercourse of trade and commerce, between our +kingdoms and the dominions of the said United States, +we have thought proper to invest some fit person with +full powers on our part to meet and confer with the Ministers +of the said United States, now residing at Paris, duly +authorised for the accomplishing of such laudable and salutary +purposes.</p> + +<p>Now know ye, that we, reposing special trust and confidence +in the wisdom, loyalty, diligence, and circumspection +of our trusty and well beloved David Hartley, (on whom +we have heretofore conferred the rank of our Minister Plenipotentiary,) +have nominated, constituted and appointed, +and by these presents do nominate, constitute and appoint +him, our true, certain, and undoubted Commissioner, Procurator, +<span class="pagenum"><a name="Page_143" id="Page_143">143</a></span> +and Plenipotentiary; giving and granting to him all, +and all manner of faculty, power, and authority, together +with general, as well as special order (so as the general +do not derogate from the special, nor on the contrary,) for +us, and in our name, to meet, confer, treat, and conclude +with the Minister or Ministers, furnished with sufficient +powers, on the part of our said good friends, the United +States of America, of and concerning all such matters and +things as may be requisite and necessary for accomplishing +and completing the several ends and purposes herein before +mentioned, and also for us, and in our name to sign +such treaty or treaties, convention or conventions, or other +instruments whatsoever, as may be agreed upon in the +premises; and mutually to deliver and receive the same in +exchange, and to do and perform all such other acts, matters, +and things, as may be anyways proper and conducive +to the purposes abovementioned, in as full and ample form +and manner, and with the like validity and effect, as we +ourself, if we were present, could do and perform the +same; engaging and promising, on our royal word, that +we will accept, ratify, and confirm in the most effectual +manner all such acts, matters, and things, as shall be so +transacted and concluded by our aforesaid Commissioner, +Procurator, and Plenipotentiary, and that we will never +suffer any person to violate the same, in the whole, or in +part, or to act contrary thereto.</p> + +<p>In testimony and confirmation of all which, we have +caused our great seal of Great Britain to be affixed to +these presents, signed with our royal hand.</p> + +<p>Given at our palace at St James, the fourteenth day of +May, in the year of our Lord one thousand seven hundred +and eightythree, and the twentythird year of our reign. +<span class="pagenum"><a name="Page_144" id="Page_144">144</a></span></p> + +<p>I, David Hartley, the Minister abovementioned, certify +the foregoing to be a true copy from my original commission, +delivered to the American Ministers this 19th day of +May, 1783.</p> + +<p class="signed"> +D. HARTLEY.</p> + +<div class="thought_break"></div> + +<h3>AN ORDER OF THE BRITISH COUNCIL.</h3> + +<p>Copy of the Order in Council, the 14th of May, 1783, +read to, and left with the American Ministers, this 21st +day of May, 1783, by Mr Hartley.</p> + +<p class="letter_head"> +At the Court of St James, May 14th, 1783.</p> + +<p>Present. The King's Most Excellent Majesty in +Council.</p> + +<p>Whereas, by an act of Parliament passed this session, +entitled, "An Act for preventing certain instruments from +being required from ships belonging to the United States +of America, and to give to his Majesty, for a limited time, +certain powers for the better carrying on trade and commerce +between the subjects of his Majesty's dominions and +the inhabitants of the said United States," it is, among +other things, enacted, that, during the continuance of the +said act, it shall, and may be lawful for his Majesty in +Council, by order or orders to be issued and published +from time to time, to give such directions, and to make +such regulations with respect to duties, drawbacks, or +otherwise, for carrying on the trade and commerce between +the people and territories belonging to the Crown of +Great Britain, and the people and territories of the said +United States, as to his Majesty in Council shall appear +most expedient and salutary, any law, usage, or custom to +<span class="pagenum"><a name="Page_145" id="Page_145">145</a></span> +the contrary notwithstanding. His Majesty, does, therefore, +by, and with the advice of his Privy Council, hereby +order and direct, that any oil, or unmanufactured goods +or merchandises, being the growth or production of any of +the territories of the said United States of America, may, +(until further order) be imported directly from thence into +any of the ports of this kingdom, either in British or American +ships, by British subjects, or by any of the people inhabiting +in, and belonging to the said United States, or any +of them, and such goods and merchandises shall and may +be entered and landed in any port in this kingdom, upon +payment of the same duties, as the like sort of goods are, +or may be subject and liable to, if imported by British +subjects in British ships from any British island or plantation +in America, and no other, notwithstanding such goods +or merchandises, or the ships in which the same may be +brought, may not be accompanied with the certificates, or +other documents heretofore required by law; and it is +hereby further ordered and directed, that there shall be +the same drawbacks, exemptions, and bounties on merchandises +and goods exported from Great Britain into the +territories of the said United States of America, or any of +them, as are allowed upon the exportation of the like +goods or merchandise, to any of the islands, plantations, or +colonies belonging to the Crown of Great Britain in America; +and it is hereby further ordered and directed, that all +American ships and vessels, which shall have voluntarily +come into any port of Great Britain, since the 20th of +January, 1783, shall be admitted, together with the goods +and merchandises on board the same ships and vessels, to +the full benefit of this order; and the Right Honorable +<span class="pagenum"><a name="Page_146" id="Page_146">146</a></span> +the Lords, Commissioners of his Majesty's Treasury, and +the Lords, Commissioners of the Admiralty, are to give +the necessary directions herein, as to them may respectively +appertain.<a name="FNanchor_14" id="FNanchor_14" href="#Footnote_14" class="fnanchor">[14]</a></p> + +<p class="signed"> +WILLIAM FAWKNER.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_14" id="Footnote_14" href="#FNanchor_14"><span class="label">[14]</span></a> See the following Papers in <i>Henry Laurens's Correspondence</i>, +Vol. II. pp. 499-502, viz.</p> + +<p>1. Articles proposed to the American Commissioners by Mr +Hartley.</p> + +<p>2. Mr Hartley's proposed Article of Agreement, delivered by him +to the American Commissioners for their consideration, May 21st, +1783.</p> + +<p>3. Observations and propositions of Mr Hartley, left with the +American Ministers, May 21st, 1783.</p> + +<p>Also in <i>Franklin's Correspondence</i>, Vol. IV. pp. 78, 80, 92, and the +following, viz.</p> + +<p>1. Conciliatory Propositions.</p> + +<p>2. Sketch of a Provisional Treaty of Commerce.</p> + +<p>3. Supplemental Treaty.</p></div></div> + +<div class="thought_break"></div> + +<h3>COUNT DE VERGENNES' PROPOSED NEW ARTICLES.</h3> + +<p class="translation">[Delivered to Dr Franklin on the 20th of May, 1783.]</p> + +<p class="translation">Translation.</p> + +<p>The intention of his Most Christian Majesty and the +United States of North America, in concluding between +them a treaty of amity and commerce, having been, that +their respective subjects should enjoy all the advantages, +privileges, and exemptions, which the most favored nations +enjoy or may enjoy, and his said Majesty and the +United States, wishing to prevent any misunderstandings +that may arise by a false application of the 2d and 3d +<span class="pagenum"><a name="Page_147" id="Page_147">147</a></span> +Articles of the treaty of commerce of February 6th, 1778, +have thought it proper to determine in a precise manner +the principles which ought to be followed on one part and +the other, concerning the matter in question. In consequence, +it is proposed, that his Majesty and the Congress +of the United States agree to the following Articles.</p> + +<p><span class="smcap">Article i.</span> To interpret, as far as is necessary, the 2d +Article of the treaty of amity and commerce, concluded +February 6th, 1778, the United States declare, that all +the advantages, privileges, and exemptions, which are +accorded, or may be accorded hereafter, in regard to navigation +and commerce, to any nation, power, or state, +whatever, shall be common to the French nation, and that +these shall be enjoyed conformably to Article 3d of the +treaty, in such manner that in no case, or under any pretext, +shall the said United States exact any compensation +from his Most Christian Majesty.</p> + +<p><span class="smcap">Article ii.</span> His Most Christian Majesty promises +and engages on his part, to cause the subjects of the United +States to enjoy, in conformity with the 3d Article abovementioned, +all the advantages, privileges, and exemptions, +which the most favored nations now enjoy, or may enjoy +hereafter, and that without exacting any compensation from +the said States.</p> + +<div class="thought_break"></div> + +<h3>TO MR GRAND.</h3> + +<p class="letter_head">Paris, May 22d, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>We have received the letter you did us the honor +to write us on the 10th day of this month, containing a +brief state of the affairs of the United States, in your hands. +<span class="pagenum"><a name="Page_148" id="Page_148">148</a></span> +We see the difficulties you are in, and are sorry to say +that it is not in our power to afford you any relief.</p> + +<p class="indent1"> +We have the honor to be, Sir, &c.</p> + +<p class="signed">JOHN ADAMS,<br /> +B. FRANKLIN,<br /> +JOHN JAY.</p> + +<div class="thought_break"></div> + +<h3>ROBERT R. LIVINGSTON TO THE COMMISSIONERS.</h3> + +<p class="letter_head">Philadelphia, May 28th, 1783.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>By the direction of Congress contained in the enclosed +resolutions, I have the honor to transmit you the correspondence +between General Washington and Sir Guy Carleton, +together with minutes of their conference, when in pursuance +of the invitation of the first, they met in Orange county. +Nothing can be a more direct violation of the seventh Article +of the provisional treaty, than sending off the slaves, under +pretence, that their Proclamations had set them free, as if +a British General had, either by their laws or those of +nations, a right by Proclamation, to deprive any man whatever +of his property. They may with much more propriety +pretend to re-establish every one of their adherents +in all the rights they had before the war, since they engaged +so to do, and the people with whom they made +these engagements were capable of entering into them, +which slaves were not. Or even if they were, the promise +made to them must be under the same limitations with +those made to their other adherents in this country, and +amounts to nothing more than this; "make yourselves free, +and we will protect you in that freedom as long as we can." +The Articles imply, that they were no longer able to protect +them. You will be pleased to remonstrate on this +<span class="pagenum"><a name="Page_149" id="Page_149">149</a></span> +subject, and inform Congress of the effects of your representations.</p> + +<p>We have been much embarrassed by your silence, not +having had a line from you since the Provisional Articles +took effect, nor being at all acquainted with the progress +of the definitive treaty; though the earliest information on +this subject becomes very important. Congress, after +some hesitation have ventured to hope, that it will meet +with no obstructions, and have accordingly discharged by +the enclosed resolution a considerable part of their army +upon those principles of economy which extreme necessity +dictated. As scarce a week passes without several arrivals +from France, Congress complain with some reason of your +silence. For my own part I could wish, that you would +severally impose upon yourselves the task of writing +weekly, and sending your letters to Mr Barclay. As you +are possessed of cyphers, there can be no hazard in this, +where the subject of your correspondence requires secrecy.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">ROBERT R. LIVINGSTON.</p> + +<div class="thought_break"></div> + +<h3>ROBERT R. LIVINGSTON TO THE COMMISSIONERS.</h3> + +<p class="letter_head">Philadelphia, May 31st, 1783.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>Congress yesterday passed the enclosed resolutions +on the subject of the payment of British debts. The +language they speak requires no comment.</p> + +<p>I complained in my last of your long silence, or +rather laid before you the complaints of Congress. +These, I think receive additional force from the intelligence +that I have since had, that the negotiations are +<span class="pagenum"><a name="Page_150" id="Page_150">150</a></span> +still going on; and that important propositions have +been made you from Holland. As Congress have adjourned +for two days, and the packet sails tomorrow, I +cannot procure their instructions on this subject; +though I think I may venture to say that they will not +without reluctance go one step further than their +honor requires of them in making new engagements +which may involve them in the disputes of Europe, +from which they wish to be totally disengaged. I +make no observations on these propositions, or your +power to accede to them, being well persuaded that +you will take no step in this business without a full +persuasion that important advantages will result therefrom +to these States. The second proposition, in case +France and Spain should decline acceding to the first, +is more peculiarly delicate from the inability of the +contracting powers to enforce them; if, which is +hardly to be supposed, they should unite in wishing +it.</p> + +<p>I cannot help lamenting since so much time has +elapsed before any conclusion is formed, that you had +not thought it advisable to write me on this subject, +explaining the advantages and disadvantages of the +measure, and enabling me to take the sense of Congress +thereon; for though they have the highest confidence +in your judgment and knowledge of the true +interests of this country, yet I am persuaded that they +think it a duty to see with their own eyes; and to +form their own conclusions on great national objects, +where there is a possibility of so doing. The experience +of the last war has shown that the propositions of +the Empress of Russia were little more than a dead +<span class="pagenum"><a name="Page_151" id="Page_151">151</a></span> +letter. Those whom England dared to offend derived +no advantage from them. Our engagement therefore +on this head will, in my opinion, add little weight to +them, unless the great maritime powers of Europe +agree to support them, and they may involve us in +disagreeable discussions. These however are only my +sentiments; those of Congress I am ignorant of.</p> + +<p>The fifth and sixth Articles of the provisional treaty +excite much ferment here. For though the most dissatisfied +spirits acknowledge the whole treaty taken +together to answer their highest expectations, yet they +wish to take only what they like, and leave out what +they disapprove; and such is the relaxation of government, +and so great the disorder and uneasiness introduced +by the war, that it will be found very difficult +to bridle the just resentments of some, and the +unfounded apprehensions that others entertain of reimbursement +that may effect their particular interests.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">ROBERT R. LIVINGSTON.</p> + +<div class="thought_break"></div> + +<h3>JOHN ADAMS'S PROPOSED AGREEMENT</h3> + +<p class="letter_head"> +June, 1783.</p> + +<p class="translation">ARTICLES</p> + +<p>Agreed upon by and between David Hartley, Minister +Plenipotentiary of his Britannic Majesty for and in +behalf of his said Majesty, on the one part, and John +Adams, Benjamin Franklin, John Jay, and Henry +Laurens, Ministers Plenipotentiary of the United +States of America, for treating of peace with the Minister +Plenipotentiary of his said Majesty, on their behalf, +on the other part, +<span class="pagenum"><a name="Page_152" id="Page_152">152</a></span></p> + +<p><i>In addition</i> to those Articles agreed upon, on the +30th day of November, 1782, by and between Richard +Oswald, the Commissioner of his Britannic Majesty for +treating of peace with the Commissioners of the United +States of America, in behalf of his said Majesty, on +the one part, and the said John Adams, Benjamin +Franklin, and Henry Laurens, Commissioners of the +said States, for treating of peace, with the Commissioner +of his said Majesty, on their behalf, on the +other part;</p> + +<p>Whereas it is expedient, that intercourse and commerce +should be opened, between the people and territories +subject to the Crown of Great Britain and those +of the United States of America, and that this intercourse +and commerce should be established on the +most enlarged principles of reciprocal benefit to both +countries;</p> + +<p>1st. It is agreed, that Ministers shall be forthwith +nominated and vested with full powers, to treat, agree, +and conclude, upon a permanent treaty of commerce +between the two powers and their respective citizens, +subjects and countries.</p> + +<p>2dly. For the purpose of a temporary regulation of +such intercourse and commerce, it is agreed,</p> + +<p>That the citizens of the United States shall import +into, and export from, any part of the dominions, subject +to the Crown of Great Britain, in American ships, +any goods, wares, and merchandises, which have been +so imported, or exported, by the inhabitants of the +British American Colonies before the commencement +of the late war, paying only the same duties and +charges, as the like sort of goods or merchandises +<span class="pagenum"><a name="Page_153" id="Page_153">153</a></span> +are now, or may be, subject to, if imported by British +subjects, in British ships, from any British island, or +plantation in America; and that the subjects of his +Britannic Majesty shall import to, and export from, +any part of the territories of the United States of +America, in British ships, any goods, wares, and merchandise, +which might have been so imported, or exported, +by the subjects of his Britannic Majesty, before +the commencement of the war, paying the same duties +and charges, as the like sort of goods, wares, and merchandises +are now, or may be, subject to, if imported +in American ships, by any of the citizens of the said +United States.</p> + +<p>This agreement to continue in force for all vessels, +which shall sail from any port of either party, on or +before the —— day of —— and no longer; +provided always, that nothing in this agreement shall +at any time hereafter be argued on either side, in support +of any proposition, which may be made in the +future negotiation of a permanent treaty of commerce.</p> + +<div class="thought_break"></div> + +<h3>JOHN JAY'S PROPOSED AGREEMENT.</h3> + +<p class="letter_head"> +June, 1783.</p> + +<p>Whereas a variety of circumstances and considerations +oppose the forming at present a permanent treaty of commerce, +between the Imperial Crown of Great Britain and +the United States of America; and whereas it is expedient +that a commercial intercourse should be without delay +opened and regulated between the kingdom and territories +of Great Britain and the said States, by a temporary convention, +therefore, +<span class="pagenum"><a name="Page_154" id="Page_154">154</a></span></p> + +<p>It is agreed that for the term of —— from the +date hereof, &c. &c.</p> + +<p>Provided that the subjects of his Britannic Majesty shall +not have any right or claim under the convention, to carry +or import, into the said States any slaves from any part of +the world; it being the intention of the said States entirely +to prohibit the importation thereof.</p> + +<p>And whereas questions may arise respecting the operation +of this convention on Ireland, it is agreed that it shall +not restrain that kingdom from accepting from, and granting +to, the said States further and more extensive commercial +privileges than that Island and the British American +Colonies enjoyed with respect to each other before +the late war.</p> + +<p>And whereas this convention is dictated by temporary +convenience, and the discussion of questions respecting +reciprocity has, in forming it, been avoided; therefore, it +is agreed, that no arguments shall be drawn from it, for or +against any propositions or claims, which either party may +make in treating of, and framing the proposed future +treaty of commerce.</p> + +<div class="thought_break"></div> + +<h3>DAVID HARTLEY'S PROPOSED AGREEMENT.</h3> + +<p class="letter_head"> +June, 1783.</p> + +<p>It is agreed, that the citizens of the United States of +America shall be permitted to import into, and export from, +any port or place of the territories belonging to the Crown +of Great Britain, in American ships, any goods, wares and +merchandise, which might have been so imported by the +inhabitants of the British American Colonies before the +commencement of the late war, upon payment of the same +<span class="pagenum"><a name="Page_155" id="Page_155">155</a></span> +duties and charges, as the like sort of goods or merchandise +are now, or may be, subject and liable to, if imported +or exported by British subjects, in British ships, into and +from any port or place of the territories belonging to the +Crown of Great Britain; provided, however, that the citizens +of the United States shall not have any right or claim, +under this convention, to carry on any direct intercourse of +commerce between the British West India Islands and the +ports of Great Britain.</p> + +<p>It is agreed, likewise, that the subjects of Great Britain +shall be permitted to import into, and to export from, any +part of the territories of the United States of America, in +British ships, any goods, wares, and merchandise, which +might have been so imported, or exported, by the subjects +of Great Britain before the commencement of the late war, +upon payment of the same duties and charges, as the like +sort of goods, wares, and merchandise are now, or may be, +liable to, if imported, or exported, in American ships by +the citizens of the United States of America.</p> + +<div class="thought_break"></div> + +<h3>REPORT OF A COMMITTEE OF CONGRESS.</h3> + +<p>By the United States in Congress assembled, June 12th, +1783.</p> + +<p>The Committee, to whom was referred a report of the +Secretary for Foreign Affairs, on a letter of the 20th of +March last from M. Dumas, and sundry papers enclosed, +report;</p> + +<p>That it appears from the said letter and the papers enclosed, +that propositions have been made, on the part of +the States-General, to the Ministers of the United States of +<span class="pagenum"><a name="Page_156" id="Page_156">156</a></span> +America at Paris, in order to render an express stipulation +in favor of the freedom of navigation less necessary in the +treaty of peace between Great Britain and the United +Provinces of the Netherlands, either to accede to the +treaty of the armed neutrality already concluded between +some powers of Europe, or to enter into similar engagements +with France, Spain, and the United Provinces of +the Netherlands, or, in case France and Spain should refuse +to enter into a Convention founded on the principles +of the armed neutrality, or wish to delay it till after the +general peace, to form a separate convention for similar +purposes, between the United Provinces of the Netherlands +and the United States of America. That the answers +to these propositions do not appear from the papers +transmitted, though there is room to infer from M. Dumas's +letter of the fourth and eighteenth of February, that +the two first of these propositions were encouraged by our +Ministers, and that the States-General proposed to act in +consequence thereof, and had made the last proposition, +in order to be prepared in case either, or both, of the two +first should fail.</p> + +<p>It appears from the report of the Secretary for Foreign +Affairs, that no powers are at present vested in any person +in Europe, to agree to any treaty, similar to that entered +into by Russia, Sweden, Denmark, and the United Provinces +of the Netherlands, after the peace shall be concluded. +The resolution of the 5th of October, 1780, empowers +the Ministers of these States, if invited thereto, to +accede to such regulations conformable to the spirit of the +declaration of Russia, as may be agreed upon by the Congress +expected to assemble, in pursuance of the invitation +of her Imperial Majesty. Our Ministers received no invitation, +<span class="pagenum"><a name="Page_157" id="Page_157">157</a></span> +and special powers were afterwards given to Mr +Dana, which, in their nature, superseded that resolution. +Mr Dana was by his commission and instructions empowered +to sign the treaty or convention, for the protection +of commerce in behalf of the United States, either with +her Imperial Majesty, in conjunction with the other neutral +powers, or if that shall be inadmissible, separately with +her Imperial Majesty, or any of those, that is, those neutral +powers. The treaty being only made to continue during +the war, his powers terminated with the war, or, at most, +extended only to sign it with the neutral powers, and not +to form a new separate treaty.</p> + +<p>Whereupon Congress came to the following resolution.</p> + +<p>Whereas the primary object of the resolution of October +5th, 1780, and of the commission and instructions to Mr +Dana, relative to the accession of the United States to the +neutral confederacy, no longer can operate, and as the true +interest of the States requires, that they should be as little +as possible entangled in the politics and controversies of +European nations, it is inexpedient to renew the said +powers either to Mr Dana, or to the other Ministers of +these United States in Europe. But, inasmuch as the +liberal principles, on which the said confederacy was established, +are conceived to be, in general, favorable to +the interests of nations, and, particularly, to those of the +United States, and ought, in that view, to be promoted by +the latter, as far as will consist with their fundamental +policy;</p> + +<p>Resolved, that the Ministers Plenipotentiary of these +United States for negotiating a peace be, and they are +hereby instructed, in case they should comprise in the definitive +treaty any stipulation, amounting to a recognition of +<span class="pagenum"><a name="Page_158" id="Page_158">158</a></span> +the rights of neutral nations, to avoid accompanying them +by any engagements which shall oblige the contracting +parties to support those stipulations by arms.</p> + +<p class="signed"> +ELIAS BOUDINOT, <i>President</i>.</p> + +<div class="thought_break"></div> + +<h3>DAVID HARTLEY TO THE COMMISSIONERS.</h3> + +<p class="letter_head">Paris, June 14th, 1783.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>Permit me to address the enclosed Memorial to your +Excellencies, and to explain to you my reasons for so +doing.</p> + +<p>It is because many consequences, now at a great distance, +and unforeseen by us, may arise between our two +countries, perhaps from very minute and incidental transactions, +which in their beginnings may be imperceptible +and unsuspected as to their future effects. Our respective +territories are in vicinity, and therefore we must be inseparable. +Great Britain, with the British power in America, +is the only nation with whom, by absolute necessity, you +must have the most intimate concerns, either of friendship +or hostility. All other nations are three thousand miles distant +from you. You <i>may</i> have political connexions with any +of these distant nations, but with regard to Great Britain it +<i>must</i> be so. Political intercourse and interests will obtrude +themselves between our two countries, because they are +the two great powers dividing the continent of North +America. These matters are not to come into discussion +between us now. They are of too much importance, +either to be involved, or even glanced at, in any present +transaction.</p> + +<p>Let every eventual principle be kept untouched, until +<span class="pagenum"><a name="Page_159" id="Page_159">159</a></span> +the two nations shall have recovered from the animosities +of the war. Let them have a pacific interval, to consider +deliberately of their mutual and combined interests, +and of their engagements with other nations. Let us not, +at the outset of a temporary convention, adopt the severe +principle of reducing every transaction between the two +countries to the footing of exact reciprocity alone. Such +a principle would cast a gloom upon conciliatory prospects. +America is not restrained from any conciliation with Great +Britain by any treaty with any other power. The principles +of conciliation would be most desirable between Great +Britain and America; and forbearance is the road to conciliation. +After a war of animosities, time should be allowed +for recollection. There are all reasonable appearances +of conciliatory dispositions on all sides, which may +be perfected in time. Let us not, therefore, at such a +moment as this, and without the most urgent necessity, +establish a morose principle between us; if it were a decided +point against amity and conciliation, it would be time +enough to talk of partition and strict reciprocity. To presume +in favor of conciliation may help it forward; to presume +against it, may destroy that conciliation, which might +otherwise have taken place.</p> + +<p>But, in the present case, there is more than reason to +presume conciliation. I think myself happy, that I have +it in my power to assure you, from authority, that it is the +fundamental principle of the British Councils, to establish +amity and confidence between Great Britain and the +American States, as a succedaneum for the relation, in +which they formerly stood one to the other. The proof +of this consists, not in words, but in substantial facts. His +Britannic Majesty has been graciously pleased to send +<span class="pagenum"><a name="Page_160" id="Page_160">160</a></span> +orders to his commanders in North America, for the +speedy and complete evacuation of all the territories of the +United States. His Majesty has given orders in council, +on the 14th of the last month, for the admission of American +ships and cargoes into Great Britain; and on the 6th +instant, he has given farther orders, permitting the importation +from America of several articles, which have been +usually considered as manufactures. He has, likewise, +provided for the convenience of American merchants, who +may wish to land tobacco in Great Britain for re-exportation. +Upon the same principle, Mr Fox, the Secretary of +State, corresponding with America, has moved for, and +received the liberty of the House of Commons, (<i>nem. con.</i>) +to bring in a bill, that any American merchants, importing +rice into Great Britain, may, upon re-exportation, draw +back the whole duty paid on its first importation. All +these circumstances put together, undoubtedly form the +most indisputable evidence of the disposition, which prevails +in the British Councils to give every facility to the +re-establishment of that intercourse, which must be so beneficial +to both nations.</p> + +<p>I am ordered to inform you, that his Majesty entirely +approves of the plan of making a temporary convention, for +the purpose of restoring immediate intercourse and commerce, +and more particularly for the purpose of putting +off, for a time, the decision of that important question, how +far the British acts of navigation ought to be sacrificed to +commercial considerations, drawn from the peculiar circumstances +of the present crisis; a question, which will +require much deliberation, and very much inquiry, before +it can be determined. I am sure, Gentlemen, you will see +and admit the reasonableness of our proceeding, in such +<span class="pagenum"><a name="Page_161" id="Page_161">161</a></span> +a case, with deliberation and discretion; more especially, +when these acts of prudence do not proceed from any +motives of coolness or reserve towards you. In the meantime, +the temporary convention may proceed upon principles +of real and accommodating reciprocity. For instance, +we agree to put you upon a more favorable footing than +any other nation. We do not ask a rigid reciprocity for +this, because we know, by your present subsisting treaties, +it is not in your power to give it to us. We desire only to +be put upon the footing of other nations with you, and, +yet, we consent that you shall be upon a better footing +with us than any other nation.</p> + +<p>Thus far, we must be allowed to be giving something +more than reciprocity, and this we do, as I said before, +because we are unwilling to ask what you are unable to +give. Surely, it is not unreasonable, nor more than, from +principles of reciprocity, we have a right to expect that +you should imitate our conduct in this particular, and that +you should abstain from asking things, under the title of +exact and literal reciprocity, which, upon the consideration +of our case, you must know that we cannot give. Virtual +and substantial reciprocity we are willing to give; literal +reciprocity is impossible, as much from your engagements, +as from our system of navigation.</p> + +<p>If we can agree upon an article of intercourse and commerce, +in the nature of a temporary convention, on the +basis of the Memorial, which I had the honor of giving +lately to you, bearing date 19th of May, 1783, no time +need be lost in finishing this business; but with this explanation, +that although it is proposed, that the commerce between +the United States and the British West Indies +<span class="pagenum"><a name="Page_162" id="Page_162">162</a></span> +should be free with regard to their respective productions, +yet, that we are not bound to admit the importation of +West India commodities into Great Britain in American +vessels. Believe me, Gentlemen, that this restriction does +not proceed from any invidious disposition towards the +American States. It is imposed by indispensable prudence +and necessity upon the British Ministers, who, in +the present state of things, could not be justified to their +own country, to go hastily to a larger extent of concession. +This point is not to be looked upon merely as commercial, +but as affecting fundamentally the great political system of +British navigation; and you are to consider, that the principle, +upon which the whole of our proposed temporary +convention is to stand, is, that the <i>commerce</i> between the +two countries is to be revived nearly upon the old footing; +but that each nation is to keep in its own hands, the power +of making such regulations respecting <i>navigation</i>, as shall +seem fit. I assure you, that this point has been discussed +by the Ministers of the British cabinet with infinite candor, +and with every possible disposition of amity and favor +towards your country; but the more they have inquired +upon this subject, the more they are overborne by conviction, +that the prejudices upon this matter (if that be the +name these opinions deserve) are so strong, that such a +measure as a relaxation of the act of navigation, in this instance, +never can be taken, but upon such a full and solemn +Parliamentary inquiry, as it is impossible to go into at +this time of the year, and in this stage of the session. I +cannot, therefore, Gentlemen, help flattering myself, that +you, who are so well acquainted with difficulties, which +must embarrass an English administration in a business of +this sort, will rather endeavor to remove them, than to increase +<span class="pagenum"><a name="Page_163" id="Page_163">163</a></span> +them; and I am sure, that such a plan, on your +part, would ultimately be most conducive to your own objects. +When an amicable intercourse is once opened, and +when conciliatory confidence comes to take place of those +jealousies, which have lately subsisted, you may easily +conceive in how different a manner the whole of this matter +will be considered. I am confident that this will be +the case, but if it is not, the provisions being only temporary, +it will be in the power of the United States, to take +up any hostile mode of proceeding, by restraints and prohibitions, +&c. whenever they may think fit.</p> + +<p>I have made use above of the word <i>prejudices</i> in speaking +of the principles of the British act of navigation. I +hope you will accept that term from me, as proceeding so +far in compliance towards the future consideration of the +points now between us, as to keep the question open and +free for discussion. If Great Britain should, in any case, +throw down the barriers of her act of navigation towards +America, she should be very secure against the possible +case of future enmity, or alliance against her. Such considerations +as these, lead to objects far beyond our present +scope or powers. But I must still add one word more +upon this article of <i>prejudices</i>. Such prejudices (if they +are so) are not confined to Great Britain. By your commercial +treaty with France, Article 4th, you are only entitled +to an European trade with that kingdom, and not, +even by that treaty, to any direct commerce between their +West India Islands and the ports of the American States; +much less to the immediate communication between the +French Islands and the dominions of the Crown of France +in Europe. Every public proceeding in England, since +the commencement of our present negotiation for opening +<span class="pagenum"><a name="Page_164" id="Page_164">164</a></span> +the intercourse and commerce between our two countries, +will, I am sure, support me in saying, that we have very +liberally taken the lead; that we have not waited for any +assurance of reciprocity, but have given orders for almost +a universal admission of American articles, before we +even know that any vessel from Great Britain will find admission +into any American ports. What do we ask in +return? No more than this; that while we gratuitously, +and without stipulation, give advantages and favors to the +American States, which we deny to all other nations, they +would so far justify our liberal way of proceeding, as to +receive us in the same manner as other nations, which are +foreign, and to permit us to carry to North America, what +it is evidently for their interest that we should carry +thither.</p> + +<p>I need hardly add, that it is of infinite importance, that +some temporary convention should be finished without loss +of time. I hope and trust that we shall not find much +more difficulty in this business. You must see the advantage +of an immediate renewal of intercourse, and from the +candor of your dispositions, I am sure you must likewise +be convinced, that to give us some facility in the outset, is +the sure road to such an equitable arrangement for the +future, as you must have at heart. The reasons, which I +have given in the Memorial appear to me to be cogent and +convincing, upon the natural alliance between our two +countries. And when the intercourse has once begun, +everything will go in its natural road. It is, therefore, +of infinite consequence to begin that intercourse. Great +Britain, by all public proceedings of repeals, proclamations, +&c. &c. has made the first advances, with warmth +and confidence, and, therefore, I conclude, with the fullest +<span class="pagenum"><a name="Page_165" id="Page_165">165</a></span> +assurance, that you will meet those advances with cordial +reciprocity.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">D. HARTLEY.</p> + +<div class="thought_break"></div> + +<h3>DAVID HARTLEY'S MEMORIAL TO THE COMMISSIONERS.</h3> + +<p>The proposition, which has been made for a universal +and unlimited reciprocity of intercourse and commerce, +between Great Britain and the American United States, +requires a very serious consideration on the part of Great +Britain, for the reasons already stated in a Memorial, dated +May 19th, 1783, and for many other reasons, which in the +future discussion of the proposition will appear. To the +American States, likewise, it is a matter of the deepest +importance, not only as a proposition of commercial intercourse, +which is the least part, but most principally, as a +political basis and guarantee for their newly established +constitutions. The introduction of British interests into +a communion of intercourse, will bring forward a universal +guarantee on the part of Great Britain, in the future +progress of political events, which may affect the United +States of America in their national capacity. The proposition +is fertile in future prospects to Great Britain; and +America also may wisely see in it a solid foundation for +herself.</p> + +<p>All circumstances are most fortunately disposed between +Great Britain and the American States, to render them +useful friends and allies to each other, with a higher degree +of suitableness between themselves than any other +nations can pretend to. France cannot interchange reciprocities +with the American States, by reason of numberless +<span class="pagenum"><a name="Page_166" id="Page_166">166</a></span> +impediments in her system of government, in her monopolies, +and her system of commerce. France has the +great disability of difference in language to contend with; +and the institution of the present French manufactures has +never, at any time heretofore, been trained or adapted to +American commerce. The only particular and pacific facility +which France ever possessed for American intercourse, +has for many years been transferred into the British scale +by the cession of Canada to Great Britain. The future +commerce, between France and America, will chiefly be +regulated by such conveniences as France can draw to +herself from America, without much aptitude on the part +of France, to accommodate her manufactures and commerce +to American demands. In short, an interchange +of reciprocities between France and America, would run +against the stream on both sides; and all established habits, +manners, language, together with the principles of government +and commerce, would militate against such a system.</p> + +<p>Conformably to this reasoning, it appears, that France +has not at any time entertained any systematical design of +forming any union or consolidation of interests with America. +She took up the American cause, as instrumental +to her political views in Europe. America likewise accepted +the alliance with France, for her separate views, +viz. for the establishment of her independence. The alliance, +therefore, is completed and terminated, without leaving +behind it any political principle of future permanent +connexion between them. Occasional circumstances produced +a temporary alliance. Similar circumstances +may, on any future occasion, produce a similar event of a +temporary compact. Dissimilar circumstances, arising +from any future political views of the Court of France +<span class="pagenum"><a name="Page_167" id="Page_167">167</a></span> +in Europe, may without any inconsistency of principle, +throw the power of that kingdom into a scale adverse to +the future interests of the American States. In such case, +therefore, where there cannot exist any permanent political +connexion between France and America, and where the +commercial attachments can be but feeble, it would be +vain to expect in the French nation any such ally, as newly +established States ought to look out for, to give maturity +and firmness to their constitutions.</p> + +<p>As to Spain, every argument which has been stated +respecting diversity of language, manners, government, +monopolies, and system of commerce, from those which +prevail in the United States of America, obtains in a superior +degree. And much more to add besides, for Spain +is not only incompetent to interchange reciprocities with +the American States, but likewise her own situation in +America will at all times render her extremely jealous of +her neighbors. The only activity which Spain has exerted +in the war, has been to procure a barrier against the +American States, by annexing West Florida to her former +acquisition of New Orleans; thereby embracing the mouth +of the Mississippi, and by means of that river, jointly with +her landed possessions, establishing a strong and jealous +boundary against any future progress of the American +States in those parts. Spain, therefore, cannot be looked +upon by the American States as a suitable object of their +election, to become a permanent ally and friend to them. +Portugal, likewise, labors under all the disabilities of language, +manners, monopolies, government and system of +commerce. Her national power and importance would +be likewise insufficient to constitute a strong and permanent +ally to the American States. All these nations will +<span class="pagenum"><a name="Page_168" id="Page_168">168</a></span> +undoubtedly be found to have many commodious qualities +for participation in commerce; but the permanent facilities +necessary to constitute a firm and permanent ally to the +American States, will be found deficient in them.</p> + +<p>As to the Italian States, or any other powers in the +Mediterranean, they are certainly not adequate to any +competition of political alliance with the rising States of +America. They will also form very commodious links +and connexions in the general circuit of commerce; but +beyond these considerations, they have no share in the +present question. The several States in the Germanic +body are in the same predicament.</p> + +<p>As to the Northern powers, viz. those in the Baltic, they +are not favored either by vicinity, or climate, for a frequent +or facile intercourse of commerce with America. +And even respecting several material articles of commerce, +jealousies and competitions might arise. As to political +alliances, there are no such in prospect from them to the +American States. Even if there were any superfluity of +force in any of them beyond the necessities of their respective +domestic situations, the extreme distance would +be conclusive against any possible application of such +power, as a political alliance favorable to the establishment +and conformation of the American States.</p> + +<p>The only maritime state on the continent of Europe remaining +to be discussed, as a competent candidate for +commerce, or connexion with America, is the Republic +of the United Netherlands, commonly called Holland. In +respect to American commerce, the Dutch have among +themselves every facility combined, which the separate +States of Europe, possess distinctly in their own concerns, +or nearly. Their industry, frugality, and habits of commerce, +<span class="pagenum"><a name="Page_169" id="Page_169">169</a></span> +may even carry them so far, as to make them +rivals to the Americans themselves, in the transportation of +European merchandise to America. These faculties of +commerce would have been of infinite importance to the +American States, if the war had continued between Great +Britain and them. But upon the event of peace, it becomes +a matter of the most perfect indifference to America, +whether each European State navigates its own commerce +into the ports of America, which will open to all, +or whether the commercial faculties of Holland enable her +to exceed in rivalship her European neighbors, and thereby +to navigate European goods to America beyond the +proportion of her national share. The faculties of a nation +of carriers may be fortunate for the marine of that nation; +but considered in themselves, and with respect to other +nations, they are but secondaries in commerce. They +give no ground of reciprocities, or participation. That +one nation should say to another, you shall navigate all our +rivers, harbors, lakes, ports, and places, if we may do the +same in yours, is a proposition of reciprocity; but that +Holland should say to America, we will bring European +goods to you, or you may be your own carriers, is neither +concession nor reciprocity. Holland is not a nation of +rivers, harbors, lakes, ports, and places, for the distribution +of goods and manufactures for internal consumption, and, +therefore, her reciprocities must be very scanty. Holland +is the market-place of Europe, and the Dutch seamen +are the carriers appertaining to that market-place. The +admission of American ships to that market-place, freely to +import and to export, is, undoubtedly, an act of reciprocity +on the part of Holland as far as it goes, but in no degree +<span class="pagenum"><a name="Page_170" id="Page_170">170</a></span> +adequate to the unlimited participation of American commerce +throughout the rivers, harbors, lakes, ports, and +places of that vast continent. The commercial reciprocities +of Holland, therefore, being inferior, on her part, +towards America, the next point of view in which Holland +is to be considered, as relevant to this question, is, as a +nation of power, capable of becoming an effectual and permanent +ally and guarantee to the American States, for +that is the great object, which America, as a wise nation, +recently arisen into independence, ought to keep in view. +Holland has certainly been a nation of great and celebrated +naval force. She remains so still; but having for +many years suspended her exertions of force, and having +directed the faculties of her people into the commercial +line, she seems not to have any superfluity of force beyond +the necessity of providing for her own security; and, certainly, +no such redundance of power, as to extend to the +protection of distant nations, as allies or guarantees. It +appears, therefore, upon the whole of this argument, that +Holland, although a commercial nation, cannot even interchange +commercial reciprocities with America upon an +equal footing, and that her faculties of force are inadequate +to those, which America ought to expect in the permanent +allies and guarantees of her country.</p> + +<p>The independence of the American States being established, +their first consideration ought to be, to determine +with what friendships and alliances they will enter into the +new world of nations. They will look round them, and +cast about for some natural, permanent, and powerful ally, +with whom they may interchange all cementing reciprocities, +both commercial and political. If such an ally be to +be found anywhere for them, it is still in Great Britain; at +<span class="pagenum"><a name="Page_171" id="Page_171">171</a></span> +least, it is certain, that, in looking round Europe, no other +is to be found. There is no inherent impossibility to prevent +such a connexion from taking place; it must depend +on the free will and common interest of the parties. +There are all possible faculties on both sides, to give and +to receive all adequate and beneficial reciprocities, which +are practicable and more likely to be permanent between +independent parties, than between two parties, of which +one is dependent on the other. Great Britain is, undoubtedly, +the first of European nations, in riches, credit, faculties, +industry, commerce, manufactures, internal consumption, +and foreign export, together with civil liberty, which +is the source of all, and naval power, which is the support +of all. The dominions appertaining to the Crown of +Great Britain are large and fertile; its Colonies still extensive, +and in close vicinity to the American States, Great +Britain being an American, as well as an European power, +and all her empire connected by her naval force.</p> + +<p>The territories of the American States, from the Atlantic +ocean to the Mississippi, contain an inexhaustible source +of riches, industry, and future power. These will be the +foundations of great events in the new page of life. Infinite +good, or infinite evil, may arise according to the +principles upon which the intercourse between Great +Britain and America shall be arranged in its foundation. +Great Britain and America must be still inseparable, either +as friends or foes. This is an awful and important truth. +These are considerations not to be thought of slightly; +not to be prejudged in passion, nor the arrangements of +them to be hastily foreclosed. Time given for consideration +may have excellent effects on both sides. The pause +of peace, with friendly intercourse, returning affection, and +<span class="pagenum"><a name="Page_172" id="Page_172">172</a></span> +dispassionate inquiry, can alone decide these important +events, or do justice to the anxious expectations of Great +Britain and America.</p> + +<div class="thought_break"></div> + +<h3>THE PRESIDENT OF CONGRESS TO THE COMMISSIONERS.</h3> + +<p class="letter_head">Philadelphia, June 16th, 1783.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>I am sorry to inform you, that by the resignation of Mr +Livingston as Minister for Foreign Affairs, it has become +necessary that you should receive the resolutions of Congress, +relative to your mission through my hands. The +disadvantage arising from this necessity, until a successor +to that worthy gentleman is appointed, will be yours, as it +is impossible for me to do more than barely to transmit the +acts of Congress necessary for your information.</p> + +<p>Enclosed you have one of the 1st of May last, and +another of the 12th instant, which I hope will get safe to +hand time enough for your government. The commission +and instructions referred to in the first, not being ready, it +was thought best to forward the resolution without delay, +that you might know what was intended in the present important +period of your negotiation. We have been much +surprised, that we have not received any communications +from you since the cessation of hostilities, except a letter +of the 5th of April, from Mr Laurens.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">ELIAS BOUDINOT, <i>President</i>.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_173" id="Page_173">173</a></span></p> + +<h3>HENRY LAURENS TO THE COMMISSIONERS.</h3> + +<p class="letter_head">London, June 17th, 1783.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>I had the honor of addressing you on the 10th, immediately +after my landing at Dover. As early as possible +after my arrival here, I obtained an interview with Mr +Secretary Fox, who was pleased to read to me part of his +latest despatches to Mr Hartley, which he supposed would +reach Paris on the 14th. It is probable, therefore, that +before this time, as much of the contents as is proper for +your knowledge has been communicated.</p> + +<p>"Reciprocity," since the 10th of April, has undergone +a certain degree of refinement. The definition of that +term appears now to be possession of advantages on one +side, and restrictions on the other. "The navigation act +is the vital of Great Britain, too delicate to bear a touch." +The sudden and unexpected, perhaps illicit, arrival of +ships and cargoes from America, may have caused this +change of tone. But you have heard in detail, and are +more competent to judge.</p> + +<p>From a desire of forming an opinion, I asked Mr Fox, +whether he thought I might venture for a few days, to take +the benefit of Bath, and yet be in time enough at Paris +for the intended commercial agreement? He replied, "I +rather think you may." One need not be a conjurer to +draw an inference; you will either have finished the business +before I could travel to Paris, or without being missed +there I may go to Bath and repair my nerves.</p> + +<p>In this state of uncertainty, when it is easy to perceive +affections are not as we could wish them, nor quite so warm +as we had been taught to believe, it would not be wise to +<span class="pagenum"><a name="Page_174" id="Page_174">174</a></span> +commit the United States; wherefore I shall rest the business +till I hear from you, or until a more favorable prospect; +flattering myself with hopes of your surmounting the +late seeming difficulties. An inconvenience on your side is +preferable to the hazard of a disgrace.</p> + +<p class="indent1"> +I am, with great regard and respect, &c.</p> + +<p class="signed">HENRY LAURENS.</p> + +<div class="thought_break"></div> + +<h3>THE PRESIDENT OF CONGRESS TO B. FRANKLIN.</h3> + +<p class="letter_head">Philadelphia, June 18th, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>I have the honor of enclosing you an official letter, directed +to our Ministers Plenipotentiary at Paris.</p> + +<p>The resignation of the late Secretary for Foreign Affairs, +(occasioned by his preference of the Chancellorship of +the State of New York, which he could not hold longer +and retain his Secretaryship,) has cast the business of his +office on me, till a successor is elected, which I hope will +speedily take place.</p> + +<p>As part of the resolution of Congress of the 12th instant, +enclosed in that letter, is of a secret nature, I have written +it in cyphers, but not having that of Mr Livingston's, I +thought it best to use Mr Morris's to you, which he has +obligingly supplied me with; so that the Ministers will be +indebted for your decyphering it.</p> + +<p>Your letter to Mr Livingston of the 15th of April, enclosing +the two medals, came to hand this morning. I am +sorry to find, that you have cause for similar complaints to +those we have been making for two months past, on the +subject of want of intelligence. We have not heard from +any of our Commissioners at Paris, since February, excepting +<span class="pagenum"><a name="Page_175" id="Page_175">175</a></span> +a letter from Mr Laurens, though our anxiety and +expectations have been wound up to the highest pitch.</p> + +<p>I feel myself much indebted for your polite compliment +of the medal; it is thought very elegant, and the device +and workmanship much admired. You will be pleased, +Sir, to accept my acknowledgments on this occasion. As +I doubt not but the copper one was designed for Mr Livingston +personally, I shall send it to him by the first convenient +opportunity. He is a worthy deserving character, +and the United States will suffer greatly by his resignation, +though I think him justified in attending to the calls of his +private affairs.</p> + +<p>You will receive herewith a number of our late newspapers, +in which are inserted many resolves, associations, +&c. from all parts of the country, which I earnestly +wish could be kept out of sight. But the truth is, that +the cruelties, ravages, and barbarisms of the refugees and +loyalists, have left the people so sore, that it is not yet time +for them to exercise their good sense and cooler judgment. +And that cannot take place, while the citizens of New +York are kept out of their city, and despoiled daily of +their property, by the sending off their negroes by hundreds, +in the face of the treaty. It has been exceedingly +ill judged in the British to retain New York so long, and +to persist in sending away the negroes, as it has irritated +the citizens of America to an alarming degree.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">ELIAS BOUDINOT.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_176" id="Page_176">176</a></span></p> + +<h3>HENRY LAURENS TO THE COMMISSIONERS.</h3> + +<p class="letter_head">London, June 20th, 1783.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>Permit me to refer to what I had the honor of writing +to you the 17th. You will recollect my suggestions, as +soon as we perceived the falling off from those warm assurances, +which had been pressed in March and April. +They were not ill founded. I delayed a week in hopes +of intelligence, and left you with reluctance; the temper +of the times forbids even an essay.</p> + +<p>What a happy country is this, where everything pertaining +to the public is rendered to them in public newspapers. +See the enclosed, containing nearly as accurate an +account of certain recent occurrences, as if it had been +penned by one of the parties. It might indeed have been +made a little stronger. Modest men are sometimes restrained +from attempting a public good, from a dread of +the effects of envy, of being held up in an invidious light. +It would be cruel to disturb them.</p> + +<p>I have heard nothing from America, save what you may +have read in the prints. Tomorrow I shall proceed to +Bath, and be waiting for intelligence, as well from yourselves +as from Congress. Some consolation arises from +reflecting, that while I am endeavoring to mend my health, +you suffer no inconvenience from my absence.</p> + +<p class="indent1"> +With sincere regard and respect,</p> + +<p class="signed">HENRY LAURENS.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_177" id="Page_177">177</a></span></p> + +<h3>TO THE COUNT DE VERGENNES.</h3> + +<p class="letter_head">Passy, June 28th, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>Mr Grand, banker to the Congress, having laid before +us the annexed state of their affairs in his hands, +we conceive ourselves indispensably obliged to communicate +the same to your Excellency, as some important +interests of both countries are concerned.<a name="FNanchor_15" id="FNanchor_15" href="#Footnote_15" class="fnanchor">[15]</a></p> + +<p>Before the peace was known in America, and while +Mr Morris had hopes of obtaining the five per cent +duty and a larger loan from his Majesty, the immediate +urgent necessities of the army obliged him to draw +bills, and sell them to the merchants, to raise money +for the purchase of provisions, to prevent their starving +or disbanding.</p> + +<p>The merchants have thereupon formed their plans +of business, and remitted those bills to their correspondents +here, to pay debts, and purchase goods in this +kingdom, to be carried home in the ships, that are +come, or coming to France, thus to open a larger +commerce with this nation.</p> + +<p>If those bills cannot be paid, the creditors of America +will be disappointed and greatly hurt, and the +commerce will be deranged and discouraged in its +first operations, of which the numerous ill consequences +are more easily imagined than described.</p> + +<p>Our loan in Holland is going on, and with such +prospect of success, that the bankers, who have the +care of it, have lately sent by express to Mr Adams +all the blank obligations, necessary to complete it, for +<span class="pagenum"><a name="Page_178" id="Page_178">178</a></span> +him to sign, that they might have them ready to deliver, +as demanded, his return thither being delayed.</p> + +<p>This loan will, therefore, probably answer the bills +Mr Morris has drawn on those bankers.</p> + +<p>But the protesting any of his bills here would occasion +such an alarm there, as must probably entirely +stop any further progress of that loan, and thereby increase +the mischief.</p> + +<p>The government of the Congress would also be enfeebled +by it.</p> + +<p>We apprehend, too, that, in the present unsettled +situation of our affairs with England, such a failure +might have very ill effects, with respect to our negotiations.</p> + +<p>We therefore request your counsel, hoping your +wisdom, which has so often befriended our nation, +may point out some way, by which we may be extricated +from this distress.</p> + +<p>And as the King has hitherto so generously assisted +us, we hope that, if it is any way practicable, his Majesty +will crown the glorious work, by affording us +this help, at the different periods when it will be +wanted, and which is absolutely the last that will be +asked.</p> + +<p> +We are, with sincere and great respect, &c.</p> + +<p class="signed">B. FRANKLIN,<br /> +JOHN JAY.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_15" id="Footnote_15" href="#FNanchor_15"><span class="label">[15]</span></a> See Mr Grand's letter above, p. <a href="#Page_139">139</a>.</p></div></div> + +<div class="thought_break"></div> + +<h3>PROPOSITIONS MADE BY THE COMMISSIONERS TO DAVID +HARTLEY FOR THE DEFINITIVE TREATY.</h3> + +<p><span class="smcap">Article i.</span> To omit in the definitive treaty the +exception, at the end of the second Article of the +<span class="pagenum"><a name="Page_179" id="Page_179">179</a></span> +provisional treaty, viz. these words, "excepting such +islands as now are, or heretofore have been within the +limits of the said Province of Nova Scotia."</p> + +<p><span class="smcap">Article ii.</span> The prisoners made respectively, by +the arms of his Britannic Majesty, and the United +States, by sea and by land, not already set at liberty, +shall be restored reciprocally and <i>bona fide</i>, immediately +after the ratification of the definitive treaty, without +ransom, and on paying the debts they may have +contracted during their captivity; and each party shall +respectively reimburse the sums, which shall have +been advanced, for the subsistence and maintenance of +the prisoners, by the sovereign of the country where +they shall have been detained, according to the receipts +and attested accounts, and other authentic titles, +which shall be produced on each side.</p> + +<p><span class="smcap">Article iii.</span> His Britannic Majesty shall employ +his good offices and interposition with the King or +Emperor of Morocco or Fez, the Regencies of Algiers, +Tunis and Tripoli, or with any of them, and also with +every other Prince, State or power of the coast of +Barbary, in Africa, and the subjects of the said King, +Emperor, States and powers and each of them, in order +to provide as fully and efficaciously as possible for +the benefit, conveniency and safety of the said United +States and each of them, their subjects, people and inhabitants, +and their vessels and effects, against all violence, +insult, attacks or depredations on the part of +the said Princes and States of Barbary, or their +subjects.</p> + +<p><span class="smcap">Article iv.</span> If war should hereafter arise between +Great Britain and the United States, which God forbid, +<span class="pagenum"><a name="Page_180" id="Page_180">180</a></span> +the merchants of either country then residing in +the other, shall be allowed to remain nine months to +collect their debts and settle their affairs, and may +depart freely, carrying off all their effects without +molestation or hinderance. And all fishermen, all cultivators +of the earth, and all artisans and manufacturers +unarmed and inhabiting unfortified towns, villages +or places, who labor for the common subsistence and +benefit of mankind, and peaceably follow their respective +employments, shall be allowed to continue the +same, and shall not be molested by the armed +force of the enemy in whose power, by the events of +war, they may happen to fall; but if anything is necessary +to be taken from them, for the use of such +armed force, the same shall be paid for at a reasonable +price. And all merchants or traders with their unarmed +vessels employed in commerce, exchanging the +products of different places and thereby rendering the +necessaries, conveniences and comforts of human life +more easy to obtain, and more general, shall be allowed +to pass freely unmolested. And neither of the +powers, parties to this treaty, shall grant or issue any +commission, to any private armed vessels, empowering +them to take or destroy such trading ships, or interrupt +such commerce.</p> + +<p><span class="smcap">Article v.</span> And in case either of the contracting +parties, shall happen to be engaged in war with any +other nation, it is further agreed, in order to prevent +all the difficulties and misunderstandings that usually +arise respecting the merchandise heretofore called contraband, +such as arms, ammunition, and military stores +of all kinds, that no such articles carrying by the ships +<span class="pagenum"><a name="Page_181" id="Page_181">181</a></span> +or subjects of one of the parties to the enemies of the +other, shall on any account be deemed contraband, so +as to induce confiscation and a loss of property to +individuals. Nevertheless, it shall be lawful to stop +such ships and detain them for such length of time as +the captors may think necessary to prevent the inconveniences +or damage that might ensue from their proceeding +on their voyage, paying, however, a reasonable +compensation for the loss such arrest shall occasion +to the proprietors. And it shall further be allowed to +use in the service of the captors, the whole or any +part of the military stores so detained, paying to the +owners the full value of the same.</p> + +<p><span class="smcap">Article vi.</span> The citizens and inhabitants of the +said United States, or any of them, may take and hold +real estates in Great Britain, Ireland, or any other of +his Majesty's dominions, and dispose by testaments, +donations or otherwise of their property, real or personal, +in favor of such person as to them shall seem +fit; and their heirs, citizens of the said United States, +or any of them residing in the British dominions or +elsewhere, may succeed them <i>ab intestato</i>, without being +obliged to obtain letters of naturalization. The +subjects of his Britannic Majesty shall enjoy on their +parts, in all the dominions of the said United States, +an entire and perfect reciprocity, relative to the stipulations +contained in the present Article.</p> + +<p><span class="smcap">Article vii.</span> The ratifications of the definitive +treaty shall be expedited in good and due form, and +exchanged in the space of five months, or sooner if it +can be done, to be computed from the day of the signature. +<span class="pagenum"><a name="Page_182" id="Page_182">182</a></span></p> + +<p><span class="smcap">Article viii.</span> Query. Whether the King of +Great Britain will admit the citizens of the United +States to cut logwood on the district allotted to his +Majesty by Spain, and on what terms?</p> + +<div class="thought_break"></div> + +<h3>DAVID HARTLEY'S SIX PROPOSITIONS FOR A DEFINITIVE +TREATY.</h3> + +<p class="letter_head">June, 1783.</p> + +<p>1st. That lands belonging to persons of any description, +which have not actually been sold, shall be restored +to the old possessors without price.</p> + +<p>2dly. That an equal and free participation of the +different carrying places, and the navigation of all the lakes +and rivers of that country, through which the water line of +division passes between Canada and the United States, +shall be enjoyed fully and uninterruptedly by both parties.</p> + +<p>3dly. That in any such places, within the boundaries +assigned generally to the American States, as are adjoining +to the water line of division, and which are not specifically +under the dominion of any one State, all persons at present +resident, or having possessions or occupations as merchants, +or otherwise, may remain in peaceable enjoyment +of all civil rights, and in pursuit of their respective occupations.</p> + +<p>4thly. That in any such places adjoining to the water +line of division, as may be under the specific dominion of +any particular State, all persons at present resident, or +having possessions or occupations as merchants, or otherwise, +may remain in the peaceable enjoyment of all civil +rights, and in pursuit of their occupations, until they shall +<span class="pagenum"><a name="Page_183" id="Page_183">183</a></span> +receive notice of removal from the State to which any +such place may appertain; and, upon any such notice of +removal, a term of three years shall be allowed for selling, +or withdrawing their valuable effects, and for settling their +affairs.</p> + +<p>5thly. That his Britannic Majesty's forces, not +exceeding —— in number, may continue in the posts +now occupied by them contiguous to the water line, for +the term of three years, for the purpose of securing the +lives, property, and peace of any persons settled in that +country, against the invasion or ravages of the neighboring +Indian nations, who may be suspected of retaining +resentments, in consequence of the late war.</p> + +<p>6thly. That no tax or impost whatsoever, shall be laid +on any articles of commerce passing or repassing through +the country, but that the trade may be left entirely open, +for the benefit of all parties interested therein.</p> + +<div class="thought_break"></div> + +<h3>THE COMMISSIONERS' ANSWERS TO MR HARTLEY'S SIX +PROPOSITIONS.</h3> + +<p>To the 1st. This matter has been already regulated in +the 5th and 6th Articles of the Provisional Treaty, to the +utmost extent of our powers. The rest must be left to +the several States.</p> + +<p>2dly. All the lakes, rivers, and waters, divided by +the boundary line, or lines, between the United States and +his Britannic Majesty's territories, shall be freely used and +navigated by both parties, during the whole extent of such +divisions. Regulations concerning roads, carrying places, +and any land communications between said waters, whether +within the line of the United States or that of his Majesty, +<span class="pagenum"><a name="Page_184" id="Page_184">184</a></span> +together with the navigation of all waters and rivers in +America, belonging to either party, may be made in a negotiation +of a treaty of commerce.</p> + +<p>3dly. That in all places belonging to the United +States, in the country adjoining to the water line of division, +and which, during the war, were in his Majesty's possession, +all persons at present resident, or having possessions +or occupations as merchants, or otherwise, may +remain in the peaceable enjoyment of all civil rights, and +in pursuit of their occupations, until they shall receive notice +of removal from Congress, or the State to which any +such place may appertain; and that upon any such notice +of removal, a term of two years shall be allowed for selling, +or withdrawing their effects, and for settling their +affairs.</p> + +<p>4thly. That his Britannic Majesty's forces, not +exceeding —— in number, may continue in the +posts now occupied by them contiguous to the water line, +until Congress shall give them notice to evacuate the said +posts, and garrisons of their own shall arrive at said posts, +for the purpose of securing the lives, property, and peace +of any persons settled in that country, against the invasion +or ravages of the neighboring Indian nations, who may be +suspected of retaining resentments, in consequence of the +late war.</p> + +<p>5thly. The consideration of this proposition may be +left to the treaty of commerce.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_185" id="Page_185">185</a></span></p> + +<h3>TO DAVID HARTLEY.</h3> + +<p class="letter_head">Passy, July 17th, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>We have the honor to inform you, that we have just received +from Congress, their ratification in due form, of the +Provisional Articles of the 30th of November, 1782, and +we are ready to exchange ratifications with his Britannic +Majesty's Ministers as soon as may be.</p> + +<p>By the same Articles it is stipulated, that his Britannic +Majesty shall, with all convenient speed, and without +causing any destruction, or carrying away any negroes, or +other property of the American inhabitants, withdraw all +his armies, garrisons, and fleets from the United States, +and from every port, place, and harbor within the same. +But, by intelligence lately received from America, and by +the enclosed copies of letters and conferences between +General Washington and Sir Guy Carleton, it appears that +a considerable number of negroes, belonging to the citizens +of the United States, have been carried off from New +York, contrary to the express stipulation contained in the +said Article. We have received from Congress their instructions +to represent this matter to you, and to request +that speedy and effectual measures be taken to render +that justice to the parties interested, which the true +intent and meaning of the Article in question plainly +dictates.</p> + +<p>We are also instructed to represent to you, that many +of the British debtors in America have, in the course of +the war, sustained such considerable and heavy losses by +the operations of the British arms in that country, that a +<span class="pagenum"><a name="Page_186" id="Page_186">186</a></span> +great number of them have been rendered incapable of +immediately satisfying those debts; we refer it to the +justice and equity of Great Britain, so far to amend the +Article on that subject, as that no execution shall be issued +on a judgment to be obtained in any such case, but after +the expiration of three years from the date of the definitive +treaty of peace. Congress also think it reasonable, +that such part of the interest, which may have accrued on +such debts during the war, shall not be payable, because +all intercourse between the two countries had, during that +period, become impracticable, as well as improper. It +does not appear just, that individuals in America should +pay for delays in payment, which were occasioned by the +civil and military measures of Great Britain. In our +opinion, the interest of the creditors as well as the debtors, +requires that some tenderness be shown to the latter, and +that they should be allowed a little time to acquire the +means of discharging debts, which, in many instances, +exceed the whole amount of their property.</p> + +<p>As it is necessary to ascertain an epocha for the restitutions +and evacuations to be made, we propose, that it be +agreed, that his Britannic Majesty shall cause to be evacuated +the posts of New York, Penobscot, and their dependencies +with all other posts and places in possession of his +Majesty's arms within the United States, in the space of +three months after the signature of the definitive treaty, or +sooner, if possible, excepting those posts contiguous to the +water line, mentioned in the 4th proposition, and those +shall be evacuated when Congress shall give the notice +therein mentioned.</p> + +<p>We do ourselves the honor of making these communications +to you, Sir, that you may transmit them, and the +<span class="pagenum"><a name="Page_187" id="Page_187">187</a></span> +papers accompanying them, to your Court, and inform +us of their answer.</p> + +<p class="indent1"> +We have the honor to be, &c. &c.</p> + +<p class="signed">JOHN ADAMS,<br /> +B. FRANKLIN,<br /> +JOHN JAY.</p> + +<div class="thought_break"></div> + +<h3>TO ROBERT R. LIVINGSTON.</h3> + +<p class="letter_head">Passy, July 18th, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>We have had the honor of receiving by Captain +Barney your two letters of the 25th of March and +21st of April, with the papers referred to in them.</p> + +<p>We are happy to find, that the Provisional Articles +have been approved and ratified by Congress, and we +regret, that the manner in which that business was +conducted, does not coincide with your ideas of propriety. +We are persuaded, however, that this is +principally owing to your being necessarily unacquainted +with a number of circumstances, known to +us, who were on the spot, and which will be particularly +explained to you hereafter, and, we trust, to +your satisfaction, and that of the Congress.</p> + +<p>Your doubts respecting the Separate Article, we +think, are capable of being removed; but as a full +state of the reasons and circumstances, which prompted +that measure, would be very prolix, we shall +content ourselves with giving you the general outlines.</p> + +<p>Mr Oswald was desirous to cover as much of the +eastern shores of the Mississippi with British claims +<span class="pagenum"><a name="Page_188" id="Page_188">188</a></span> +as possible; and, for this purpose, we were told a +great deal about the ancient bounds of Canada, Louisiana, +&c. &c. The British Court, who had, probably, +not yet adopted the idea of relinquishing the Floridas, +seemed desirous of annexing as much territory to them +as possible, even up to the mouth of the Ohio. Mr +Oswald adhered strongly to that object, as well to render +the British countries there of sufficient extent to +be (as he expressed it) worth keeping and protecting, +as to afford a convenient retreat to the tories, for +whom it would be difficult otherwise to provide; and, +among other arguments, he finally urged his being +willing to yield to our demands to the east, north, and +west, as a further reason for our gratifying him on the +point in question. He also produced the commission +of Governor Johnson, extending the bounds of his +government of West Florida, up to the river Yazoo; +and contended for that extent as a matter of right, +upon various principles, which, however, we did not +admit, the King not being authorised, in our opinion +to extend or contract the bounds of the colonies at +pleasure.</p> + +<p>We were of opinion, that the country in contest was +of great value, both on account of its natural fertility +and of its position, it being, in our opinion, the interest +of America to extend as far down towards the +mouth of the Mississippi as we possibly could. We +also thought it advisable to impress Britain with a +strong sense of the importance of the navigation of that +river to their future commerce on the interior waters, +from the mouth of the St Lawrence to that of the +Mississippi, and thereby render that Court averse to +<span class="pagenum"><a name="Page_189" id="Page_189">189</a></span> +any stipulations with Spain to relinquish it. These +two objects militated against each other, because to +enhance the value of the navigation, was also to enhance +the value of the countries contiguous to it, and +thereby disincline Britain to the dereliction of them. +We thought, therefore, that the surest way to reconcile +and obtain both objects would be by a composition +beneficial to both parties. We therefore proposed, +that Britain should withdraw her pretensions to all the +country above the Yazoo, and that we would cede all +below it to her, in case she should have the Floridas +at the end of the war; and, at all events, that she +should have a right to navigate the river throughout +its whole extent. This proposition was accepted, and +we agreed to insert the contingent fact of it in a separate +Article, for the express purpose of keeping it secret +for the present. That Article ought not, therefore, +to be considered as a mere matter of favor to +Britain, but as the result of a bargain, in which that +Article was a <i>quid pro quo</i>.</p> + +<p>It was in our opinion, both necessary and justifiable, +to keep this Article secret. The negotiations between +Spain, France, and Britain were then in full +vigor, and embarrassed by a variety of clashing demands. +The publication of this Article would have +irritated Spain, and retarded, if not have prevented +her coming to an agreement with Britain.</p> + +<p>Had we mentioned it to the French Minister, he +must have not only informed Spain of it, but also been +obliged to act a part respecting it, that would probably +have been disagreeable to America; and he certainly +has reason to rejoice that our silence saved him +that delicate and disagreeable task. +<span class="pagenum"><a name="Page_190" id="Page_190">190</a></span></p> + +<p>This was an Article, in which France had not the +smallest interest, nor is there anything in her treaty +with us, that restrains us from making what bargain +we please with Britain about those or any other lands, +without rendering account of such transaction to her +or any other power whatever. The same observation +applies with still greater force to Spain; and neither +justice nor honor forbid us to dispose as we pleased of +our own lands without her knowledge or consent. +Spain at that very time extended her pretensions and +claims of dominion, not only over the tract in question +but over the vast region lying between the Floridas +and Lake Superior; and this Court was also, at that +very time, soothing and nursing those pretensions by +a proposed conciliatory line for splitting the difference. +Suppose, therefore, we had offered this tract to Spain, +in case she retained the Floridas, should we even have +had thanks for it? or would it have abated the chagrin +she experienced from being disappointed in her +extravagant and improper designs on that whole country? +We think not.</p> + +<p>We perfectly concur with you in sentiment, Sir, +that "<i>honesty is the best policy</i>." But, until it be shown +that we have trespassed on the rights of any man, or +body of men, you must excuse our thinking that this +remark as applied to our proceedings was unnecessary.</p> + +<p>Should any explanations, either with France or +Spain become necessary on this subject, we hope and +expect to meet with no embarrassment. We shall +neither amuse them nor perplex ourselves with flimsy +excuses, but tell them plainly, that it was not our +duty to give them the information; we considered +<span class="pagenum"><a name="Page_191" id="Page_191">191</a></span> +ourselves at liberty to withhold it. And we shall remind +the French Minister that he has more reason to +be pleased than displeased with our silence. Since +we have assumed a place in the political system of the +world, let us move like a primary and not like a secondary +planet.</p> + +<p>We are persuaded, Sir, that your remarks on these +subjects resulted from real opinion and were made +with candor and sincerity. The best men will view +objects of this kind in different lights even when +standing on the same ground; and it is not to be +wondered at, that we, who are on the spot and have +the whole transaction under our eyes, should see many +parts of it in a stronger point of light, than persons +at a distance, who can only view it through the dull +medium of representation.</p> + +<p>It would give us great pain if anything we have +written or now write respecting this Court should be +construed to impeach the friendship of the King and +nation for us. We also believe that the Minister is so +far our friend, and is disposed so far to do us good +offices, as may correspond with, and be dictated by his +system of policy for promoting the power, riches, and +glory of France. God forbid that we should ever +sacrifice our faith, our gratitude, or our honor, to any +considerations of convenience; and may He also forbid +that we should ever be unmindful of the dignity +and independent spirit, which should always characterize +a free and generous people.</p> + +<p>We shall immediately propose an Article to be inserted +in the definitive treaty for postponing the payment +of British debts for the time mentioned by Congress. +<span class="pagenum"><a name="Page_192" id="Page_192">192</a></span></p> + +<p>There are, no doubt, certain ambiguities in our Articles, +but it is not to be wondered at, when it is considered how +exceedingly averse Britain was to any expressions, which +explicitly wounded the tories; and how disinclined we were +to use any, that should amount to absolute stipulations +in their favor.</p> + +<p>The words for returning the property of <i>real British +subjects</i> were well understood and explained between us, +<i>not</i> to mean or comprehend <i>American refugees</i>. Mr Oswald +and Mr Fitzherbert know this to have been the case, +and will readily confess and admit it. This mode of expression +was preferred by them, as a more delicate mode +of excluding those refugees, and of making a proper distinction +between them and the subjects of Britain, whose +only particular interest in America consisted in holding +lands or property there.</p> + +<p>The 6th Article, viz. where it declares, that no <i>future +confiscations</i> shall be made, &c. ought to have fixed the time +with greater accuracy. We think the most fair and true +construction is, that it relates to the date of the cessation of +hostilities. That is the time when peace in fact took +place, in consequence of prior informal, though binding, +contracts to terminate the war. We consider the definitive +treaties, as only giving the dress of form to those contracts, +and not as constituting the obligation of them. Had +the cessation of hostilities been the effect of truce, and consequently +nothing more than a temporary suspension of +war, another construction would have been the true one.</p> + +<p>We are officially assured by Mr Hartley, that positive +orders for the evacuation of New York have been despatched, +and that no avoidable delay will retard that event. +Had we proposed to fix a time for it, the British Commissioner +<span class="pagenum"><a name="Page_193" id="Page_193">193</a></span> +would have contended, that it should be a time posterior +to the date of the definitive treaty, and that would +have been probably more disadvantageous to us, than as +that Article now stands.</p> + +<p>We are surprised to hear, that any doubts have arisen +in America, respecting the time when the cessation of hostilities +took place there. It most certainly took place at +the expiration of one month after the date of that declaration, +in all parts of the world, whether by land or sea, that +lay north of the latitude of the Canaries.</p> + +<p>The ships afterwards taken from us, in the more northerly +latitudes, ought to be reclaimed and given up. We +shall apply to Mr Hartley on this subject, and also on +that of the transportation of negroes from New York, contrary +to the words and intention of the provisional articles.</p> + +<p class="indent1"> +We have the honor to be, &c.</p> + +<p class="signed">JOHN ADAMS,<br /> +B. FRANKLIN,<br /> +JOHN JAY.</p> + +<div class="thought_break"></div> + +<h3>TO ROBERT R. LIVINGSTON.</h3> + +<p class="letter_head">Paris, July 27th, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>The definitive treaties between the late belligerent powers +are none of them yet completed. Ours has gone on +slowly, owing partly to the necessity Mr Hartley, successor +of Mr Oswald, thinks himself under of sending every proposition, +either his own or ours, to his Court for their approbation, +and their delay in answering, through negligence +perhaps, since they have heard our ports are open, or +through indecision, occasioned by ignorance of the subject, +or through want of union among the Ministers. We +<span class="pagenum"><a name="Page_194" id="Page_194">194</a></span> +send you herewith copies of several papers, that have +passed between us. He has for some time assured us, that +he is in hourly expectation of answers, but they do not +arrive. The British Proclamation, respecting the commerce, +appears to vex him a good deal. We enclose a +copy. And we are of opinion, that finally we shall find +it best to drop all commercial articles in our definitive +treaty, and leave everything of that kind to a future special +treaty, to be made either in America or in Europe, as +Congress shall think fit to order. Perhaps it may be best +to give powers for that purpose to the Minister, that probably +will be sent to London. The opinion here is, that it +will be becoming in us to take the first step towards the +mutual exchange of Ministers, and we have been assured +by the English Minister, who treats with us here, that ours +will be well received.</p> + +<p>The Dutch preliminaries are not yet agreed on, and it +seems to be settled, that we are to sign all together, in the +presence of the Ministers of the two Imperial Courts, who +are to be complimented with the opportunity of signing as +mediators, though they have not yet, and perhaps will not +be consulted in the negotiations. Mr Adams has gone to +Holland for three weeks, but will return sooner if wanted. +The propositions you mention, as made to us from that +State, we suppose he has given you an account of. Nothing +was, or is likely to be, done upon them here, and +therefore it was less necessary to say anything concerning +them. A Minister from thence has been gone some time +to Congress, and if he has those propositions in charge, +they will best be considered there.</p> + +<p class="indent1"> +With great esteem, we have the honor to be, &c.</p> + +<p class="signed">B. FRANKLIN,<br /> +JOHN JAY.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_195" id="Page_195">195</a></span></p> + +<h3>PROJECT FOR A DEFINITIVE TREATY OF PEACE.</h3> + +<div class="blockquot"><p> +<i>Project for the Definitive Treaty of Peace and Friendship, +between his Britannic Majesty and the United +States of America, concluded at —— the —— +day of —— 1783.</i> +</p></div> + +<p>Be it known to all those, to whom it shall or may in any +manner belong.</p> + +<p>It has pleased the Most High to diffuse the spirit of +union and concord among the nations, whose divisions had +spread troubles in the four parts of the world, and to inspire +them with the inclination to cause the comforts of +peace, to succeed to the misfortunes of a long and bloody +war, which having arisen between Great Britain and the +United States of America, in its progress communicated +itself to France, Spain, and the United Netherlands.</p> + +<p>Consequently the United States of America, did, on the +fifteenth of June, in the year of our Lord one thousand +seven hundred and eightyone, name and appoint their +Ministers Plenipotentiary, and resolve, ordain, and grant +their Commission in the following words, viz. [See +page <a href="#Page_71">71</a>.]</p> + +<p>And his Majesty, the King of Great Britain, did on the +twentyfirst day of September, in the twentysecond year +of his reign, issue his Commission, under the great seal +of Great Britain, to Richard Oswald, in the words following, +viz. [See page <a href="#Page_80">80</a>.]</p> + +<p>And his said Britannic Majesty, on the one part, and +the said United States of America on the other, did lay +the foundations of peace in the preliminaries, signed at +Paris, on the thirtieth of November last, by the said Richard +<span class="pagenum"><a name="Page_196" id="Page_196">196</a></span> +Oswald, on the part of his said Majesty, and by the +said John Adams, Benjamin Franklin, John Jay, and +Henry Laurens, on the part of the said United States, in +virtue of their respective full powers aforesaid, and after +having mutually shown to each other their said full powers +in good form, and mutually exchanged authenticated +copies of the same.</p> + +<p>And his said Britannic Majesty did, on the twentyfourth +day of July, in the year of our Lord one thousand, seven +hundred and eightytwo, and in the twentysecond year of his +reign, issue his Commission, signed with his royal hand, and +under the great seal of Great Britain, to Alleyne Fitzherbert, +in the following words, viz. [Here follows the Commission.]</p> + +<p>And the said Alleyne Fitzherbert, on the part of his said +Britannic Majesty, and John Adams and Benjamin Franklin, +in the necessary absence of the said John Jay and Henry +Laurens, on the part of the said United States, did, at Versailles, +on the twentieth day of January last, communicate +to each other their full powers aforesaid, in good form, and +agreed upon an armistice in the words following; [See +pp. <a href="#Page_121">121</a>, <a href="#Page_123">123</a>.]</p> + +<p>And his Britannic Majesty did on the —— +day of —— in the year of our Lord, one +thousand seven hundred and eightythree, and in the +twentythird year of his reign, issue his Commission, signed +with his royal hand, and under the great seal of Great +Britain, to David Hartley, in the following words, viz.; +[Here follows the Commission.]</p> + +<p>And now the said David Hartley, Minister Plenipotentiary +of his said Britannic Majesty, in behalf of his said +Majesty on the one part, and John Adams, Benjamin +Franklin, and John Jay, Ministers Plenipotentiary of the +<span class="pagenum"><a name="Page_197" id="Page_197">197</a></span> +said United States of America, in behalf of the said States +on the other, having communicated to each other their +aforesaid full powers in good form, and mutually exchanged +authenticated copies of the same, have, by virtue +thereof agreed, and do hereby agree and conclude upon +the Articles, the tenor of which is as follows, viz.</p> + +<p>Whereas reciprocal advantages and mutual convenience +are found, by experience, to form the only permanent +foundation of peace and friendship between States, it is +agreed to form the Articles of this treaty on such principles +of liberal equity and reciprocity, as that partial advantages, +those seeds of discord, being excluded, such a beneficial +and satisfactory intercourse between the two countries +may be established, as to promise and secure to both +perpetual peace and harmony.</p> + +<h3>ARTICLE I.</h3> + +<p>The same as Article 1st of the preliminary treaty, but +finishing at "every part thereof."</p> + +<h3>ARTICLE II.</h3> + +<p>The same as Article 2d of the preliminary treaty, but +commencing with the remaining part of Article 1st, "and +that all disputes," &c. and ending with the words, "and +the Atlantic ocean."</p> + +<h3>ARTICLE III.</h3> + +<p>The same as Article 3d of the preliminary treaty.</p> + +<h3>ARTICLE IV.</h3> + +<p>It is agreed, that creditors on either side, shall meet +with no lawful impediment to the recovery of the full value +in sterling money of all <i>bona fide</i> debts heretofore contracted, +<span class="pagenum"><a name="Page_198" id="Page_198">198</a></span> +excepting that the respective governments on both +sides may, if they think proper, pass acts directing, that, in +consideration of the distresses and disabilities brought on +by the war, and by the interruption of commerce, no execution +shall be issued on a judgment to be obtained in any +such case, until after the expiration of three years from the +date of this definitive treaty; nor shall such judgments include +any allowance for interest for the time that passed +during the war, and until the signing hereof.</p> + +<h3>ARTICLE V.</h3> + +<p>And whereas doubts have arisen concerning the true +construction of the 5th Article of the provisional treaty, +and great difficulties are likely to arise in its execution, it +is hereby agreed, that the same shall be declared void, +and omitted in this definitive treaty.</p> + +<p>And, instead thereof, it is agreed, that as exact an +account as may be, shall be taken by Commissioners to be +appointed for that purpose on each part, of all seizures, +confiscations, or destruction of property belonging to the +adherents of the Crown of Great Britain in America, (exclusive +of prizes made at sea, and debts mentioned in the +preceding Article,) and an account of all seizures, confiscations, +or destruction of property belonging to the adherents +of the United States residing either therein, or in +Canada; and the said property being duly appraized and +valued, the accounts thereof shall be compared, and the +balance shall be paid in money by the party, which has +suffered least, within one year after such adjustment of the +said accounts. And it is further agreed, that all persons, +who have any interest in confiscated lands, either by debts, +or marriage settlements, or otherwise, shall meet with no +lawful impediment in the prosecution of their just rights.</p> + +<h3>ARTICLE VI.</h3> +<p><span class="pagenum"><a name="Page_199" id="Page_199">199</a></span></p> + +<p>The same as Article 6th of the preliminary treaty.</p> + +<h3>ARTICLE VII.</h3> + +<p>There shall be a firm and perpetual peace between his +Britannic Majesty and the said States, and between the +subjects of the one, and the citizens of the other. And his +Britannic Majesty shall; with all convenient speed, and +without causing any destruction, or carrying away any +negroes, or other property of the American inhabitants, +withdraw all his armies, garrisons, and fleets from the said +United States, and from every port, place, and harbor +within the same, leaving in all fortifications the American +artillery that may be therein. And shall also order and +cause all archives, records, deeds, and papers belonging to +any of the said States, or their citizens, which, in the +course of the war, may have fallen into the hands of his +officers, to be forthwith restored and delivered to the +proper States and persons to whom they belong. And all +destruction of property, or carrying away of negroes, or +other property belonging to the American inhabitants, contrary +to the above stipulation, shall be duly estimated and +compensated to the owners.</p> + +<h3>ARTICLE VIII.</h3> + +<p>The navigation of the rivers Mississippi and St +Lawrence from their sources to the ocean, shall forever +remain free and open to the subjects of Great +Britain and the citizens of the United States.</p> + +<h3>ARTICLE IX.</h3> + +<p>The prisoners made respectively by the arms of his +Britannic Majesty and the United States, by land and +<span class="pagenum"><a name="Page_200" id="Page_200">200</a></span> +by sea, not already set at liberty, shall be restored +reciprocally and <i>bona fide</i>, immediately after the ratification +of the definitive treaty, without ransom, and on +paying the debts they may have contracted during +their captivity; and each party shall respectively reimburse +the sums which shall have been advanced for +the subsistence and maintenance of their prisoners by +the sovereign of the country where they shall have +been detained, according to the receipts and attested +accounts and other authentic titles, which shall be +produced on each side to commissioners, who shall be +mutually appointed for the purpose of settling the +same.</p> + +<h3>ARTICLE X.</h3> + +<p>His Britannic Majesty shall employ his good offices +and interposition with the King or Emperor of Morocco +or Fez, the Regencies of Algiers, Tunis, and +Tripoli, or with any of them, and also with every +other Prince, State, or Power of the coast of Barbary +in Africa, and the subjects of the said King, Emperor, +States, and Powers, and each of them, in order to +provide, as fully and efficaciously as possible, for the +benefit, conveniency and safety of the said United +States, and each of them, their subjects, people, and +inhabitants, and their vessels and effects, against all +violence, insult, attacks, or depredations, on the part +of the said Provinces and States of Barbary, or their +subjects.</p> + +<h3>ARTICLE XI.</h3> + +<p>If war should hereafter arise between Great Britain +and the United States, which God forbid, the merchants +<span class="pagenum"><a name="Page_201" id="Page_201">201</a></span> +of either country, then residing in the other, +shall be allowed to remain nine months to collect their +debts and settle their affairs, and may depart freely, +carrying off all their effects, without molestation or +hinderance. And all fishermen, all cultivators of the +earth, and all artisans or manufacturers, unarmed and +inhabiting unfortified towns, villages, or places, who +labor for the common subsistence and benefit of mankind, +and peaceably follow their respective employments, +shall be allowed to continue the same, and shall +not be molested by the armed force of the enemy, in +whose power, by the events of war, they may happen +to fall; but if anything is necessary to be taken from +them for the use of such armed force, the same shall +be paid for at a reasonable price. All merchants or +traders, with their unarmed vessels employed in commerce, +exchanging the products of different places, and +thereby rendering the necessaries, conveniences and +comforts of human life more easy to obtain, and more +general, shall be allowed to pass freely unmolested. +And neither of the powers, parties to this treaty, shall +grant or issue any commission to any private armed +vessel, empowering them to take or destroy such +trading ships or interrupt such commerce.</p> + +<h3>ARTICLE XII.</h3> + +<p>And in case either of the contracting parties shall +happen to be engaged in war with any other nation, +it is further agreed, in order to prevent all the difficulties +and misunderstandings that usually arise respecting +the merchandise heretofore called contraband, such +as arms, ammunition, and military stores of all kinds, +<span class="pagenum"><a name="Page_202" id="Page_202">202</a></span> +that no such articles carrying by the ships or subjects +of one of the parties to the enemies of the other, shall, +on any account, be deemed contraband, so as to induce +confiscation and a loss of property to individuals; +nevertheless, it shall be lawful to stop such ships and +detain them for such length of time as the captors may +think necessary to prevent the inconvenience or damage +that might ensue from their proceeding on their +voyage, paying, however, a reasonable compensation +for the loss such arrest shall occasion to the proprietors. +And it shall further be allowed to use in the +service of the captors, the whole, or any part of the +military stores so detained, paying to the owners the +full value of the same, to be ascertained by the current +price at the place of its destination.</p> + +<h3>ARTICLE XIII.</h3> + +<p>The citizens and inhabitants of the said United +States, or any of them, may take and hold real estates +in Great Britain, Ireland, or any other of his Majesty's +dominions, and dispose by testament, donation, or +otherwise, of their property, real or personal, in favor +of such persons as to them shall seem fit; and their +heirs, citizens of the United States, or any of them, +residing in the British dominions, or elsewhere, may +succeed them, <i>ab intestato</i>, without being obliged to +obtain letters of naturalization.</p> + +<p>The subjects of his Britannic Majesty shall enjoy +on their part, in all the dominions of the said United +States, an entire and perfect reciprocity, relative to the +stipulations contained in the present Article.</p> +<p><span class="pagenum"><a name="Page_203" id="Page_203">203</a></span></p> + +<h3>ARTICLE XIV.</h3> + +<p>His Majesty consents, that the citizens of the United +States may cut logwood as heretofore in the district +allotted to his subjects by the treaty with Spain, on +condition that they bring or send the said logwood to +Great Britain, or Ireland, and to no other part of +Europe.</p> + +<h3>ARTICLE XV.</h3> + +<p>All the lakes, rivers, and waters, divided by the +boundary line, or lines, between his Britannic Majesty's +territories and those of the United States, as well +as the rivers mentioned in Article —— shall be +freely used and navigated by the subjects and citizens +of his said Majesty and of the said States, in common +over the whole extent or breadth of the said lakes, +rivers and waters. And all the carrying places, on +which side soever situated of the said dividing waters, +or between the said rivers and the waters or territories +of either of the parties, may and shall be freely used +by the traders of both, without any restraint, demand +of duties, or tax, or any imposition whatsoever, except +such as inhabitants of the country may be subject +to.</p> + +<h3>ARTICLE XVI.</h3> + +<p>That in all places belonging to the United States, or +either of them, in the country adjoining to the water +line of division, and which, during the war, were in +his Majesty's possession, all persons at present resident +or having possessions or occupations as merchants or +otherwise, may remain in the peaceable enjoyment of +<span class="pagenum"><a name="Page_204" id="Page_204">204</a></span> +all civil rights, and in pursuit of their occupations, +unless they shall within seven years from the date +hereof, receive notice from Congress or the State to +which any such place may appertain, to remove, and +that upon any such notice of removal a term of two +years shall be allowed for selling or withdrawing their +effects and for settling their affairs.</p> + +<h3>ARTICLE XVII.</h3> + +<p>It is further agreed, that his Britannic Majesty's +forces, not exceeding —— in number, +may continue in the posts now occupied by them, +contiguous to the water line, until Congress shall give +them notice to evacuate the said posts, and American +garrisons shall arrive at said posts for the purpose of +securing the lives, property, and peace of any persons +settled in that country, against the invasion or ravages +of the neighboring Indian nations, who may be suspected +of retaining resentments in consequence of the +late war.</p> + +<h3>ARTICLE XVIII.</h3> + +<p>It is further agreed, that his Britannic Majesty shall +cause to be evacuated the ports of New York, Penobscot +and their dependencies, with all other posts and +places in possession of his Majesty's arms within the +United States, in three months after the signing of this +treaty, or sooner if possible, excepting those posts +contiguous to the water line abovementioned, which +are to be evacuated on notice as specified in Article +XVII.</p> + +<h3>ARTICLE XIX.</h3> + +<p>It is agreed that all vessels, which shall have been +<span class="pagenum"><a name="Page_205" id="Page_205">205</a></span> +taken by either party from the other, after the term of +twelve days within the Channel or the North Seas, or +after the term of one month anywhere to the northward +of the latitude of the Canaries inclusively, or +after the term of two months between the latitude of +the Canaries and the Equinoctial line, or after the +term of five months in any other part of the world +(all which said terms are to be computed from the third +day of February last,) shall be restored.</p> + +<p>His said Britannic Majesty and the said United +States promise to observe sincerely and <i>bona fide</i>, all +the Articles contained and settled in the present +treaty; and they will not suffer the same to be infringed, +directly or indirectly, by their respective subjects +and citizens.</p> + +<p>The solemn ratifications of the present treaty, expedited +in good and due form, shall be exchanged in the +city of London, or Philadelphia, between the contracting +parties in the space of —— months, or sooner +if possible, to be computed from the day of the signature +of the present treaty.</p> + +<p>In witness whereof, we, the underwritten, their +Ministers Plenipotentiary, have signed with our hands, +in their name, and in virtue of our full powers, the +present definitive treaty, and have caused the seal of +our arms to be put thereto.</p> + +<p> +Done at —— the —— day of +—— 1783.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_206" id="Page_206">206</a></span></p> + +<h3>RATIFICATION OF THE PROVISIONAL ARTICLES BY GREAT +BRITAIN.</h3> + +<p class="letter_open"> +George R.</p> + +<p>George the Third, by the Grace of God, King of Great +Britain, France and Ireland, Defender of the Faith, Duke +of Brunswick and Lunenburg, Arch Treasurer, and Prince +Elector of the Holy Roman Empire, &c.</p> + +<p>Whereas Provisional Articles between us and our good +friends, the United States of America, viz. New Hampshire, +Massachusetts Bay, Rhode Island and Providence +Plantations, Connecticut, New York, New Jersey, Pennsylvania, +Delaware, Maryland, Virginia, North Carolina, +South Carolina, and Georgia, were concluded and signed +at Paris, on the thirtieth day of November, one thousand +seven hundred and eightytwo, by the Commissioners of us +and our said good friends, duly and respectively authorised +for that purpose; which Provisional Articles are in the +form and words following; [Here follows the treaty. See +pages <a href="#Page_109">109</a> to <a href="#Page_115">115</a>.]</p> + +<p>We having seen and considered the Provisional Articles +aforesaid, have approved, ratified, accepted, and confirmed +the same in all and every one of their clauses, and provisos, +as we do by these presents, approve, ratify, accept, +and confirm them, for ourself, our heirs, and successors; +engaging and promising upon our royal word, that we will +sincerely and faithfully perform and observe, all and singular +the things which are contained in the aforesaid Provisional +Articles, and that we will never suffer them to be +violated by any one, or transgressed in any manner, as far +as it lies in our power. For the greater testimony and +<span class="pagenum"><a name="Page_207" id="Page_207">207</a></span> +validity of all which, we have caused our great seal of +Great Britain to be affixed to these presents, which we +have signed with our royal hand.</p> + +<p> +Given at our Court at St James, the sixth day of August, +one thousand seven hundred and eightythree, in the +twentythird year of our reign.</p> + +<p class="signed">GEORGE R. +</p> + +<div class="thought_break"></div> + +<p><i>An Act of the British Parliament, repealing certain +Acts prohibiting Intercourse with the United States.</i></p> + +<p>An Act to repeal so much of two Acts, made in the sixteenth +and seventeenth years of the reign of his present +Majesty, as prohibits trade and intercourse with the United +States of America.</p> + +<p>Whereas it is highly expedient, that the intercourse +between Great Britain and the United States of America +should be immediately opened; be it therefore enacted +and declared by the King's Most Excellent Majesty, by +and with the advice and consent of the Lords Spiritual and +Temporal and Commons, in the present Parliament assembled, +and by the authority of the same, that an Act passed +in the sixteenth year of his Majesty's reign, entitled, "An +Act to prohibit all trade and intercourse with the Colonies +of New Hampshire, Massachusetts Bay, Rhode Island, +Connecticut, New York, New Jersey, Pennsylvania, the +three lower counties on Delaware, Maryland, Virginia, +North Carolina, South Carolina and Georgia, during the +continuance of the present rebellion within the said Colonies +respectively, for repealing an Act made in the fourteenth +year of the reign of his present Majesty, to discontinue +the lading and discharging, lading or shipping, of goods, +<span class="pagenum"><a name="Page_208" id="Page_208">208</a></span> +wares, and merchandise, at the town and within the harbor +of Boston in the province of Massachusetts Bay; and +also two Acts, made in the last session of Parliament, for +restraining the trade and commerce of the Colonies in the +said Acts respectively mentioned; and to enable any person +or persons, appointed and authorised by his Majesty +to grant pardons, to issue proclamations, in the cases and +for the purposes therein mentioned;" and also an Act, +passed in the seventeenth year of his Majesty's reign, +entitled, "An Act for enabling the Commissioners for executing +the office of Lord High Admiral of Great Britain, +to grant commissions to the commanders of private ships, +and vessels employed in trade, or retained in his Majesty's +service, to take and make prize of all such ships and vessels, +and their cargoes, as are therein mentioned, for a +limited time;" so far as the said Acts, or either of them, +may extend, or be construed to extend, to prohibit trade +and intercourse with the territories now composing the +said United States of America, or to authorise any hostilities +against the persons or properties of the subjects and +citizens of the said United States, after the respective periods +set forth in his Majesty's proclamation for the cessation +of hostilities between Great Britain and the United +States of America, bearing date the fourteenth day of February, +one thousand seven hundred and eightythree, shall +be, and the same are henceforth repealed.</p> + +<p>Anno vicesimo tertio Georgii III, Regis; cap. 26.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_209" id="Page_209">209</a></span></p> + +<h3>DAVID HARTLEY TO THE COMMISSIONERS.</h3> + +<p class="letter_head">Paris, August, 29th, 1783.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>As the day is now fixed for the signatures of the definitive +treaties, between Great Britain, France, and Spain, +I beg leave to inform your Excellencies, that I am ready +to sign the definitive treaty, between Great Britain and +the United States of America, whenever it shall be convenient +to you. I beg the favor, therefore, of you to fix +the day. My instructions confine me to Paris, as the +place appointed to me for the exercise of my functions, +and, therefore, whatever day you may fix upon for the +signature, I shall hope to receive the honor of your company +at the <i>Hôtel de York</i>.</p> + +<p class="indent1"> +I am, Gentlemen, with the greatest respect, yours, &c.</p> + +<p class="signed">DAVID HARTLEY.</p> + +<div class="thought_break"></div> + +<h3>TO DAVID HARTLEY.</h3> + +<p class="letter_head">Passy, August 30th, 1783.</p> + +<p>The American Ministers Plenipotentiary for making +peace with Great Britain, present their compliments to +Mr Hartley. They regret that Mr Hartley's instructions +will not permit him to sign the definitive treaty of peace +with America at the place appointed for the signature of +the others. They will, nevertheless, have the honor of +waiting upon Mr Hartley at his lodgings at Paris, for the +purpose of signing the treaty in question, on Wednesday +morning at eight o'clock.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_210" id="Page_210">210</a></span></p> + +<h3>DAVID HARTLEY TO THE COMMISSIONERS.</h3> + +<p class="letter_head">Paris, September 4th, 1783.</p> + +<p class="letter_open">Gentlemen,</p> + +<p>It is with the sincerest pleasure that I congratulate +you on the happy event which took place yesterday, +viz.; the signature of the definitive treaty between our +two countries. I considered it as the auspicious presage +of returning confidence, and of the future intercourse +of all good offices between us. I doubt not +that our two countries will entertain the same sentiments, +and that they will behold with satisfaction the +period which terminates the memory of their late unhappy +dissensions, and which leads to the renewal of +all the ancient ties of amity and peace. I can assure +you, that his Britannic Majesty and his confidential +servants entertain the strongest desire of a cordial good +understanding with the United States of America. +And that nothing may be wanting on our parts to perfect +the great work of pacification, I shall propose to +you in a very short time, to renew the discussion of +those points of amity and intercourse which have been +lately suspended, to make way for the signature of the +treaties between all the late belligerent powers, which +took place yesterday.</p> + +<p>We have now the fairest prospects before us, and an +unembarrassed field for the exercise of every beneficent +disposition, and for the accomplishment of every +object of reciprocal advantage between us. Let us, +then, join our hearts and hands together in one common +<span class="pagenum"><a name="Page_211" id="Page_211">211</a></span> +cause for the reunion of all our ancient affections +and common interests.<a name="FNanchor_16" id="FNanchor_16" href="#Footnote_16" class="fnanchor">[16]</a></p> + +<p class="indent1"> +I am, Gentlemen, &c.</p> + +<p class="signed">DAVID HARTLEY.</p> +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_16" id="Footnote_16" href="#FNanchor_16"><span class="label">[16]</span></a> As the definitive treaty was an exact copy of the Provisional +Articles (see above, p. <a href="#Page_109">109</a>) it is here omitted.</p></div></div> + +<div class="thought_break"></div> + +<h3>B. FRANKLIN TO CHARLES FOX.</h3> + +<p class="letter_head">Passy, September 5th, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>I received in its time the letter you did me the +honor of writing to me by Mr Hartley; and I cannot +let him depart without expressing my satisfaction in +his conduct towards us, and applauding the prudence +of that choice, which sent us a man possessed of such +a spirit of conciliation, and of all that frankness, sincerity, +and candor, which naturally produce confidence, +and thereby facilitate the most difficult negotiations. +Our countries are now happily at peace, on +which I congratulate you most cordially; and I beg +you to be assured, that as long as I have any concern +in public affairs, I shall readily and heartily concur +with you in promoting every measure that may tend +to promote the common felicity.</p> + +<p> +With great and sincere esteem and respect, I have +the honor to be, &c.</p> + +<p class="signed">B. FRANKLIN.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_212" id="Page_212">212</a></span></p> + +<h3>TO DAVID HARTLEY.</h3> + +<p class="letter_head">Passy, September 5th, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>We have received the letter you did us the honor +to write yesterday.</p> + +<p>Your friendly congratulations on the signature of +the definitive treaty meet with cordial returns on our +part; and we sincerely rejoice with you on that event, +by which the Ruler of nations has been graciously +pleased to give peace to our two countries.</p> + +<p>We are no less ready to join our endeavors than +our wishes with yours, to concert such measures for +regulating the future intercourse between Great Britain +and the United States, as, by being consistent with +the honor and interests of both, may tend to increase +and perpetuate mutual confidence and good will.</p> + +<p>We ought, nevertheless, to apprize you, that as no +construction of our commission could at any period +extend it, unless by implication, to several of the proposed +stipulations; and as our instructions respecting +commercial provisions, however explicit, suppose +their being incorporated in the definitive treaty, a recurrence +to Congress previous to the signature of them +will be necessary, unless obviated by the despatches +we may sooner receive from them.</p> + +<p>We shall immediately write to them on the subject, +and we are persuaded that the same disposition to confidence +and friendship, which has induced them already +to give unrestrained course to British commerce +and unconditionally to liberate all prisoners at a time +when more caution would not have appeared singular, +will also urge their attention to the objects in question, +<span class="pagenum"><a name="Page_213" id="Page_213">213</a></span> +and lead them to every proper measure for promoting +a liberal and satisfactory intercourse between the two +countries.</p> + +<p>We have communicated to Congress the repeated +friendly assurances with which you have officially +honored us on these subjects, and we are persuaded +that the period of their being realized will have an +auspicious and conciliating influence on all the parties +in the late unhappy dissensions.</p> + +<p class="indent1">We have the honor to be, &c.</p> + +<p class="signed">JOHN ADAMS,<br /> +B. FRANKLIN,<br /> +JOHN JAY.</p> + +<div class="thought_break"></div> + +<h3>TO DAVID HARTLEY.</h3> + +<p class="letter_head">Passy, September 7th, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>We have the honor of transmitting, herewith enclosed +an extract of a resolution of Congress of the 1st +of May last, which we have just received.</p> + +<p>You will perceive from it, that we may daily expect +a commission in due form, for the purposes mentioned +in it; and we assure you of our readiness to enter +upon the business whenever you may think proper.<a name="FNanchor_17" id="FNanchor_17" href="#Footnote_17" class="fnanchor">[17]</a></p> + +<p> +We have the honor to be, &c.</p> + +<p class="signed">JOHN ADAMS,<br /> +B. FRANKLIN,<br /> +JOHN JAY.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_17" id="Footnote_17" href="#FNanchor_17"><span class="label">[17]</span></a> <i>In Congress, May 1st, 1783.</i> On the report of a committee to +whom was referred a letter of February 5th, from the honorable John +Adams,</p> + +<p>"Ordered, That a commission be prepared to Messrs John Adams, +Benjamin Franklin and John Jay, authorising them, or either of +them in the absence of the others, to enter into a treaty of commerce +between the United States of America and Great Britain, subject to +the revisal of the contracting parties, previous to its final conclusion, +and in the meantime to enter into a commercial convention, to continue +in force one year.</p> + +<p>"That the Secretary of Foreign Affairs lay before Congress, without +delay, a plan of a treaty of commerce, and instructions relative to +the same, to be transmitted to the said commissioners."</p></div></div> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_214" id="Page_214">214</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="letter_head">Passy, September 10th, 1783.</p> + +<p class="letter_open">Sir,</p> + +<p>On the 3d instant definitive treaties of peace were concluded +between all the late belligerent powers, except the +Dutch, who the day before settled and signed preliminary +articles of peace with Britain.</p> + +<p>We most sincerely and cordially congratulate Congress +and our country in general on this happy event; and we +hope, that the same kind providence, which has led us +through a rigorous war to an honorable peace, will enable +us to make a wise and moderate use of that inestimable +blessing.</p> + +<p>We have communicated a duplicate original of the +treaty to the care of Mr Thaxter, who will go immediately +to L'Orient, whence he will sail in the French packet to +New York. That gentleman left America with Mr Adams +as his private Secretary, and his conduct having been perfectly +satisfactory to that Minister, we join in recommending +him to the attention of Congress. We have ordered +Mr Grand to pay him one hundred and thirty louis d'ors, +on account of the reasonable expenses to be incurred by +<span class="pagenum"><a name="Page_215" id="Page_215">215</a></span> +his mission to Congress, and his journey from thence to his +family at Hingham, in the Massachusetts Bay. For the +disposition of the money he is to account. The definitive +treaty being in the terms of the Provisional Articles, +and not comprehending any of the objects of our subsequent +negotiations, it is proper that we give a summary +account of them.</p> + +<p>When Mr Hartley arrived here, he brought with him +only a set of instructions, signed by the King. We objected +to proceeding with him until he should have a commission +in form. This occasioned some delay. A proper +commission was, however, transmitted to him, a copy of +which was shortly after sent to Mr Livingston.</p> + +<p>We having been instructed to obtain, if possible, an Article +for a direct trade to the West Indies, made to Mr +Hartley the proposition No. 1.<a name="FNanchor_18" id="FNanchor_18" href="#Footnote_18" class="fnanchor">[18]</a></p> + +<p>He approved of it greatly, and recommended it to his +Court, but they declined assenting to it.</p> + +<p>Mr Hartley then made us the proposition No. 2;<a name="FNanchor_19" id="FNanchor_19" href="#Footnote_19" class="fnanchor">[19]</a> but +being asked, whether he was authorised to sign it, in case +we agreed to it, he answered in the negative. We, therefore, +thought it improper to proceed to the consideration of +it, until after he should have obtained the consent of his +Court to it. We also desired to be informed, whether his +Court would, or would not, comprehend Ireland in their +stipulations with us.</p> + +<p>The British Cabinet would not adopt Mr Hartley's +propositions, but their letters to him were calculated to inspire +us with expectations, that as nothing but particular +<span class="pagenum"><a name="Page_216" id="Page_216">216</a></span> +local circumstances, which would probably not be of long +duration, restrained them from preferring the most liberal +system of commerce with us, the Ministry would take the +earliest opportunity of gratifying their own wishes, as well +as ours, on that subject.</p> + +<p>Mr Hartley then made us the propositions No. 3.<a name="FNanchor_20" id="FNanchor_20" href="#Footnote_20" class="fnanchor">[20]</a> At +this time, we were informed, that letters for us had arrived +in France from Philadelphia; we expected to receive +instructions in them, and told Mr Hartley, that this expectation +induced us to postpone giving him an answer for a +few days.</p> + +<p>The vessel by which we expected these letters, it seems +had not brought any for us. But at that time information +arrived from America, that our ports were all opened to +British vessels. Mr Hartley thereupon did not think himself +at liberty to proceed, until after he should communicate +that intelligence to his Court and receive their further +instructions.</p> + +<p>Those further instructions never came; and thus our +endeavors as to commercial regulations proved fruitless. +We had many conferences, and received long Memorials +from Mr Hartley on the subject; but his zeal for systems +friendly to us, constantly exceeded his authority to concert +and agree to them.</p> + +<p>During the long interval of his expecting instructions, +for his expectations were permitted to exist almost to the +last, we proceeded to make and receive propositions for +perfecting the definitive treaty. Details of all the amendments, +alterations, objections, expectations, &c. which occurred +in the course of these discussions, would be voluminous. +We finally agreed that he should send to his +<span class="pagenum"><a name="Page_217" id="Page_217">217</a></span> +Court the project or draft of a treaty, No. 4.<a name="FNanchor_21" id="FNanchor_21" href="#Footnote_21" class="fnanchor">[21]</a> He did +so, but after much time, and when pressed by France, +who insisted that we should all conclude together, he was +instructed to sign a definitive treaty in the terms of the +Provisional Articles.</p> + +<p>Whether the British Court meant to avoid a definitive +treaty with us, through a vain hope, from the exaggerated +accounts of divisions among our people, and want of authority +in Congress, that some revolution might soon happen +in their favor; or whether their dilatory conduct was +caused by the strife of the two opposite and nearly equal +parties in the Cabinet, is hard to decide.</p> + +<p>Your Excellency will observe, that the treaty was signed +at Paris, and not at Versailles. Mr Hartley's letter of +August 29th, and our answer, will explain this. His objections, +and indeed our proceedings in general, were communicated +to the French Minister, who was content that +we should acquiesce, but desired that we would appoint +the signing early in the morning, and give him an account +of it at Versailles by express, for that he would not proceed +to sign on the part of France, till he was sure that +our business was done.</p> + +<p>The day after the signature of the treaty, Mr Hartley +wrote us a congratulatory letter, to which we replied.</p> + +<p>He has gone to England, and expects soon to return, +which for our parts we think uncertain. We have taken +care to speak to him in strong terms, on the subject of +the evacuation of New York, and the other important +subjects proper to be mentioned to him. We think +we may rely on his doing everything in his power to influence +his Court to do what they ought to do; but it does +<span class="pagenum"><a name="Page_218" id="Page_218">218</a></span> +not appear, that they have as yet formed any settled system +for their conduct relative to the United States. We +cannot but think, that the late and present aspect of affairs +in America, has had and continues to have, an unfavorable +influence, not only in Britain but throughout Europe.</p> + +<p>In whatever light the Article respecting the tories may +be viewed in America, it is considered in Europe as very +humiliating to Britain, and therefore as being one, which +we ought in honor to perform and fulfil with the most scrupulous +regard to good faith, and in a manner least offensive +to the feelings of the King and Court of Great Britain, +who upon that point are extremely tender.</p> + +<p>The unseasonable and unnecessary resolves of various +towns on this subject, the actual expulsion of tories +from some places, and the avowed implacability of almost +all who have published their sentiments about the matter, +are circumstances, which are construed, not only to the +prejudice of our national magnanimity and good faith, but +also to the prejudice of our governments.</p> + +<p>Popular committees are considered here, as with us, in +the light of substitutes to constitutional government, and as +being only necessary in the interval between the removal +of the former and the establishment of the present.</p> + +<p>The constitutions of the different States have been translated +and published, and pains have been taken to lead +Europe to believe, that the American States, not only +made their own laws, but obeyed them. But the continuance +of popular assemblies, convened expressly to deliberate +on matters proper only for the cognizance of the different +legislatures and officers of government, and their +proceeding not only to ordain, but to enforce their resolutions, +has exceedingly lessened the dignity of the States in +the eyes of these nations. +<span class="pagenum"><a name="Page_219" id="Page_219">219</a></span></p> + +<p>To this we may also add, that the situation of the army, +the reluctance of the people to pay taxes, and the circumstances +under which Congress removed from Philadelphia, +have diminished the admiration, in which the people of +America were held among the nations of Europe, and +somewhat abated their ardor for forming connexions with +us, before our affairs acquire a greater degree of order +and consistence.</p> + +<p>Permit us to observe, that in our opinion, the recommendation +of Congress, promised in the fifth Article, should +immediately be made in the terms of it, and published, +and that the States should be requested to take it into consideration, +as soon as the evacuation by the enemy shall +be completed. It is also much to be wished, that the +legislatures may not involve all the tories in banishment +and ruin, but that such discrimination may be made, as to +entitle the decisions to the approbation of disinterested men +and dispassionate posterity.</p> + +<p>On the 7th instant we received your Excellency's letter +of the 16th of June last, covering a resolution of Congress +of the 1st of May, directing a commission to us for making +a treaty of commerce, &c. with Great Britain. This intelligence +arrived very opportunely to prevent the anti-American +party in England from ascribing any delays, on +our part, to motives of resentment to that country. Great +Britain will send a Minister to Congress, as soon as Congress +shall send a Minister to Britain, and we think much +good might result from that measure.</p> + +<p>The information of M. Dumas, that we encouraged the +idea of entering into engagements with the Dutch, to defend +the freedom of trade, was not well founded. Our +sentiments on that subject exactly correspond with those of +<span class="pagenum"><a name="Page_220" id="Page_220">220</a></span> +Congress; nor did we even think or pretend, that we had +authority to adopt any such measures.</p> + +<p>We have reason to think that the Emperor, and Russia, +and other commercial nations, are ready to make treaties of +commerce with the United States. Perhaps it might not +be improper for Congress to direct, that their disposition +on the subject be communicated to those Courts, and +thereby prepare the way for such treaties.</p> + +<p>The Emperor of Morocco has manifested a very friendly +disposition towards us. He expects, and is ready to receive +a Minister from us; and as he may either change +his mind, or may be succeeded by a prince differently disposed, +a treaty with him may be of importance. Our trade +to the Mediterranean will not be inconsiderable, and the +friendship of Morocco, Algiers, Tunis, and Tripoli may become +very interesting, in case the Russians should succeed +in their endeavors to navigate freely into it by Constantinople.</p> + +<p>Much, we think, will depend on the success of our negotiations +with England. If she should be prevailed upon +to agree to a liberal system of commerce, France, and +perhaps some other nations, will follow her example; but +if she should prefer an exclusive, monopolizing plan, it is +probable that her neighbors will continue to adhere to their +favorite restrictions.</p> + +<p>Were it certain that the United States could be brought +to act as a nation, and would jointly and fairly conduct +their commerce on principles of exact reciprocity with all +nations, we think it probable that Britain would make extensive +concessions. But, on the contrary, while the prospect +of disunion in our councils, or want of power and energy +in our executive departments exist, they will not be +<span class="pagenum"><a name="Page_221" id="Page_221">221</a></span> +apprehensive of retaliation, and consequently lose their +principal motive to liberty. Unless, with respect to all +foreign nations and transactions, we uniformly act as an +entire united nation, faithfully executing and obeying the +constitutional acts of Congress on those subjects, we shall +soon find ourselves in the situation in which all Europe +wishes to see us, viz. as unimportant consumers of +her manufactures and productions, and as useful laborers +to furnish her with raw materials.</p> + +<p>We beg leave to assure Congress that we shall apply +our best endeavors to execute this new commission to their +satisfaction, and shall punctually obey such instructions as +they may be pleased to give us relative to it. Unless Congress +have nominated a Secretary to that commission, we +shall consider ourselves at liberty to appoint one; and as +we are satisfied with the conduct of Mr Franklin, the Secretary +to our late commission, we propose to appoint him, +leaving it to Congress to make such compensation for his +services as they may judge proper.</p> + +<p>Count de Vergennes communicated to us a proposition, +viz. herewith enclosed,<a name="FNanchor_22" id="FNanchor_22" href="#Footnote_22" class="fnanchor">[22]</a> for explaining the 2d and 3d Articles +of our treaty with France in a manner different from +the sense in which we understand them. This being a +matter in which we have no right to interfere, we have not +expressed any opinion about it to the Court.</p> + +<p> +With great respect, we have the honor to be, Sir, your +Excellency's most obedient and most humble servants,</p> + +<p class="signed">JOHN ADAMS,<br /> +B. FRANKLIN,<br /> +JOHN JAY.</p> + +<div class="footnotes"><h4>FOOTNOTES:</h4> + +<div class="footnote"><p><a name="Footnote_18" id="Footnote_18" href="#FNanchor_18"><span class="label">[18]</span></a> See Mr Adams's proposed agreement, above, p. <a href="#Page_151">151</a>.</p></div> + +<div class="footnote"><p><a name="Footnote_19" id="Footnote_19" href="#FNanchor_19"><span class="label">[19]</span></a> See Mr Hartley's proposed agreement, p. <a href="#Page_154">154</a>.</p></div> + +<div class="footnote"><p><a name="Footnote_20" id="Footnote_20" href="#FNanchor_20"><span class="label">[20]</span></a> Above, p. <a href="#Page_182">182</a>.</p></div> + +<div class="footnote"><p><a name="Footnote_21" id="Footnote_21" href="#FNanchor_21"><span class="label">[21]</span></a> See above, p. <a href="#Page_195">195</a>.</p></div> + +<div class="footnote"><p><a name="Footnote_22" id="Footnote_22" href="#FNanchor_22"><span class="label">[22]</span></a> See above, p. <a href="#Page_146">146</a>.</p></div></div> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_222" id="Page_222">222</a></span></p> + +<h3>FROM CONGRESS TO THE COMMISSIONERS.</h3> + +<p class="letter_head">October 29th, 1783.</p> + +<p class="letter_open">By the United States in Congress assembled.</p> + +<div class="blockquot"><p> +To the Commissioners of the United States of America +at the Court of Versailles, empowered to negotiate +a peace, or to any one or more of them; +</p></div> + +<p>1st. You are instructed and authorised to announce to +his Imperial Majesty the Emperor of Germany, or to his +Ministers, the high sense which the United States in Congress +assembled entertain of his exalted character and eminent +virtues, and their earnest desire to cultivate his friendship, +and to enter into a treaty of amity and commerce for +the mutual advantage of the subjects of his Imperial Majesty, +and the citizens of these United States.</p> + +<p>2dly. You are instructed to meet the advances and +encourage the disposition of the other commercial powers +in Europe for entering into treaties of amity and commerce +with these United States. In negotiations on this subject, +you will lay it down as a principle in no case to be deviated +from, that they shall respectively have for their basis +the mutual advantage of the contracting parties on terms of +the most perfect equality and reciprocity, and not to be +repugnant to any of the treaties already entered into by the +United States with France and other foreign powers. +That such treaties shall, in the first instance, be proposed +for a term not exceeding fifteen years, and shall not be +finally conclusive until they shall respectively have been +transmitted to the United States in Congress assembled, +for their examination and final direction; and that, with the +drafts or propositions for such treaties, shall be transmitted +<span class="pagenum"><a name="Page_223" id="Page_223">223</a></span> +all the information which shall come within the knowledge +of the said Ministers respecting the same; and their observations +after the most mature inquiry on the probable advantages +or disadvantages and effects of such treaties +respectively.</p> + +<p>3dly. You are instructed to continue to press upon the +Ministers of his Danish Majesty the justice of causing satisfaction +to be made for the value of the ships and goods +captured by the Alliance frigate and sent into Bergen, and +how essentially it concerns the honor of the United States +that their gallant citizens should not be deprived of any +part of those prizes, which they had so justly acquired by +their valor. That as far as Congress have been informed, +the estimate of those prizes at fifty thousand pounds +sterling is not immoderate; that no more however is desired +than their true value, after every deduction which +shall be thought equitable. That Congress have a sincere +disposition to cultivate the friendship of his Danish Majesty, +and to promote a commercial intercourse between his subjects +and the citizens of the United States, on terms which +shall promise mutual advantage to both nations. That it +is therefore the wish of Congress, that this claim should +still be referred to the equitable disposition of his Danish +Majesty, in full confidence that the reasonable expectations +of the parties interested will be fully answered; accordingly +you are fully authorised and directed, after +exerting your best endeavors to enforce the said claim to +the extent it shall appear to you to be well founded, to +make abatements if necessary, and ultimately to accept +such compensation as his Danish Majesty can be prevailed +upon to grant.</p> + +<p>4thly. You are further instructed, to inquire and report +<span class="pagenum"><a name="Page_224" id="Page_224">224</a></span> +to Congress the reasons why the expedition of the +Alliance and Bon Homme Richard, and the squadron +which accompanied them, was carried on at the expense +and on account of the Court of France; whether any part +of the profit arising therefrom accrued to the United +States; or any of the expense thereof has been placed +to their account; whether the proceeds of any of the +prizes taken in that expedition, and which is due to the +American officers and seamen employed therein, is deposited +in Europe; and what amount, where, and in whose +hands.</p> + +<p>5thly. The acquisition of support to the independence +of the United States having been the primary object of the +instructions to our Ministers respecting the convention of +the neutral maritime powers for maintaining the freedom of +commerce, you will observe, that the necessity of such +support is superseded by the treaties lately entered into for +restoring peace. And although Congress approve of the +principles of that convention, as it was founded on the +liberal basis of the maintenance of the rights of neutral +nations, and of the privileges of commerce, yet they are +unwilling at this juncture, to become a party to a confederacy +which may hereafter too far complicate the interests +of the United States with the politics of Europe; and, +therefore, if such a progress is not already made in this +business as may render it dishonorable to recede, it is the +desire of Congress and their instruction to each of the +Ministers of the United States at the respective Courts in +Europe, that no further measures be taken at present +towards the admission of the United States into that confederacy.</p> + +<p>6thly. The Ministers of these States for negotiating a +<span class="pagenum"><a name="Page_225" id="Page_225">225</a></span> +peace with Great Britain are hereby instructed, authorised +and directed, to urge forward the definitive treaty to a +speedy conclusion; and unless there shall be an immediate +prospect of obtaining articles or explanations beneficial to +the United States, in addition to the Provisional Articles, +that they shall agree to adopt the Provisional Articles as +the substance of a definitive treaty of peace.</p> + +<p>7thly. The Minister or Ministers of these United +States for negotiating a peace are hereby instructed to negotiate +an explanation of the following paragraph of the +declaration acceded to by them on the 20th of January, +1783, relative to captures, viz. "that the term should be +one month from the Channel and North Sea as far as the +Canary Islands, inclusively, whether in the ocean or the +Mediterranean."</p> + +<p>8thly. Mr Jay is hereby authorised to direct Mr Carmichael +to repair to Paris, should Mr Jay be of opinion +that the interest of the United States at the Court of +Madrid may not be injured by Mr Carmichael's absence; +and that Mr Carmichael carry with him the books and +vouchers necessary to make a final and complete settlement +of the accounts of public moneys which have passed +through the hands of Mr Jay and himself; and that Mr +Barclay attend Mr Jay and Mr Carmichael to adjust those +accounts.</p> + +<p>9thly. Mr Jay has leave to go to Bath, should he find +it necessary for the benefit of his health.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_226" id="Page_226">226</a></span></p> + +<h3>RATIFICATION OF THE DEFINITIVE TREATY BY CONGRESS.</h3> + +<p>Know ye, that we, the United States in Congress assembled, +having seen and considered the Definitive Articles +aforesaid, (meaning the treaty signed by the Commissioners +in Paris, on the 30th of November, 1782,) have approved, +ratified, and confirmed, and by these presents do +approve, ratify, and confirm the said Articles, and every +part and clause thereof, engaging and promising, that we +will sincerely and faithfully perform and observe the same, +and never suffer them to be violated by any one, or transgressed +in any manner, as far as lies in our power.</p> + +<p>In testimony whereof, we have caused the seal of the +United States to be hereunto affixed. Witness, his Excellency +<span class="smcap">Thomas Mifflin</span>, President, this fourteenth day of +January, in the year of our Lord, one thousand seven +hundred and eighty four, and in the eighth year of the +sovereignty and independence of the United States of +America.</p> + +<div class="thought_break"></div> + +<h3>PROCLAMATION OF CONGRESS RESPECTING THE DEFINITIVE +TREATY.</h3> + +<p class="letter_open">By the United States in Congress assembled,</p> + +<p class="translation">A PROCLAMATION.</p> + +<p>Whereas Definitive Articles of peace and friendship between +the United States of America and his Britannic +Majesty, were concluded and signed at Paris, on the third +day of September, one thousand seven hundred and eightythree, +by the Plenipotentiaries of the said United States +<span class="pagenum"><a name="Page_227" id="Page_227">227</a></span> +and of his said Britannic Majesty, duly and respectively +authorised for that purpose; which Definitive Articles are +in the words following; [Here follows the treaty.]</p> + +<p>And we, the United States in Congress assembled, having +seen and duly considered the Definitive Articles aforesaid, +did, by a certain act under the seal of the United +States, bearing date this 14th day of January, 1784, approve, +ratify, and confirm the same, and every part and +clause thereof, engaging and promising, that we would +sincerely and faithfully perform and observe the same, and +never suffer them to be violated by any one, or transgressed +in any manner, as far as should be in our power; and +being sincerely disposed to carry the said Articles into execution, +truly, honestly, and with good faith, according to +the intent and meaning thereof, we have thought proper +by these presents, to notify the premises to all the good +citizens of the United States, hereby requiring and enjoining +all bodies of magistracy, legislative, executive, and judiciary, +all persons bearing office, civil or military, of +whatever rank, degree, and powers, and all others the +good citizens of these States, of every vocation and condition, +that reverencing those stipulations entered into on +their behalf, under the authority of that federal bond, by +which their existence as an independent people is bound +up together, and is known and acknowledged by the nations +of the world, and with that good faith, which is every +man's surest guide, within their several offices, jurisdictions, +and vocations, they carry into effect the said Definitive +Articles, and every clause and sentence thereof, sincerely, +strictly, and completely.</p> + +<p>Given under the seal of the United States. Witness, his +Excellency Thomas Mifflin, our President, at Annapolis, +<span class="pagenum"><a name="Page_228" id="Page_228">228</a></span> +this fourteenth day of January, in the year of our Lord, +one thousand seven hundred and eightyfour, and of the +sovereignty and independence of the United States of +America, the eighth.</p> + +<div class="thought_break"></div> + +<p>Resolved, unanimously, nine States being present, that +it be, and it is hereby earnestly recommended to the legislatures +of the respective States, to provide for the restitution +of all estates, rights, and properties, which have been +confiscated, belonging to real British subjects; and also of +the estates, rights, and properties of persons resident in +districts, which were in the possession of his Britannic +Majesty's arms, at any time between the thirtieth day of +November, 1782, and the 14th day of January, 1784, and +who have not borne arms against the said United States; +and that persons of any other description shall have free +liberty to go to any part or parts of any of the Thirteen +United States, and therein to remain twelve months unmolested +in their endeavors to obtain the restitution of such of +their estates, rights, and properties, as may have been confiscated; +and it is also hereby earnestly recommended to +the several States, to reconsider and revise all their acts or +laws regarding the premises, so as to render the said laws +or acts perfectly consistent, not only with justice and +equity, but with that spirit of conciliation, which, on the +return of the blessings of peace, should universally prevail; +and it is hereby also earnestly recommended to the several +States, that the estates, rights, and properties of such last +mentioned persons should be restored to them, they refunding +to any persons who may be now in possession, the <i>bona +fide</i> price, (where any has been given) which such persons +may have paid on purchasing any of the said lands, rights, +or properties since the confiscation. +<span class="pagenum"><a name="Page_229" id="Page_229">229</a></span></p> + +<p>Ordered, That a copy of the Proclamation of this date, +together with the recommendation, be transmitted to the +several States by the Secretary.</p> + +<div class="thought_break"></div> + +<h3>RATIFICATION OF THE DEFINITIVE TREATY BY GREAT +BRITAIN.</h3> + +<p>George the Third, by the Grace of God, King of Great +Britain, France, and Ireland, Defender of the Faith, +Duke of Brunswick and Lunenburg, Arch Treasurer, and +Prince Elector of the Holy Roman Empire, &c. To all +to whom these presents shall come, Greeting.</p> + +<p>Whereas a definitive treaty of peace and friendship, between +us and our good friends, the United Stales of America, +viz. New Hampshire, Massachusetts Bay, Rhode Island +and Providence Plantations, Connecticut, New York, New +Jersey, Pennsylvania, Delaware, Maryland, Virginia, +North Carolina, South Carolina, and Georgia, was concluded +and signed at Paris, the 3d day of September last, +by the Plenipotentiaries of us, and our said good friends, +duly and respectively authorised for that purpose, which +definitive treaty is in the form and words following; [Here +follows the treaty.]</p> + +<p>We, having seen and considered the definitive treaty +aforesaid, have approved, ratified, accepted, and confirmed +it, in all and every one of its Articles and clauses, as we +do by these presents, for ourself, our heirs and successors, +approve, ratify, accept, and confirm the same, engaging +and promising, upon our royal word, that we will sincerely +and faithfully perform and observe all and singular the +things which are contained in the aforesaid treaty, and that +<span class="pagenum"><a name="Page_230" id="Page_230">230</a></span> +we will never suffer it to be violated by any one, or transgressed +in any manner, as far as it lies in our power. For +the greater testimony and validity of all which, we have +caused our great seal of Great Britain to be affixed to +these presents, which we have signed with our royal hand.</p> + +<p>Given at the Court of St James, the ninth day of April, +one thousand seven hundred and eightyfour, in the twentyfourth +year of our reign.</p> + +<p class="signed"> +GEORGE R.</p> + +<div class="section_break"></div> +<div class="section_head"> +<h2><span class="the">THE</span> +<span class="correspondence">CORRESPONDENCE</span> +<span class="of">OF</span> +<span class="name">CONRAD ALEXANDER GERARD;</span> +<span class="sub_name">MINISTER PLENIPOTENTIARY FROM THE COURT OF +FRANCE TO THE UNITED STATES.</span></h2></div> +<div class="section_break"></div> + +<p>Conrad Alexander Gerard was the first Minister +from any foreign Court to the United States. +When the American Commissioners went to Paris, in +the year 1776, he was principal Secretary to the +Council of State, and on terms of the strictest intimacy +and confidence with Count de Vergennes, the Minister +of Foreign Affairs. Under the auspices of that Minister, +and in concert with him, M. Gerard early took +a strong interest in the concerns of the United States, +and abetted the cause of their independence. He negotiated, +on the part of the French government, the +first treaties of alliance and commerce with the United +States, signed on the 6th of February, 1778, by him +for one of the contracting parties, and by Franklin, +Deane, and Lee for the other.</p> + +<p>His knowledge of American affairs, and his general +ability, pointed him out as the most suitable person to +represent the French Court as Minister to Congress. +He came over to this country in the fleet with Count +d'Estaing and arrived in Philadelphia about the middle +of July, 1778. After discharging the duties of a +Minister Plenipotentiary for more than a year, in a +manner highly acceptable to Congress and the whole +country, as well as to his own government, he asked +his recall, and took his final leave of Congress on the +17th of September, 1779. He returned to Europe in +the same vessel, which took out Mr Jay as Minister +Plenipotentiary to the Court of Spain.</p> + +<div class="section_break"></div> + +<div class="section_head"> +<h2><span class="the">THE</span> + +<span class="correspondence">CORRESPONDENCE</span> + +<span class="of">OF</span> + +<span class="name">CONRAD ALEXANDER GERARD;</span> + +<span class="sub_name">MINISTER FROM FRANCE.</span></h2> +</div> + +<div class="thought_break"></div> + +<h3>LETTER FROM THE KING OF FRANCE TO CONGRESS.<a name="Page_235" id="Page_235"></a></h3> + +<p class="letter_open">Very dear and great Friends and Allies,</p> + +<p>The treaties which we have signed with you in +consequence of the propositions made to us on your +part, by your deputies, are a certain guarantee to you +of our affection for the United States in general, and +for each one of them individually, as well as of the +interest which we take, and shall always continue to +take, in their happiness and prosperity. In order to +convince you of this in a more particular manner, we +have appointed M. Gerard, Secretary of our Council +of State, to reside near you in quality of our Minister +Plenipotentiary. He is the better acquainted with the +sentiments which we entertain towards you, and is the +more able to answer for them to you, as he has been +intrusted on our part with negotiating with your +deputies, and as he has signed with them the treaties +which cement our union, we request you to give full +credit to all that he shall say to you on our part, particularly +<span class="pagenum"><a name="Page_236" id="Page_236">236</a></span> +when he shall assure you of our affection and +of our constant friendship for you. Moreover, we +pray God, that he will have you, very dear and great +Friends and Allies, under his holy and worthy protection.</p> + +<p>Written at Versailles, the 28th of March, 1778.</p> + +<p class="indent1">Your good Friend and Ally,</p> + +<p class="signed">LOUIS.</p> + +<div class="thought_break"></div> + +<h3>APPOINTMENT OF CONSUL-GENERAL OF FRANCE IN +THE UNITED STATES.</h3> + +<p>Louis, by the Grace of God, King of France and +Navarre, to all those to whom these presents shall +come, Greeting.</p> + +<p>Thinking it necessary to create the office of our +Consul-General at Boston, and other ports belonging +to the United States of North America, and being desirous +to confer a favor on M. Gerard, we have +thought that we could not make choice of a better person +than he, to fulfil the duties of this office, by our +knowledge of his zeal and affection for our service and +for the interests of our subjects, and of his judgment +and ability in naval affairs; for these reasons, and +others moving us thereto, we have nominated and appointed +the said M. Gerard, and by these presents +signed with our hand, do nominate and appoint him +our Consul-General at Boston, and other ports belonging +to the United States of North America, with +power to appoint consuls and vice-consuls in the +places where he shall judge them necessary; to have +and to hold the said office, to exercise, enjoy, and use +<span class="pagenum"><a name="Page_237" id="Page_237">237</a></span> +it, so long as it shall please us, with the honors, authorities, +advantages, prerogatives, privileges, exemptions, +rights, benefits, profits, revenues, and emoluments +which belong to it, such, and the same as those which +our other Consuls-General enjoy. We prohibit all +French merchants, and all persons sailing under the +French flag, from disturbing him in the possession, +duties and exercise of this consulate. We enjoin on all +captains, masters and commanders of ships, barks and +other vessels, armed and sailing under the said flag, as +well as on all our other subjects, to acknowledge the +said M. Gerard, and to obey him in this capacity. +We pray and request our very dear and great Friends +and Allies, the Congress of the United States of North +America, their governors and other officers whom it +shall concern, to allow the said M. Gerard, and the +consuls and vice-consuls whom he shall appoint to the +said office, to possess it fully and peaceably, without +causing, or allowing to be caused to them, any disturbance +or hinderance; but on the contrary to give +them all favor and assistance; offering to do the same +for all those who shall be thus recommended to us on +their part. In witness whereof we have caused our +privy seal to be affixed to these presents.</p> + +<p>Given at Versailles, the twentyeighth day of March, +in the year of our Lord one thousand seven hundred +and seventyeight, and of our reign the fifth.</p> + +<p class="signed">LOUIS.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_238" id="Page_238">238</a></span></p> + +<h3>THE KING OF FRANCE TO CONGRESS.</h3> + +<p class="letter_open">Very dear and great Friends and Allies,</p> + +<p>You will learn, undoubtedly, with gratitude, the measure, +which the conduct of the King of Great Britain +has induced us to take, of sending a fleet to endeavor to +destroy the English forces upon the shores of North +America. This expedition will convince you of the eagerness +and the vigor, which we are resolved to bring to the +execution of the engagements, which we have contracted +with you. We are firmly persuaded, that your fidelity to +the obligations, which your Plenipotentiaries have contracted +in your name, will animate more and more the efforts, +which you are making with so much courage and perseverance.</p> + +<p>The Count d'Estaing, Vice-Admiral of France, is +charged to concert with you the operations, the conduct of +which we have intrusted to him, in order that the combination +of measures on each side may render them as advantageous +to the common cause as circumstances will +permit. We entreat you to give full credit to everything, +which he shall communicate to you on our part, and to +place confidence in his zeal and in his talents.</p> + +<p>Moreover, we pray God, that he will have you, very +dear and great Friends and Allies, under his holy protection.</p> + +<p>Written at Versailles, the twentyeighth day of March, in +the year of our Lord, one thousand seven hundred and +seventyeight.</p> + +<p class="signed"> +LOUIS.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_239" id="Page_239">239</a></span></p> + +<h3>COUNT D'ESTAING TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="letter_head">At Sea, July 8th, 1778.</p> + +<p class="letter_open">Sir,</p> + +<p>I have the honor of informing your Excellency, and by +you of giving notice to Congress, of the arrival of the +squadron of the King upon the shores of the United States +of America.</p> + +<p>Honored with full powers from the King to treat with +Congress, I have the honor, Sir, of sending to your Excellency +the copy of my credentials relating to this subject, +the honor of presenting them myself; my desire to +wait upon the respectable representatives of a free nation, +my eagerness to reverence in them the noble qualities of +wisdom and firmness, which distinguish them, virtues +which all Europe admires and which France loves, are a +happiness, which can be delayed only by my desire to +render myself worthy of the favors of the United States, +while I begin by performing the duties, which circumstances +and my military functions impose upon me; I hope +that they will serve as my excuse, and that your Excellency +will have the kindness to offer them as such to Congress.</p> + +<p>I have the honor of writing to his Excellency, General +Washington, and shall have that of sending to his head +quarters two officers in succession, in order to offer to him +to combine my movements with his own. The merited +reputation, which so great a soldier has so justly acquired, +does not allow me to doubt that he is convinced better +than any one else of the value of the first movements. I +hope that the authority vested in him by Congress, has allowed +him the liberty of taking advantage of them, and +<span class="pagenum"><a name="Page_240" id="Page_240">240</a></span> +that we shall be able immediately, and without any delay, +to act in concert for the benefit of the common cause; +which seemed to me to require, that the orders of Congress +should remove as speedily as possible, the legal difficulties, +of which, perhaps, there are none.</p> + +<p>Monsieur de Chouin, Major of infantry, and relation of +M. de Sartine, is charged with delivering this letter to your +Excellency; he is one of the officers whom I send to +General Washington.</p> + +<p>The readiness with which his Excellency, M. Gerard, +Minister Plenipotentiary of the King, is hastening to +take up his residence near Congress, and there to display +the character with which his Majesty has invested +him, will prevent all the delays, which my distance might +occasion with regard to the military agreements. I have +the honor of assuring your Excellency, that I shall make it +my duty and pleasure to execute everything that M. +Gerard shall promise. The promises, which he will make +to you, will need no other ratifications on my part than +those, which my physical force demands, and which the +nature of the profession makes necessarily to depend upon +the military or naval force, which is in operation.</p> + +<p>A Minister so happy as to have had the glory of signing +the treaty, which unites two powers whose interests are so +intimately connected, will preserve the most important influence +upon my further designs. The escort, which +conducts him, that by which the King sends back to the +United States his Excellency, Silas Deane, is, undoubtedly, +the most brilliant which has ever accompanied Ambassadors. +I dare hope that it will prove useful to the +mutual interest of the two nations.</p> + +<p>That will be the happiest moment of my life, in which I +<span class="pagenum"><a name="Page_241" id="Page_241">241</a></span> +shall be able to contribute to it in anything. I shall, at the +same time fulfil my duty, as an officer charged with the +orders of his Majesty, and I shall satisfy my principles and +my inclination as an individual.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">ESTAING.</p> + +<p><i>P. S.</i> Permit me to recommend to the favor of Congress, +Messrs John Nicholson, Elias Johnson, and Henry +Johnson. Mr Nicholson preserved the ship Tonnant, +which is the second in the squadron, and Mr Elias Johnson +conducted himself with the greatest zeal and the +greatest bravery on board the frigate Engageante, in the +engagement in which she took the privateer Rose, in the +Chesapeake Bay.</p> + +<div class="thought_break"></div> + +<h3>RESOLVES OF CONGRESS RESPECTING THE COUNT D'ESTAING'S +LETTER, AND THE RECEPTION OF M. GERARD.</h3> + +<p class="letter_head"> +In Congress, July 11th, 1778.</p> + +<p>Resolved, that General Washington be informed by the +President, that it is the desire of Congress, that he co-operate +with the Count d'Estaing, commander of a French +squadron now on the coast of North America, and proceeding +to New York, in the execution of such offensive +operations against the enemy as they shall mutually approve.</p> + +<p>His Most Christian Majesty, the King of France, having +thought proper to send on the coasts a powerful fleet, +in order to co-operate with the forces of these States in +the reduction of the British army and navy, Resolved, +that General Washington be impowered to call on the +<span class="pagenum"><a name="Page_242" id="Page_242">242</a></span> +States of New Hampshire, Massachusetts Bay, Connecticut, +Rhode Island, New York, New Jersey, or such of +them as he shall judge proper, for such aids of their militia +as he shall think requisite for carrying on his operations, in +concert with Count d'Estaing, commander of the French +fleet; and that it be earnestly recommended to the abovementioned, +to exert themselves in forwarding the force, +which may be required of them with the utmost despatch.</p> + +<p>Resolved, that the Marine Committee be directed to +order the Commissioners of the navy to the eastward, to +fit out as many continental frigates and armed vessels as +possible, with the utmost despatch, to join the French +squadron in their operations against the enemy.</p> + +<p>Ordered, that the Board of War take measures for providing +a suitable house for the accommodation of M. Gerard; +and that they give the necessary orders for receiving +M. Gerard with proper honor on his arrival.</p> + +<p>Resolved, that a committee of five be appointed to wait +on M. Gerard on his arrival, and conduct him to his +lodgings.</p> + +<p>The members chosen, Mr Hancock, Mr Lee, Mr Drayton, +Mr Roberdeau, and Mr Duer.</p> + +<p>Next morning the committee went to Chester to meet +M. Gerard, who received them on board the frigate. In +going on board they were saluted with fifteen guns. They +then went on shore and waited on him to Philadelphia, +and conducted him to General Arnold's head quarters, +where a dinner was provided for him and his suit, and a +number of the members of Congress. Before dinner he +waited on the President.</p> + +<p>On Tuesday he delivered to the President sundry papers +to be laid before Congress,<a name="FNanchor_23" id="FNanchor_23" href="#Footnote_23" class="fnanchor">[23]</a> desiring to know in what +<span class="pagenum"><a name="Page_243" id="Page_243">243</a></span> +capacity Congress were willing to receive him; whether +as Minister Plenipotentiary or resident, intimating, that in +whatever quality he was received, it would be expected, +that the Commissioners from the States at the Court of +France should be vested with the same.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_23" id="Footnote_23" href="#FNanchor_23"><span class="label">[23]</span></a> Letters from the King, and notes of M. Gerard.</p></div></div> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head">Philadelphia, July 14th, 1778.</p> + +<p class="letter_open">Sir,</p> + +<p>His Excellency, the Count d'Estaing, Vice-Admiral of +France, commander of the squadron of the King, being +desirous to procure for the armed vessels, whether public +or private, of the United States, the means of availing +themselves of the operations of this squadron, in order to +take prizes from the common enemy, the undersigned has +the honor to inform Congress, that all their armed vessels +will enjoy the most extended protection of the squadron of +his Most Christian Majesty, and that the prizes which they +may be able to take will belong entirely to them. He +leaves it to the wisdom of Congress to fix upon the means +of deriving from this arrangement, the advantage of which +it is susceptible. The American vessels, which shall apply +to his Excellency the Vice-Admiral, will receive the signals +which will be necessary; and the undersigned will +successively communicate them to Congress, that information +of them may be given to those who shall sail from the +ports. He relies on the prudence of Congress in relation +to the measures necessary to ensure success in this matter.</p> + +<p class="signed">GERARD.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_244" id="Page_244">244</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 14th, 1778.</p> + +<p class="letter_open">Sir,</p> + +<p>The squadron which the King, my master, has sent, in +order to act in concert with the United States, against the +common enemy, having taken some prisoners during its +passage, the keeping of whom on board of the vessels +would be embarrassing and even dangerous, the undersigned +requests the Congress of the said United States to +have the goodness to cause these prisoners, as well as those +whom the King's squadron shall be able to take in the +course of its operations, to be received, to cause provision +to be made for their safe keeping and subsistence, in the +same manner as that which it makes use of for its own prisoners, +and to hold them at the disposal of the King, and +subject to the orders of his Excellency, the Count d'Estaing, +Vice-Admiral of France, and commander of his +Majesty's squadron.</p> + +<p>The undersigned will take care to cause all the expenses +incurred on this occasion to be reimbursed at certain +periods, in such manner as the Congress shall be pleased +to point out.<a name="FNanchor_24" id="FNanchor_24" href="#Footnote_24" class="fnanchor">[24]</a></p> + +<p class="signed">GERARD.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_24" id="Footnote_24" href="#FNanchor_24"><span class="label">[24]</span></a> Congress took into consideration the Memorial respecting prisoners, +and thereupon</p> + +<p>"Resolved, that all prisoners taken, or which may be taken, by the +squadron of his Most Christian Majesty, under the command of the +Count d'Estaing, Vice-Admiral of France, be received by the Commissary-General +of prisoners, and that he provide for their safe custody +and subsistence in like manner as has been usual for the prisoners +of these States. That he make monthly returns of all prisoners, +which shall be by him so received, to the Board of War. That he +make monthly returns to the treasury, of the accounts of all moneys +expended for the purposes aforesaid, and that the prisoners be held +at the disposal of his Most Christian Majesty, and subject to the +orders of his Excellency Count d'Estaing.</p> + +<p>"Ordered, that the paper relative to the encouragement given by +the Count d'Estaing to American armed vessels, whether public or +private, be published."</p></div></div> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_245" id="Page_245">245</a></span></p> + +<h3>CEREMONIAL OF ADMITTING THE FRENCH MINISTER TO +CONGRESS.</h3> + +<p class="letter_head"> +In Congress, July 20th, 1781.</p> + +<p>Resolved, That the ceremonial for a Minister Plenipotentiary, +or Envoy, shall be as follows;</p> + +<p>When a Minister Plenipotentiary, or Envoy, shall arrive +within any of the United States, he shall receive at all +places where there are guards, sentries, or the like, such +military honors as are paid to a general officer of the +second rank in the armies of the United States.</p> + +<p>When he shall arrive at a place in which Congress shall +be, he shall wait upon the President and deliver his credentials, +or a copy thereof. Two members of Congress +shall then be deputed to wait upon him, and inform him +where and when he shall receive audience of Congress.</p> + +<p>At the time he is to receive his audience, the two members +shall again wait upon him in a coach belonging to the +States, and the person first named of two, shall return with +the Minister Plenipotentiary, or Envoy, in the coach, +giving the Minister the right hand, and placing himself on +the left, with the other member on the front seat.</p> + +<p>When the Minister Plenipotentiary, or Envoy, is arrived +at the door of the Congress Hall, he shall be introduced to +his chair by the two members, who shall stand at his left +hand. Then the member first named shall present and +<span class="pagenum"><a name="Page_246" id="Page_246">246</a></span> +announce him to the President and the House, whereupon +he shall bow to the President and Congress, and they to +him. He and the President shall then again bow to +each other and be seated, after which the House shall sit +down.</p> + +<p>Having spoken and being answered, the Minister and the +President shall bow to each other, at which time the +House shall bow, and then he shall be conducted home in +the manner in which he was brought to the House.</p> + +<p>Those who shall wait upon the Minister shall inform +him, that if in any audience he shall choose to speak on +matters of business, it will be necessary previously to deliver +in writing to the President what he intends to say at +the audience, and if he shall not incline thereto, it will, +from the constitution of Congress, be impracticable for +him to receive an immediate answer.</p> + +<p>The style of address to Congress shall be, "Gentlemen +of the Congress."</p> + +<p>All speeches or communications in writing may, if the +public Minister choose it, be in the language of their respective +countries, and all replies or answers shall be in the +language of the United States.</p> + +<p>After the audience, the members of Congress shall be +first visited by the Minister Plenipotentiary, or Envoy.</p> + +<p><i>July 30th.</i> Resolved, That Thursday next be assigned +for giving audience to the honorable M. Gerard, Minister +Plenipotentiary from his Most Christian Majesty.</p> + +<p><i>August 5th.</i> Resolved, That when the Minister is +introduced to his chair by the two members, he shall sit +down.</p> + +<p>His Secretary shall then deliver to the President the +letters of his Sovereign, which shall be read and translated +<span class="pagenum"><a name="Page_247" id="Page_247">247</a></span> +by the Secretary of Congress. Then the Minister +shall be announced. At which time the President, the +House, and the Minister shall rise together. The Minister +shall then bow to the President and the House, and they +to him. The Minister and the President shall then bow +to each other and be seated; after which the House shall +sit down. The Minister shall deliver his speech standing, +the President and the House shall set while the Minister is +delivering his speech.</p> + +<p>The House shall rise, and the President shall deliver the +answer standing. The Minister shall stand while the +President delivers the answer.</p> + +<p>Having spoken, and being answered, the Minister and +the President shall bow to each other, at which time the +House shall bow, and then the Minister shall be conducted +home in the manner in which he was brought to the +House.</p> + +<p>Resolved, That the door of the Congress chamber be +open during the audience to be given to the Minister Plenipotentiary +of his Most Christian Majesty.</p> + +<p>That the delegates of Pennsylvania be requested to inform +the Vice President, the Supreme Executive Council, +and the Speaker and Assembly of the said State, that the +Minister Plenipotentiary of his Most Christian Majesty, the +King of France, will receive his audience of Congress at +twelve o'clock tomorrow, when the doors of the chamber +will be opened.</p> + +<p>That each member of Congress may give two tickets +for the admittance of other persons to the audience, and +that no other persons except those specified in the foregoing +resolution, be admitted without such a ticket signed +by the members appointed to introduce the Minister to the +Congress. +<span class="pagenum"><a name="Page_248" id="Page_248">248</a></span></p> + +<p><i>Thursday, August 6th.</i> According to order the honorable +M. Gerard was introduced to an audience by +two members of Congress, and being seated, his Secretary +delivered to the President a letter from his +Most Christian Majesty, directed "To our very dear +and great Friends and Allies, the President and Members +of the General Congress of the United States," +in the words following;</p> + +<p>[See this letter above, p. <a href="#Page_235">235</a>, dated March 28th, +1778.]</p> + +<p>The Minister was then announced to the House, +whereupon he arose and addressed Congress in a +speech which, when he had finished, his Secretary delivered +in writing to the President, and is as follows;</p> + +<p class="translation"> +Translation.</p> + +<div class="blockquot"> +<p class="letter_open"> +"Gentlemen,</p> + +<p>"The connexions which the King, my master, has +formed with the United States of America, are so +agreeable to him, that he has been unwilling to delay +sending me to reside near you to unite them more +closely. His Majesty will be gratified to learn, that +the sentiments which are manifested on this occasion +justify the confidence, with which the zeal and the +character of the deputies of the United States in +France, the wisdom and the firmness which have directed +your resolutions, together with the courage and +the constancy which the people have displayed, have +inspired him. You know, Gentlemen, that this confidence +has laid the foundation of the truly friendly and +disinterested plan, upon which his Majesty has treated +with the United States. +<span class="pagenum"><a name="Page_249" id="Page_249">249</a></span></p> + +<p>"It has not rested with him, that his engagements +could not secure your independence and your tranquillity +without the further effusion of blood, and without +aggravating the miseries of mankind, of which it is his +whole ambition to secure the happiness; but the hostile +dispositions and resolutions of the common enemy +having given a present force, positive, permanent, and +indissoluble, to engagements wholly eventual, the +King, my master, has thought that the two allies should +occupy themselves only with the means of fulfilling +them in the manner the most useful to the common +cause, and of the most effect in obtaining peace, which +is the object of the alliance. It is in conformity with +this principle, that his Majesty has hastened to send +you a powerful assistance. You owe it, Gentlemen, +to his friendship, to the sincere interest which he takes +in the welfare of the United States, and to the desire +which he has of concurring effectually in securing your +peace and your prosperity on honorable and firm foundations. +He hopes, moreover, that the principles +adopted by the governments will contribute to extend +the connexions, which the mutual interest of the respective +nations had already begun to form between +them. The principal point of my instructions is to +make the interests of France and those of the United +States keep pace together. I flatter myself, that my +past conduct in affairs which interest them, has already +convinced you that I have no more earnest +desire, than that of executing my instructions in such a +manner as to deserve the confidence of Congress, the +friendship of its members, and the esteem of all the +citizens." +<span class="pagenum"><a name="Page_250" id="Page_250">250</a></span></p> +</div> + +<p>To this speech the President returned the following +answer;</p> + +<div class="blockquot"> +<p class="letter_open"> +"Sir,</p> + +<p>"The treaties between his Most Christian Majesty +and the United States of America so fully demonstrate +his wisdom and magnanimity as to command the +reverence of all nations. The virtuous citizens of +America in particular can never forget his beneficent +attention to their violated rights, nor cease to acknowledge +the hand of a gracious Providence in raising for +them so powerful and illustrious a friend. It is the +hope and the opinion of Congress, that the confidence +his Majesty reposes in the firmness of these States +will receive additional strength from every day's experience.</p> + +<p>"This assembly are convinced, Sir, that had it +rested solely with the Most Christian King, not only +the independence of these States would have been +universally acknowledged, but their tranquillity fully +established; we lament that lust of domination, which +gave birth to the present war and has prolonged and +extended the miseries of mankind. We ardently wish +to sheathe the sword, and spare the further effusion of +blood; but we are determined, by every means in our +power, to fulfil those eventual engagements, which +have acquired positive and permanent force from the +hostile designs and measures of the common enemy.</p> + +<p>"Congress have reason to believe, that the assistance +so wisely and generously sent will bring Great Britain +to a sense of justice and moderation, promote the interests +of France and America, and secure peace and +tranquillity on the most firm and honorable foundation. +<span class="pagenum"><a name="Page_251" id="Page_251">251</a></span> +Neither can it be doubted, that those who administer +the powers of government, within the several States of +this Union, will cement that connexion with the subjects +of France, the beneficent effects of which have +already been so sensibly felt.</p> + +<p>"Sir, from the experience we have had of your exertions +to promote the true interests of our country as +well as your own, it is with the highest satisfaction +Congress receive as the first Minister from his Most +Christian Majesty, a gentleman, whose past conduct +affords a happy presage that he will merit the confidence +of this body, the friendship of its members, and +the esteem of the citizens of America."</p> +</div> +<p>The Secretary of Congress delivered to the Minister +a copy of the foregoing speech, dated "In Congress, +August 6th, 1778," and signed "Henry Laurens, +President." Whereupon the Minister withdrew, +and was conducted home in the manner in which he +was brought to the House.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, November 9th, 1778.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France has the honor +to inform the Congress of the United States of North +America, that he has obtained, on account of his Majesty, +the cargo of two schooners; the one called the Gentil, +George André, Captain, and the other the Adventurer, +commanded by Captain Joseph Taffier, these two vessels +<span class="pagenum"><a name="Page_252" id="Page_252">252</a></span> +being now in the port of Petersburg, Virginia, and their +cargoes delivered, consisting of from twelve to thirteen hundred +barrels of flour, and about fifty barrels of biscuit. +The destination of these provisions, requiring that they +should depart immediately, the undersigned Minister Plenipotentiary +requests Congress to be pleased to take the +measures which it shall judge necessary, in order, that the +departure of these two vessels with their cargoes may meet +with no obstacle. An express will wait for the orders, +which it may be necessary to send into Virginia, in relation +to this object.</p> + +<p class="signed"> +GERARD.</p> + +<p>Whereupon Congress ordered, that the President write +to the Governor of Virginia, explain to him the nature of +this transaction, and the necessity of the vessels' immediate +departure, and desire him to give orders accordingly.</p> + +<div class="thought_break"></div> + +<p><i>November 18th, 1778.</i> Two letters from the Honorable +the Minister Plenipotentiary of France were read, requesting +a passage on board of one of the continental frigates, for +the Chevalier de Raymondis, Captain of the Cæsar, and +that a vessel on board of which are a number of invalids, +may be taken under convoy of the frigate until she be safe +at sea. These were referred to the Marine Committee, +with directions to comply with the request therein contained.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_253" id="Page_253">253</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, November 20th, 1778.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister of France thinks it his duty to have the +honor of communicating to the President of Congress the +reflection that, according to ordinary rules, treaties are not +published until the respective ratifications have been exchanged, +and that so far as he is informed, that of the King +has not arrived. If Congress, however, has motives to +proceed immediately to this publication, the Minister requests +it not to be stopped by his reflection; the wisdom +of their views deserving all preference over what can only +be regarded as a mere formality.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<p class="letter_head"> +Philadelphia, December 2d, 1778.</p> + +<p>The President communicated to Congress the following +unsigned note from the Minister of France.</p> + +<p>"It is thought proper to inform persons, who have business +in France, that all judicial and extra-judicial acts, +powers of attorney, &c. which are destined to be sent +thither, ought to be invested with the authorisation of the +Minister Plenipotentiary, or the Consuls of this Crown established +in the different States of America. By means +of this formality, all the acts valid in America will have +the same validity in France in all cases."</p> + +<p><i>December 4th.</i> The President communicated to Congress +another unsigned note from the Minister of France, +relative to a plan he had proposed for discharging the debt +<span class="pagenum"><a name="Page_254" id="Page_254">254</a></span> +due to Roderique Hortalez & Co. namely, by furnishing +the French fleet in America with provisions, for the amount +of which the Court would procure the United States a +credit with Hortalez & Co. The note was delivered in +English, in the words following.</p> + +<p>"Leave is begged from the Honorable the President of +Congress to submit to him some reflections upon a late conversation. +The insinuation made was founded upon the +consideration, that the method proposed would be more +simple, more easy, and more convenient, than any other, +and that besides, the troubles, the expenses, the dangers +of the sea, and of the enemy, the spoiling of the cargoes, +&c. would be avoided.</p> + +<p>"The manner of executing this plan, if adopted, would +be very simple, and attended with no inconveniency; the +Court shall take upon itself to satisfy the furnisher of the +articles in question, and Congress shall receive the discharge +for ready money, in their accounts with the Court."</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, December 6th, 1778.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France, considering +that it is of great importance for the interests of France +and the United States of America to prevent, or to delay as +much as possible, the repairs, and consequently the activity +of the enemy's ships, and that one of the most efficacious +means would be, to intercept the masts which they +are obliged to bring from Halifax, is firmly persuaded, that +<span class="pagenum"><a name="Page_255" id="Page_255">255</a></span> +this subject has not escaped the consideration of Congress, +but believing that it is for the interest of the King, his master, +that his Majesty should contribute to the measures +which may effect this object, his intention is to offer a reward +to the owners of privateers, who shall take or destroy +vessels loaded with masts proper for ships of the line or +for frigates. This encouragement seemed necessary, in +order to turn the efforts of privateers in this direction, considering +the low price of this commodity in proportion to +other cargoes, but the said Minister did not wish to execute +this plan without communicating it to Congress, and +before knowing its opinion on this subject.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, December 7th, 1778.</p> + +<p class="letter_open">Sir,</p> + +<p>I have had the honor to make known to you the +reasons of my perplexity, with regard to transmitting +to my Court some ideas respecting certain persons +strongly suspected of being emissaries of the Court of +London, as well as concerning the doctrine of the liberty, +which it is pretended the United States have +preserved of treating with this power separately from +their ally, so long as Great Britain has not declared +war upon the King my master. I have expressed to +you how far it is from my character to pay regard to +public rumors and to the reports of any individuals, in +a matter as important as it is delicate, and the desire +which I feel that Congress would be pleased to furnish +<span class="pagenum"><a name="Page_256" id="Page_256">256</a></span> +me with the means of placing my Court, and by its +means, all the present and future friends of the United +States in Europe, on their guard against the impressions +which these ideas might produce. They appeared +to me particularly dangerous in relation to +England, where they would nourish the hope of sowing +domestic divisions in the bosom of the United +States, and of separating them from their ally, by +annulling, also, the treaties concluded with him. It +seems, in fact, that as long as this double hope shall +continue, England will not think seriously of acknowledging +your independence on the footing expressed in +the treaty of Paris. Your zeal, Sir, for your country, +and for the maintenance of the harmony so happily +established, is too well known for me not to hope that +you will be pleased to lay before Congress this subject, +which my solicitude for whatever concerns the +maintenance of the reputation of the alliance has caused +me to regard as very important.</p> + +<p>I am persuaded, Sir, that you will at the same time +have the goodness to inform Congress of the proof of +firmness, and of attachment to the interests of the +United States, to the common cause and to the alliance, +which the King my master has given, in rejecting +the overtures which the Court of London has made +through Spain.</p> + +<p>I have the honor to be, with sentiments of respect, +&c.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<p>To the memorial respecting masts, an answer was +returned on the 16th. And in answer to the above +<span class="pagenum"><a name="Page_257" id="Page_257">257</a></span> +letter Congress passed a resolution on the 14th of +January, 1779, as follows;</p> + +<p>"Whereas it has been represented to this House by +M. Gerard, Minister Plenipotentiary of France, that it +is pretended that the United States have preserved the +liberty of treating with Great Britain separately from +their ally, as long as Great Britain shall not have +declared war against the King, his master, therefore,</p> + +<p>"Resolved unanimously, That as neither France nor +these United States may of right, so these United +States will not conclude either truce or peace with the +common enemy without the formal consent of their +ally first obtained, and that any matters or things +which may be insinuated or asserted to the contrary +thereof tend to the injury and dishonor of the said +States."</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, December 14th, 1778.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France has the +honor to remind Congress, that they were pleased to +order in Virginia the purchase of eighteen thousand +barrels of flour to complete the quantity of provisions +destined for the fleet of his Most Christian Majesty, +but the undersigned being informed of the scarcity of +this article has confined himself to ten or twelve +thousand. Information since received from Virginia +causing him to fear that the flour of the current year +has a disagreeable taste, and that, consequently, the +aforesaid quantity cannot be furnished of a quality +<span class="pagenum"><a name="Page_258" id="Page_258">258</a></span> +suitable for bearing the climate of the islands, the undersigned +presumes that a part of it may be replaced +by rice taken from South Carolina, where he is informed +this article abounds.</p> + +<p>It is from these considerations that the undersigned +Minister takes the liberty to request Congress to take +the measures necessary in order that six thousand barrels +of rice may be bought and exported from South +Carolina, the said Minister being resolved to employ +American citizens in these kinds of purchases, as he +has promised, proposes to intrust this commission to +Mr Gervais.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, January 4th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France learns by +M. Francy, that, from the offer which he made in +relation to the payment by compensation of a part of +the sums due from the United States to M. de Beaumarchais, +consequences have been drawn, which are +contrary to the intentions of the undersigned.</p> + +<p>He finds himself obliged to prevent all mistakes by +declaring in writing, as he always has done verbally, +that all the supplies furnished by M. de Beaumarchais +to the States, whether merchandise or cannons and +military goods, were furnished in the way of commerce, +and that the articles which came from the +King's magazines and arsenals were sold to M. de +<span class="pagenum"><a name="Page_259" id="Page_259">259</a></span> +Beaumarchais by the department of artillery, and that +he has furnished his obligations for the price of these +articles. He is, consequently, a debtor to the war +department, whilst he is a creditor of the United States +by the sale of these same articles, which had become +his property. On the other side the King is a debtor +to the United States.</p> + +<p>It is this situation, namely, the difficulty which +Congress finds in paying M. de Beaumarchais by return +of merchandise, and the considerable saving +which would result to Congress, that has determined +the undersigned to offer a mutual compensation, and to +pay the King's debts to the United States to the +amount of the receipts of M. de Beaumarchais, which +Congress will receive in ready money. This is the +simple and natural operation, which the undersigned +has offered, and which ought not at all to change the +situation of M. de Beaumarchais with regard to Congress, +since he is and continues to be a creditor in his +own name, of the United States, and since the undersigned +simply offers to pay to the discharge of Congress +a certain sum, which the undersigned will determine +in concert with M. de Francy, when Congress +shall have passed a resolution on this offer.</p> + +<p>The undersigned thinks that he owes these explanations +to his respect for Congress, and he hopes that if there +may remain any false ideas on this subject, Congress will +be pleased to place him in a situation to supply all the information +which may yet be desired.</p> + +<p class="signed"> +GERARD.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_260" id="Page_260">260</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, January 5th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France cannot forbear +to submit to the Congress of the United States, the passages +underscored in the two gazettes annexed, under date +of the 3d and 5th of this month. He has no doubt of the +indignation of Congress at the indiscreet assertions contained +in these passages, which equally bring into question +the dignity and reputation of the King my master, and +that of the United States. These assertions will become, +in the hands of the enemies of the common cause, a +weapon the more powerful and dangerous, as the author is +an officer of Congress, and as he takes advantage of his +situation to give credit to his opinions and to his affirmations.</p> + +<p>The aforesaid Minister relies entirely on the wisdom of +Congress to take measures suitable to the circumstance. +It has not been owing to him, that the author has not himself +repaired the injury which he has done, the Minister +Plenipotentiary having hastened to convince him of the +wrongs of which he was guilty, when the first of these +gazettes appeared in public.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<p>The passages referred to in the above were contained +in a piece published in the Pennsylvania Packet, under +the title, "Common Sense to the Public on Mr Deane's +Affair," written by Thomas Paine, then Secretary to the +Committee of Foreign Affairs; and are as follows; +<span class="pagenum"><a name="Page_261" id="Page_261">261</a></span></p> + +<p>"If Mr Deane, or any other gentleman, will procure an +order from Congress to inspect an account in my office, or +any of Mr Deane's friends in Congress will take the +trouble of coming themselves, I will give him or them my +attendance, and show them in a hand-writing, which Mr +Deane is well acquainted with, that the supplies he so +pompously plumes himself upon (namely, those which +were sent from France in the Amphitrite, Seine, and Mercury) +were promised and engaged, and that <i>as a present</i>, +before he even arrived in France, and that the part which +fell to Mr Deane was only to see it done, and how he has +performed that service, the public are now acquainted +with." The last paragraph in the account, is "upon Mr +Deane's arrival in France, the business went into his +hands, and the aids were at length embarked in the Amphitrite, +Mercury, and Seine." "I have been the more +explicit on this subject, not so much on Mr Deane's account, +as from a principle of public justice. It shows, in +the first instance, that the greatness of the American cause +drew at its first beginning the attention of Europe, and that +the justness of it was such as appeared to merit support; +and in the second instance, <i>that those who are now her allies +prefaced that alliance by an early and generous friendship</i>; +yet, that we might not attribute too much to human or +auxiliary aid, so unfortunate were those supplies, that only +one ship out of the three arrived; the Mercury and the +Seine fell into the enemy's hands."</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_262" id="Page_262">262</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, January 10th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>I cannot forbear to present to Congress the striking observations +occasioned by the delay, which the answer to +my representation of the beginning of the past month meets +with. Already the enemies of the common cause represent +it as a proof of the diversity of the opinions which +prevail in Congress, as if there could exist a contrariety of +sentiments upon a subject so simple, and a matter so clear, +that to call it in question would be at the same time to +call in question the solidity, and even the existence of the +alliance. Certainly, Sir, no one is farther than myself +from adopting suspicions, which would be so fatal to the +common cause; but I have had the honor to explain the +motives, which should induce Congress to give to this subject +a ready, formal, and explicit declaration. They know +that erroneous opinions become more difficult to destroy +when they have had time to take root in men's minds; it +is then wished to remedy the evil, but it is found irremediable. +The greater part of these reflections is applicable +in an equal degree to the declaration, which I had the +honor to make to Congress on the 5th of this month, and +I wait impatiently for answers, which may quiet my Court +against the efforts made by the enemies to draw from the +facts in question, inferences injurious to the allies and the +alliance, efforts of which Congress alone can avoid the +dangers. My zeal and my respect do not allow me to +conceal from them apprehensions, which seem to me but +too well founded and worthy of all their attention.</p> + +<p> +I have the honor to be, &c.</p> + +<p class="signed">GERARD.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_263" id="Page_263">263</a></span></p> + +<p>On the 12th of January, Congress taking into consideration +the publication in the Pennsylvania Packet of the +2d and 5th instant, under the title of "Common Sense to +the Public on Mr Deane's Affair," of which Mr Thomas +Paine, Secretary of the Committee of Foreign Affairs, has +acknowledged himself to be the author, and also the memorials +of the Minister Plenipotentiary of France, of the +5th and 10th instant, respecting the said publication; "Resolved, +unanimously, that in answer to the memorials of +the Plenipotentiary of his Most Christian Majesty, of the +5th and 10th instant, the President be directed to assure +the said Minister, that Congress do fully, in the clearest +and most explicit manner, disavow the publications referred +to in his said memorials, and, as they are convinced +by indisputable evidence, that the supplies shipped in the +Amphitrite, Seine, and Mercury, were not a present, and +that his Most Christian Majesty, the great and generous +ally of these United States, did not preface his alliance +with any supplies whatever sent to America, so they have +not authorised the writer of the said publication to make +any such assertions as are contained therein, but, on the +contrary, do highly disapprove of the same."</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, January 14th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>I have received the letter, with which you honored me +on the 13th of this month, on sending me the resolution of +Congress in answer to the representations, which I had the +honor to make to it on the 5th and 10th. +<span class="pagenum"><a name="Page_264" id="Page_264">264</a></span></p> + +<p>I request you to receive, and to offer to Congress, all the +sensibility with which I have seen the frank, noble, and +explicit manner in which they have destroyed false and +dangerous insinuations, which might deceive the misinformed +people, and give arms to the enemies of the common +cause.</p> + +<p>The King, my master, Sir, does not need these proofs, +in order to place his confidence in the disposition of firmness +and constancy, which is exhibited by Congress in the +principles of the alliance; but his Majesty will always see +with pleasure the measures that Congress shall take to +maintain its reputation inviolate, and it is from this same +consideration, that I flatter myself he will have found +my representation of the 7th of December last, equally +worthy of his attention.</p> + +<p class="indent1">I am, with respect and esteem, &c.</p> +<p class="signed">GERARD.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, January 15th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>With all my eagerness for whatever can be agreeable to +Congress, I have made use of their resolution relative to +M. Duportail, and the officers who accompany him. They +feel much honored by the praises, which their services and +conduct have merited, as well as by the confidence which +Congress shows in them, by desiring them to pass another +campaign in the service of the United States. Their letter, +a copy of which is annexed, expresses their resolution to +<span class="pagenum"><a name="Page_265" id="Page_265">265</a></span> +accept this invitation, and moreover contains proofs of an +unlimited confidence in the justice and goodness of Congress.</p> + +<p>I do not doubt, Sir, that these sentiments will increase +the degree of esteem and good will, which they already +deserve on account of their distinguished services. This +affair being thus settled, I shall lose no time in asking of +the King the consent, which the officers of engineers need. +My knowledge of the dispositions of the King and his Ministry, +in relation to whatever may be useful to the United +States, does not allow me to doubt, that my conduct, and +the attachment of these officers to the American service, +will be approved.</p> + +<p class="indent1"> +I am, with respectful esteem, &c.</p> + +<p class="signed">GERARD.</p> + +<div class="thought_break"></div> + +<h3>MESSRS DUPORTAIL, LA RADIERE, AND LAUMOY TO M. GERARD.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, January 15th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>We have been penetrated with gratitude on seeing in +the resolution of Congress, annexed to your Excellency's +letter, proofs of esteem with which we are honored by our +illustrious General, and which gives occasion to the proposition +which is made to us, of continuing in the service of +the United States through the next campaign. We willingly +consent to it, since your Excellency thinks, that we +shall thereby fulfil the intentions of the Court, and since +you are so kind as to take upon yourself the trouble of +asking from it the necessary permission. Relying also on +<span class="pagenum"><a name="Page_266" id="Page_266">266</a></span> +the justice of Congress for the favors which we may merit +from longer services, we affix no conditions to the continuance +of our residence in America. But we deem it our +duty to state, that being determined to remain here by our +desire of serving, and of being useful to the United States, +if the means of usefulness should disappear on any account +whatsoever, we shall be desirous of preserving the liberty +of returning into our country. Sensible of the interest +which your Excellency is so kind as to take in this affair, +we beg you to accept our most humble thanks.</p> + +<p> +We are, respectfully, your Excellency's most obedient humble servants,</p> + +<p class="signed">DUPORTAIL,<br /> +LA RADIERE,<br /> +LAUMOY.</p> + +<p><i>P. S.</i> M. de Goudion has said, that he would agree +to whatever we should do.</p> + +<div class="thought_break"></div> + +<p><i>January 21st.</i> A Memorial from M. Gerard, Minister +Plenipotentiary of France, and Consul-General, was read, +enclosing a commission of Consul in the port of Boston, +and other ports in Massachusetts Bay, to the Sieur +Valnais. The commission was referred to the Marine +Committee, and they were instructed to register it and to +return the original to M. Valnais, and to take measures for +making him known to all whom it may concern, as Consul +of France in the State of Massachusetts.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_267" id="Page_267">267</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, February 3d, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France has the honor +to represent to the Congress of the United States, that it +is of infinite importance to the safety of the King's squadron, +stationed in the Gulf of Mexico, to determine the +supply of provisions on which it may rely. And several +vessels being ready to sail for Martinique, the wisdom of +Congress will show to that body the necessity of informing +the commander of this squadron of it without delay.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, February 8th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France, being ordered +to communicate to Congress subjects of the highest importance, +has the honor to inform the President of it, and +requests him to inform him, whether he wishes him to execute +his orders through him, or if he prefers that he +should communicate them to Congress in an audience.</p> + +<p class="signed"> +GERARD. +</p> + +<p> +"Ordered, that the President acquaint M. Gerard, Minister +Plenipotentiary of France, that Congress will admit +him to a private audience, when he shall present himself, +to make the communication he is instructed to make to +Congress."</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_268" id="Page_268">268</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, February 9th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>By instructions addressed to the undersigned on the +29th of October last, he is ordered to transmit to Congress +the answer of the King to certain communications made +to his Majesty by the Commissioners of the United States.</p> + +<p>1st. These Commissioners having desired his Majesty +to continue the subsidy which he had granted them, he +gave them to understand, that his affairs did not permit +him to make this engagement, since the war which he is +carrying on against England, and the general situation of +Europe, require expenses which absorb all his resources, +yet in consequence of the representations made by the +deputies, of the difficulty which they found in honoring +the bills of exchange which Congress had drawn upon +them, for the interest due upon money which had been +borrowed, his Majesty has been pleased to grant a sum of +seven hundred and fifty thousand livres, as a new proof of +his friendship for the United States.</p> + +<p>2dly. The same Commissioners made known to the +King, that Congress had reason to presume, that a part of +the articles furnished to the United States, was a present +on the part of his Majesty. The undersigned is authorised +to declare, that this intention never existed, that it +was an affair entirely commercial, in which the Ministry +had no other part, than that of permitting M. de Beaumarchais +to take from the magazines and arsenals of the +King, on condition of replacing them, the articles with which +commerce could not supply him, that consequently the Ministry +<span class="pagenum"><a name="Page_269" id="Page_269">269</a></span> +had no other power in this affair, than that of preventing +Congress from being pressed too soon for payment for the +articles taken from the magazines and arsenals of the King. +As to the contract made with Roderique Hortalez & Co, +the Ministry has declared to the American deputies, who +asked their advice, upon the ratification or rejection of +this contract, that they did not know the house of Roderique +Hortalez & Co. and that they could not answer for +it, nor express an opinion as to its stability and fidelity in +the performance of its engagements.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, February 9th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The undersigned, Minister Plenipotentiary of France, +has received a formal order from the King, his master, to +make known to Congress, that the King of Spain, in +order to put an end to the tergiversations of England, has +determined upon a decisive and peremptory proceeding. +His Catholic Majesty has, consequently, made to the King +of England a final offer of his mediation; but with the +declaration that it was the last, and that if it was as fruitless +as those which preceded, it would only remain to +him to perform the duties, which his alliance with the King +imposes upon him.</p> + +<p>The King of Spain, by taking this proceeding upon himself +in a friendly manner, has shown a disposition most +favorable to the alliance. The King, my master, on his +side, persists in the invariable resolution not to separate +<span class="pagenum"><a name="Page_270" id="Page_270">270</a></span> +his interests from those of America, and to support the +cause of the United States, as if it were his own personal +cause.</p> + +<p>His Majesty thinks, while fulfilling the duties of the alliance +by this confidential communication, that he ought to +invite and urge Congress to furnish immediately with the +necessary powers and instructions the person or persons +whom they shall think proper to authorise to assist in the +deliberations, and in the conclusion and signing of the +treaty. His Majesty trusts that Congress will perceive the +inestimable value of time in a juncture so critical and so +important; and that the injuries caused by any delay +would be irreparable both to the alliance and the allies. +In complying with the invitations of the King, the United +States would regard equally their dignity and their interests. +The place of the negotiation is fixed at Madrid.</p> + +<p>His Majesty, while engaging in everything that can +hasten the happy moment in which America can enjoy, +peaceably, internal and external prosperity, which is the +object of the revolution and the limit of his Majesty's +wishes, has instructed the undersigned to suggest to Congress, +that at a time in which they are employed in fixing +their political existence, it seems to belong to their foresight +to consider the sentiments of the States as to the +peace in relation to Spain, and they will perhaps think, +that the means of preventing all future discontents merits +their attention, and ought to be one of the subjects of the +positive and definite instructions, which the States will give +for the conclusion of the peace.</p> + +<p class="signed"> +GERARD. +</p> + +<p> +<span class="pagenum"><a name="Page_271" id="Page_271">271</a></span></p> + +<p><i>February 13th.</i> The President was directed to inform +the Minister, that Congress will take the subject of his +memorials of the 9th into immediate consideration, and +that if he wishes to communicate anything farther to them, +Congress will receive the same from him in a private audience. +And it was at the same time resolved, that all +private audiences given to foreign Ministers be held in a +committee of the whole.</p> + +<p><i>February 15th.</i> The President acquainted the House, +that pursuant to their order, he had informed the Minister +of France, that Congress will take his memorials of the +9th into immediate consideration, and that if he wishes to +communicate anything farther to them, Congress will receive +the same in a private audience; that the Minister +wished to make further communications to Congress, and +would attend the House at twelve o'clock this day.</p> + +<p>The Minister, agreeably to his appointment, was introduced, +and had a free conference with Congress, in which +he represented the present state of affairs in Europe, the +dispositions of the Spanish Court, and the measures it was +about to take in order to restore peace; from thence he +took occasion to press upon Congress the necessity of +having a Minister in Europe properly empowered and instructed. +He further signified, that it was the desire of his +Most Christian Majesty, that the United States would +speedily put themselves in a condition to take that part in +the negotiation for peace apparently about to take place, +which their dignity and interest required; and that they +should lay a solid foundation for obtaining a speedy peace +agreeably to the terms of the treaty, by giving their Plenipotentiary +the most ample instructions and full powers. +This he enforced by sundry arguments, and pressed the +utmost despatch.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_272" id="Page_272">272</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, March 14th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France, undersigned, +does not doubt that the committee, charged on the part of +Congress to persuade the undersigned to keep the rate +of exchange at nine hundred per cent, in order to stop the +farther depreciation which circumstances threatened, has +reported the answer which the said Minister gave on this +subject; but as the undersigned is still ignorant of the +manner in which Congress has received this answer, he is +the more desirous of being informed of it, as he must give +an account to his Court of the success of the course which +he has adopted, and as the agent of the royal navy has, +till this time, confined himself to the rule proposed on the +part of Congress, without any return to the interests of his +Majesty.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, March 16th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France, being about +to send M. de Maulcon to New York to effect the +exchange of the French prisoners, who are detained there, +takes the liberty to request the Congress of the United +States of America to have the goodness to allow them the +<span class="pagenum"><a name="Page_273" id="Page_273">273</a></span> +same facilities as heretofore, by charging their Commissioners +to receive them on their landing at Elizabethtown +and New London, and from thence as far as Philadelphia +or Boston, and to give them, at the expense of his Most +Christian Majesty, the same treatment which American +prisoners receive.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, March 17th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France has the +honor to remind the Congress of the United States of +North America, that in executing for five months the +instructions with which he has been charged by the +King, his master, in relation to the present state of +affairs, the undersigned has expressed his Majesty's +desire, that the United States should quickly put +themselves in a situation to take, in the negotiation for +peace which seems on the point of taking place, the +part which their dignity and their interests require, +and that they should lay firm foundations for obtaining +a speedy pacification conformable to the terms of the +alliance, by giving to their Plenipotentiary instructions +the most ample, and powers the most extensive. +It is, in fact, impossible to be too economical of time, +when a correspondence is carried on at so great a distance, +upon a business so important and so liable to be +changed by many incidents impossible to be foreseen. +These observations have still greater force, when the +<span class="pagenum"><a name="Page_274" id="Page_274">274</a></span> +opening of the campaign is approaching, and when the +greatest celerity alone can anticipate the moment of it. +Every day's delay increases the obstacles to the success +of the advantageous plans, which the King has +communicated to the United States. To prolong the +deliberation upon peace may be to reject it. His Majesty, +who thinks that he has deserved the confidence +of the United States, believes, moreover, that he has a +right, after the assurances which Congress have so +often repeated with regard to the uniformity of sentiments +on the subject of his alliance with the United +States, to hope that this subject will be treated with +the promptness which the juncture requires.</p> + +<p>The indulgence with which Congress has received +the reflections of the undersigned authorises him to +submit these to their wisdom and prudence. He adds, +that there may be reason to fear that longer delays +may give rise to suspicions, and authorise the assertions +which have been made in Europe, respecting a +division of opinions and sentiments prevailing in +Congress, and strengthen the hope which the enemy +continues to entertain of fomenting this domestic discord, +and at the same time of exciting distrust between +the allies by pretending to treat with each of +the States singly, in order to take them separately in +the snare of their credulity, and to deprive them of +the mutual support which they derive from their +union. It is, moreover, well known, that the preliminary +condition of the Court of London to the United +States would be to renounce the alliance formed with +France, to form an offensive coalition, and to restrain +the commerce of America. The undersigned is very +<span class="pagenum"><a name="Page_275" id="Page_275">275</a></span> +far from believing, that the wisdom and rectitude of +Congress do not protect them from the effects of this +insidious policy; but their glory and interests seem to +require, that they should prevent the farther establishment +of an opinion, which, more than anything else, +will contribute to support the false expectation and the +obstinacy of the common enemy.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, March 31st, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>I have the honor to inform you, that the season +proper for my departure for France is coming on, and +I take the liberty to request you to persuade Congress +to hasten the time of it as much as possible. Even if +my health did not require this voyage, circumstances +would have induced me to undertake it, because I perceive +how important it is for the common cause, that +in the present situation of affairs, those men alone, +who are informed of the actual state of things and +opinions in America, and who enjoy an unlimited +confidence, should be employed in this negotiation.</p> + +<p>Besides, Sir, as I must presume from the wisdom of +Congress, that they have made the same reflections, +that they have fixed, or will fix the choice of their +Minister or Ministers Plenipotentiary, in consequence +of what they must also have felt, that the only way of +proceeding is to choose persons, who should enjoy the +fullest confidence of the allied or friendly Courts, and +<span class="pagenum"><a name="Page_276" id="Page_276">276</a></span> +to furnish them with the fullest and most extensive +powers. In this case it will, in my opinion, be proper +that I should depart with one or more of your Ministers, +and it is an additional motive for urging this +whole arrangement, with which your own interest +inspires me, by increasing my eagerness to go where +I shall think myself happy to announce, that union +and unanimity prevail in America.</p> + +<p>Moreover, Sir, I request you to inform me in what +manner Congress will judge proper that I should take +my leave, with regard to the secrecy, which I endeavor +to keep as to my speedy departure. I also flatter myself, +that if they shall think proper to give me any +commission, they will rely upon my carrying into +France the same zeal for the interests of the United +States and of the common cause, of which I have +sought to give proofs during my residence in America.</p> + +<p> +I have the honor to be, with respect and esteem, +Sir, your most obedient humble servant,</p> +<p class="signed">GERARD.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Mount Pleasant, April 6th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>I have the honor of sending you the abstract of +news, which I have just received from Martinique. It +is not very interesting, but it will at least make +known the present state of things. I send at the same +time a paper relative to a financial operation, which has +been performed in France. I request you to send it +<span class="pagenum"><a name="Page_277" id="Page_277">277</a></span> +back to me again, and to accept the sentiments of +respect with which I have the honor to be, Sir, &c.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3><i>Abstract of several Letters, dated Martinique, February +25th.</i></h3> + +<p>"The King's vessels, Robuste of seventyfour guns, +commanded by the Count de Grasse, commander of the +squadron; Magnifique of seventyfour, by M. de +Branche; Dauphin Royal of seventy, by M. de Mitton; +and Vengeur of sixtyfour, by M. de Retz, having +sailed from Brest the 14th of January, arrived at Fort +Royal the 20th of this month. They had on board the +second field regiment, eight hundred and fifty recruits, +and a company of miners."</p> + +<p><i>March 6th.</i> "We learn that Admiral Byron has on his +part also received a reinforcement, but we do not know +the force of it. He has not yet undertaken any operation. +He has only twice sailed out with some ships, but he returned +the day after. It is true, that he has not troops +enough to make conquests and to preserve them. Sickness +continues to make great ravages among those that are +at St Lucia."</p> + +<p><i>March 9th.</i> "The convoy from France, so much +wished for, has just arrived, attended by many vessels.</p> + +<p>"The islands of St Martin and St Bartholomew, which +the English had taken from us, have just been retaken +without much exertion by three of our frigates, and an +end put to the triumph, which our enemies had reaped +from this easy conquest.</p> + +<p>"M. de Kersin, the lieutenant of the ship, took two +<span class="pagenum"><a name="Page_278" id="Page_278">278</a></span> +prizes last week; one a merchant store-ship called Eliza, +armed with twentyeight twelve pounders. Her crew consisted +of one hundred and forty men, and her cargo of +provisions and sails, to the value of twentyfive thousand +livres. The store-ship was sheathed with copper. The +other is a privateer of eighteen guns, and with a crew of +seventysix men. Some American privateers have sent +here two prizes coming from Halifax, loaded with fish and +boards. The Minerva has also carried to Cape François +another English frigate of twentyfour guns. The ability +of the captain saved her from the danger of being taken +by a ship of war and three frigates, by which she had been +surprised in a calm."</p> + +<p><i>Baltimore, April 2d.</i> "The captain of a sloop, which +has arrived in twentytwo days from Martinique, reports that +sickness had made dreadful ravages in the English army +and fleet at St Lucia, that the two squadrons are supposed +to be nearly equal in force, that the French frigates, +are constantly at sea, often engaging with the English, that +one of the former has taken the frigate Liverpool of +twentysix guns, that in other respects, the situation of the +French is entirely satisfactory to them, and that they appear +to be unconcerned with regard to the success of the +operations, which Admiral Byron intends to undertake."</p> + +<p><i>Martinique, March 14th.</i> "We learn from France, +that news has been received by Portuguese vessels returned +from India, that the English commenced hostilities +against the French in the month of April. A ship of war +and a frigate attacked at that time the Brilliant, of seventyfour +guns, commanded by M. de Tronjoly, who repelled +the attack. We learn also, that they are making great +exertions for the repair and arming of a force of fortyfive +<span class="pagenum"><a name="Page_279" id="Page_279">279</a></span> +privateers, which the royal navy has taken from the English, +and that the greater part of these vessels will in a +short time be ready to sail."</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, April 24th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>Although the undersigned is not invested with any +power on the part of his Catholic Majesty, he hopes that +the Congress of the United States of North America, +knowing the closeness of the union subsisting between his +Catholic and his Most Christian Majesty, will not be surprised +if the Minister of France has the honor to submit +to them the representations, which two captains of Spanish +vessels have made to Don Juan de Mirales. The facts on +which these representations rest are contained in the annexed +memorial, being taken from the letters of the captains. +In a short time, the proceedings, and the act of +appeal relating to one of the Spanish ships, whose cargo +has been confiscated, will be laid before Congress, as well +as the papers relating to the second ship, if this suffers +the same fate; in order to implore the justice of Congress. +Meanwhile it has been thought proper to communicate the +facts to Congress, in order that they may be pleased previously +to examine this affair, on which we are persuaded +that they will be pleased to bestow the greater attention, as +it involves the observance of a law generally adopted by +commercial nations, for the maintenance of the public security +upon the sea, as well as of the right of neutrality, +which affects the interests of the United States, as much +<span class="pagenum"><a name="Page_280" id="Page_280">280</a></span> +and more than those of any other nation, and in order not +to give just cause of discontent to a power like Spain, by +violating the immunity and dignity of her flag, and by depriving +her subjects of their property without cause or +pretext.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3><i>Memorial respecting two Spanish Vessels.</i></h3> + +<p class="translation">Translation.</p> + +<p>Memorial or relation of the injury sustained by two +Captains of Spanish merchantmen, which had sailed, the +one from the river of London, loaded with merchandise +for Cadiz, on the account and at the risk of Spanish merchants; +and the other from the port of Cadiz, loaded +with wines, fruits, cochineal, and other articles, of the +growth of the Spanish territory, belonging also to Spaniards, +bound for London. These two vessels were stopped +by two different privateers, carrying the flag of the +United States of America, and brought the one to Newbury +and the other to Beverly, and then on the demand +of the owners of the privateer, the cargo of one of them +was declared a lawful prize at Boston, the 28th of last +March. They were on the point of passing sentence on +the other at the same place, and not doubting that it will +suffer the same fate as the first, according to the letters +written by the said Captains from the said port of Boston +to Don Juan de Mirales, one of which is without date, and +the other bearing date of the 3d of this month, he has the +honor to impart their contents to his Excellency M. Gerard, +Minister Plenipotentiary of the Court of France to the +United States of America, requesting him to have the +goodness to lay the information before the honorable Congress +<span class="pagenum"><a name="Page_281" id="Page_281">281</a></span> +of the said States, in order to obtain all the satisfaction +due to the honor of the flag of his Catholic Majesty, +his master, in conformity to the tenor of Articles 14th, +15th, 25th, and 26th, of the treaty of alliance and commerce, +between his Most Christian Majesty and the said +States of America, signed the 6th of February, 1778. +He asks also for the punishment of the infringers of the +treaty, or captors, and requests that the Judges may be +punished, who have unjustly condemned and sentenced as +a lawful prize the said cargo; and provided that the other +vessel has met with the same fate, to sentence them to +the payment of all the indemnities, expenses, damages, +and losses, resulting from the injury sustained by the said +vessels, and the interruption of their voyages, besides the +injury which this occasions to the proprietors of the same; +and this, seeing that at the time in which they were stopped, +his Majesty the King of Spain was at peace with all +the powers of Europe, and consequently had no enemy +to fear; whereas it is possible that since that time, the +state of peace between the Court of Spain and other +powers may have changed, or will change, before the said +Spanish vessels can perform the voyages for which they +were designed; and also the decay of the vessels and of +the merchandise with which they were loaded, and the +great risk offered by a voyage from this continent to any +European port, &c. &c. <i>to wit</i>;</p> + +<p>Captain Joseph Llanos, by his letter without date, +(although there can be no doubt that it comes from Boston) +says, that he sailed from London with his vessel, (without +mentioning its name) belonging to Don Philip Aguixxe +de San Fadder, loaded with merchandise for Cadiz, +amounting to nearly two hundred thousand current piastres, +<span class="pagenum"><a name="Page_282" id="Page_282">282</a></span> +and that in the course of his voyage he was stopped by a +privateer schooner of Newbury, called the Success, Felix +Trask Captain, belonging to Nathaniel Tracy of said Newbury, +and forcibly brought to this place, notwithstanding, +that he assured the said Captain Tracy, that the cargo +belonged entirely to Spaniards, and that he was convinced +of it by the bills of laden found on board, notwithstanding +which, that the said cargo has been sentenced as a lawful +prize, although the papers exhibit no fraud; as will be +seen by the process, which is copied in order to be +presented to the honorable Congress, to which appeal is +made.</p> + +<p>The Captains claim the protection of the honorable +Congress, that of his Excellency M. Gerard, and that of +Don Juan de Miralles; the navigation of the Spanish being +very much injured by the privateers of this continent, there +being three vessels belonging to this nation in the same +situation as the above, brought in by different privateers. +These three vessels also propose to appeal to the honorable +Congress, and are resolved to defend the rights of +the Spanish.</p> + +<p>Captain Joachin Garcia de Luca, commander of a +Spanish ship with three masts, her crew Spanish, says, in +his letter dated at Boston, the 3d of the present month, +that he sailed from Cadiz for London, loaded with wines, +oils, cochineal, and fruits, on the account and at the risk +of Spaniards, and that he was stopped, on the 21st of December, +1778, when pursuing his voyage, by a privateer +frigate, with the flag of the United States of America, +which brought him to Beverly; that having learned that +the owners of the said privateer were desirous, that the +cargo of the Spanish vessel should be confiscated, he went +<span class="pagenum"><a name="Page_283" id="Page_283">283</a></span> +to Boston, where the court of justice sits, before which he +appeared on the 2d of the current month, not knowing at +that time, but he should meet with the same fate, which his +friend Don Joseph de Llanos has suffered with regard to +his cargo, which was condemned on the 28th of last March.</p> + +<p>I, Don Juan de Miralles, truly certify, that the above +was extracted from the letters which the Spanish Captains, +Don Joseph de Llanos and Joachin Garcia de Luca, wrote +to me, and which I received on the 19th current, at eight +o'clock in the evening.</p> + +<p class="signed"> +DON JUAN DE MIRALLES.</p> + +<p class="indent1"><i>Philadelphia, April 21, 1778.</i></p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 3d, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France has learnt, by +despatches from his Court under date of the 25th of December, +that the negotiation, which has been the subject +of the overtures which the said Minister has had the honor +to make to the Congress of the United States of North +America for nearly three months, continues, and that his +said Court earnestly desires, that Congress would be +pleased to take prompt measures to take part in the said +negotiation, as soon as circumstances shall have brought it +to its proper state of advancement, which may happen at +any moment.</p> + +<p class="signed"> +GERARD.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_284" id="Page_284">284</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +May 4th, 1779.</p> + +<p>"The Minister of France delivered to the President a +letter from the King of France, with the following note."</p> + +<p>The custom in Holland, for sending to the States-General +the letters by which the King notifies them of marriages +or births, is to give them to the President of the +week, who then goes to the house of the Ambassador, or +Minister of the King, to compliment him in the name of +the States-General, upon the event which forms the subject +of the letters of notification.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3>FROM THE KING OF FRANCE TO CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_open"> +Very dear, and great Friends and Allies,</p> + +<p>We do not delay informing you of the birth of the Princess, +to whom the Queen, our very dear consort, has just +happily given birth. Our confidence in your friendship +does not permit us to doubt your interest in this event, nor +your participation in the satisfaction which we derive from +this first fruit of the divine blessing on our marriage.</p> + +<p>The interest that we take in the prosperity of your +Republic is our warrant for the pleasure, which we have +in repeating to you the assurances of our esteem, and of +our constant affection. Moreover, we pray God, that he +may keep you, very dear and great friends and allies, +under his holy and worthy protection.</p> + +<p class="signed"> +LOUIS.</p> + +<p>Written at Versailles, December 19th, 1778. +<span class="pagenum"><a name="Page_285" id="Page_285">285</a></span></p> + +<p>"This letter being read, the President, with a committee +consisting of one member from each State, was immediately +to wait upon the Minister, and in the name of the +United States to congratulate him upon the birth of the +Princess. A committee was also appointed to prepare the +draft of an answer to his Majesty's letter."</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 6th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The anxiety of the undersigned, Minister Plenipotentiary +of France, for the maintenance of the most perfect +harmony, and the care which he has been in the habit of +taking from the commencement of the alliance to establish +such a confidence, as can alone maintain it and conduce to +its prosperity, do not allow him to conceal from the Congress +of the United States the perplexity under which he +labors, with regard to informing his Court of the delays +which the negotiation, commenced in the month of February +last, meets with. It must be allowed, that no affair +so important and so pressing ever experienced so much +delay, and the undersigned declares, that he can see no +reason for warning France and Spain against the sinister +interpretations, with which attempts are made to inspire +them in regard to this conduct. The zeal and the good will +of the petitioner do not suggest to him any other expedient, +than that of requesting Congress to approve of his having +the honor of imparting to them, as he now does, his perplexity +and embarrassment. +<span class="pagenum"><a name="Page_286" id="Page_286">286</a></span></p> + +<p>He adds, that the Court of France has received intelligences, +that England was resolved to send a considerable +reinforcement of troops to the continent of North America, +and to carry on the war there with all possible vigor, in +order to proceed to the conquest of America at the same +time by force and by intrigue. The King, in consequence +of his attention to whatever may concern the security and +the happiness of his allies, has ordered his Minister Plenipotentiary +to communicate this intelligence to the Congress +of the United States. The undersigned has the +honor to perform this commission by the present note. +He believes that he should add, that his Majesty, adhering +scrupulously to the spirit and principles of the alliance, +which has the independence of the United States as an +essential object, is always resolved to assist America by all +the means, that the resources of his kingdom, and the general +state of affairs, will permit him successively to devote +to this grand object, without being turned from it by the +idea of any conquest for himself.</p> + +<p>It is in consequence of these same dispositions and of this +same disinterestedness, that his Majesty, although he has +made no engagement to furnish supplies of money to the +United States, and although the active and direct war +which he is carrying on against the common enemy absorbs +his resources, and ought to exempt him from all +accessory and entirely voluntary expenses, is desirous to +contribute to the re-establishment of the American finances, +so far as his own necessities allow him to do so. He has +thought that he should partly fulfil this object, by securing +the payment of the interest on the loans, which have been +stipulated to be paid in France, presuming that the credit +of one of the public funds of the States would effectually +<span class="pagenum"><a name="Page_287" id="Page_287">287</a></span> +contribute to the support of the others, and to the success +of the measures, which the wisdom of Congress may adopt +on this subject. A society of bankers, established under +the authority of the King, has consequently taken upon +itself to make the necessary advances, in the form of a loan +made to America. The undersigned has not yet received +the exact details of this arrangement, but he will have the +honor of communicating them, so soon as he shall receive +them.</p> + +<p>The confidence which the King places in the reciprocal +attachment of the United States of America to the alliance, +can alone induce him to determine upon proceedings, +which are useful only to America, burdensome to France, +and destitute of all advantage for her. His Majesty hopes +to receive reciprocal proofs of these sentiments and feelings, +but he neither demands nor expects anything for +himself on the part of Congress. He only desires, that +the States should employ all the resources at their disposal, +in order to provide for their own security and tranquillity.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 9th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France, having thought +it his duty to take upon himself to inform the Count d'Estaing +of the desire, which Congress had expressed to him, +that the King's squadron should come to the assistance of +Georgia, this Vice-Admiral has just replied, that the superiority +<span class="pagenum"><a name="Page_288" id="Page_288">288</a></span> +of the enemy in the Islands had not till this time, +permitted him to leave those latitudes; but that in consequence +of the intentions of his Majesty, which are, to grant +to the United States, his allies, all the assistance compatible +with the security of his own possessions, and with the +general position of affairs, he proposes to sail immediately +to the Southern coasts of the States, and to exert himself +for the deliverance of Georgia, and the preservation of the +Carolinas. From thence the King's squadron will sail +to the mouth of the Delaware, and its further operations +will depend upon the agreement that shall be made between +Congress and the commander of his Majesty's +forces, and will be calculated for the greatest advantage +of the United States.</p> + +<p>The undersigned has no doubt, that this new proof +of his Majesty's generous and disinterested friendship +strengthens the confidence, with which these engagements +and his conduct must have inspired the governments and +people of America. Facts so evident will serve, on the +other hand, to confound those ill-disposed men, who, by +silent and clandestine insinuations, destitute of all proof, and +of all probability, directed solely by private views, and evidently +opposed to the honor and interest of the confederated +Republic, seek to sow distrusts and jealousies, of +which the common enemy alone can reap the advantage.</p> + +<p>The undersigned must add to the details above given, +that it is impossible for the Count d'Estaing to carry provisions +from Martinique sufficient for the campaign, which +he proposes to make in the seas of North America. He +hopes that Congress will be pleased to give the most precise +and effectual orders for their being got in readiness +and placed on the coast, so that the squadron may easily +<span class="pagenum"><a name="Page_289" id="Page_289">289</a></span> +take them on board. The undersigned Minister, hopes +that Congress will be pleased to inform him successively +of what shall be done on this subject, since the said Minister +must be personally responsible for these measures, +the failure of which would expose to the greatest misfortunes +the forces, which the King has destined to bring +direct and immediate assistance to the United States, +although his engagements, which he will always scrupulously +fulfil, do not impose this duty on him.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 9th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>When the Congress of the United States did me the +honor to ask my concurrence in inducing the Count d'Estaing +to assist Georgia, I asserted, that this Vice-Admiral, +in conformity with the intentions of the King, would do all +that circumstances should permit. I proposed at the same +time the means of proceeding to the execution of this +plan; but Congress observed an entire silence, and did not +deign to inform me of their resolution. It was only through +a public channel, that I learned that the plan was abandoned; +but my zeal having led me to write previously to +the Count d'Estaing, and having received the answer of +this Vice-Admiral, I do not think, Sir, that the interest +of the alliance and of the United States allows me to act +according to the presumed negative resolution of Congress, +<span class="pagenum"><a name="Page_290" id="Page_290">290</a></span> +and I request you consequently to submit to that body +the annexed Memorial.<a name="FNanchor_25" id="FNanchor_25" href="#Footnote_25" class="fnanchor">[25]</a></p> + +<p> +I have the honor to be, with the highest esteem, Sir, +your humble and most obedient servant.</p> + +<p class="signed">GERARD. +</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_25" id="Footnote_25" href="#FNanchor_25"><span class="label">[25]</span></a> This Memorial is missing.</p></div></div> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 19th, 1789.</p> + +<p class="letter_open">Sir,</p> + +<p>I take the liberty of addressing to you a note of Don +Juan de Miralles, concerning the Spanish ships carried +into New England, and beg you to lay it before Congress, +and to represent to them, that there is reason to fear, if the +appeal which the council of Boston has reserved to itself +should be decided before any measures be taken by Congress, +the ships and merchandise will be sold, to the irreparable +loss of the Spaniards.</p> + +<p> +I have the honor to be, with sentiments of the greatest +respect, Sir, your most obedient humble servant.</p> + +<p class="signed">GERARD. +</p> +<div class="thought_break"></div> + +<h3>MEMORIAL.</h3> + +<p class="translation">Translation.</p> + +<p>Don Juan de Miralles, who, under date of the 21st of +April last, had the honor to present a Memorial to his Excellency +M. Gerard, Minister Plenipotentiary of the Court +of France to the United States of America, to inform him +of the proceedings of different privateers, with the flag of +<span class="pagenum"><a name="Page_291" id="Page_291">291</a></span> +the said United States, against three vessels lawfully provided +with the Spanish flag, which had sailed, one of them +from London for Cadiz, and the two others from Cadiz +for England, loaded with merchandise belonging, as well +as the said vessels, to subjects of his Catholic Majesty, his +master, which have been carried into different ports of +New England, under the jurisdiction of the Province of +Massachusetts, and that the respective indictments have +been drawn against them before the Court of Admiralty of +the city of Boston, where the cargo of one of the said vessels +which sailed from London has been condemned, to +the profit of the owners and crew of the privateer which +captured her; another of the said vessels, which sailed +from Cadiz, has also been condemned, and there is no +doubt that the third has suffered or will suffer the same +fate.</p> + +<p>Don Joseph de Llanos, Captain of the vessel which +sailed from London, and Don Joachin Garcia de Luca, +of the other which sailed from Cadiz, which, as has been +said, have been condemned, have sent me an express, with +copies of the said proceedings, which I have had the honor, +in concurrence with the said M. Gerard, and in his presence, +to deliver to his Excellency the President of the +Honorable Congress, who was so kind as to receive them, +and to offer to lay them before the Honorable Congress, +in order that it may take into consideration an affair of so +great consequence, and be pleased to order what is just, +as well as it regards the interest of the proprietors of the +vessels and cargoes, as the honor due to every neutral flag, +and particularly to that of his Catholic Majesty.</p> + +<p>Having learnt, that considering that the said court of +Boston has not agreed to grant to the said condemned +<span class="pagenum"><a name="Page_292" id="Page_292">292</a></span> +Captains the appeal, which they have made from their sentences +to the said Honorable Congress, and which has +only been referred to the Supreme Court of the said Province +of Massachusetts, they are to judge the said indictment +definitively, in the last resort, and that there is no +doubt that the first sentences pronounced by the Court of +Admiralty of Boston will be confirmed; the said Don +Juan de Miralles earnestly requests his Excellency, the said +M. Gerard, that he would be pleased to interpose his influence +and his mediation with the said Honorable Congress, +in order that it may have the goodness to pass a resolution +ordering the said Supreme Court of Massachusetts, and +every other tribunal, to suspend every proceeding and +determination with regard to the aforesaid three Spanish +vessels and their cargoes, until the said Honorable Congress +shall have decided definitively on this affair, and that +this may be done soon, so that the order, which it may +be pleased to give, may arrive at Boston before the said +5th of June next, which is the time at which the said +causes are to be judged definitively and in the last resort.</p> + +<p class="signed"> +JUAN DE MIRALLES.</p> + +<p class="indent1"><i>Philadelphia, May 18, 1779.</i></p> + +<div class="thought_break"></div> + +<p>The foregoing letter from the Minister of France, together +with that of Don Juan de Miralles, was referred to +Mr Burke, Mr Duane, and Mr Lovell, who on the 22d +delivered in a report, and thereupon Congress passed the +following resolution.</p> + +<p>Resolved, That the resolutions of Congress passed the +6th day of March last, relative to the control of Congress, +by appeal in the last resort, over all jurisdictions for deciding +<span class="pagenum"><a name="Page_293" id="Page_293">293</a></span> +the legality of captures on the high seas, be immediately +transmitted to the several States, and that they be +respectively requested to take effectual measures for conforming +therewith.</p> + +<p>Resolved, That the following letter be written to the +Minister Plenipotentiary of France, and signed by the +President.</p> + +<div class="blockquot"> + +<p>"Sir,</p> + +<p>"Congress having taken into consideration your letter of +the 19th of this month, I am directed to assure you, that +as soon as the matter shall in due course come before +them, they will attend very particularly to the cases of the +vessels, stated in the note from Don Juan de Miralles, to +have been sailing under the flag of his Catholic Majesty, +and captured by armed vessels under the flag of the United +States, and that they will cause the law of nations to be +most strictly observed; that if it shall be found after due +trial, that the owners of the captured vessels have suffered +damage from the misapprehension or violation of <i>the rights +of war</i> and <i>neutrality</i>, Congress will cause reparation to be +made, in such a manner as to do ample justice, and vindicate +the honor of the Spanish flag. That Congress have +every possible disposition to cultivate the most perfect harmony +with his Catholic Majesty, and to encourage the +most liberal and friendly intercourse between his subjects +and the citizens of these United States.</p> + +<p>"But they cannot consistently with the powers intrusted +to them, and the rights of the States and of individuals, in +any case suspend or interrupt the ordinary course of justice."</p> +</div> +<div class="thought_break"></div> +<h3>TO THE PRESIDENT OF CONGRESS,</h3> +<p><span class="pagenum"><a name="Page_294" id="Page_294">294</a></span></p> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 22d, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France, not having +been hitherto informed by Congress of the result of their +deliberations upon the important overtures, which have +formed for more than three months the constant subject +of his representations, has reason to presume, that the +resolutions relative to them have not yet been passed. +Delays, so long and so unnatural, in a matter so clear, and +in a juncture which requires so much celerity, and which +so essentially concerns the United States, have rendered +the undersigned apprehensive lest some doubt had arisen, +either as to the main point of the matter, or as to the manner +of proceeding, or as to the dispositions and views of +the King; and as the said Minister is instructed to conceal +from Congress nothing that can be useful to the interests of +the United States, he asks permission to submit to them the +summary of the most essential things, which seemed to him +to deserve attention in the further course of its deliberations.</p> + +<p>It is well known, that the direct and essential object of +the alliance, which subsists between his Most Christian +Majesty and the United States, is to <i>maintain effectually +the liberty, the sovereignty, and the independence, absolute +and unlimited, of the said States, as well with respect to +government as to commerce</i>, and consequently, the territorial +rights belonging to sovereignty. To this object all the +efforts and proceedings of the King are constantly tending. +It is in order to attain it, and to procure for the people of +<span class="pagenum"><a name="Page_295" id="Page_295">295</a></span> +America the power of this valuable independence, and the +cessation of the evils and dangers under which an active +and obstinate war makes them groan, that his Majesty has +undertaken a difficult and expensive war against England, +without any view of personal interest, and even with the +refusal of the advantages which the United States appeared +ready to grant him. He has already given brilliant proofs, +that his friendship does not confine itself to the mere fulfilment +of his engagements. He is in fact disposed to give +to the United States all the assistance compatible with the +situation of his own affairs, and with the general state of +things, and he regards the interests of the United States as +his own, in everything that relates to the object of the alliance, +and that is conformable to the invariable principles +on which his reciprocal connexions with the United States +are founded. It is in consequence of his attention to execute +literally the treaty of alliance, that he has not lost a +moment in informing Congress of the overtures relative to +the projected pacification, in entreating them to take without +delay that part in this negotiation, which the dignity and +interests of the United States require. He has moreover +repeated to Congress the promise, that he would not treat +with the common enemy, without making it a primary and +essential condition, that the independence of the United +States should be acknowledged, conformably to the stipulations +of the treaty of alliance. His Majesty has at the +same time ordered his Minister Plenipotentiary to lay +before Congress some considerations relative to the state +of affairs, and particularly to observe to them, that the alliance, +unless victorious, cannot dictate terms to the common +enemy. The undersigned has executed these orders +either verbally or in writing. +<span class="pagenum"><a name="Page_296" id="Page_296">296</a></span></p> + +<p>It is evident then, that his Majesty desires only the tranquillity +and prosperity of America, upon the foundation of +an honorable and firm peace, conformable to the stipulations +of the treaty of alliance. He rejects every idea of +conquest and acquisition of territory for himself. In order +promptly to attain this advantageous object, and to fulfil +his engagements, he is disposed to carry on the war with +vigor, if the common enemy refuses the pacific system, +which his Majesty has announced to the whole world, and +which the United States adopted on signing the alliance. +But in case that the perseverance of the Court of London +in the desire to subdue, or to conquer America, should +prolong the calamities of the war, his Majesty will consider +himself at liberty to concert with the United States all the +further measures adapted to this new order of things, and +conformably to the mutual interests of the allies and of the +common cause. It is thus that the King fulfils, and proposes +to fulfil, the duties resulting from Articles 1st and +8th of the treaty of alliance, by urging on one side the +United States to participate in the negotiation, which can +conduct to the conclusion of a truce and of a peace, by +making common cause with the said States, and on the +other side, by enabling the two allies mutually to assist +each other by their good offices, their councils, and their +forces, as circumstances may require; in fine, by showing +his perseverance, conformably to Article 8th, in the resolution +not to lay down arms till independence shall have +been formally or tacitly acknowledged. But as this last stipulation +limits his Majesty's engagements on this subject +to the very time of this acknowledgment, if England immediately +agrees to this essential condition, his Most Christian +Majesty will have fulfilled all his positive and direct +engagements in relation to the conclusion of peace. +<span class="pagenum"><a name="Page_297" id="Page_297">297</a></span></p> + +<p>It follows from these observations,</p> + +<p>1st. That the King has engaged to procure for the +United States, by means of arms, the acknowledgment of +their independence, and that his Majesty is faithful to fulfil +this obligation, and even disposed to lend them assistance, +to which he is not obliged by the treaty.</p> + +<p>2dly. That he has made no other engagements than +those expressed in the stipulations of the treaty.</p> + +<p>3dly. That the United States have neither title nor +right to require anything more, and that if they wish to +persuade him to further engagements, it can only be voluntary +on his part, and by uniting <i>reciprocal counsels</i>, conformably +to the expression of Article 1st of the treaty, and +as is proper for <i>good and faithful allies</i>. Even in this case, +it is impossible to foresee the state of things and minds in +Europe, or to judge what measures the important care of +maintaining his reputation, and the system of equity and +moderation, which he has made the fundamental principle +of his reign, may require on his Majesty's part. These +considerations seem particularly due to an ally, when he +has contracted gratuitous obligations without any reciprocal +advantages.</p> + +<p>4thly. By uniting the expressions of Articles 11th and +12th, it will be seen, that the success of the war being +alone able to fix the fate of empires, it has been found impossible +on concluding the treaty of alliance to determine +the possessions that the United States may obtain on making +peace; that consequently, the engagement of France +can only be conditional and eventual on this subject; that +she is not now held to any particular engagement, in relation +to these possessions, whether real or pretended; and +that this obligation will not commence till the time in which +<span class="pagenum"><a name="Page_298" id="Page_298">298</a></span> +the possessions of the United States shall be fixed by the +cessation of the war.</p> + +<p>5thly. In fine, it is indispensable to add to these considerations, +that when any doubt arises as to the expressions, +the extent and the application of the stipulations of +a treaty, the laws of reason, and of universal justice, as +well as the rules of a good and faithful alliance, decide, +that an ally has no right to interpret it arbitrarily and partially; +that the attempt would at the same time offend the +dignity, and destroy the confidence of his ally; that neither +of them can in fact arrogate to himself the superiority in +connexions, which ought to be equal and reciprocal; that +it is only by a friendly explanation, by a formal agreement, +that these doubts can be removed, and the exact meaning +of treaties determined; that in short, this method would +become still more indispensable, if it should happen, that +the pretensions of one of the parties were founded only +upon farfetched inductions, subject to discussion and contradiction, +and would tend to alter the essential and fundamental +system of an alliance.</p> + +<p>The Minister Plenipotentiary of France is fully confident, +that the Congress of the United States, knowing the +laws of proceedings, and the respect which Sovereigns +mutually owe to each other, will observe them in their conduct +towards his Most Christian Majesty; but the important, +critical, and pressing juncture, in which the affairs of +the alliance stand at the present moment, imposes on the +undersigned Minister the sacred duty of contributing, as +much as lies in his power, to hasten the resolutions of Congress, +to prevent all mistakes and every subject of misunderstanding, +to preserve the most perfect harmony and +uniformity of views and sentiments, concerning the accomplishment +<span class="pagenum"><a name="Page_299" id="Page_299">299</a></span> +of the advantageous stipulations of the alliance, +and thus to deceive the expectation of the common enemy, +who henceforth founds his principal hopes on the divisions, +which he is intent upon fomenting. In fine, one of +the objects of this Memorial is, to prove, solemnly, the faithful +and friendly conduct of the King in this juncture, his +Majesty hoping, that the knowledge of this conduct will +confirm the governments and people of America in the +sentiments of confidence, which the proceedings of his said +Majesty have already inspired. It is only by thus placing +before the eyes of Congress the indubitable principles expressed +above, that the Minister Plenipotentiary of France +thought that he could fulfil his duties to the King, his master, +and to the alliance, and protect from all reproach his +zeal for the common cause between France and America.</p> + +<p>If he has deceived himself in his conjectures, as to the +immediate and apparent utility of his mode of proceeding, +he begs Congress to accept his excuses for having consumed +time of so much value, and he flatters himself, that +knowing his attachment to the alliance, and to the United +States, it will attribute his conduct to these sentiments +alone.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 24th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>I avail myself of the first respite, which my sickness +allows me, to congratulate you as well as Congress upon +the resolution, which I am assured they have taken, in relation +<span class="pagenum"><a name="Page_300" id="Page_300">300</a></span> +to their finances. The execution of the system, +which appeared connected with this first operation of a tax, +will show to your friends and your enemies the extent of +your resources, your firmness, and your ability to make a +suitable and efficacious use of them. The eagerness with +which the people seemed to expect an arrangement of this +kind, gives beforehand the proof of their favorable dispositions +and of their good will. This state of things, Sir, +cannot but strengthen the very friendly intentions of the +King, my master, by the confidence with which your own +efforts, and the displaying of the resources of America, will +inspire him in your dispositions. It will only remain for +you to show vigor in your military operations, in order to +destroy the hope entertained by the common enemy, of +conquering America; then everything will inspire us with +the hope of soon seeing the happy day dawn, in which +America will enjoy independence, together with the advantages +and delights of peace. Congress has received all +the possible assurances of the King's, my master's, desire to +hasten that moment, and he is convinced, that Congress +will place no obstacle in the way.</p> + +<p> +I have the honor to be, with respectful esteem, Sir, your +humble and most obedient servant.</p> + +<p class="signed">GERARD. +</p> + +<div class="thought_break"></div> + +<p><i>May 24th.</i> Information being given to Congress of +some outrages and wanton barbarities, committed on subjects +of France by the enemy, on their landing in Virginia, +the following resolutions were passed.</p> + +<p>Whereas it has been represented to Congress, that the +enemy at the time of, and since their landing in Virginia, +have perpetrated the most unnecessary, wanton, and outrageous +<span class="pagenum"><a name="Page_301" id="Page_301">301</a></span> +barbarities, on divers of the citizens of that State, +as well as on several of the subjects of his Most Christian +Majesty residing therein, deliberately putting many of them +to death in cool blood, after they had surrendered, abusing +women, and desolating the country with fire,</p> + +<p>Resolved, That the Governor of Virginia, be requested +to cause diligent inquiry to be made into the truth of the +above representations, and to transmit to Congress the evidence +he may collect on the subject.</p> + +<p>Resolved, That Congress will retaliate for cruelties and +violations of the laws of nations committed in these States, +against the subjects of his Most Christian Majesty, in like +manner and measure as if committed against citizens of the +said States, and that the protection of Congress shall be on +all occasions equally extended to both.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation</p> + +<p class="letter_head"> +Philadelphia, May 25th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>I have received with the most lively satisfaction the letter +with which you honored me on the 24th of this month, +as well as the resolutions of Congress of the same date, +which accompanied it, and which relate to the atrocious +actions committed by the enemy's troops in Virginia, which +violate equally the laws of war established between civilized +nations, and the first principles of humanity, and attack +the foundations of all human society.</p> + +<p>The whole world cannot but be convinced of the justice +of the necessary measures to which the conduct of the +<span class="pagenum"><a name="Page_302" id="Page_302">302</a></span> +common enemy compels Congress to have recourse, in +order if possible to put an end to such horrible excesses.</p> + +<p>I must confine myself here, Sir, to requesting you to +place before Congress this assurance of the sensibility with +which the King, my master, and the whole French nation +will receive the strong proof of friendship, union, and identity +of feelings and interests, which the United States give +in declaring, that they will make no distinction, in this respect, +between their own subjects and those of their ally. +This will give the common enemy a new evidence of the +inviolability of the alliance which unites the two nations, +and will afford the French, who have already given so +many proofs of their individual attachment to the sentiments +of the alliance, and of their zeal for the United +States, a new motive of encouragement. By thus increasing +more and more the connexions and the mutual confidence, +the means of braving the effects of the ambition and +the revenge of the common enemy will be increased.</p> + +<p> +I have the honor to be, with respect and esteem, Sir, +your most humble and obedient servant.</p> + +<p class="signed">GERARD. +</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 27th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France, in consequence +of the sentiment and the views, which have prompted his +previous representations, has the honor to observe to the +representatives of the United States of America in Congress +assembled, that independently of the principal and +<span class="pagenum"><a name="Page_303" id="Page_303">303</a></span> +direct interest of the confederated republic in the overtures +of pacification, which the undersigned has been ordered to +make to Congress, the general good of the alliance urges +with all possible earnestness the hastening of the resolution +of the said States. It is in fact only by enabling the +Court of Spain to bring its mediation to its critical and +decisive point, that it can be hoped that this power, convinced +of the injustice of the views and of the ambition of +England, will join the alliance, acknowledge the independence +of the United States, and take an active part in the +war. On the contrary, by delaying without communicating +to the parties interested the motives which induce them +to it, the States will be in danger of fatiguing this power, +which keeps on foot the forces of the whole monarchy, +principally with a view to give respectability to a mediation +which appears to be neglected; they incur the risk of +cooling the good will of his Catholic Majesty, and perhaps +of alienating him as much by delays, as if resolutions, contrary +to the system which he has appeared disposed to +favor by his mediation, should give him lawful reasons for +changing his conduct.</p> + +<p>The alliance will thus be deprived of a decisive support, +which the goodness of its cause, the wisdom of its conduct, +and the close union subsisting between France and Spain +seemed to promise it. Moreover, the suspension of the +said resolutions operates equally in another point of view, +in a manner the most disadvantageous for the alliance in +general, and for France in particular. On the one side, +in fact, the expectation of the resolutions of Congress +necessarily infuses into plans and measures an uncertainty +injurious to the common good, and if the Count d'Estaing +does not carry into execution the plan of coming upon the +<span class="pagenum"><a name="Page_304" id="Page_304">304</a></span> +American coast, it can only be attributed to this cause. +On the other hand, the season is already so far advanced, +that this same uncertainty, by destroying the hope of seeing +Spain declare herself during the course of the present +campaign, leaves France alone exposed to the efforts of the +principal body of the enemy's forces.</p> + +<p>The wisdom of Congress, and the faithful attachment +which they show on every occasion, in a manner as conspicuous +as it is satisfactory to the alliance, and the respect +which they have always expressed for Spain, do not permit +a doubt as to the attention which they will be pleased +to give to considerations of such importance. The present +Memorial is the last tribute that the zeal of the Minister +Plenipotentiary of France will allow him to consecrate to +the duty of facilitating and accelerating, as much as lies in +his power, the deliberations of Congress, by suggesting +considerations which might have such an influence.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<p><i>June 22d.</i> A Memorial from the Minister Plenipotentiary +of France was read, accompanied with a commission +given by him to the Sieur de St Hilaire, appointing him +Vice-Consul for the port of Alexandria in Virginia. Ordered, +that the same be referred to the Marine Committee +to take order thereon.</p> + +<p>Another Memorial from the Minister was received and +read, accompanied with two Memorials relative to violences, +of which divers subjects of his Majesty complain. These +were also referred to the Marine Committee.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_305" id="Page_305">305</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, June 21st, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France has the honor +to represent to the Congress of the United States of America, +that the daily experience of several ports of the continent +proves how prejudicial the want of the proper regulations +for maintaining the immunity of the flag, which is +the foundation of a free commerce, is to navigators, to +French merchants, and even to the interests and to the +honor of the French nation. The treaty of commerce has +foreseen this state of things, and has expressed the wish of +the two parties to remedy it. The undersigned would +have proposed to Congress, some time ago, to enter upon +this negotiation, had he not perceived that their time was +occupied by subjects of greater importance; but as the +evil increases daily, it becomes indispensable and urgent +to provide a remedy for it, at least with regard to the +most pressing subjects, and by provisional regulations, +which will have no force till the contract, stipulated by the +treaty of commerce, is made.</p> + +<p>The Minister Plenipotentiary consequently thinks it his +duty to lay before Congress the annexed plan, and to propose +a method, which seemed to him calculated to effect +this object.</p> + +<p>Several States, perceiving the inconveniences of the +present uncertainty, seemed disposed to provide a remedy +for it by domestic laws; but the undersigned has not been +willing to urge them, without being previously informed of +the sentiments of Congress on this subject. He consequently +<span class="pagenum"><a name="Page_306" id="Page_306">306</a></span> +requests that body to be pleased to inform him of +them, and if they think proper that the daily complaints +should be redressed by provisional regulations, while waiting +till the subject shall be acted upon by a convention, to +recommend this matter itself to the Legislatures of the +several States. The regulations which they may make +will show by experience, whether they are calculated to +effect this object. They will throw light upon the rules +observed among all commercial nations, and will give to +the United States in general an opportunity of becoming +acquainted with the manner in which the commerce +between the two nations can be regulated, according to the +principles of justice and equality, which should form the +foundation of all the connexions that shall subsist between +them, and according to the principles and forms which +vary in different States.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 5th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France, has already +had the honor to recommend to Congress the request +made by the King's navy agent in relation to the expedition +of the ship Defence, loaded with provisions for Cape +François. He renews his entreaties by the present Memorial. +The quantity of provisions on board this vessel +is so inconsiderable, particularly considering the abundance +of old grain which we see now, that the undersigned hopes +that Congress will think that the exportation of them may +be allowed, without injury to the service of the army or of +<span class="pagenum"><a name="Page_307" id="Page_307">307</a></span> +the public. The undersigned, however, offers to have +these same provisions received, so as to be deducted from +the quantity promised for his Majesty's squadron, and particularly +the flour, on account of the thousand barrels, to +which the eighteen thousand, promised for the same service, +have been reduced. The want of provisions is so +great at Cape François, particularly in the vessels of +Count d'Estaing's squadron, which are stationed there to +protect the reciprocal commerce, that the said Minister is +ready to subscribe to whatever conditions Congress shall +think proper to impose with regard to this expedition. +But he requests with the greatest earnestness, that they +would be pleased not to defer giving a positive answer, in +order not to increase, if its decision is in the negative, the +costs and expenses which the King will be obliged to pay +to the proprietors and fitters out of the said vessel.</p> + +<p>With regard to its destination, the undersigned had +thought that he could flatter himself, that his character and +conduct would prevent the doubts which a member of +Congress has communicated in writing to the King's navy +agent. Nevertheless, as so weighty a suspicion, declared +in so serious a manner, and impeaching the probity and +fidelity of the officers of the King, acting immediately under +the direction of the said Minister, cannot have been suggested +to Congress without important reasons, the undersigned +entreats and requests them to be pleased to cause +an account to be rendered of the reasons of his suspicions, +and of the facts upon which they may have been grounded. +The undersigned requests further, that the result of this +verification may be communicated to him, in order that he +may be in a situation to take the further part, that the dignity +of the King, his respect for Congress, his regard for +<span class="pagenum"><a name="Page_308" id="Page_308">308</a></span> +the public interest of America, and the delicacy which +ought to characterise the conduct of every public man, may +require.</p> + +<p>The undersigned makes the same request, and for the +same reasons, with regard to the accusation made to Congress, +that the vessels, which have been fitted out in the +name of the King, have been loaded with quantities of +flour on individual account. He declares that his first +rule has always been to cause the whole of the vessels to +be freighted on his Majesty's account; but if any frauds +have been committed in this matter, it is of equal importance +to the public good, and to the dignity of the King, +that its authors should be known, in order to prevent +further frauds. The delegates to Congress, by a verbal +declaration made to the King's navy agent, have confined +this imputation to one vessel alone, but it is not less important +that the fact should be verified.</p> + +<p>Besides, although the Minister Plenipotentiary of France +insists on this point, in order to make these odious imputations +fall on those who may deserve them, he could have +contented himself with declaring, that not having the right +of police and inspection over the proprietors, owners, and +Captains of the American vessels, which have been employed +in these transportations, <a name="ought" id="ought"></a>and who ought to be better +acquainted than strangers with the laws of the country, it +is only the officers of the State, appointed to receive the +declarations of the ships which sail from the ports, who +can, in examining the cargoes, determine the frauds which +may have been committed; and that without directly and +positively blaming the officers of the King, they cannot be +made responsible for frauds, which it is not in their power +to prevent. Very far from desiring any connivance on the +<span class="pagenum"><a name="Page_309" id="Page_309">309</a></span> +part of the officers or of the governments of the different +States of America, the undersigned earnestly desires, that +they would be pleased to execute with vigor the powers +which belong to them, and the laws which may have reference +to these subjects.</p> + +<p>The undersigned hopes that Congress will be pleased +not to defer its resolution, whatever it may be, respecting +the ship Defence, till the verification of these facts. The +two affairs have nothing in common, and the Minister +Plenipotentiary, in repeating his offers expressed above, +flatters himself that Congress, if they think proper to permit +this expedition, will find that these arrangements can +be made even after the departure of this vessel.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<p>This Memorial being read, it was immediately</p> + +<p>Resolved, that it be recommended to his Excellency +the Governor of Maryland to permit the ship Defence, +which is loaded with provisions for the fleet of his Most +Christian Majesty, to depart and carry her cargo to the +place of her destination, and that care be taken that she +carry no other provisions than the above, and what may be +necessary for the crew.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 5th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France has the honor +to represent to Congress, that faithful to the promises +<span class="pagenum"><a name="Page_310" id="Page_310">310</a></span> +which that body has asked for, on his part, in relation to +the purchase of provisions destined for the squadron, which +the King sent last year to the assistance of the United +States, he has never authorised any purchase except +through the very overseers appointed by Congress, or +without giving notice of the operation to the members of +the committees intrusted with this business. He has declared +to them several times, that the provisions bought on +the account, and with the money of the King, would always +remain at the disposal of Congress, either for the public +service, or for that of the American army. The undersigned +hopes, that their members will be witnesses of it to +Congress. Delicacy has been carried so far, that it has +been preferred to expose the King's squadron to the want +of provisions, which it has procured only in consequence of +some happy accidents, rather than to break through an arrangement +which Congress had judged necessary. The +same principle has guided the conduct which has been pursued +in the last place, when the undersigned, by his knowledge +of the chief motives of Congress, having been obliged +to demand the assurance of a certain quantity of provisions, +the difficulty of circumstances induced him to combine +purchases by way of commerce with the direct measures +which Congress has judged proper to take. As Congress +must have been informed of all that has taken place on this +subject, the undersigned will not introduce it again here, +and he will abstain from all reflection.</p> + +<p>He confines himself to representing to Congress, that +the produce of these private purchases is reduced to a +very small quantity, by the obstacles which the continental +officers have thrown in their way, and by the seizure, by +authority, of the articles bought, as well as by other similar +<span class="pagenum"><a name="Page_311" id="Page_311">311</a></span> +events; and the agents employed on the King's account, +being thus deprived of the security and of the power which +every American citizen, and every foreign merchant enjoys, +and the property of the King being so uncertain and +exposed, the undersigned begs Congress to be pleased to +cause all the provisions bought on the account and with +the money of his Majesty, to be placed in the hands of +the officers whom they shall judge proper to appoint for +this purpose, in order that Congress may dispose of them +in such manner as their own prudence and the public +interest shall dictate; the undersigned declaring, that from +the moment in which he was informed of these proceedings +and of these obstacles, he has given order to put an end +to every kind of purchase and supply of provisions. He +annexes here the note of the provisions now in the hands +of the King's agents; and if the commissions given heretofore +have produced a greater quantity of them, he will +have the honor to give notice of it to Congress, according +as he shall be informed of it himself.</p> + +<p>But he must at the same time call the attention of Congress +to the proposition, which he had the honor to make +to them by the Memorial which contains the request for +this new supply, that is to say, that they would be pleased +to declare, whether the Minister Plenipotentiary of France +may reckon upon the quantity of provisions, which are necessary +for the important object which he has had the +honor to communicate to Congress. In order to facilitate +the success of his measures on this subject, the undersigned +confines himself at the present time to requesting, that the +quantity of five thousand barrels of flour may be immediately +held in readiness. The remainder can be furnished +in the course of September next, from grain the product +of this year's harvest. +<span class="pagenum"><a name="Page_312" id="Page_312">312</a></span></p> + +<p>The reasons alleged in the said Memorial compel the +undersigned to repeat to Congress the formal demand of +a prompt and explicit answer, with which he has not hitherto +been honored. Congress has too much wisdom for +any one to allow himself to set forth to it all the inconveniences +which might result to America, and to the alliance +from the least delay. The reports hitherto communicated +are so uncertain, that it is impossible to make them the +foundation of a confidence, which the experience of the +past does not encourage, unless Congress authorises them +by its sanction. A formal and explicit assurance on the +part of Congress can alone effect an object so important, +upon which the Minister Plenipotentiary of France has +insisted since the month of May, and which the advancement +of the season renders still more critical and pressing.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3>REPORT OF A COMMITTEE RESPECTING A CONFERENCE +WITH THE MINISTER OF FRANCE.</h3> + +<p class="letter_head"> +In Congress, July 10th, 1779.</p> + +<p>The President informed Congress, that the Minister of +France had communicated to him certain intelligence, +about which it would, in his opinion, be expedient for +Congress to confer with the Minister.</p> + +<p>Resolved, That the honorable M. Gerard be informed +by the President, that Congress are desirous of +conferring with him in a committee of the whole, on the +subject of the intelligence communicated by him to the +President, and that if agreeable to him, a private audience +be had on Monday next, at 12 o'clock.</p> + +<p><i>Monday, July 12th.</i> The President informed the +<span class="pagenum"><a name="Page_313" id="Page_313">313</a></span> +house, that he had communicated to the Minister of France +the resolution of Saturday, and that the Minister had +agreed to meet Congress, in a committee of the whole, at +12 o'clock. Whereupon Congress was resolved into a +committee of the whole, and had a conference with the +Minister, and on the 14th of July, Mr Laurens, chairman +of the committee, reported,</p> + +<p>That in obedience to the order of Congress, the committee +of the whole have conferred with the Minister Plenipotentiary +of France, who introduced the conference by +saying, that he had received some despatches from his +Court, which he was ordered to communicate to Congress, +but that he expected no answer. That though it was not +the usual practice to offer communications of this nature in +writing, yet as it had been intimated to him by the President, +that this mode would be most agreeable to Congress, +he had committed the heads of them to paper, not as a +Memorial, but merely for the assistance of the memory, in +a form to which the term of "<i>ad statum legendi</i>" is appropriated +by the usage of the Courts of Europe; that in +reading the said paper he would take the liberty of making +some explanations and reflections.</p> + +<p>That he then proceeded to read the paper herewith delivered, +marked No. 1, divided into seven Articles, and at +the close of each separate Article he added explanations +and reflections, the substance of which the committee have +endeavored to recollect, and have committed to writing in +the paper marked No 2.</p> +<p><span class="pagenum"><a name="Page_314" id="Page_314">314</a></span></p> + +<p class="translation">NO. I.</p> + +<p class="translation"><i>Ad statum legendi.</i></p> + +<p>1st. The King has approved all the overtures, which +were made by his Minister Plenipotentiary to the Honorable +Congress, respecting the affairs of M. de Beaumarchais. +Therefore a line ought to be drawn between the +stores, which this gentleman has been permitted to take +out of the royal magazine, for which he has made himself +debtor to the department of war, and between those articles +which the same gentleman has bought in the common way +of trade for the use of the United States.</p> + +<p>2dly. A hint having been given to the Minister Plenipotentiary, +that Congress desire to recruit their ships in +France, from the English prisoners there, the Court in +consequence of his representations is willing to facilitate +this mode of recruiting seamen.</p> + +<p>3dly. The King and Ministry were extremely pleased +with the resolution, which Congress has taken, to maintain +only one Minister Plenipotentiary at this Court, as well as +with the exclusive appointment of so steady and honest a +man, and so firm and solid a patriot, as Dr Franklin.</p> + +<p>4thly. The Congress has given very great satisfaction to +the Court of France, by the timely and spirited step, which +was taken to disavow a certain ill-grounded and pernicious +doctrine, relating to the mutual obligations of the allies, to +conclude no truce or peace without the knowledge or consent +of <a name="each" id="each"></a>each other. The Court of France is of opinion, +that this doctrine could only be maintained by those men, +whose aim it was by any means to weaken the ties of the +alliance, and to create disgust and diffidence between the +allies. +<span class="pagenum"><a name="Page_315" id="Page_315">315</a></span></p> + +<p>5thly. The Court has received with some surprise the +intelligence, that Congress has published the treaties concluded +with it, without the previous knowledge and consent +of the party interested. It is not to be denied, that +such a proceeding is but little consistent with reason, and +with the general practice of Courts and nations. Nevertheless, +this observation involves not any kind of reproach, +but the King thinks, that so noble and generous a system +of politics could but produce desirable effects by its publication.</p> + +<p>6thly. The intelligence, that in the first month of last +winter there were no adequate preparations made in America +towards a vigorous and successful campaign, was +received at Versailles with all the concern, which the danger +of the United States and the prolongation of the present +contest can create in the most friendly mind. The +Court of France is fully in the opinion, that the exertions +of the United States are necessary to bring the common +enemy to a proper sense of all the disappointments which +he shall meet with.</p> + +<p>7thly. The Court, being desirous to acquaint Congress +exactly with the state of affairs relating to the common +cause, would not delay to inform this honorable body, that +the Court of London, showing on one side dispositions to +a reconciliation with France, rejects on the other side the +very idea of a formal and explicit acknowledgment of +the independence of the United States, which his Most +Christian Majesty perseveres to hold up as a preliminary +and essential condition. The behavior of the common +enemy in this respect rendered a great deal more probable +the conjecture, which was communicated to Congress +some time ago, that the point of honor and pride of the +<span class="pagenum"><a name="Page_316" id="Page_316">316</a></span> +King of England will be the greatest obstacle to the conclusion +of peace upon those explicit terms; and perhaps +the manner of overcoming this difficulty will of course +become the most decisive object of the deliberations of +Congress, when this honorable body shall determine to +make peace, whatever middle way may be hit upon, that +England shall treat with the United States as with a free +people, and evacuate immediately all the territories belonging +to them.</p> + +<h3>NO. II.</h3> +<div class="blockquot"> +<p><i>The Substance of what the Minister said at the Conference +in explanation of the several Articles in the foregoing +Paper, entitled "ad statum legendi," as reported by +the Committee.</i></p></div> + +<p><span class="smcap">Article</span> 1. From the bills and accounts with which +Congress have been furnished by M. de Beaumarchais, +Congress will be enabled to distinguish those articles +which were drawn from the royal magazines, and those +which he supplied in the way of trade. For these last, +Congress will without doubt make remittances to M. de +Beaumarchais in their own way, to enable him to perform +the contracts he has entered into as a merchant. That +for the former articles, the King, his master, taking upon +himself to be creditor to the United States, would wait +until Congress shall find it convenient to make compensation.</p> + +<p><span class="smcap">Article</span> 2. Though his Court had not resolved to retaliate +upon the prisoners taken by the common enemy, +yet for the reasons assigned, the King, his master, had +assented to the proposal. But in carrying this matter into +execution it would be proper to take such precautions, and +<span class="pagenum"><a name="Page_317" id="Page_317">317</a></span> +to give such orders to the Captains, or other persons employed +in this business, that it may be managed with +prudence.</p> + +<p><span class="smcap">Article</span> 3. There is every reason to believe, that +Congress will very soon receive proofs of the confidence, +which his Court was always willing to show to the servants +of these States. The personal character of Dr Franklin +will enable the Court to act with a frankness becoming the +alliance, and they will have no occasion to withhold any +more the secrets which may interest the United States and +the alliance.</p> + +<p><span class="smcap">Article</span> 4. The King, his master, after this explicit +step, relies with the highest confidence upon the candor +and faithfulness of Congress, in understanding as well as +in executing the treaty, and in rejecting every arbitrary and +unnatural interposition or construction, which false, subtle, +or designing men can contrive. Congress by their own +feelings must be sensible, that such interpretations and constructions +are always hurtful, against common decency and +dignity, and may oftentimes endanger mutual confidence, +and of course the very existence of a treaty. But the +sense Congress has manifested in this particular affair gives +his Court the greatest hopes, that there will be no further +motive for the painful reflections, which that affair gave +rise to.</p> + +<p><span class="smcap">Article</span> 5. He begged leave to add, that this publication +interfered with the situation of affairs in Europe, +and was in a certain degree disadvantageous to the common +cause, because it gave the common enemy a full +knowledge of our system, and our mutual engagements, +without procuring us any reason to guess at their views +and resolutions. Happily these inconveniences have not +<span class="pagenum"><a name="Page_318" id="Page_318">318</a></span> +been felt, and ample compensation has been obtained by +convincing the people of America, not only that the treaty +was just and equal, but that the heavy task which France +had taken upon her was magnanimous, gratuitous and +without reward. The whole world was at the same time +convinced, that war, conquest, and ambition, were not the +objects of the alliance, nor of any of the allies, but only the +peaceable enjoyment of the sovereignty, liberty, security, +and independence of these United States. And this conviction +gave much honor, credit, and consideration to the +alliance.</p> + +<p><span class="smcap">Article</span> 6. On this he observed, that he had endeavored +since last fall, by order of his Court, to impress upon +every mind, that England will never evacuate New York +willingly, and could only be brought by proper exertions +on the part of America to think seriously of granting independence. +He believed that Congress had adopted a system +so conformable to their engagements and to the situation +of affairs, his Court was better informed than he was. +But without reflecting on past events, the King hopes, that +his amicable apprehensions will be overcome by the success +of the campaign; that henceforth the United States +will follow the example set them by his Majesty, and that +they will exert themselves in their own cause, as his Majesty +exerts himself for their sakes and in their cause, which +he has adopted.</p> + +<p><span class="smcap">Article</span> 7. He said he was authorised to tell Congress +in confidence, that this reflection is the result of the observations +which the Court of Spain made upon the conduct +of England throughout her negotiation of mediation; that +the British Ministry seem to be solicitous to be reconciled +with France, and to keep up this negotiation; that from +<span class="pagenum"><a name="Page_319" id="Page_319">319</a></span> +thence probable hopes may be entertained of their internal +disposition to peace, but at the same time they reject with +haughtiness the formal acknowledgment of the independence +insisted on by France and Spain. New orders +have been given to the Spanish Ambassador at London, to +ascertain as nearly as possible those dispositions. In these +circumstances, the King, his master, ordered him to communicate +this intelligence to the United States, that they +may, if they think proper, take under consideration, if it +would not be expedient to give their Plenipotentiary instructions +and full powers, founded upon the necessity of +the conjuncture and upon the treaty of alliance, the express +and formal terms of which are, that peace shall not be +made without an express or tacit acknowledgment of the +sovereignty, and, consequently, and <i>à fortiori</i>, of the rights +inherent in sovereignty, as well as of the independency of +the United States in matters of government and of commerce.</p> + +<p>This substantial alternative in an engagement, which is a +mere gratuitous gift, without any compensation or stipulation, +ought, indeed, never to be forgotten in a negotiation +for peace. France foresaw the extreme difficulties, which +a formal and explicit acknowledgment might meet with. +She knew by her own experience in similar contests, in +which she has been deeply concerned, respecting the Republics +of Holland, Genoa, and the Swiss cantons, how +tenacious monarchs are, and how repugnant to pronounce +the humiliating <i>formula</i>. It was only obtained for Holland +<i>tacitly</i>, after a war of thirty years, and <i>explicitly</i> after +a resistance of seventy. To this day, Genoa and the +Swiss cantons have obtained no renunciation or acknowledgment, +either tacit or formal, from their former sovereigns. +<span class="pagenum"><a name="Page_320" id="Page_320">320</a></span> +But they enjoy their sovereignty and independence +only under the guarantee of France. His Court +thought it important to provide, that difficulties of this +nature, which consist merely in words, should not delay +or prevent America from enjoying the thing itself.</p> + +<p>From these considerations arose the very important and +explicit stipulation in the treaty, which he just now mentioned, +and which has received the sanction of the United +States. The circumstances seem such as call for the application +of the alternative of tacit or explicit acknowledgement. +All these considerations are adduced, that Congress +may, if they think proper, consider whether the literal +execution of the treaty in this point is not become +necessary, and whether the safety and happiness of the +American people, as well as the essential principles of the +alliance, are not intimately connected with the resolutions +that may be taken on this subject. And it remains with +the prudence of Congress to examine, whether instructions +upon some particular conditions may not frustrate the salutary +purpose of the treaty of alliance, relative to a tacit +acknowledgment which the situation of affairs may require.</p> + +<p>In thus executing, continued he, the orders I have received, +I cannot omit observing, that these orders were +given with the full presumption, that the business, which I +laid before Congress in February last, would have been +settled long before these despatches should come to my +hands. However sensibly my Court will be disappointed +in its expectations, I shall add nothing to the information +and observations, which, with the warmest zeal for the +interests and honor of both countries, and by the duties of +my office, and my instructions, I found myself bound to +deliver from time to time to Congress, in the course of this +<span class="pagenum"><a name="Page_321" id="Page_321">321</a></span> +business. The apprehension of giving new matter to those +who endeavor to blame Congress is a new motive for me to +be silent. I beg only to remind this honorable body of the +aforesaid information and reflections, and particularly of +those which I had the honor to deliver in an assembly similar +to the present. I shall only insist on a single point, +which I established then and since, in one of my Memorials, +namely, the manifest and striking necessity of enabling +Spain, by the determination of just and moderate +terms, to press upon England with her good offices and +bring her mediation to an issue, in order that we may know +whether we are to expect peace or war. This step is +looked upon in Europe as immediately necessary. It was +the proper object of the message I delivered in February +last. I then established the strong reasons, which require +that at the same time, and without delay, proper terms +should be offered to his Catholic Majesty, in order to reconcile +him perfectly to the American interest. I did not +conceal, that it was to be feared, that any condition inconsistent +with the established system of the alliance, which +is the binding and only law of the allies, and contrary to +the line of conduct, which Spain pursued in the course of +her mediation, would lead her to drop the mediation, and +prevent his Catholic Majesty, by motives of honor and of +faithfulness, from joining in our common cause, and from +completing the intended triumvirate. No loss, no unhappy +event, could be so heavy upon the alliance as this. Indeed, +although the British forces are already kept in check by +the combined efforts of France and America, it is nevertheless +evident, that the accession of Spain can only give to +the alliance a decided superiority, adequate to our purposes, +<span class="pagenum"><a name="Page_322" id="Page_322">322</a></span> +and free us from the fatal chance, that a single unlucky +event may overthrow the balance.</p> + +<div class="thought_break"></div> + +<p>The committee then taking notice of what the Minister +had said concerning a tacit assurance of the independence +of these States, and the reluctance of the King of Great +Britain to make an express acknowledgment thereof, requested +to know his sense concerning the manner in which +such tacit assurance could be given. To which, he premising +that what he should now say ought to be considered +only as his private sentiments, replied, that the British Court +would probably endeavor to avoid an express acknowledgment, +by imitating precedents, that had occurred in Europe +on similar occasions, instancing the cases of the Swiss cantons, +and the United Provinces of the Netherlands; that +the mode adopted in the latter case had been for the Archduke, +to whom the King of Spain had transferred his right +of sovereignty, to treat with them "as with free and independent +States." And that with respect to the cantons, +France had not been able to obtain for them in the treaty +of Munster any other than a declaration, that they should +be in possession of as full liberty and exemption from the +empire, and be in no manner subject to the jurisdiction +thereof. But that in his opinion the circumstances of these +States, and the manner in which they had conducted their +opposition, would justify their expecting a more full declaration.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_323" id="Page_323">323</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 26th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France has received +with gratitude the permission, which the Congress of the +United States has been pleased to grant him, for the expedition +of the ship Defence. His Court will be very sensible +of the regard, which Congress have been pleased to +pay to the situation of the vessels of war stationed at Cape +François.</p> + +<p>The said Minister takes the liberty of reminding Congress +of the request, which he made in one of his Memorials, +dated the 5th of this month, relative to the accusations, +which have been made before the whole House, of +frauds which were thought to have been practised with +regard to the cargo of the ship Defence, and of other +vessels loaded with provisions for the French squadron. +The undersigned has, by writing, on the 17th of this month, +urged the committee intrusted with this verification, to be +pleased to hasten its report, and he takes the liberty of +addressing the same request to the Congress of the United +States itself. Congress is also referred to the reflections +contained in his said Memorial of the 5th instant.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_324" id="Page_324">324</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 26th, 1779</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France has received +the resolution of Congress, dated the 15th of this month, +in relation to the supplies of provisions destined for the +squadron of the King. He requests Congress to accept +his thanks for the measures, which have been taken to +effect this important object. He is only under the necessity +of representing, that no one of the officers of the King +can, and that no American citizen will, take it upon himself +to receive and take care of the provisions destined +for this purpose. The unjust and arbitrary proceedings, +to which they have been exposed, terrify them, and the +undersigned is obliged to request Congress to leave the +said provisions in their own magazines, and in the hands +of their own officers, till the time of making use of them +arrives. This request has more particular reference to +the flour taken from Wilmington, and which has become +the direct property of Congress by the transfer of it, which +the undersigned made to Congress in one of his latest Memorials.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 26th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France has the honor +to lay before the Congress of the United States of America +<span class="pagenum"><a name="Page_325" id="Page_325">325</a></span> +the sequel of the proceedings inserted in the public +papers against M. Holker, Consul of the King, and his +Majesty's general Navy Agent. The first part of these +same proceedings is already in the hands of this august Assembly. +The Minister of France intended merely to lay +the facts before them, and to leave to their wisdom to +determine the measures, that they should judge proper for +putting an end to this offence; but the late unjust, injurious, +and incompetent proceedings, which have been carried +on against a public officer of the King in relation to +the exercise of his functions, the further dangers with which +he is threatened, the indirect consequences, which already +result from them to the representative of his Majesty, and +those which may result more directly from the sentiments +and principles which are manifested, do not permit the +Minister any longer to observe the same moderation.</p> + +<p>Congress have received the credentials of the undersigned +Minister in the name of all the United States. They +have accepted, and invested with their authority the other +officers of his Majesty. It consequently belongs to Congress +to protect them against the attacks, which may be +made in their persons on the dignity of his Most Christian +Majesty, and the laws common to all nations governed by +the laws of police, relative to the free exercise of their +functions. Congress is too enlightened to need a comment +upon the insulting writings, which the Minister lays before +them. He merely requests them to take into consideration +the contents of the letter, which the said Minister has +written to the President of the Executive Council of Pennsylvania, +as well as that which the Consul of the King has +addressed to him. Copies of them are annexed. He is +persuaded that Congress will have the less hesitation to +<span class="pagenum"><a name="Page_326" id="Page_326">326</a></span> +take this cause in hand, as facts are involved in it relative +to the secret of the alliance, which have happened in +the sight and with the consent of a committee; and as +this reason alone would justify them in taking an exclusive +cognizance of it; besides, the Consul of the King will most +fully prove, if Congress think it necessary, that the orders +he has given have been exactly conformable to the agreement +made with the committee, and to the territorial laws +of the State in which they were executed.</p> + +<p>Agreeably to these considerations, the Minister Plenipotentiary +of France has the honor to beg and formally to +request the Congress of the United States of America;</p> + +<p>1st. To be pleased to take under their special protection +the Consul of the King, and, if circumstances require +it, his Majesty's other officers.</p> + +<p>2dly. To cause the public notice already given to be +repeated, that M. Holker has been accepted by this august +body, and recognised as the Consul of his Most Christian +Majesty.</p> + +<p>3dly. To grant to this public officer, or to procure for +him, justice and satisfaction for the attacks publicly made +on his honor and reputation.</p> + +<p>4thly. To declare that the Consul of the King has acted +conformably to the views and wishes of Congress, in seeking +to procure provisions for the King's squadron by the +way of trade; that the condition of these private purchases +has always been, that the articles procured should remain +at the free disposal of Congress, either for the army, or +for the benefit of the public, and that not a single barrel of +flour should be exported without their consent and formal +authorisation; that, in consequence of this agreement, the +undersigned Minister has transferred to them the hundred +<span class="pagenum"><a name="Page_327" id="Page_327">327</a></span> +and eightytwo barrels bought at Wilmington, and that this +quantity of provisions has, from this time, become the +property of the United States.</p> + +<p>Finally, the undersigned Minister requests Congress to +take the effectual measures that their wisdom shall dictate, +for protecting all the officers of the King, his master, +from every unjust, injurious, and arbitrary proceeding, and +for securing to them the liberty necessary for the exercise +of their functions, without seeing the dignity of his Majesty +and the honor of his officers exposed to farther insults.</p> + +<p>The justice of Congress, and their regard for the honor +of a monarch, who is a friend and ally of the United States, +will, doubtless, prevent the serious discussions and the misunderstanding +which such proceedings, if they are not +promptly and authentically made amends for, would undoubtedly +occasion. It is with the most entire confidence, +that the undersigned Minister places this whole affair in +the hands of Congress.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<p class="translation"><i>The Papers referred to in the foregoing Memorial.</i></p> + +<p class="translation">No. 1.</p> + +<h3>M. GERARD TO THE PRESIDENT OF THE STATE OF +PENNSYLVANIA.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 26th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>M. Holker, Navy Agent and Consul of the King, my +master, has presented to me his defence in relation to the +suspicions, which some have been pleased to excite as to +his conduct concerning the subsistence of the French fleet. +<span class="pagenum"><a name="Page_328" id="Page_328">328</a></span> +I approve and confirm all the contents of his letter, and I +declare, that he has acted on this occasion in his capacity +of a public man and an officer of his Most Christian Majesty, +and that all the orders that he has given for the said +subsistence have been given under my direction, and with +the consent and agreeably to the desire of the committee +of the general Congress of the United States.</p> + +<p>I hope that the defence of the Consul of the King will +satisfy your Excellency and the Executive Council of this +Province, as well as every honest and unprejudiced man. +At any rate, M. Holker and all the other consuls and +officers of his Most Christian Majesty scattered throughout +America, will always be ready, when they shall be properly +requested, to answer as to anything that shall relate +to the law of the country. It is the serious will of his Majesty; +his representatives are ordered to see to it; and it +is for this reason, that the offers of M. Holker have anticipated +your wishes in this respect. But, Sir, in paying +this just tribute to the sovereignty and to the territorial +law, I must have the honor of observing to you, that there +is no civilized nation where the agents and public servants +of a foreign sovereign do not enjoy immunities and exemptions, +which by the unanimous consent of these nations +have been regarded as indispensably necessary for the free +exercise of their functions; even when they act contrary +to the law of the country, care is taken, and caution used, +in order not to wound the dignity of their constituents, and +not lightly to injure the public character of their officers. +If they have acted only in their official capacity, people +have neither the right nor the power to set themselves up +for judges; but if there are evident proofs, they are transmitted +to the superior officer, if there is one in the country, +<span class="pagenum"><a name="Page_329" id="Page_329">329</a></span> +and it may be to the sovereign himself, and it is for him to +cause satisfaction to be made, or the proper punishments to +be inflicted.</p> + +<p>These officers, moreover, cannot be subjected to any +inspection or inquisition with regard to the execution of +their public functions, except to that of their own sovereign +and his representatives; it does not belong to any one +whatsoever to assume in this respect a power and an authority, +which would become an attack on the rights of the +sovereign of another country, and an injury to its representatives. +This would be a violation of the laws common to +nations governed by the laws of police, and a manifest infraction +of the principles upon which the mutual and necessary +communication between friendly nations is founded, +and without which the appointment and the residence of +the respective public officers would become dangerous and +impossible, if in any country whatever these principles +were not acknowledged, or if any person pretended, without +the consent of a sovereign, to set up for a guardian +of his officers, and to censure and condemn their conduct +in his name, or under the pretext of his interest. If +this usurped power extended even to actions, the scene of +which was without the territory of the State; if it were +allowable to take the property of a sovereign by force from +the place of deposit, notwithstanding the protest of the +civil magistrate, and in a foreign State, to which alone +it would belong to protest against the violence of its laws; +in fine, if after assuming the pretext of taking care of his +interests, any one should dare to sentence explicitly or by +implication a foreign King to pay a penalty or fines, and if +the public officers were represented as enemies of the +country, even while they were employed in affairs of the +<span class="pagenum"><a name="Page_330" id="Page_330">330</a></span> +utmost secrecy and of the greatest importance for this very +country's own interest, they would then be deprived of the +liberty, which every citizen and every other stranger enjoys; +while, on the other hand, the terrified citizens would +refuse to take part in any affair relating to this power, in +order to preserve their reputation and tranquillity. These +officers would then be prevented from fulfilling their duties +to their master, particularly if the crime of falsehood were +publicly imputed to them while their title and quality were +called in question, although publicly and authentically acknowledged +by all the powers of the country. Such conduct +would be a marked insult, and this situation very near +to a state of hostilities would tend to destroy all confidence, +all commerce, and all correspondence between the +two friendly and allied nations; and there would remain +only one course to be pursued by the representatives of +that which should be injured, and which could not obtain +immediate satisfaction; namely, that of seeking an asylum +in a country where the respect which a nation owes to an +independent, friendly, and allied power, as well as to its +representatives, is known, and where, by conforming to +the territorial laws, one can rely upon the effectual protection +of the sovereign, against every injurious, violent, and +arbitrary proceeding.</p> + +<p>My duty, Sir, places me under the necessity of offering +these remarks to your Excellency and the Executive +Council. Having no direct credentials for the Republic +of Pennsylvania, I cannot demand reparations from it as a +Minister, and I can only address myself to the Congress of +the United States, forasmuch as the facts in question have +all happened under its sanction and by its authorisation; +but my desire to preserve the decency, harmony, and good +<span class="pagenum"><a name="Page_331" id="Page_331">331</a></span> +understanding, which ought to prevail between two allied +States, will justify me in earnestly requesting your Excellency +and the Executive Council to take immediately into +consideration the preceding observations, and without delay +to communicate to me your opinion on this subject. An +explicit and positive answer is indispensable in this delicate +and critical juncture, in order that I may take the +measures suitable to the dignity of the King, my master, as +well as to the tranquillity and to the honor of his officers of +all ranks and denominations, and at all events to enable his +Majesty to provide himself for the maintenance of his +dignity. Meanwhile I give orders to suspend every proceeding +susceptible of new inconveniences, and every operation +in the State of Pennsylvania on account of his Most +Christian Majesty on the part of his officers, until the rules +to which they are to conform shall be known and fixed, +and till the public is convinced that the citizens do not +expose their honor and their tranquillity, when they treat +with the officers of the King, and when they conform to +the laws of their States.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<p class="translation">No. 2.</p> + +<h3>M. HOLKER TO JOSEPH REED, PRESIDENT OF PENNSYLVANIA.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 24th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>I have the honor of forwarding to your Excellency Mr +Dunlap's publication of this day, in which I find, with +some degree of surprise, a paragraph levelled at me and +<span class="pagenum"><a name="Page_332" id="Page_332">332</a></span> +my official transactions. I observe that notwithstanding the +most explicit and repeated offers I made to you yesterday +morning, and through you to the honorable the Supreme +Executive Council of this State, of proving that I had not +in any shape violated or infringed the laws of Pennsylvania, +that I had acted in perfect conformity therewith; +notwithstanding I solemnly declared that the flour seized +was bought and destined for the sole use of his Majesty's +fleet; notwithstanding the many and forcible reasons urged +to your Excellency to convince you that more proper and +more decent measures might have been pursued, and that +the steps I had taken to supply his Majesty's fleet were +not only proper, but were dictated by mere necessity; +notwithstanding all these circumstances, I am still held up +to the public in a suspicious light, and as if I were answerable +or accountable for the private and personal transactions +of Mr Rumford of Wilmington, transactions totally +foreign to me and to the instructions or orders given him +by me.</p> + +<p>My application to you, Sir, in this respect, seems to +have been so far ineffectual, as also your just and pointed +representation on this subject, which you were pleased to +communicate to me by your letter of this day. I am +sorry to remark, that though I have acted in concert with +his Excellency, our Minister Plenipotentiary, that Congress +has always been apprised of the purchases made by +my orders; though all the provisions purchased and delivered +into the hands of my agents have been at all times +at the disposal of Congress in consequence of express +stipulations; though I have given with pleasure the widest +room for inquiry into the grounds of all suspicions, in order +that a thorough investigation might establish public tranquillity +<span class="pagenum"><a name="Page_333" id="Page_333">333</a></span> +and public confidence, which I had the greatest reason +to expect, because it is evident, even by the publications, +that not a single suspicion was founded on solid ground, +but merely on surmise; still his Majesty's representative in +this Commonwealth, his Agent General in all the ports of +the United States, acknowledged as such by Congress, by +yourself, and the board at which you preside, specially +charged, in conjunction with the Minister Plenipotentiary, +with procuring the necessary supplies for his Majesty's +squadron, expressly fitted out for the defence of these +States against the common enemy, and for the protection +of his dominions in America, acting in the strict line of his +office and duty, is most wantonly traduced to the public, +branded with the most injurious and unfair imputations in +the newspapers published in this very city, where these +facts and my public character are most notorious, under +your eyes, with your knowledge, and in contradiction to +your personal advice and disapprobation.</p> + +<p>I need not expatiate on the evil consequences, that may +arise from such illiberal aggression. I need not claim +your interposition. But the reasons I gave you yesterday, +becoming every instant more forcible and more pressing, +it is necessary that I demand the most immediate exertions +of government on this occasion.</p> + +<p>It is with the utmost reluctance I sit down to appeal in +this solemn manner to the Executive power of Pennsylvania +for justice, lest my request may be construed an +opposition to the respectable motives of the informers on +my conduct; but I am accountable to my royal master for +my actions, and obliged to exact that respect due to his +representative in this State, and to support the dignity of +the character with which he has been pleased to invest me. +<span class="pagenum"><a name="Page_334" id="Page_334">334</a></span> +Therefore, it is in compliance with my duty, that I submit +these facts and the repeated insults I meet with, to the +reflections of your Excellency and Council, relying fully +on your sense of propriety, and on your exertions on this +occasion, as in all others, where I have applied for +redress.<a name="FNanchor_26" id="FNanchor_26" href="#Footnote_26" class="fnanchor">[26]</a></p> + +<p> +I remain with respect, your Excellency's most obedient +and humble servant.</p> + +<p class="signed">HOLKER.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_26" id="Footnote_26" href="#FNanchor_26"><span class="label">[26]</span></a> The publications relative to these complaints are found in the +Pennsylvania Packet of Saturday, July 24th, 1779.</p></div></div> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 28th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France thinking it +necessary to lay before Congress all the information relative +to the affair of the flour from Wilmington, has the +honor to annex the copy of a letter, which the President +of the Executive Council of Pennsylvania has written to +M. Holker, as well as of the three pieces, which were annexed +to this letter, and of which this Consul has informed +the said President that he retained a copy.</p> + +<p>The undersigned Minister must at the same time have +the honor to represent to Congress, that he is informed +that there will be a new meeting of the city on Monday +morning, and that the critical state of affairs seems to require, +that it should be seen fit, before this time, to take +some effectual measures conformable to the petition and to +the request, which he has had the honor to address to +<span class="pagenum"><a name="Page_335" id="Page_335">335</a></span> +Congress. Otherwise the undersigned, and the other officers +of the King, would have no protection and no security +against the effects of the unjust, injurious and violent +principles and proceedings, of which the said Minister has +complained; and he would be compelled to leave Philadelphia +and Pennsylvania, in order to seek an asylum in +another State, where liberty and protection could be secured +to him, till he could receive the orders of the King, +his master.</p> + +<p class="signed"> +GERARD. +</p> +<div class="thought_break"></div> + +<p class="translation"><i>Copies of the Papers enclosed in the above Letter.</i></p> + +<p class="translation">No 1.</p> + +<h3>JOSEPH REED TO M. HOLKER.</h3> + +<p class="letter_head">Philadelphia, July 24th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>After the visit you favored me with yesterday, and in +consideration of the point on which we conversed, I wrote +the letter enclosed, and about six o'clock the answer, also +enclosed, was delivered me. I informed the gentlemen, +two of the committee, that I had seen you that morning, +that you conceived yourself able to remove the imputations +conveyed in their representations, and had requested the +Council to point out the parts of your conduct, on which +doubts might arise. The gentlemen promised me they +would inform the other gentlemen of what I had represented; +and also that I still thought there would be an impropriety +in making the publication in the present circumstances. +I observe this morning, that the gentlemen have +been of a different opinion, doubtless deeming themselves +<span class="pagenum"><a name="Page_336" id="Page_336">336</a></span> +under a public obligation to communicate the transaction +to the world without delay.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">JOSEPH REED.</p> + +<p><i>P. S.</i> Not having any copies of the enclosed, I must +beg you to return them after perusal.</p> + +<p class="translation">No. 2.</p> + +<p class="letter_head"> +In Council, Philadelphia, July 23d, 1779.</p> + +<p>A paper, dated in committee, and signed William Henry, +chairman, in answer to the reference made by this Board +on the 14th instant, having been read,</p> + +<p>Ordered, that the Secretary do write to the said Mr +Henry to inform him, that the papers alluded to in said +answer did not accompany it, and to desire that they may +be forwarded as soon as convenient.</p> + +<p>The President having informed this Board, that M. Holker +had conferred with him on the above representation, +and showed a copy thereof received by him (M. Holker) +from the committee, and requested that this Board would +point out such parts thereof as may appear to convey any +imputations upon him, or distrust of his faithful performance +of his duty as a public officer,</p> + +<p>Ordered, that the said paper be further considered tomorrow, +that a proper answer may be given to the said +request.</p> + +<p>Extract from the minutes,</p> + +<p class="signed">JAMES TRIMBLE,<br /> +<i>for</i> T. MATLACK, <i>Secretary</i>.</p> +<p><span class="pagenum"><a name="Page_337" id="Page_337">337</a></span></p> + +<p class="translation">No. 3.</p> + +<h3>JOSEPH REED TO WILLIAM HENRY, CHAIRMAN OF THE +COMMITTEE.</h3> + +<p class="letter_head"> +Walnut Street, July 23d, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>I received this morning the report of the committee on +the affairs of M. Holker, which by a particular accident I +was prevented from laying before the Council this morning. +I observe it is proposed to publish it, but I presume this +does not mean an immediate publication, as there will be +an indelicacy and violation of usual forms to do this, until +a return has been officially made thereupon by us to Congress, +through whom the matter came to us. In all cases +of petitions or other papers, to be presented to any public +body, I take it to be a standing rule, that the matter shall +be first communicated to them, before it is published to +the world. As I observe you have sent a copy to M. +Holker, I presume it is intended thereby to give him an +opportunity to explain, deny, or admit, such a part of it as +he may think proper to do. A publication will in some +measure debar him from this, whereas at a future day, if +the publication is still thought necessary, the whole may be +given together; at all events, it will be the duty of the +Council to make some report to Congress, in which this +narration will appear. As to the flour itself, perhaps there +may be no inconvenience in letting it remain a few days +in its present condition. My earnest wish is, that this business +may be conducted without fear, favor, or partiality, +to the real interests of the community, all first suspicions +converted into solid proof, and those of a contrary kind +effectually banished. +<span class="pagenum"><a name="Page_338" id="Page_338">338</a></span></p> + +<p>The good sense of the gentlemen to whom I address +myself will, I am persuaded, make the necessary and present +distinction between persons acting in a public capacity +and character, especially of another nation, and our own +citizens, who are to stand or fall by their own laws, and +the estimation of their countrymen.</p> + +<p class="indent1"> +I am, Gentlemen, &c.</p> + +<p class="signed">JOSEPH REED.</p> + +<p class="translation">No. 4.</p> + +<h3>WILLIAM HENRY TO JOSEPH REED.</h3> + +<p class="letter_head">Friday Afternoon, 5 o'clock, Committee Room.</p> + +<p class="letter_open">Sir,</p> + +<p>We had the honor of your favor of this morning, and +beg leave to observe in answer thereto, that Mr Morris +having already published an account of the flour, both in +behalf of himself and M. Holker, as may be judged by his +publishing M. Holker's letters, and that publication being +prior to any report from the Council to Congress, we +conceive there can be no impropriety in our now taking the +matter publicly up. Besides which, we apprehend ourselves +laid under an immediate necessity to give satisfaction +to our fellow citizens on the subject, and to publish +our proceedings for the previous consideration of the meeting +on Monday.</p> + +<p>M. Holker, we conceive, ought in justice to himself to +have appealed to the Council agreeably to the resolution +of Congress, which he has not done. We have deferred +the matter to the last moment, and cannot now, without +exposing the reputation of the committee, defer it longer.</p> + +<p>Your Excellency is sensible that nothing but the most +<span class="pagenum"><a name="Page_339" id="Page_339">339</a></span> +pressing necessity could induce us to depart from the +advice you are pleased to give, and we request you to +accept the reasons we have assigned as an apology for so +doing.</p> + +<p>By order of the committee.</p> + +<p>I have the honor to be your Excellency's most obedient, +humble servant,</p> + +<p class="signed">WILLIAM HENRY, <i>Chairman</i>.</p> + +<div class="thought_break"></div> + +<p>All the above memorials, letters, and papers received +from the Minister this day, were referred to a committee +of five, namely, Mr Huntington, Mr Laurens, Mr Smith, +Mr Morris, and Mr Kean, who were instructed to confer +with the President and the Supreme Executive Council of +the State of Pennsylvania and with the Minister and Consul +of France, and to prepare and report a state of facts, +together with their opinion of the measures proper for +Congress to adopt thereupon.</p> + +<div class="thought_break"></div> + +<h3>M. HOLKER TO M. GERARD.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 29th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>I have the honor to send you the several annexed certificates, +which have been sent to me by Mr Rumford of +Wilmington. As these papers have a direct relation to +the conduct of Mr Rumford, and to the seizure made of +the flour bought by him for the King's squadron, and as +they may give room for fuller information, as well with regard +to my transactions as to that of this commissary, or of +<span class="pagenum"><a name="Page_340" id="Page_340">340</a></span> +every one else, in relation to the said flour seized, I think +it my duty to request you to transmit them as soon as possible +to Congress, informing that body that I have sent +duplicates of them to the Council of the State of Pennsylvania. +I hope that there will be found in them proofs of +the desire, which has always animated me to conform in +everything to the resolutions or recommendations of Congress, +as well as to dispel all the doubts or suspicions +which insinuations, assertions, or publications could have +shed upon me. I dare even flatter myself, that I shall at +last receive the satisfactory testimonial, to which my conduct, +my transactions, public or private, in everything that +can concern the United States of America, seem to entitle +me on the part of Congress.</p> + +<p> +I am, Sir, respectfully, your obedient humble servant,</p> + +<p class="signed">HOLKER.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 30th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>Mr Rumford has sent to the Consul of the King some +new documents, which throw great light on the affair of +the flour from Wilmington. I have the honor to forward +them to you, in the hope that you will be pleased to lay +them before Congress, as well as the letter of M. Holker, +which accompanies them.</p> + +<p> +I have the honor to be, with the greatest respect, Sir, +your most humble and obedient servant,</p> + +<p class="signed">GERARD. +</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_341" id="Page_341">341</a></span></p> + +<p class="letter_head">In Congress, July 30th, 1779.</p> + +<p>The above papers were referred to the committee of five, +before mentioned, who on the 2d of August delivered in a +report, whereupon Congress came to the following resolutions;</p> + +<p>Resolved, That the Minister of France be assured, that +Congress will at all times afford every countenance and +protection to the Consuls and other servants of his Most +Christian Majesty, with the powers and authorities to them +delegated by their constituents.</p> + +<p>That the several appointments of Consuls made, and +which may hereafter be made and approved by Congress, +be duly registered in the Secretary's office, and properly +notified by the President to the Executive authorities of +the respective States in whose ports such Consuls may +reside.</p> + +<p>That the measures taken by M. Holker to procure flour +for the fleet of his Most Christian Majesty in the way of +commerce, have from time to time been made known +unto, and been fully approved by Congress; that the +several proceedings and publications complained of by +the Minister on that subject are very injurious to the servants +of his said Majesty, and that Congress do highly disapprove +of the same.</p> + +<p>That the President and Supreme Executive Council of +Pennsylvania be informed, that any prosecutions which it +may be expedient to direct for such matters and things in +the said publications or transactions, as may be against the +laws of nations, shall be carried on at the expense of the +United States.</p> + +<p>That the Minister of France be informed that the President +<span class="pagenum"><a name="Page_342" id="Page_342">342</a></span> +and Supreme Executive Council of Pennsylvania +have taken proper measures to restore the flour taken +from the agents of M. Holker.</p> + +<div class="thought_break"></div> + +<h3>THE PRESIDENT OF PENNSYLVANIA TO M. GERARD.</h3> + +<p class="letter_head">In Council, Philadelphia, July 31st, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>I have now the honor of addressing you in answer to the +representation you were pleased to make to this Board on +the 24th instant. When, to every principle of public affection, +policy, and justice, there is added our experience of +your personal friendship to America, and your attachment +and engaging deportment to the citizens of Pennsylvania of +every rank, all professions on our part to make your residence +in the State happy, easy, and honorable, must be +unnecessary. It is not easy, therefore, for us to find language +to express our concern at any transaction which +may disturb your repose, and interrupt the exercise of +those functions discharged with so much honor to yourself +and satisfaction to those, who are called to take any part in +public affairs.</p> + +<p>In some communications which the Honorable Congress +have been pleased to make to us, we also see, with great +concern, that apprehensions are expressed, the reality of +which we should deplore as an evil of the first magnitude. +Be assured, Sir, that the citizens of Philadelphia, and of +Pennsylvania, cannot entertain sentiments so unworthy; but +if there are any so lost to every sense of propriety, decency, +and order, the authority of the State has power equal to +its inclination to check and suppress so licentious and +wicked a procedure. +<span class="pagenum"><a name="Page_343" id="Page_343">343</a></span></p> + +<p>We entreat you, therefore, to dismiss every idea so +painful and so dishonorable to us as that of personal insult, +and repose confidence in us when we confirm to you our +assurances of the affection, respect, and esteem of our +constituents. And if there are any persons, who presume +to insinuate dangers of outrages, as suggested in your representations, +we most earnestly request you to consider them +either as ignorant of the real sentiments of those of whom +they speak, or as acting from less honorable motives.</p> + +<p>I have now the honor of acquainting you, that upon the +requisition of this Board, the flour in question, and which +has given rise to this unhappy discussion, is delivered up +to this Board, and that it is ready to be put into the disposal +of M. Holker, or any person he may direct, for the +purposes of its original destination, without any condition +or restriction, a measure, which we hope both as to you +and himself, will be considered as a relinquishment of +those terms, which form a ground of your complaint. +Our desire to make the most early and explicit avowal of +our sentiments and intentions has induced us to make this +communication, at the same time all other business being +laid aside, we are considering the papers which touch the +character of M. Holker, upon which we shall, without +delay, address ourselves to the Honorable Congress of the +United States, through whom those communications have +been made to us, and we trust it will fully appear, that a +veneration for the Prince, whose servant he is, respect to +your interposition, justice to him, and a due regard to the +rights and interests of this State, have influenced our determination.</p> + +<p>We observe all the papers respecting this transaction +have been transmitted to you, except a resolution of this +<span class="pagenum"><a name="Page_344" id="Page_344">344</a></span> +Board passed on the 14th instant, which, probably, by +some accident has been omitted. I have now the honor of +enclosing it, that every proceeding may be fully before you.</p> + +<p> +Signed in and by order of Council.</p> + +<p class="signed">JOSEPH REED, <i>President</i>.</p> + +<div class="thought_break"></div> + +<p><i>In Congress.</i> On the 4th of August the committee to +whom was referred the Memorial of the Minister, relative +to the ship Mary and Elizabeth's cargo, delivered in a report, +whereupon,</p> + +<p>Resolved, That Congress do not entertain any suspicion, +that M. Holker, agent of the marine of his Most +Christian Majesty, had any participation in, or knowledge +of, the shipping of provisions on private account on board +vessels despatched in the name of his Most Christian +Majesty.</p> + +<p>Resolved, That frauds by masters and shippers are +offences against the municipal laws, and are to be investigated +by the magistrates of the States respectively.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, August 5th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>I have received with gratitude the resolution of Congress, +which you were so kind as to send me yesterday. +I express my sentiments on this subject in the annexed +Memorial, which I request you to be pleased to lay before +Congress.</p> + +<p> +I have the honor to be, with the greatest respect, Sir, +your most obedient and humble servant,</p> + +<p class="signed">GERARD. +</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_345" id="Page_345">345</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, August 5th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France is eager to +thank Congress for the readiness with which they have +been pleased to yield to his representations of the 26th of +last month.</p> + +<p>The resolutions, which have been communicated to the +undersigned in the name of Congress, appear to him to +leave nothing to be desired; he only hopes that the public +will be informed of the opinions of Congress, in whatever +form they shall think the most suitable; and the Minister +Plenipotentiary is persuaded, that his Court will regard +the said resolutions as a suitable and sufficient satisfaction +for the proceedings which they condemn, and the offence +which has resulted from them.</p> + +<p>It is under this impression, that the undersigned Minister +takes the liberty to request Congress not to carry into execution +that one of their resolutions which orders, that those +who on this occasion may have violated the laws of nations +shall be prosecuted. The King's greatness of mind +forbids his Minister to insist upon such a measure. Between +nations closely connected by the most powerful +motives of friendship and interest, even the most lawful +reparations ought always to stop short of revenge. It is +sufficient to undeceive the public, and to restrain the evil-disposed +men, who sometimes conceal themselves under +the pretence of the common good. The said Minister, +consequently, earnestly requests Congress to stop the said +<span class="pagenum"><a name="Page_346" id="Page_346">346</a></span> +prosecutions, and he dares hope this from the moderation +of Congress, provided that motives foreign to France +and independent of the present affair do not cause this +august body, or the Executive Council of Pennsylvania, to +see in this indulgence inconveniences, which are out of the +sphere of the undersigned Minister.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<p class="letter_head"> +In Congress, August 9th, 1779.</p> + +<p>Resolved, that the Minister of France be informed, +that the resolutions alluded to in his Memorial of the 5th +instant will be published in the journals of Congress, and +that in the meantime he consider himself at liberty to +make such use of the copies transmitted to him, as he may +think expedient.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, August 11th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>It is with the greatest regret that I learn, that the +attempt made at Martinique to obtain military stores has +been fruitless. You will see the reasons of it in the letter +of the Marquis de Bouillé, which I have the honor to send +you. Nothing but the impossibility of the thing could prevent +the servants of the King from rendering all possible +services to the American cause, and compel them to delay +complying with the requests of Congress.</p> + +<p> +I have the honor to be, with the greatest respect, Sir, +your most humble and most obedient servant.</p> + +<p class="signed">GERARD. +</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_347" id="Page_347">347</a></span></p> + +<h3>THE MARQUIS DE BOUILLÉ TO M. GERARD.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Martinique, July 11, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>I have received the letter, which you did me the honor +to write on the 8th of June, in which you inform me of Congress' +want of powder. I am very sorry that the supplies +for this colony, which are much less than they ought to be, +will not permit me to furnish any to the United States of +America. The immense and unforeseen consumption occasioned +by Count d'Estaing's fleet, and his unhappy +expedition against St Lucia, have laid me under the necessity +of purchasing up all the powder in the hands of +merchants to the amount of fifty thousand pounds, and +you must be sensible, that nothing but the most urgent +necessity could have induced me to go to such expense on +account of the King, at a time when I am in so much want +of money. Mr Bingham who is here, an agent of Congress, +will be able to purchase lead of the merchants. As +to arms, they are become scarce.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">BOUILLÉ.</p> + +<p><i>P. S.</i> I beg of you, Sir, to use all your efforts, that +we may receive as much provisions as possible before the +month of November next at farthest, and cause them to +be addressed to me either at Fort Royal, at St Pierre, or +at Trinité in this Island, and that you would not let the +price of freight prevent you. You will thereby do us the +most essential service.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_348" id="Page_348">348</a></span></p> + +<p class="letter_head"> +In Congress, August 23d, 1779.</p> + +<p>Resolved unanimously, that a committee consisting +of one member from each State be appointed to congratulate +the Minister of France on the anniversary +of the birth of his Most Christian Majesty, and to +assure him that the pleasure, which we feel on this +occasion, can be estimated by those only who have a +just sense of the extensive blessings, which many nations +have already derived from his wisdom, justice, +and magnanimity, and of the prospect of general happiness +to mankind through the influence of his Majesty's +virtuous exertions and glorious example.</p> + +<div class="thought_break"></div> + +<h3>M. GERARD TO THE COMMITTEE OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, August 23d, 1779.</p> + +<p>Gentlemen,</p> + +<p>The manner in which Congress are pleased to express +their sentiments on the occasion of the anniversary +of the birth of the King, my master, is a mark of +their friendship and respect for his Majesty. Your +expressions are truly worthy of a faithful ally, and I +dare assure you, that the account, which I shall render +to his Majesty of them, will be in the highest +degree agreeable to him.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_349" id="Page_349">349</a></span></p> + +<h3>THE COUNT DE VERGENNES TO M. GERARD.</h3> + +<p><i>In Congress, September 7th.</i> The President laid +before Congress a paper of intelligence, which he received +from the Minister Plenipotentiary of France, +and which is as follows, being an extract of a letter +from Count de Vergennes to M. Gerard, dated Versailles, +June 29th, 1779.</p> + +<p class="translation">Translation.</p> + +<p class="letter_open">"Sir,</p> + +<p>"The decision of Spain is public. Her Ambassador +quitted London on the 18th of this month; he is now +at Paris. Her forces are on their march to join with +ours. The junction made, they will endeavor to inflict +on England a blow sufficiently heavy to force her +to acknowledge the independence of America. To +free herself if possible from this hard necessity, and +to procure herself the power of opposing at some +future time a nation, which she will not without great +reluctance consent to free from the servitude, which +she wished to impose upon them, it seems that she +has sent two emissaries to Congress with the offer of a +truce, and even with power to withdraw all the English +forces, if America will determine to give up our +alliance, and to separate herself from us.</p> + +<p>"I do not imagine that this treachery can even enter +into the mind of Congress, but if they should be enticed +by the love of peace, a single reflection ought +to stop it. As soon as England shall have proved the +defection, she can settle her affairs with us, and we +shall have no reason to refuse to do it; she will then +fall upon America with the whole mass of her power, +<span class="pagenum"><a name="Page_350" id="Page_350">350</a></span> +very certain that no nation in Europe will afterwards +take any interest in a nation, which shall have signalized +its birth by the most unworthy cowardice of +which a government can be guilty. I am persuaded, +Sir, that this reflection seasonably presented, will be +of great effect. There are many other reflections, +which certainly will not escape your wisdom."</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, September 15th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France has the honor +to inform the Congress of the United States of America, +that he has appointed Mr James Wilson Attorney-General +of the French nation, in order that he may be intrusted +with all causes and matters relative to navigation and commerce. +The said Minister thought it proper to communicate +this proceeding to Congress.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, September 15th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France, who is preparing +to depart immediately, has the honor to request the +Congress of the United States to be pleased, in the course +of the week, if it be not inconvenient, to grant him an audience +for the purpose of taking leave of Congress.</p> + +<p class="signed"> +GERARD. +</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_351" id="Page_351">351</a></span></p> + +<p class="letter_head"> +In Congress, September 15th, 1779.</p> + +<p>Resolved, That Friday next be assigned for granting a +private audience to M. Gerard, Minister Plenipotentiary of +France, in order to his taking leave.</p> + +<p>Resolved, That this private audience be in full Congress.</p> + +<p><i>Friday, September 17th.</i> Resolved, That two members +be appointed to introduce the Minister to the private +audience.</p> + +<p>The Minister being introduced, took his leave in the +following speech.</p> + +<h3>M. GERARD'S SPEECH ON TAKING LEAVE OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_open"> +"Gentlemen,</p> + +<p>"The King, my master, having been pleased to accept +the representations, which my bad state of health compelled +me to make to him, has permitted me to return. +At the same time he has been in haste to send another +Minister Plenipotentiary to America, in order that there +may be no interruption in the care of cultivating the mutual +friendship. I must leave it to the talents of the +Chevalier de la Luzerne to explain to you his Majesty's +sentiments, and will confine myself here, Gentlemen, to +expressing to you the satisfaction I shall experience in +giving an account to him of the events, of which I have +been a witness during more than a year's residence with +you. He will perceive in them the sentiments, which animate +and direct your counsels, your wisdom, your firmness, +your attachment to the alliance, and your zeal for the +prosperity of the common cause and of the two respective +<span class="pagenum"><a name="Page_352" id="Page_352">352</a></span> +nations. He will see, with pleasure, the valuable union, +which constitutes the principal force and power of confederated +America, that not only the citizens are in no want +of zeal or vigor to repel the incursions, which henceforth +can have no other object than a barbarous devastation, but +also that there is no American, who does not perceive the +necessity of uniting to humble the common enemy more +and more, and to weaken him by efforts proportionate to +the importance of putting a happy end to a glorious revolution, +and also of securing to confederated America, by a +firm and honorable peace, as quickly as possible, the inestimable +advantages of liberty and independence, which +form the essential and fundamental object of the alliance, +and of the war provoked and made necessary by England.</p> + +<p>"It remains to me, Gentlemen, to offer you in general +and individually, the tribute of my gratitude for the marks +of confidence and esteem, and for the attentions which I +have received from you. I have always endeavored to +deserve them by the most sincere and lively attachment to +the interests and to the dignity of the United States, as +well as to the principles and sentiments resulting from the +alliance. I have not lacked zeal for everything that might +relate to them, and cement more and more the connexions, +whether political or personal, between the two nations. +The most flattering recompense of my labors would be the +expression of your satisfaction.</p> + +<p class="signed"> +GERARD."</p> + +<h3>REPLY OF THE PRESIDENT OF CONGRESS TO M. GERARD'S +SPEECH ON HIS TAKING LEAVE.</h3> + +<p class="letter_open"> +"Sir,</p> + +<p>"We receive with much concern the intimation you +have given us, that the bad state of your health obliges you +<span class="pagenum"><a name="Page_353" id="Page_353">353</a></span> +to leave America; though, at the same time, we are sensible +of the continued friendly care of his Most Christian +Majesty in sending a new Minister Plenipotentiary to these +States.</p> + +<p>"Great as our regret is in thus parting with you, yet it +affords us pleasure to think how well disposed you are to +improve the favorable opportunities you will have on your +return to France, of evincing to his Majesty the reality of +those sentiments on our part, which may justly be termed +the animating principles of the United States.</p> + +<p>"By such representations, the King will be assured that +the citizens of these States observe with the most lively +satisfaction the repeated instances of his amity for them; +that they regard the alliance as an inestimable connexion, +endeared to them by the purity of the motives on which it +was founded, the advantages derived from it, and the +blessings it promises to both nations; that their resolution +of securing its essential objects, liberty and independence, +is unalterable; that they are determined, by all the exertions +in their power, to advance the common cause, and to +demonstrate, that while they are attentive to their own interests, +they as ardently desire to approve themselves not +only faithful, but affectionate allies.</p> + +<p>"By a residence of more than a year near Congress, +you are enabled to form a competent judgment of the +difficulties we have had to encounter, as well as of our +efforts to remove them.</p> + +<p>"Sir, we should be deficient in the respect due to distinguished +merit, if we should fail to embrace this opportunity +of testifying the high esteem, which you have obtained +throughout this country by your public and private +conduct. You have happily combined a vigilant devotion +<span class="pagenum"><a name="Page_354" id="Page_354">354</a></span> +to the dignity and interest of our most excellent and illustrious +ally, with a zealous attachment to the honor and +welfare of these States.</p> + +<p>"Your prudence, integrity, ability, and diligence in discharging +the eminent trust reposed in you, have secured +our entire confidence, and now solicit from us the strongest +declarations of our satisfaction with your behavior.</p> + +<p>"That you may be blessed with a favorable voyage, the +approbation of your sovereign, the perfect recovery of +your health, and all happiness, is among the warmest +wishes of every member of this body.</p> + +<p> +"By order of Congress,</p> + +<p class="signed">JOHN JAY, <i>President</i>."</p> + +<div class="thought_break"></div> + +<h3>CONGRESS TO THE KING OF FRANCE.</h3> + +<p class="letter_open">Great, Faithful, and Beloved Friend and Ally,</p> + +<p>The conduct of your Majesty's Minister, M. Gerard, +during his residence in America, has been in every respect +so commendable, that we cannot forbear testifying to your +Majesty our sense of his merit, without feeling that uneasiness +which arises from a neglect of the obligations of +justice.</p> + +<p>His behavior appears to us to have been uniformly regulated +by a devotion to your Majesty's dignity and interest, +and an adherence to the terms and principles of the alliance, +while, at the same time, he demonstrated his attachment +to the honor and prosperity of these States.</p> + +<p>Thus serving his sovereign, he acquired our entire confidence +and esteem, and has evinced your royal wisdom in +selecting a person so properly qualified to be the first Minister +sent to the United States of America. +<span class="pagenum"><a name="Page_355" id="Page_355">355</a></span></p> + +<p>That the Supreme Ruler of the universe may bestow +all happiness on your Majesty, is the prayer of your faithful +and affectionate friends and allies.</p> + +<p>Done at Philadelphia, the seventeenth day of September, +in the year of our Lord one thousand seven hundred +and seventynine, by the Congress of the United States of +America.</p> + +<p class="signed"> +JOHN JAY, <i>President</i>.</p> + +<div class="thought_break"></div> + +<p class="letter_head"> +In Congress, September 25th, 1779.</p> + +<p>The committee to whom was referred the paper of intelligence +communicated by M. Gerard, on the 7th instant,<a name="FNanchor_27" id="FNanchor_27" href="#Footnote_27" class="fnanchor">[27]</a> +reported the draft of a letter in answer to the said communication, +which was read as follows;</p> + +<p class="letter_open"> +"Sir,</p> + +<p>"The sentiments contained in the paper laid before +Congress on the 7th instant have given us great uneasiness, +as they admitted the possibility of an event, which +we cannot contemplate without pain and regret. Nevertheless, +as they demonstrate the anxieties of a faithful +friend, Congress are willing again to testify their unalterable +attachment to the terms and principles of the alliance, +more especially as we wish you on leaving America to +take with you a solemn assurance of our fixed dispositions.</p> + +<p>"Reposing ourselves upon that Almighty power, whose +interposition in our behalf we have often seen and adored, +confident of the unanimity and zeal of our fellow-citizens +throughout these States, assured of the assistance and support +of our great ally, relying that the good and brave +everywhere regard our cause with interested attention, +<span class="pagenum"><a name="Page_356" id="Page_356">356</a></span> +we firmly repeat what we have already declared, that no +offer of advantage, however great and alluring, no extremes +of danger, however alarming, shall induce us to violate the +faith we have given and the resolutions we have adopted, +for the observance of which we have solemnly pledged our +lives, our fortunes, and our sacred honor."</p> + +<p>After debate, Ordered, that the President return the +following answer;</p> + +<p class="letter_open"> +"Sir,</p> + +<p>"Congress feel themselves obliged by your communication +of the 7th instant, and are happy that M. Gerard will +be able to contradict from the fullest evidence every insinuation, +which may be made prejudicial to the faith and +honor of the United States."<span class="pagenum"><a name="Page_357" id="Page_357"></a></span></p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_27" id="Footnote_27" href="#FNanchor_27"><span class="label">[27]</span></a> See this paper above, p. <a href="#Page_349">349</a>.</p></div></div> + +<div class="section_break"></div> +<div class="section_head"> +<h2><span class="the">THE</span> + +<span class="correspondence">CORRESPONDENCE</span> + +<span class="of">OF</span> + +<span class="name">C. A. DE LA LUZERNE;</span> + +<span class="sub_name">MINISTER PLENIPOTENTIARY FROM FRANCE +TO THE UNITED STATES.</span></h2> +<p><span class="pagenum"><a name="Page_359" id="Page_359"></a></span></p> +</div> + +<div class="section_break"></div> + +<p>Caesar Anne de la Luzerne succeeded M. Gerard +as Minister Plenipotentiary from France to the United +States. He had previously been employed in a diplomatic +capacity, and with much success, in Bavaria, which +he left in July, 1778. He was soon after appointed to +supply the place of M. Gerard, and arrived in Philadelphia +on the 21st of September, 1779. As his predecessor +was still discharging the functions of his office, the Chevalier +de la Luzerne did not receive his first audience of +Congress till the 17th of November.</p> + +<p>From that time to the end of the war he applied himself +sedulously to the duties of his station, and by the suavity +of his manners, as well as by the uniform discretion of +his official conduct, he won the esteem and confidence of +the American people. His efforts were all directed to the +support of the alliance, on the principles of equity, and the +broad basis of reciprocal interests established in the treaties.</p> + +<p>After remaining in the United States more than five +years, he obtained permission to visit France, although he +did not then resign his commission as Minister. A few +months afterwards, however, he wrote to Mr Jay, then +Secretary of Foreign Affairs, that, being designed by the +King for another appointment, his character as Plenipotentiary +to the United States had ceased. M. Barbé +Marbois, who had been the Secretary of Legation during +the whole of M. de la Luzerne's residence in America, +succeeded him as <i>Chargé d'Affaires</i>. +<span class="pagenum"><a name="Page_360" id="Page_360">360</a></span></p> + +<p>The Chevalier de la Luzerne accepted the appointment +of Ambassador from France to the Court of London, in +January, 1788. He remained there till his death, which +happened on the 14th of September, 1791, at the age of +fifty years. +<a name="Page_361" id="Page_361"></a> +<span class="pagenum"></span></p> + +<div class="section_break"></div> +<div class="section_head"> + +<h2><span class="the">THE</span> + +<span class="correspondence">CORRESPONDENCE</span> + +<span class="of">OF</span> + +<span class="name">C. A. DE LA LUZERNE.</span></h2> +</div> + +<div class="thought_break"></div> + +<h3> +SUBSTANCE OF A CONFERENCE BETWEEN M. DE LA +LUZERNE AND GENERAL WASHINGTON AT HEAD QUARTERS, +WEST POINT.<a name="FNanchor_28" id="FNanchor_28" href="#Footnote_28" class="fnanchor">[28]</a> +</h3> + +<p class="letter_head"> +September 16th, 1779.</p> + +<p>The Minister opened the conference by observing, that +the Council of Massachusetts had represented to him the +disadvantages, which their commerce was likely to suffer +from the late misfortune in Penobscot, and the advantages +which would result if his Excellency, Count d'Estaing, +could detach a few ships of the line and frigates to be stationed +upon their coast for protecting their commerce, and +countenancing the operations of their cruisers against that +of the enemy. But before he should propose such a +measure to Count d'Estaing, he wished to know from the +General, what purposes the detachment would answer to +<span class="pagenum"><a name="Page_362" id="Page_362">362</a></span> +his military operations, and whether it would enable him to +prosecute any offensive enterprise against the enemy. +That if he could accompany the request of the Council +with assurance of this kind, a motive of such importance +would have the greatest influence in determining the +concurrence of Count d'Estaing, and might the better +justify him in deranging or contracting his plans in the +West Indies, by making a detachment of his force.</p> + +<p>The General answered, that if Count d'Estaing could +spare a detachment superior to the enemy's naval force +upon this continent, retaining such a force in the West +Indies, as would put it out of the enemy's power to detach +an equal force to this continent without leaving themselves +inferior in the Islands, the measure would have a high +probability of many important and perhaps decisive advantages; +but these would depend upon several contingencies; +as the time in which the detachment can arrive, and +the position and force of the enemy when it arrives. That +the season proper for military operations was now pretty +far advanced, and to make a winter campaign would require +a disposition of our magazines peculiar to it, which +could not be made without a large increase of expense, a +circumstance not to be desired in the present posture of +our affairs, unless the arrival of a naval succor was an +event of some certainty. That with respect to the position +and force of the enemy, they had now about fourteen +thousand men at New York and its dependencies, and between +three and four thousand at Rhode Island; that to +reduce the former, if it should be concentered on the +Island, would require extensive preparations beforehand, +both as to magazines and aids of men, which could not +with propriety be undertaken on a precarious expectation +<span class="pagenum"><a name="Page_363" id="Page_363">363</a></span> +of assistance. But that if the garrison of Rhode Island +should continue there, we should have every reason to +expect its reduction by a combined operation; it might, +however, be withdrawn; he added, that the enemy appear +to be making large detachments from New York, +which the present situation of their affairs seems to exact; +that there is a high probability of their being left so weak +as to give us an opportunity, during the winter, of acting +effectually against New York, in case of the arrival of a +fleet to co-operate with us, even with the force we now +have and could suddenly assemble on an emergency; that, +at all events, the French squadron would be able to strike +an important stroke, in the capture and destruction of the +enemy's vessels of war, with a large number of transports +and perhaps seamen.</p> + +<p>He concluded with observing, that though in the great +uncertainty of the arrival of a squadron, he could not undertake +to make expensive preparations for co-operating, +nor pledge himself for doing it effectually, yet there was +the greatest prospect of utility from the arrival of such a +squadron, and he would engage to do everything in his +power for improving its aid, if it should appear upon our +coast; that if the present or future circumstances should +permit Count d'Estaing to concert a combined operation +with the troops of these States against the enemy's fleets +and armies within these States, he would be ready to promote +the measure to the utmost of our resources, and +should have the highest hopes of its success; it would, +however, be necessary, to prevent delay and give efficacy +to the project, that he should have some previous notice.</p> + +<p>The Minister replied, that the General's delicacy upon +the occasion was very proper, but as he seemed unwilling +<span class="pagenum"><a name="Page_364" id="Page_364">364</a></span> +to give assurances of effectual co-operation, in conveying +the application to the Admiral he would only make use of +the name of the Council, which would, no doubt, have all +the weight due to the application of so respectable a body.</p> + +<p>The General assented, observing, that occasional mention +might be made of the military advantages to be expected +from the measure.</p> + +<p>The Minister next informed the General, that there had +been some negotiations between Congress and M. Gerard, +on the subject of the Floridas and the limits of the Spanish +dominions in that quarter, concerning which, certain resolutions +had been taken by Congress, which he supposed +were known to the General. He added, that the Spaniards +had in contemplation an expedition against the Floridas, +which was either already begun or very soon would +be begun, and he wished to know the General's opinion of +a co-operation on our part; that it was probable this expedition +would immediately divert the enemy's force from +South Carolina and Georgia, and the question then would +be, whether General Lincoln's army would be necessary +elsewhere, or might be employed in a co-operation with +the Spanish forces. That the motive with the French +Court for wishing such a co-operation was, that it would +be a meritorious act on the side of the United States +towards Spain, who, though she had all along been well +disposed to the revolution, had entered reluctantly into the +war and had not yet acknowledged our independence; +that a step of this kind would serve to confirm her good +dispositions, and to induce her not only to enter into a +treaty with us, but, perhaps, to assist with a loan of money. +That the forces of Spain in the Islands were so considerable, +as would in all appearance make our aid unnecessary; +<span class="pagenum"><a name="Page_365" id="Page_365">365</a></span> +on which account the utility of it, only contingent and possible, +was but a secondary consideration with the Court of +France; the desire to engage Spain more firmly in our +interests, by a mark of our good will to her, was the leading +and principal one.</p> + +<p>The General assured the Minister, that he had the +deepest sense of the friendship of France, but replied to +the matter in question, that he was altogether a stranger to +the measures adopted by Congress relative to the Floridas, +and could give no opinion of the propriety of the co-operation +proposed in a civil or political light; but considering +it merely as a military question, he saw no objection to the +measure, on the supposition that the enemy's force in +Georgia and South Carolina be withdrawn, without which +it would, of course, be impossible.</p> + +<p>The Minister then asked, in case the operation by the +Spaniards against the Floridas should not induce the English +to abandon the Southern States, whether it would be +agreeable that the forces, either French or Spanish, employed +there, should co-operate with our troops against +those of the enemy in Georgia and South Carolina.</p> + +<p>The General replied, that he imagined such a co-operation +would be desirable.</p> + +<p>The Minister inquired in the next place, whether in +case the Court of France should find it convenient to send +directly from France a squadron and a few regiments attached +to it, to act in conjunction with us in this quarter, +it would be agreeable to the United States.</p> + +<p>The General thought it would contribute much to advance +the common cause.</p> + +<p>The Minister informed us, that Dr Franklin had purchased +a fifty gun ship, which the King of France intended +<span class="pagenum"><a name="Page_366" id="Page_366">366</a></span> +to equip for the benefit of the United States, to be sent with +two or three frigates to Newfoundland to act against the +enemy's vessels employed in the fishery, and afterwards to +proceed to Boston to cruise from that port.</p> + +<p>He concluded the conference with stating, that in Boston +several gentlemen of influence, some of them members +of Congress, had conversed with him on the subject of an +expedition against Canada and Nova Scotia; that his +Christian Majesty had a sincere and disinterested desire to +see those two Provinces annexed to the American Confederacy, +and would be disposed to promote a plan for +this purpose; but that he would undertake nothing of the +kind unless the plan was previously approved and digested +by the General. He added, that a letter from the General +to Congress some time since, on the subject of an expedition +to Canada, had appeared in France, and had been +submitted to the best military judges, who approved the +reasoning, and thought the objections to the plan, which +had been proposed, very plausible and powerful. That +whenever the General should think the circumstances of +this country favorable to such an undertaking, he should +be very glad to recommend the plan he should propose, +and he was assured that the French Court would give it +all the aid in their power.</p> + +<p>The General again expressed his sense of the good dispositions +of his Christian Majesty, but observed, that while +the enemy remain in force in these States, the difficulties +stated in his letter alluded to by the Minister would still +subsist; but that whenever that force should be removed, +he doubted not it would be a leading object with the government +to wrest the two aforementioned Provinces from +the power of Britain; that in this case, he should esteem +<span class="pagenum"><a name="Page_367" id="Page_367">367</a></span> +himself honored in being consulted on the plan; and was +of opinion, that though we should have land force enough +for the undertaking, without in this respect intruding upon +the generosity of our allies, a naval co-operation would +certainly be very useful and necessary.</p> + +<p>The rest of the conference consisted in mutual assurances +of friendship of the two countries, &c. interspersed +on the General's side with occasional remarks on the importance +of removing the war from these States, as it +would enable us to afford ample supplies to the operations +in the West Indies, and to act with efficacy in annoying +the commerce of the enemy, and dispossessing them of +their dominions on this continent.</p> + +<p class="letter_head"> +Head Quarters, September 18th, 1779.</p> + +<p>The foregoing is, to the best of my recollection, the +substance of a conference at which I was present at the +time mentioned, and interpreted between the Minister and +the General.</p> + +<p class="signed"> +A. HAMILTON.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_28" id="Footnote_28" href="#FNanchor_28"><span class="label">[28]</span></a> The Chevalier de la Luzerne arrived at Boston on the 2d of +August, and on his way to Philadelphia visited General Washington +at West Point. Hence this conference took place before his public +introduction to Congress as Minister Plenipotentiary.</p></div></div> + +<div class="thought_break"></div> + +<h3>RECEPTION OF THE FRENCH MINISTER BY CONGRESS.<a name="FNanchor_29" id="FNanchor_29" href="#Footnote_29" class="fnanchor">[29]</a></h3> + +<p class="letter_head"> +In Congress, November 17th, 1779.</p> + +<p>According to order the Chevalier de la Luzerne was +introduced by Mr Mathews and Mr Morris, the two members +appointed for that purpose; and being seated in his +chair, the Secretary of the Embassy delivered to the +President a sealed letter from his Most Christian Majesty, +in the terms following;</p> +<p><span class="pagenum"><a name="Page_368" id="Page_368">368</a></span></p> + +<p class="translation">THE KING OF FRANCE TO CONGRESS.</p> + +<p>"To our dear great Friends and Allies, the President +and Members of the General Congress of the United +States of North America.</p> + +<p class="letter_open"> +Very Dear Great Friends and Allies,</p> + +<p>"The bad state of health of M. Gerard, our Minister +Plenipotentiary to you, having laid him under the +necessity of applying for a recall, we have made choice +of the Chevalier de la Luzerne, a Colonel in our +service, to supply his place. We have no doubt, that he +will be agreeable to you, and that you will repose entire +confidence in him. We pray you to give full credit to all +he shall say to you on our behalf, especially when he shall +assure you of the sincerity of our wishes for your prosperity, +as well as the constancy of our affection and our +friendship for the United States in general, and for each +one of them in particular. We pray God to keep you, +our very dear great friends and allies, in his holy protection.</p> + +<p>"Done at Versailles, the 31st of May, 1779.</p> + +<p class="indent1">"Your good friend and ally,</p> + +<p class="signed">LOUIS."</p> + +<p>The Minister being announced, he addressed Congress +in the following speech.</p> + +<p class="translation">Translation.</p> + +<p class="letter_open"> +"Gentlemen,</p> + +<p>"The wisdom and courage, which have founded your +Republic, the prudence which presides over your deliberations, +your firmness in execution, the skill and valor displayed +<span class="pagenum"><a name="Page_369" id="Page_369">369</a></span> +by your Generals and soldiers during the course of +the war, have attracted the admiration and regard of the +whole world.</p> + +<p>"The King, my master, was the first to acknowledge a +liberty acquired amidst so many perils and with so much +glory. Since treaties dictated by moderation have fixed +upon a permanent basis the union of France with the +American Republic, his Majesty's whole conduct must +have demonstrated how dearly he cherishes your prosperity, +and his firm resolution to maintain your independence +by every means in his power. The events, +which have successively unfolded themselves, show the +wisdom of those measures. A powerful ally has acknowledged +the justice of those motives, which had compelled +the King to take arms, and we may reasonably hope for +the most solid success from the operations of the united +fleets. The naval force of the enemy has been diverted +from your continent, compelled to flee to the defence of +their own possessions. All their efforts have been too +feeble to prevent our troops from conquering a considerable +part. Other British Islands feared the same lot, +when the French General stopped the current of his success +to seek new dangers here. In conforming to his +Majesty's intentions, he has acceded to his own inclinations, +to the desires of the French, and to the request of +the Americans, who invited him to join his arms to those +of your Republic. Events have not completely answered +his courage and his efforts, but his blood and that of my +countrymen, shed in a cause so dear to us, has cemented +the basis on which the alliance is founded, and impressed +on it a character as indelible as are all those by which it is +already consecrated. +<span class="pagenum"><a name="Page_370" id="Page_370">370</a></span></p> + +<p>"That alliance, Gentlemen, becomes daily more indissoluble, +and the benefits, which the two nations derive +from it, have given it the most perfect consistency.</p> + +<p>"The relations of commerce between the subjects of the +King, my master, and the inhabitants of the Thirteen +United States, continually multiply, and we may already +perceive, in spite of those obstacles, which embarrass the +reciprocal communication, how natural it is, how advantageous +it will be to the two nations, and all who participate +in it, and how much the monopolising spirit, the +jealous attention and prohibitory edicts of the enemy to +your freedom, have been prejudicial to your happiness. +It is under these circumstances, Gentlemen, that the King +has been pleased to appoint me his Minister Plenipotentiary +to your Republic. You have seen in the letter, +which I had just now the honor to deliver from him, fresh +assurances of his friendship. I consider as the happiest +circumstance of my life a mission, in the course of which I +am certain of fulfilling my duty, when I labor for your +prosperity, and I felicitate myself upon being sent to a +nation, whose interests are so intimately blended with our +own, that I can be useful neither to France nor the American +Republic, without rendering myself agreeable both to +the one and the other.</p> + +<p>"It was certainly desirable that the affairs with which I +am charged had remained in the hands of that enlightened +Minister, whom I succeed, and whose health compels him +to return to France. I have not his abilities; but like him, +I have an unbounded zeal for the welfare and success of +the common cause. Like him, I am directed to concur +in everything, which can be useful or agreeable to your +Republic. I have the same attachment to the people +<span class="pagenum"><a name="Page_371" id="Page_371">371</a></span> +whom you, Gentlemen, represent, and the same admiration +of their conduct. I have the most fervent wish to give +you the proof of it; and I hope by these different titles to +merit your confidence and your esteem.</p> + +<p class="signed">LUZERNE."</p> + +<p>The translation of the foregoing speech being read to +the House by the Secretary of Congress, the President +returned the following answer.</p> + +<p class="letter_open"> +"Sir,</p> + +<p>"The early attention of our good friend and ally to +these United States is gratefully felt by all their virtuous +citizens, and we should be unfaithful representatives if we +did not warmly acknowledge every instance of his regard, +and take every opportunity of expressing the attachment of +our constituents to treaties formed upon the purest principles.</p> + +<p>"His Most Christian Majesty, in rendering himself a +protector of the rights of mankind, became entitled to assistance +from the friends of man. This title could not but +be recognised by a monarch, whose diadem is adorned +with equity and truth. That monarch, by joining his arms +to those of our great ally, has given a fatal blow to the +common enemy, and from the justice of the motives which +unite the combined fleets, we expect the most solid benefits +will crown their operations. Nor can we doubt that other +powers will rejoice to see that haughty nation humbled, in +proportion as they have been insulted by her presumptuous +arrogance. We well know, and all the world must acknowledge, +the moderation and friendship of the Most +Christian King, in neglecting conquests which courted his +acceptance, for the benevolent pleasure of succoring his +<span class="pagenum"><a name="Page_372" id="Page_372">372</a></span> +allies. In this, as in every other instance, we perceive his +strict adherence to the principles of our defensive alliance. +We are sensible of the zeal of the French General in executing +his Majesty's orders. We esteem his courage, we +lament his wounds, and we respect that generous valor, +which has led your countrymen to contend with ours in +the same common cause in the same field of glory; a +noble emulation, which has poured out the blood of the +two nations and mingled it together as a sacred pledge of +perpetual union.</p> + +<p>"The consequences, which have followed from the appearance +of the French fleet upon our coasts, particularly +by disconcerting the enemy's plans of operations, and destroying +a considerable part of their naval force, demonstrate +the wisdom of the measure. That they have not +been still more beneficial is to be attributed to those incidents, +which in the hand of Providence determine all +human events. But our disappointment is compensated +by reflecting on the perfect harmony, that subsisted between +the Generals and the troops of the two nations.</p> + +<p>"The prosperous course of this campaign gives a pleasing +hope that the moment of peace may soon arrive, when +the reciprocation of mutual good offices shall amply recompence +our mutual labors and cares, and we doubt not but +in that moment the commerce between the allied nations, +now struggling under great inconveniences, will shoot forth +with vigor and advantage, and happily demonstrate the injuries +we once suffered from the restraints of our enemies.</p> + +<p>"While we lament, Sir, the loss of your worthy predecessor, +we are led from your personal character to the +pleasing expectation, that you will possess that confidence +and esteem which he enjoyed. They are due to the servant +<span class="pagenum"><a name="Page_373" id="Page_373">373</a></span> +of our benefactor; we are happy in his choice, and +being thoroughly convinced of the intimate connexion +between the interests and views of the allied nations, we +cannot but persuade ourselves, that the more attentively +you shall perform your duty to your Sovereign, and the +more sedulously you shall guard and promote the welfare +of your country, the more agreeable and respectable you +will render yourself to the citizens of America.<a name="FNanchor_30" id="FNanchor_30" href="#Footnote_30" class="fnanchor">[30]</a></p> + +<p class="signed"> +SAMUEL HUNTINGTON, <i>President</i>." +</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_29" id="Footnote_29" href="#FNanchor_29"><span class="label">[29]</span></a> The ceremonial of the introduction of M. de la Luzerne to Congress +was the same, as had been adopted in the case of M. Gerard. +See the <i>Correspondence of M. Gerard</i>, above, p. <a href="#Page_245">245</a>.</p></div> + +<div class="footnote"><p><a name="Footnote_30" id="Footnote_30" href="#FNanchor_30"><span class="label">[30]</span></a> Mr John Adams came over from France in the same ship with +M. de la Luzerne, and the Secretary of Legation, M. de Marbois. +See his account of these gentlemen in <i>John Adams's Correspondence</i>, +Vol. IV p. 310.</p></div></div> + +<div class="thought_break"></div> + +<h3>DON JUAN MIRALLES TO M. DE LA LUZERNE.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, November 25th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>I had the honor of communicating to you on the 22d +instant two letters, which I received from the Governor-General +of the Island of Cuba, dated the 13th and the 22d +of July last. He informs me by order of the King, my +master, that the declaration of war against the King of +Great Britain, made by his Majesty, was solemnly published +at Havana, on the 22d of the said month of July, and he +requests me to ask for the co-operation of the United +States of America in the measures, the substance of which +I am now to have the honor of recalling to your recollection.</p> + +<p>The Honorable Congress having formerly proposed to +lay siege to the town of St Augustine in East Florida, in +<span class="pagenum"><a name="Page_374" id="Page_374">374</a></span> +order to restore it, in case of success, to the troops of his +Catholic Majesty, I am ordered to urge the said Congress +to direct the arms of the United States against that place, +in the hope that this diversion will give powerful assistance +to those, which the forces of the King have made by their +attack on Pensacola; and that consequently, the English +troops may be more readily driven from the territory of +the American Republics. I am to inform the Governor-General +of Havana, at what time the Honorable Congress +will be able to undertake this conquest, as well as what +land and naval forces that body will be able to employ in +effecting it; in order that the Spanish Generals may +arrange their operations agreeably to the information, +which I shall transmit to them.</p> + +<p>I am also ordered to invite the Honorable Congress to +undertake the conquest of the territory and the possessions +held by the English to the northeast of Louisiana; and as +the Governor of that province may by his experience contribute +greatly to the success of such an enterprise, he is +desirous of knowing the plan of operations, which Congress +will adopt in this affair, in order that on his part he may +second it by every effort in his power.</p> + +<p>The Governor-General of Havana is desirous of knowing +the quantity and kind of provisions, productions, and +supplies, with which the United States of America will be +able to assist Havana, and the Island of Cuba, as well as +the other possessions of his Majesty in America, in order +that he may decide according to such information, upon +the measures to be adopted for procuring his supplies of +provisions.</p> + +<p>I had yesterday the honor of communicating these various +requests to the Honorable Congress, which body was +<span class="pagenum"><a name="Page_375" id="Page_375">375</a></span> +pleased to appoint three of its members to confer with me +upon them. They declared, Sir, that they should be +much gratified to see my proposals supported by you; and +I entreat you to be pleased by your intervention to give +all requisite weight to the importance of these great objects.</p> + +<p>The sending as soon as possible, of such forces and +stores as Congress shall think proper, is of the greatest +consequence. Of equal importance are the means of +securing their arrival at their place of destination, with all +the security which circumstances will allow. It is then +desirable, Sir, that you would have the kindness to persuade +the Count de Grasse to be pleased to take them on +board of his squadron, and to conduct them under his convoy +to South Carolina or Georgia; and the deputies of +Congress have desired me to make this request of you. I +have answered them, in consequence of the communications, +which you have been pleased to make to me, that +you had already made some overtures to that commander, +in relation to the operations in which he might engage, +and that you were now expecting his answer.</p> + +<p>The interests of our Sovereigns, Sir, are so closely connected, +the independence and welfare of United America +are objects so dear and so important to you, that I have +no doubt you will use all efforts to secure a compliance +with the requests, which I have the honor to make +of you in the name of the King, my master, and on the +success of which depends, in a great degree, the success +of the general operations of the allied powers.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">DON JUAN DE MIRALLES.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_376" id="Page_376">376</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head">Philadelphia, November 26th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France has the honor +of communicating to the Congress of the United States, +a letter of Don Juan de Miralles, containing sundry propositions, +which appear to him to deserve the most serious +attention. Although the Chevalier de la Luzerne has no +instructions from his Catholic Majesty, he is too sensible +of the good understanding and intimate connexion subsisting +between the Courts of Versailles and Madrid, not to +recommend these overtures in the most pressing manner to +the consideration of Congress.</p> + +<p>The great design is to act against the common enemy, +and the more pains that are taken to unite the strokes +aimed against them, the more certain will be their effects. +As to what regards the concurrence of the royal fleet in +the operations proposed, the underwritten has the honor +to observe, that he is entirely uninformed touching the part +it will be able to take. He has, however, written a letter +to the Count de Grasse, which that commander will receive +on his arrival at Hampton. As soon as the underwritten +shall have received an answer, and the necessary +information, he will take the earliest opportunity of communicating +them to such of the delegates as Congress shall +be pleased to appoint.</p> + +<p class="signed"> +LUZERNE.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_377" id="Page_377">377</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, December 6th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>The undersigned Minister Plenipotentiary of France has +the honor of informing Congress, that he has received +from St Domingo intelligence of the capture of the Greyhound, +by eight American sailors. He annexes a summary +of some facts relative to this capture.</p> + +<p>In the terms of the intelligence, given on the 4th of +August, of the present year, by the officers of the Admiralty +of Port Paix, "the eight American sailors, having +taken the said schooner, without being provided with any +commission, have been sent back before Congress, in order +that this affair may be decided in conformity with the laws +of their country."</p> + +<p>The undersigned Minister is then desirous, that Congress +would be pleased to inform him, what use they shall +judge proper to make of the thirteen thousand nine hundred +and eighty nine livres, ten sols, which remain in the registry +of the Admiralty of Port Paix; whether it be thought +proper that this sum should be remitted to the agent of +Congress at St Domingo, in order that he may transmit it +to the eight men interested, in such manner as he shall +think fit, or whether Congress shall adopt an entirely different +mode of proceeding. The Chevalier de la Luzerne +will hasten to communicate to the commandants of the +Island of St Domingo, whatever resolution may have been +adopted, in order that they may without delay make +arrangements accordingly. The undersigned would have +wished to spare Congress the detail of this affair, by addressing +<span class="pagenum"><a name="Page_378" id="Page_378">378</a></span> +himself directly to the States of Massachusetts and +Rhode Island, in order to ascertain their intentions, but +the intelligence upon which the order of the General +and Intendant of St Domingo has intervened, obliges the +parties to come before Congress; besides, this form is the +best adapted to prevent all delays, and to cause this money +to arrive promptly at the destination, which shall be determined +upon.</p> + +<p class="signed"> +LUZERNE</p> + +<div class="thought_break"></div> + +<h3>PRESIDENT OF CONGRESS TO M. DE LA LUZERNE.</h3> + +<p class="letter_head">In Congress, December 16th, 1779.</p> + +<p class="letter_open">Sir,</p> + +<p>I am directed to inform you, that Congress in order to +testify their attention to the interest of his Catholic Majesty, +appointed a commissioner to confer with General +Washington on the subject of your letter, accompanying the +representation of Don Juan de Miralles;<a name="FNanchor_31" id="FNanchor_31" href="#Footnote_31" class="fnanchor">[31]</a> and though from +the result of their conference, they have reason to believe +that our grand army cannot be weakened while the enemy +retain their present force at New York, without considerable +danger, yet they have upon mature deliberation determined +rather to incur that danger, than not to comply, as +far as is consistent with our circumstances, with the views +of his Catholic Majesty, to whom they feel themselves +bound by that union of interest, which a common enemy +creates, by the favorable disposition manifested by his +Catholic Majesty to these United States, and by those +ties, which connect the House of Bourbon with the happiness +of mankind.</p> + +<p><span class="pagenum"><a name="Page_379" id="Page_379">379</a></span></p> + +<p>Under these impressions they have ordered a considerable +detachment from the grand army to join the troops +in Carolina, which, together with the forces already there +or on the way, will amount to about four thousand men, +exclusive of the militia of the Southern States, whom +Congress have called for upon this occasion. Congress +have also ordered three of their frigates to Charleston, to +be put under the direction of the commanding officer in +that department.</p> + +<p>This force they conceive will make so powerful a diversion +in favor of his Catholic Majesty's army, as to afford +probable hopes of their being crowned with success. You +will perceive, Sir, that any other co-operation with the +troops of Spain is impossible, while Savannah opposes a +barrier to a junction of our force. This, from its present +strength, it will not be easy for us to remove, till a more +decided superiority in this quarter enables us to transfer a +greater proportion of our army thither. Unless, in the +meantime, the Governor of Havana shall think proper to +furnish such aid, as when joined with the forces of the +United States in that quarter, will be sufficient to effect the +purposes before mentioned. But as Congress were desirous +of extending their views still further, and conceiving +the conquest of East Florida to be an object of great importance, +as well to his Catholic Majesty, as to these States, +they have therefore directed me to inform you, and through +you Don Juan de Miralles, by whom the intentions of his +Catholic Majesty are communicated, that they have given +full power to their General commanding in the Southern +department to correspond and concert with the Governor +of Havana, or any other person or persons, authorised by +his Catholic Majesty for that purpose, such plan as can +<span class="pagenum"><a name="Page_380" id="Page_380">380</a></span> +be agreed upon between them for carrying our views into +execution.</p> + +<p>I am, Sir, directed further to inform you, that though +Congress cannot promise any considerable quantity of provisions +until the army of the United States are supplied, yet +as soon as that can be done, every means will be used to +furnish provisions for his Catholic Majesty's Islands and +fleet. But in the meantime they conceive, that a large +supply of rice may be afforded by the State of South Carolina, +while Congress will readily aid the agents of Spain +in procuring the same.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">SAMUEL HUNTINGTON, <i>President</i>.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_31" id="Footnote_31" href="#FNanchor_31"><span class="label">[31]</span></a> See above pp. <a href="#Page_373">373</a>, <a href="#Page_375">375</a>.</p></div></div> + +<div class="thought_break"></div> + +<h3>M. HOLKER TO M. DE LA LUZERNE.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, January 10th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>I have the honor of transmitting to you the annexed +letter, and copy of a late law of the State of Maryland, +which I have this moment received from Mr William +Smith, a merchant at Baltimore. As it is of a nature to +alarm us in relation to all the operations, which have been +concerted in the Islands, or contemplated with respect to +other places during the course of the ensuing summer; +as, moreover, the vessels and store-ships, which I expect +from Martinique, to supply the place of those which were +destined by the Count d'Estaing for the Chesapeake Bay, +and which the officers of the King have thought it their +duty to sacrifice and sell to the State of Carolina, with a +view to contribute, as far as lay in their power, to the security +<span class="pagenum"><a name="Page_381" id="Page_381">381</a></span> +and defence of that place; as, I say, these store-ships +might arrive immediately, and I might be obliged to +send them back in ballast, if the corn and wheat, which I +have purchased in Maryland, should be seized, and as, +thereby, all my transactions and engagements would not +only become uncertain, but might terminate in a manner +disgraceful to me, and in the failure of the naval operations +of the King in America, I cannot forbear to claim, in the +most urgent manner, the influence of your character with +the Congress of the United States upon this occasion, +while I observe to you, that if the law of Maryland is put +in execution in relation to the provisions, which I have +collected at a great expense and with every possible precaution, +I shall, for the future, be unable to take a single +step in the service of the King, and shall be obliged to pay +large sums to indemnify those with whom I have made +engagements.</p> + +<p>Your Excellency is aware of the innumerable difficulties, +which I have experienced since I have been engaged +in this country, in the naval service of the King. They +seem to multiply every moment, and have become so great +that I am compelled to declare to you, that I cannot guaranty +or be answerable for the success of the least operation, +unless you shall be able most speedily to persuade +Congress to take with each and every State in the Union, +decisive and effectual measures to cause respect to be +shown to my transactions, carried on in the name and on +the account of his Majesty; while I repeat my offers to +oblige my agents and correspondents to conform to such +suitable formalities, as your Excellency shall think proper +to prescribe for the general tranquillity and satisfaction.</p> + +<p class="indent1"> +I am, Sir, &c.</p> + +<p class="signed">HOLKER.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_382" id="Page_382">382</a></span></p> + +<h3>WILLIAM SMITH TO M. HOLKER.</h3> + +<p class="letter_head">Baltimore, January 7th, 1780</p> + +<p class="letter_open">Sir,</p> + +<p>By express I send enclosed a copy of a letter I received +yesterday from the Governor and Council of this +State, in answer to my application for permission to load +the brig Hawk with flour for Cape François, on account of +his Most Christian Majesty. You will perceive by this +letter, that I am not permitted to proceed in loading this +vessel as you direct, nor will any permission for that purpose +be granted until the army is supplied.</p> + +<p>That the army ought to be supplied, I doubt not you +will think right; but that the wheat and flour collected +in this port should be taken for that purpose, when I presume +a sufficient quantity may be had much more convenient +to the army and less prejudicial to your interest, +you will, probably, conclude is not so convenient, and +might, if duly considered, have been avoided. I am well +informed that the public purchasers in Harford county have +now on hand upwards of three thousand barrels, which, for +a wagon at this season of the year, are at least three days +nearer camp than this place. Besides, very considerable +magazines must be provided on the eastern shore of this +State; and it seems to me, that the distresses of our army +have arisen more from the want of carriages to convey a +sufficient quantity of flour to camp, than from any other +cause.</p> + +<p>Be that as it may, I find that the Commissioners for this +county are determined to lay their hands on all your wheat +and flour, and have already seized some of your wheat, +and I doubt not but the whole on the eastern and +<span class="pagenum"><a name="Page_383" id="Page_383">383</a></span> +western shores will be taken as soon as they conveniently +can do it. Therefore, I thought it my duty to despatch +this information to you by express, that you may take such +measures in the premises as you judge best. You will see +by the enclosed letter, that no relief is to be expected from +our Governor and Council. Perhaps an application to +Congress may procure a resolve directing your magazines +to be spared, by lending some for the present emergency. +But that ought to be taken when most convenient for the +army, and least prejudicial to you.</p> + +<p>You will please to favor me with a line by return of the +bearer, directing whatever steps you may think will be +most conducive to the interest of his Most Christian +Majesty.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">WILLIAM SMITH.</p> + +<div class="thought_break"></div> + +<h3>THE PRESIDENT OF THE COUNCIL OF MARYLAND TO +WILLIAM SMITH.</h3> + +<p class="letter_head"> +In Council, Annapolis, January 6th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>We received your favor of the 3d instant by express. +As the grand object of the "Acts for the immediate supply +of the army, &c." is to procure an immediate and full +supply of provisions for <i>our</i> army, it was necessary that +the Commissioners should be vested with extraordinary +powers, that those powers should be accurately defined, +and that the mode to be pursued by them should be plainly +delineated; which is done. We do not think that flour or +wheat purchased for the Marine of France, privileged or +exempted from seizure, and we are certain it was not the +<span class="pagenum"><a name="Page_384" id="Page_384">384</a></span> +intention of the Legislature that those articles should be, +because such exemption would, in a great degree, if not +wholly, frustrate the design of the law.</p> + +<p>We deem it our duty to afford the Commissioners every +aid in our power to facilitate the execution of the law, and, +therefore, cannot at this time grant permission to export +flour or wheat purchased by the agents of France; because +we should thereby restrain that extensive operation +of the act, by which alone we can obtain an immediate +supply adequate to our pressing wants. We are sensible, +that it is of importance that the Marine of France should +be furnished with flour, and it is with the utmost regret +that we have refused permission, and nothing could have +induced us to do it, but the alarming and distressful situation +of our army; and when we have assurances that their +wants are relieved, we shall with pleasure grant license as +heretofore.</p> + +<p>The numerous evils, that would result from procrastinating +the supplies when contrasted with the inconveniencies +alluded to by you, will, we trust, evince the propriety +of our conduct and justify our refusal.</p> + +<p class="indent1"> +We are, with respect, Sir, &c.</p> + +<p class="signed">J. T. CHASE, <i>President of the Council</i>.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, January 10th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>The undersigned Minister Plenipotentiary of France, +has just received from M. Holker a letter, of which a copy +is annexed, in relation to a law, passed by the State of +<span class="pagenum"><a name="Page_385" id="Page_385">385</a></span> +Maryland, to authorise the Commissioners therein named +to seize the grain, corn, and rice, which may be found +stored in the hands of individuals in that State, and to +carry them away. It is to be presumed, that if the General +Assembly of Maryland had been informed of the +measures taken, at a great expense, to procure supplies +for the fleets of his Majesty and for his garrisons in the +French Islands, and of the pressing wants which they +suffer, they would have excepted from this law the provisions +found in the hands of Mr Smith.</p> + +<p>The undersigned is about to take suitable measures for +inducing the government to refrain from seizing the said +provisions, and to replace them in case that they are +already seized. He earnestly entreats Congress to be +pleased, on its part, to recommend to the Councils and +Assemblies of the Thirteen States to refrain, in circumstances +of this nature, and in all other cases, from all +measures which may cause any uncertainty in the operations +of the King's Navy Agents, endanger the success of +the plans of the campaign, and expose to want and to the +greatest inconveniences the garrisons of the French Islands, +the governors of which are previously informed of the +measures taken to procure supplies for them in the United +States, and in concert with Congress and the respective +governments of the States.</p> + +<p>The present juncture being of a very pressing nature, +the undersigned entreats Congress to be pleased to come +to a decision on this subject as quickly as possible. He, +moreover, proposes to the Council of Maryland to subject +the agents and Commissioners, charged with making purchases +on account of his Majesty, to all the legal forms +best adapted to prevent every kind of abuse on their part; +<span class="pagenum"><a name="Page_386" id="Page_386">386</a></span> +and he is desirous that the States, in which purchases +of this nature may be made, should be pleased to take +similar measures.</p> + +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>TO GEORGE WASHINGTON.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, January 23d, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>Advices recently received from Europe make mention +of the efforts, which the English have made in Germany +to procure recruits and new levies, and of the difficulty +they have experienced even on the part of those Courts +with whom they had before treated. The greatest part +of the German Princes, who have sold soldiers to the +Court of London, now blush at these sales, which have +excited their subjects against them, and which besides +have drained their States. They are reluctant to give +troops to a power, that is making war against France, with +whom they have always preserved amicable ties, and I am +assured, that it is even doubtful whether the English will be +able to procure a few recruits to complete the corps they +have in America.</p> + +<p>I am informed, that these circumstances have determined +the British government to make every effort to +obtain men in America, whom they cannot procure in +Europe, and that Mr Clinton has received orders to spare +no pains to effect the exchange or deliverance of the troops +of the Convention of Saratoga, and of other prisoners, who +are in the hands of the Americans. It is added, that the +want of the Court of London for soldiers is so pressing, that +<span class="pagenum"><a name="Page_387" id="Page_387">387</a></span> +General Clinton has been authorised to surmount all the +difficulties, which may arise in the negotiation of this exchange, +and that he is even permitted in case of absolute necessity +to treat with Congress, or their Ministers, on +terms of perfect equality, and as with an independent +power. He has also equally full liberty to agree upon the +number of private soldiers, who may be given in exchange +for an officer of any rank whatsoever; and they order him +simply to remember in treating of this matter, that an English +soldier transported to America is of an infinite price to +England, and they exhort him to employ all his efforts to +bring about an exchange whatever may be the conditions.</p> + +<p>I hasten to communicate these interesting ideas to Congress, +and I have learned, that they were confirmed by the +event, and that Major General Phillips had in effect drawn +on a negotiation, the progress of which had been entirely +confided to your Excellency. They prayed me at the +same time to send you a communication of these objects, +which the Congress think ought greatly to influence the +measures, which it will be in your power to take, when +you know that the English Commissioners have orders to +pass over all difficulties, and to grant all the demands, +which may be made, rather than to lose the occasion of +reinforcing the army they have upon this continent.</p> + +<p>I join to this some extracts, the contents of which have +appeared to me of a nature to interest your Excellency. +You will see besides, Sir, by the despatch of the British +Minister, with what affectation he seeks to make the Thirteen +States to be considered as subjected to the English +domination, and you will judge of what importance it is to +you to treat with the Court of London upon the footing of +perfect equality, and how useful an act of this nature may +<span class="pagenum"><a name="Page_388" id="Page_388">388</a></span> +be to the negotiations of Congress in Europe, when they +can add to all the facts, of which the Court of Madrid makes +mention in its memoir, a cartel regulated on the footing of +perfect parity, and which would prejudge beforehand the +question of your independence. I congratulate myself, that +this negotiation is in your hands, and I am well persuaded, +that nothing will pass derogatory to the part, which my +Court has taken in acknowledging the independence and +the perfect sovereignty of the United States.</p> + +<p>I shall intrust to your Excellency, that the King is disposed +to send over succors to this continent, of arms and +ammunition, but as the events of the sea are uncertain, I +believe that it will be proper to make no change in the +measures, which may have been taken otherwise to procure +them. This news not having reached me till yesterday, +I have not yet been able to make a communication +of it to Congress.</p> + +<p>As you may be retained in your quarters by important +considerations, I propose to go to render you my duties +in the course of the next month, and confer with your +Excellency on objects of great importance, and relative to +the measures necessary to push the next campaign with +vigor, and to put the American army in a condition truly +proper to hold the enemy in check upon the continent, +whilst his Majesty and the King of Spain shall display in +the other parts of the world all their forces to secure advantageous +terms of peace to the allies.</p> + +<p class="indent1"> +I am, with respect, Sir,</p> + +<p class="signed">LUZERNE.</p> + +<p><i>P. S.</i> This letter will be delivered to your Excellency +by M. de Galvan, who has been raised to the rank of Major +<span class="pagenum"><a name="Page_389" id="Page_389">389</a></span> +by your goodness; he desires to merit it anew, and prays +me to solicit you to put his zeal in activity. I shall be +very grateful for what you may be pleased to do for him. +He was particularly recommended to me by the Minister +of France. He appeared to me to merit a great deal from +his zeal, and from his personal attachment to your Excellency.</p> + +<div class="thought_break"></div> + +<h3>PAPERS MENTIONED IN THE ABOVE LETTER.</h3> + +<p class="translation">No. 1.</p> + +<p class="translation">Translation.</p> + +<p class="blockquot"><i>Extract of a Memorial communicated by the Ambassador +of England to the Court of Madrid, on the 28th of +March, 1779.</i></p> + +<p>Let the Colonies expose also their grievances, and the +conditions for their security, or for their precaution, in +order that the continuance and authority of lawful government +may be re-established; and then we shall see if a +direct and immediate accommodation can take place. If +this same method is preferred in this last case only, let a +truce be made in North America, that is to say, a real +truce and suspension of arms, during which may be established +and secured the liberty and estates of persons of +every condition, and let all sort of violence against the +respective subjects, or against the estates or effects which +they possess, be made to cease. During this truce, the +French may treat upon their particular concerns, avoiding +thereby the suspicions, to which they would necessarily +expose themselves, if they wish to involve in the negotiation +their private advantage relatively to the pretended interests +<span class="pagenum"><a name="Page_390" id="Page_390">390</a></span> +of those, whom France with affectation calls her +allies; and his Majesty will be able to establish the government +of his own dominions, without suffering the humiliation +of not receiving, but from the hand of a declared +enemy, the conditions which regard this government.</p> + +<div class="thought_break"></div> + +<p class="translation">No. 2.</p> + +<p class="translation">Translation.</p> + +<p class="blockquot"><i>Ultimatum proposed by the Court of Madrid to the Courts +of France and England, dated 3d of April, 1779.</i></p> + +<p>If these overtures or propositions had arrived here immediately +after the King had made his to adjust the plan +of reconciliation, several difficulties might have been some +time since removed, by the modifications, which might +have been negotiated, counting upon good faith and reciprocal +confidence, as well as the desire of obtaining a peace; +but after having lost more than two months, without reckoning +the time that uselessly passed before, and after having +observed that during this interval they did not cease +to make great preparations of war, it must necessarily be +suspected, that the object of England is to let glide away +the months, which the campaign might still last, to continue +the war with vigor. In this case all the efforts of the King +to bring back the belligerent powers to peace would be +ineffectual. Nevertheless, his Majesty, wishing to give one +more proof of his love of humanity, and to make it appear +that he has neglected nothing to stop and prevent the +calamities of war, has ordered to propose to the two Courts +the following plan, which will be on his part an ultimatum +in this affair.</p> + +<p>"That there shall be an unlimited suspension of arms +<span class="pagenum"><a name="Page_391" id="Page_391">391</a></span> +with France on the condition, that neither of the belligerent +powers can break it without advertising the other a year +beforehand.</p> + +<p>"That with a view of re-establishing reciprocal security +and good faith between the two Crowns, by means of this +suspension of hostilities, there shall be a general disarming +in the space of one month on the side of Europe, in four +months on that of America, and in eight months or a year +for those of Africa and of Asia the most remote.</p> + +<p>"That they shall determine in a month the place where +the Plenipotentiaries of the two Courts shall assemble, to +treat of a definitive accommodation of peace, and to regulate +the restitutions or compensations relative to the reprisals, +which have been made without adjudication of war, +and to other grievances or pretensions of one or the other +Crown. For this purpose the King will continue his mediation, +offering in the first place the city of Madrid to +hold a Congress.</p> + +<p>"That the King of Great Britain shall grant a like +cessation of hostilities to the American Colonies, by the +intercession and mediation of his Catholic Majesty, a year +beforehand, to the end, that he may apprize the said +American Provinces, that they are equally ordered to +make a reciprocal disarming at the epochas, and for the +spaces of time, which have been specified with regard to +France.</p> + +<p>"That the bounds be fixed beyond which neither of +the two parties shall pass from the positions and territories, +in which it shall be at the time of the ratification of this +arrangement.</p> + +<p>"That they may send to Madrid one or more Commissioners +on the part of the Colonies, and that his Britannic +<span class="pagenum"><a name="Page_392" id="Page_392">392</a></span> +Majesty may also send others on his part under the mediation +of the King, if necessary, in order to adjust all +those points and others, which respect this suspension +of arms, and the effects which it ought to produce, +so long as it shall subsist, and that during this interval the +Colonies shall be treated as independent in fact. That +in case all the belligerent powers, or any others among +them, or even the Colonies themselves, demand that the +treaties or accommodations, which are concluded, be guarantied +by those powers and by Spain, they shall in effect +be so guarantied. And the Catholic King now offers his +guarantee for the preliminaries."</p> + +<div class="thought_break"></div> + +<p class="translation">No. 3.</p> + +<p class="translation">Translation.</p> + +<p class="blockquot"><i>Extract from the Exposition of the Motives of the Court +of Spain relative to England.</i></p> + +<p>Among the propositions of the ultimatum of the King +of Spain, there is one for which the British Cabinet has +affected to have the greatest repugnance, and that is the +proposition which imparts, that the Colonies shall be treated +as independent <i>in fact</i>, during the interval of the truce. +It is extraordinary, since it is even ridiculous, that the +Court of London after having treated the Colonies during +the war as independent, not only <i>in fact</i>, but also <i>of right</i>, +should have any repugnance to treat them as independent +only <i>in fact</i>, during the truce, or suspension of arms. The +Convention of Saratoga, General Burgoyne considered as +a lawful prisoner, the exchange and liberation of other +Colonial prisoners, the nomination of Commissioners to +<span class="pagenum"><a name="Page_393" id="Page_393">393</a></span> +meet the Americans at their own homes, the act of having +asked peace of them, and to treat with them, or with Congress, +and a hundred other facts of this nature, authorised +by the Court of London, have been genuine signs of an +acknowledgment of the independence of the Colonies.</p> + +<p>It is the English nation itself, who can best judge and +decide, whether all these acts are as compatible with the +honor of the British Crown, as would be that of granting +to the Colonies, by the interposition of his Catholic Majesty, +a suspension of arms to discuss their differences, and to +treat them during this interval as independent <i>in fact</i>.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, January 24th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>I have the honor of sending you the credentials, by +which M. d'Anmours is provisionally appointed his Majesty's +Consul in the State of North Carolina. I entreat you +to be pleased to cause them to be invested with the sanction +of Congress, by having them entered upon the registers, +and by taking the trouble to affix your approval, or +causing that of Mr Thompson to be affixed, according to +the mode heretofore pursued in similar cases.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_394" id="Page_394">394</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, January 25th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France has received +express orders from the King, his master, to inform Congress, +that the present situation of the affairs of the alliance +in Europe announces the necessity of another campaign, +which is indispensable to bring England to an acknowledgment +of the independence of the Thirteen United +States, which is the essential purpose of the present war. +That power is making preparations the most proper for +continuing the war with vigor, and appears willing to employ, +in the course of this year, all the means possible to +procure reparation, by some important enterprise, for +the losses it has already sustained. Congress cannot +doubt, that in this situation of affairs his Most Christian +Majesty and the King of Spain have concerted plans +to maintain that superiority by sea, which has begun to +appear in their favor; and the underwritten has reason +to believe, that the United States have nothing to desire +of their ally, touching the use he is making of the resources +of his realm, and the efficacy of the measures adopted by +the Cabinets of Versailles and Madrid.</p> + +<p>But while this powerful diversion retains in Europe, and +the West Indies, the greater part of the land and sea +forces of the common enemy, it is absolutely necessary, +that the United States, on their part, should make efforts +proportionable to the greatness of the object for which they +are contending. The only means of putting an end to +the calamities of the war is to push it with new vigor; +<span class="pagenum"><a name="Page_395" id="Page_395">395</a></span> +to take effectual measures immediately for completing +the army and putting it in condition to begin an early campaign.</p> + +<p>It is also necessary to concert, as far as the distance of +places will permit, a plan of common operations; and this +is one of the principal points on which the underwritten +Minister is ordered to consult with Congress. He is also +ordered to assure this Assembly, that the King being informed +of the wants of the American army, with respect +to arms and ammunition, has commanded his Ministers to +make suitable arrangements for supplying them. It is necessary +that the underwritten Minister should confer with +Congress on the subjects just mentioned. Besides, he has +some particular circumstances to communicate relative to +the present or probable state of the negotiations; and he +desires that this assembly will be pleased to inform him in +what manner they will receive the communication, the subject +of which, as well as the plan of operations for the +ensuing campaign, requires the most profound secrecy. +In the meanwhile, he now only assures Congress, that in +the whole course of the negotiations carried on last year, +the King would not listen to either peace or truce, without +an assurance, of some sort, of the independence of the +United States.</p> + +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>REPORT OF A COMMITTEE ON THE COMMUNICATIONS OF +THE FRENCH MINISTER.</h3> + +<p class="letter_head"> +In Congress, January 28th, 1780.</p> + +<p>The committee appointed to receive the communications +of the Minister of France, reported the following +<span class="pagenum"><a name="Page_396" id="Page_396">396</a></span> +summary, accompanied with extracts of papers, which he +had recently received.<a name="FNanchor_32" id="FNanchor_32" href="#Footnote_32" class="fnanchor">[32]</a></p> + +<p>The Minister of France informed the Committee, that +he had it in command from his King to impress upon the +minds of Congress, that the British Cabinet have an almost +insuperable reluctance to admit the idea of the independence +of these United States, and will use every possible +endeavor to prevent it. That they have filled several of +the Courts of Europe with negotiations, in order to excite +them to a war against France, or to obtain succors; +and are employing the most strenuous endeavors to persuade +the several powers, that the United States are disposed +to enter into treaties of accommodation. That many +persons in Europe are actually employed in bringing such +treaties to perfection; and that they have no doubt of their +success. That the objects which the British Cabinet hope +for from those measures are, to destroy the superiority, +which France has now at sea, by diverting her powers +and resources from naval to land operations, and by engaging +her in a land war, where she must risk very important +interests, while England would risk nothing but money; +or to break, or weaken the alliance, by destroying the confidence, +which the allies ought to have in each other.</p> + +<p>That his Most Christian Majesty gives no credit to the +suggestions of Britain, relative to the disposition of the +United States; and it is necessary, that measures be taken +for the preventing of other powers from being deceived +into a belief of them. That the negotiations of Britain, as +far as could yet be learned, had not succeeded. That the +<span class="pagenum"><a name="Page_397" id="Page_397">397</a></span> +dispositions of all the European powers are, as far as can +be known, very friendly to France; but some of them +may be engaged in secret treaties with Britain, which may +oblige them, in some event, to assist her with troops even +against their inclinations. That such event may arise, and +if it should, it is probable it will produce an armed mediation, +the consequences of which would be, that the allies +must accept of the terms proposed by the mediator, or continue +the war under the disadvantage of having the forces +of the mediator united with those of their enemies. That +in such event, it is possible the terms proposed will be +such as Spain offered, and Britain rejected, in the last +proposed mediation.</p> + +<p>That, though the powers who may be under such engagements +by treaty to Great Britain, from their friendly +disposition towards his Most Christian Majesty, may be +very unwilling to give assistance to his enemies, yet they +may find it indispensably necessary in compliance with +their engagements; but it is not improbable that their reluctance, +or the distance of their dominions, may delay +such assistance, if granted at all, so as to be too late for +the next campaign. That should the enemy be in possession +of any part of the United States at the close of the +next campaign, it will be extremely difficult to bring Great +Britain to acknowledge their independence; and if a mediator +should be offered, while the enemy is in possession +of any part, an impartial mediator could not easily refute +the arguments, which might be used for its retaining such +possessions. And, probably, a mediator well disposed +towards Great Britain might insist on her holding them; +and if not agreed to, the hostility of such a mediator would +be the necessary consequence. That should Great +<span class="pagenum"><a name="Page_398" id="Page_398">398</a></span> +Britain form such alliances, or procure such aids, as are +the objects of her present negotiations, there will be every +reason to fear a long and an obstinate war, whereof the +final event may be doubtful.</p> + +<p>That this view of affairs plainly points out the necessity +for the greatest possible vigor in the operations of the next +campaign, in order to dispossess the enemy of every part +of the United States, and to put them in condition to treat +of peace, and accept of a mediation with the greatest advantage; +and the preparations for it ought to be as speedy +and as effectual as possible. That France and Spain are +prepared to make a very powerful diversion, and will exert +themselves most strenuously for preserving and improving +their naval superiority, and for employing the powers of +the enemy in Europe and the West Indies. The Minister +declared, as from himself, that he doubted not his Most +Christian Majesty will spare some ships to the United +States, if it can be done without endangering his superiority +at sea; and that an application made to the Minister +informally is more eligible than to the King, because it +would give his Majesty great pain to refuse the request, +though he might be in no condition to grant it. That at +all events, supplies should be prepared on a supposition +that the ships will be granted; and such supplies should +be put into the hands of the Agent for the Marine of +France, and considered as the King's property.</p> + +<p>He desires to be informed, as far as Congress may +deem proper, what force the United States can bring into +the field next campaign? On what resources they rely for +their maintenance and necessary appointments? And what +shall be the general plan of the campaign, on supposition +either of having, or not having the aid of ships of war? +<span class="pagenum"><a name="Page_399" id="Page_399">399</a></span> +He gives it as his opinion, that an application for clothing +may be made to his Most Christian Majesty with prospect +of success; and although measures have been taken for +sending arms and warlike stores to America, yet it would +be prudent in Congress not to neglect any other means for +procuring those supplies, or supplies of clothing.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_32" id="Footnote_32" href="#FNanchor_32"><span class="label">[32]</span></a> These extracts were the same as had been sent to General +Washington, and are printed above, in connexion with M. de la +Luzerne's letter to him, dated January 23d, 1780.</p></div></div> + +<div class="thought_break"></div> + +<h3>ANSWER OF CONGRESS TO THE COMMUNICATIONS OF THE +FRENCH MINISTER.</h3> + +<p class="letter_head"> +In Congress, January 31st, 1780.</p> + +<p>Congress taking into consideration the communications +of the French Minister, as reported by the committee on +the 28th instant,</p> + +<p>Resolved, That the following answer be given to the +communications of the honorable the Minister Plenipotentiary +of France;</p> + +<p>That Congress entertain the most grateful sense of the unremitting +attention given to the interests of the United States +by their illustrious ally; and consider the communications +made to them by his Minister under his Majesty's special +command as equally wise and interesting. That the confidence +which they repose in his Majesty, in consequence of +his so generously interesting himself in the affairs of these +United States, and the wisdom and magnanimity of his +councils, determine them to give the most perfect information +in their power of their resources, their views, and their +expectations.</p> + +<p>That to this end, they state as follows; that the United +States have expectations, on which they can rely with +confidence, of bringing into the field an army of twentyfive +thousand effective men, exclusive of commissioned +<span class="pagenum"><a name="Page_400" id="Page_400">400</a></span> +officers. That this army can be reinforced by militia so +as to be in force sufficient for any enterprises against +the posts occupied by the enemy within the United +States. That supplies of provisions for the army in its +greatest number can certainly be obtained within the +United States; and the Congress, with the co-operation of +the several States, can take effectual measures for procuring +them in such manner as that no operation will be +impeded. That provisions, also, for such of the forces of +his Most Christian Majesty, as may be employed in conjunction +or co-operation with those of the United States, +can be procured under the direction of Congress; and +such provisions shall be laid up in magazines, agreeably +to such instructions as his Majesty's Minister Plenipotentiary +shall give; and the magazines shall be put under the +direction of the Agent of the Marine of France.</p> + +<p>That Congress rely on the contributions of the States +by taxes, and on moneys to be raised by internal loans, +for the pay of the army. That supplies of clothing, of +tents, of arms and warlike stores, must be principally obtained +from foreign nations; and the United States must +rely chiefly on the assistance of their ally for them; but +every other means for procuring them are already taken, +and will be prosecuted with the greatest diligence.</p> + +<p>That the United States, with the assistance of a competent +naval force, would willingly, during the next campaign, +carry on the most vigorous offensive operations +against the enemy in all the posts occupied by them within +the United States. That without such naval force, little +more can be attempted by them than straitening the quarters +of the enemy, and covering the interior parts of the +country. That their forces must be disposed in such +<span class="pagenum"><a name="Page_401" id="Page_401">401</a></span> +manner as to oppose the enemy with the greatest effect, +wheresoever their most considerable operations may be +directed.</p> + +<p>That at present, the Southern States seem to be their +principal object, and their design to establish themselves in +one or more of them; but their superiority at sea over the +United States enables them to change their objects and +operations with great facility, while those of the United +States are rendered difficult by the great extent of country +they have to defend.</p> + +<p>That Congress are happy to find that his Most Christian +Majesty gives no credit to the suggestions of the British +cabinet relative to the dispositions of the United States, +or any of them, to enter into treaties of accommodation +with Great Britain; and wish his Majesty and all the +powers of Europe to be assured, that such suggestions are +insidious and without foundation.</p> + +<p>That it will appear by the constitutions and other public +acts of the several States, that the citizens of the United +States possessed of arms, possessed of freedom, possessed +of political power to create and direct their magistrates as +they think proper, are united in their determinations to +secure to themselves and their posterity the blessings of +liberty, by supporting the independence of their governments, +and observing their treaties and public engagements +with immovable firmness and fidelity. And the Congress +assure his Majesty, that should any individual in America +be found base enough to show the least disposition for persuading +the people to the contrary, such individual would +instantly lose all power of effecting his purpose, by forfeiting +the esteem and confidence of the people.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_402" id="Page_402">402</a></span></p> + +<h3>COMMUNICATIONS OF THE FRENCH MINISTER TO A COMMITTEE +OF CONGRESS AT A SECOND CONFERENCE.</h3> + +<p class="letter_head"> +In Congress, February 2d, 1780.</p> + +<p>The Committee report, that in a second conference +with the honorable the Minister Plenipotentiary of France +he communicated to them;</p> + +<p>That his Most Christian Majesty, being uninformed of +the appointment of a Minister Plenipotentiary to treat of +an alliance between the United States and his Catholic +Majesty, has signified to his Minister Plenipotentiary to the +United States, that he wishes most earnestly for such an +alliance; and in order to make the way thereto more +easy, has commanded him to communicate to the Congress +certain articles, which his Catholic Majesty deems of great +importance to the interests of his Crown, and on which it +is highly necessary that the United States explain themselves +with precision, and with such moderation as may +consist with their essential rights.</p> + +<p>That the articles are,</p> + +<p>1st. A precise and invariable western boundary to the +United States.</p> + +<p>2dly. The exclusive navigation of the river Mississippi.</p> + +<p>3dly. The possession of the Floridas; and</p> + +<p>4thly. The lands on the left or eastern side of the +river Mississippi.</p> + +<p>That on the first article, it is the idea of the cabinet of +Madrid, that the United States extend to the westward no +farther than settlements were permitted by the royal proclamation +bearing date the —— day of —— 1763.</p> + +<p>On the second, that the United States do not consider +<span class="pagenum"><a name="Page_403" id="Page_403">403</a></span> +themselves as having any right to navigate the river Mississippi, +no territory belonging to them being situated thereon.</p> + +<p>On the third, that it is probable that the King of Spain +will conquer the Floridas during the course of the present +war; and in such event, every cause of dispute relative +thereto between Spain and these United States ought to +be removed.</p> + +<p>On the fourth, that the lands lying on the east side of +the Mississippi, whereon the settlements were prohibited +by the aforesaid proclamation, are possessions of the Crown +of Great Britain, and proper objects against which the +arms of Spain may be employed, for the purpose of +making a permanent conquest for the Spanish Crown. +That such conquest may, probably, be made during the +present war. That, therefore, it would be advisable to +restrain the Southern States from making any settlements +or conquests in those territories. That the Council of +Madrid consider the United States as having no claims to +those territories, either as not having had possession of +them before the present war, or not having any foundation +for a claim in the right of the sovereignty of Great Britain, +whose dominion they have abjured.</p> + +<p>That his Most Christian Majesty, united to the Catholic +King by blood and by the strictest alliances, and united +with these States in treaties of alliance, and feeling towards +them dispositions of the most perfect friendship, is exceedingly +desirous of conciliating between his Catholic Majesty +and these United States, the most happy and lasting +friendship.</p> + +<p>That the United States may repose the utmost confidence +in his good will to their interests, and in the justice +and liberality of his Catholic Majesty; and that he cannot +<span class="pagenum"><a name="Page_404" id="Page_404">404</a></span> +deem the revolution, which has set up the independence of +these United States, as past all danger of unfavorable +events, until his Catholic Majesty and the United States +shall be established on those terms of confidence and amity, +which are the objects of his Most Christian Majesty's very +earnest wishes.</p> + +<div class="thought_break"></div> + +<h3>GEORGE WASHINGTON TO M. DE LA LUZERNE.</h3> + +<p class="letter_head">Head Quarters, Morristown, February 4th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>Major Galvan delivered me the letter, which your Excellency +did me the honor to write to me on the 23d of +January, to which I have paid all the attention the importance +of its contents demands. I am much flattered by +this commencement of a correspondence, from which I +have everything to gain, and equally indebted for the interesting +communications it affords.</p> + +<p>It is a happy circumstance, that the efforts made by the +British Court for obtaining troops in Germany are attended +with so little success. This will naturally increase their +exertions for procuring men in this country, and will, no +doubt, make them more solicitous for effecting the exchange +or release in some way or other, of their prisoners +in our hands. It will be well, if in the negotiations on this +subject, we can extract concessions favorable to those, +which may take place in Europe, and you may depend +the experiment shall be fully tried. But from the aspect +of the late propositions on the part of the enemy, I should +not entertain any sanguine hopes of the success of this experiment. +The reinforcement they would derive from a +full compliance with their proposals is not calculated at +<span class="pagenum"><a name="Page_405" id="Page_405">405</a></span> +more than ten or eleven hundred private men; and this +seems hardly to be an object of sufficient magnitude to +induce them to concede to points of the nature, which your +Excellency's information supposes; especially, as you emphatically +express it, "after having sought with so much +affectation to make the Thirteen States be considered as +subjected to the English domination." The offers made +through Major General Phillips are far more moderate, +than any that have hitherto come from them, and appear, +in a great measure, to have been influenced by his personal +solicitations, dictated by an extreme anxiety to be +released from captivity. But notwithstanding the matter +in its present form wears to me the appearance I have +mentioned, I shall not neglect any measure, which it may +be in my power to take, to improve the intimation your +Excellency has given, and entreat you to be assured, that +I shall endeavor to make the event confirm the opinion +you do me the honor to entertain, that nothing will be +done derogatory to the magnanimous part your Court has +acted, or the honor or interest of the United States.</p> + +<p>The inconsistency of the Court of London, so well delineated +by that of Madrid in the extract you had the +goodness to annex, would appear extraordinary, if their +whole conduct in the course of the war did not exhibit +many similar examples. But it is evident, that their refusing +to consider these States as independent in fact, +during a negotiation, was a mere pretext to cover their +unwillingness to concur in the pacific views of His +Catholic Majesty; and the Memorial from the British +Ambassador shows, that they were artfully aiming to +effect a separation of interests between France and +these States, the better to prosecute their hostile designs +against either or both. +<span class="pagenum"><a name="Page_406" id="Page_406">406</a></span></p> + +<p>I thank your Excellency for the agreeable intelligence +you give me of his Christian Majesty's intentions +to send over succors of arms and ammunition. +It is a new and valuable proof of his friendship, and +will be of essential utility. I agree with you, that +there ought to be no relaxation in the measures otherwise +intended to be taken to procure the necessary +supplies of those articles.</p> + +<p>I am sensibly mortified, that the present situation of +affairs will by no means suffer me to yield to the desire +I have of paying you my respects in Philadelphia; and +I shall impatiently look for the opportunity of doing it +here, which your Excellency promises me in the course +of this month. Besides the important objects of public +utility, which I am authorised to hope from it, I shall +take pleasure on every occasion of testifying to you +those sentiments of respect and esteem, with which I +have the honor to be, &c.</p> + +<p class="signed"> +GEORGE WASHINGTON.</p> + +<p><i>P. S.</i> The interest your Excellency is pleased to +take in Major Galvan, will be an additional motive +with me to avail myself of his talents and zeal, as far +as circumstances will possibly permit.</p> + +<div class="thought_break"></div> + +<h3>GEORGE WASHINGTON TO M. DE LA LUZERNE.</h3> + +<p class="letter_head">Head Quarters, Morristown, February 15th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>I have the honor to acknowledge the receipt of your +Excellency's letter of the 4th,<a name="FNanchor_33" id="FNanchor_33" href="#Footnote_33" class="fnanchor">[33]</a> which only reached +me on the 13th.</p> + +<p><span class="pagenum"><a name="Page_407" id="Page_407">407</a></span></p> + +<p>Sincerely desirous of doing everything in my power, +by which the interest of his Christian Majesty, inseparable +from that of these States, can in any manner be +promoted, and still more in a point so essential as that +which makes the subject of your letter, I should not +hesitate to furnish the detachment required by Mr +Duer, whatever might be my opinion of its necessity, +did not the present state of the army absolutely forbid +it. I with confidence assure your Excellency, that our +force is so reduced by the expiration of the terms for +which a considerable part of it was engaged, and will +be so much more diminished in the course of a month +or two from the same cause, as scarcely to suffice for +the exigence of the service, and to afford just cause for +uneasiness should the enemy be actuated by a spirit of +enterprise, before we receive the reinforcements intended +for the next campaign. So circumstanced, my +duty to the common cause will not justify me in adding +to the insecurity of our situation, by making a detachment, +which, though apparently inconsiderable, would +be materially felt in our present weakness; and I am +persuaded, after the information now given, that your +Excellency will wish me not to hazard the measure.</p> + +<p>With respect to the necessity of a covering party, I +shall not venture to decide; but I should imagine in +the present state of things, that the business may be carried +on with tolerable security without one. The consequences +of the late expedition promise tranquillity for +some time to our frontier, and make it at any rate +improbable that the savages will be able to penetrate +so far at so early a period, and the proposition does not +require that the covering party should remain longer +<span class="pagenum"><a name="Page_408" id="Page_408">408</a></span> +than until the last of April. The intelligence I have +received corresponds with these ideas. It might be +added, that the garrison at Wyoming gives some degree +of protection to the part of the country in question. +But as it is very important, that no interruption +should be given to the workmen, if a covering party +should upon the whole be thought requisite, the best +mode of furnishing it will be from the neighboring +militia. For this purpose on your Excellency's application +to Congress, I cannot doubt they will immediately +make the necessary arrangements.</p> + +<p> +I have the honor to be, with the most respect and +attachment, &c.</p> + +<p class="signed">GEORGE WASHINGTON.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_33" id="Footnote_33" href="#FNanchor_33"><span class="label">[33]</span></a> Missing.</p></div></div> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, March 8th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>I have just received from Martinique, a letter from +M. Gerard, who informs me, that at his request the +commander of Martinique has procured for the frigate +Confederation, belonging to Congress, the same sources +and facilities as are enjoyed by his Majesty's own +vessels. But there are no materials for masts, and as +this vessel has been dismasted, M. Gerard knows no +other means of hastening her repairs, than that of sending +masts to him from Boston, or any other part of +the continent where Congress can procure them.<a name="FNanchor_34" id="FNanchor_34" href="#Footnote_34" class="fnanchor">[34]</a></p> + +<p> +I have the honor to be, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_34" id="Footnote_34" href="#FNanchor_34"><span class="label">[34]</span></a> See further particulars on this subject in the <i>Correspondence of +John Jay</i>, Vol. VII. pp. 171, et seqq.</p></div></div> +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_409" id="Page_409">409</a></span></p> + +<h3>THE KING OF FRANCE TO CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p>To our Very Dear Great Friends and Allies the +President and Members of the Congress of the United +States of North America.</p> + +<p class="letter_open"> +Very Dear Great Friends and Allies,</p> + +<p>We have received your letter of the 22d of November +last, which you directed Dr Franklin to deliver. +We have seen therein with pain the picture of the distressed +state of your finances, and have been so affected, +that we have determined to assist you as far as our +own wants and the extraordinary and enormous expenses +of the present war, in which we are engaged for +your defence, will permit. The Chevalier de la Luzerne +is enjoined to inform you more particularly of +our intentions. And we are persuaded, that the details +which he will make will induce you to exert your +utmost efforts to second ours, and will more and more +convince you how sincerely we interest ourselves in +the cause of the United States; and that we employ all +the means in our power to make it triumphant. You +may rely on our perseverance in the principles, which +have hitherto directed our conduct. It has been fully +proved, as well as the sincere affection we entertain for +the United States in general, and for each in particular. +We pray God to have you, very dear great +Friends and Allies, in his holy protection.</p> + +<p>Written at Versailles, the 10th of March, 1781.</p> + +<p class="indent1">Your good Friend and Ally,</p> + +<p class="signed">LOUIS.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_410" id="Page_410">410</a></span></p> + +<h3>GEORGE WASHINGTON TO M. DE LA LUZERNE.</h3> + +<p class="letter_head">Morristown, May 5th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>Two days since I had the honor of receiving your +Excellency's letter of the 29th of April.</p> + +<p>The polite terms in which you mention the attention, +which my respectful attachment for you dictated during +your stay in camp, add to the obligation I felt for +the honor of your visit. I was happy in that opportunity +of giving you a new proof of my sentiments, and I +entreat you to afford me others as frequently as possible. +As the Minister of a Prince, to whom America +owes so much, you have every title to my respect; +and permit me to add, your personal qualities give you +a claim, which my heart cheerfully acknowledges, to +all my esteem and all my regard.</p> + +<p>I beg you to accept my thanks for your intention to +represent the army in so favorable a light, as will recommend +it to the approbation of his Most Christian +Majesty; an honor as flattering as it will be precious.</p> + +<p>It would be a want of gratitude not to be convinced +of the intimate concern he takes in our affairs, after the +repeated and decided proofs he has given.</p> + +<p> +I have the honor to be, with the highest consideration, +&c.</p> + +<p class="signed">GEORGE WASHINGTON.</p> + +<p class="letter_head">9 o'clock, A. M.</p> + +<p><i>P. S.</i> I have this instant received a letter from my +much esteemed and amiable friend, the Marquis de Lafayette, +dated in Boston harbor, the 29th of last month. +In the course of a day or two I shall expect to see him.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_411" id="Page_411">411</a></span></p> + +<h3>GEORGE WASHINGTON TO M. DE LA LUZERNE.</h3> + +<p class="letter_head">Morristown, May 11th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>The attentions and honors paid to M. de Miralles<a name="FNanchor_35" id="FNanchor_35" href="#Footnote_35" class="fnanchor">[35]</a> +after his death were a tribute due to his character and +merit, and dictated by the sincere esteem, which I always +felt for him.</p> + +<p>I am much obliged to your Excellency for your +intention of sending me a detail of the land and sea +forces arrived at Martinique, which I beg leave to inform +you was forgotten to be enclosed in your letter.</p> + +<p>You will participate in the joy I feel at the arrival +of the Marquis de Lafayette. No event could have +given me greater pleasure, on a personal account, and +motives of public utility conspire to make it agreeable. +He will shortly have the honor to wait upon your +Excellency, and impart matters of the greatest moment +to these States. He announces a fresh and striking +instance of the friendship of your Court, and which +cannot fail to contribute greatly to perpetuate the +gratitude of this country.</p> + +<p> +I am always happy to repeat to you the sentiments +of respect and inviolable attachment, with which I +have the honor to be, &c.</p> + +<p class="signed">GEORGE WASHINGTON.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_35" id="Footnote_35" href="#FNanchor_35"><span class="label">[35]</span></a> M. de Miralles, Agent for the Spanish Government in this country, +died in General Washington's camp, and was buried with military +honors.</p></div></div> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_412" id="Page_412">412</a></span></p> + +<h3>GEORGE WASHINGTON TO M. DE LA LUZERNE.</h3> + +<p class="letter_head">Head Quarters, Morristown, May 14th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>Since my last I have had the honor to receive the +detail of his Most Christian Majesty's fleet in the West +Indies, which your Excellency has had the goodness +to send me. I congratulate you very sincerely, Sir, on +this very respectable armament, which I found to surpass +my expectation, and I would willingly hope that +an occasion will be afforded the Count de Guichen to +strike some important blow with it, which shall advance +the honor and interest of his Majesty, and of +course the interest of these United States.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">GEORGE WASHINGTON.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 16th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>The undersigned, Minister Plenipotentiary of France, +has the honor of informing Congress, that the King, in consequence +of his affection, and friendship for the United +States, and of his desire to put an end by effectual measures +to the calamities of the present war, has resolved to +send to this continent a reinforcement of troops, intended +to act against the common enemy, and of vessels, which +will be employed in assisting the operations of the land +troops. As soon as Congress has decided on the plan of +<span class="pagenum"><a name="Page_413" id="Page_413">413</a></span> +the campaign, the Marquis de Lafayette will receive all +communications on this subject; and will on his part make +the overtures, which shall be necessary to the success of +the operations. But as despatch and secrecy ought to be +the very soul of these operations, and as, moreover, Congress +will undoubtedly find it indispensable to arrange +them in concert with the Commander in Chief, the Chevalier +de la Luzerne requests this Assembly to consider, +whether the course most proper to be adopted under these +circumstances be not to appoint, without the least delay, +a small committee, who shall repair to the army, furnished +with instructions, and there fix upon measures, which shall +be carried into execution immediately on the arrival of the +land forces, under the command of the Count de Rochambeau, +Lieutenant General of the armies of the King, and +the Chevalier de Ternay, commander of the squadron, at +whatever part of the continent they may have had orders +to land.</p> + +<p>As the measures to be taken, in relation to the supply of +necessaries and provisions to the auxiliary troops, will require +the concurrence of the Legislatures and Governors +of the several States, and particularly of those of Rhode +Island, Connecticut, New York, and New Jersey, the undersigned +Minister requests Congress to authorise the +same committee to render their assistance to the measures, +which the French General, or the Chevalier de la Luzerne, +or the Commissioners authorised by them, shall be able to +take with the different Legislatures; and with this view, +to give to the delegates, who shall compose it, powers as +extensive as Congress shall deem expedient.</p> + +<p>An object, which next to that just mentioned, requires +all the attention of Congress, is the information, which it +<span class="pagenum"><a name="Page_414" id="Page_414">414</a></span> +is important to obtain as to the forces, the situation, and +the resources of the enemy, in all the posts in their possession +on this continent. The Chevalier de la Luzerne +is consequently desirous, that Congress would be pleased +to appoint a committee to collect immediately all the intelligence, +details, and information, which may exist in +their deposits and archives, relative to the ports of North +America, now held by the English, from Halifax to St +Augustine, including Canada, to the depth of the bays, +creeks, and anchorages; to the forces which are stationed +there, and the forts and fortresses, which have been erected +there, the dispositions and number of the inhabitants, the +resources with regard to provisions, and in general, all +that information, which may promote the success of the +operations. It is equally desirable, that this committee +should have authority to carry on a correspondence, as +long as may be necessary, in the different parts of the +continent, whence this information can be obtained, in +order that the intelligence being always fresh, the commanders +of the expeditions may be able to establish their +plans upon sure bases. The Minister of France requests, +that the committee may be authorised to communicate to +him this various information, so far as such communication +shall not be inconvenient to Congress. Whatever promptness +these measures require, the Chevalier de la Luzerne +prays Congress not to take them into consideration, till +after the subject mentioned at the beginning of this Memorial +has been definitively settled.</p> + +<p>Dr Franklin has undoubtedly rendered an account to +Congress of the measures, which he has taken for sending +to this continent arms, stores, and clothing, as well as of +the means of facilitating the loan of three millions of livres, +<span class="pagenum"><a name="Page_415" id="Page_415">415</a></span> +which that Minister has procured, as well to meet this expense, +as to give effect to the treaties of Congress in relation +to it; and the Chevalier de la Luzerne will not go +into any detail on this subject.</p> + +<p>He will not close this Memorial, without congratulating +the American Senate on the zeal and ardor, which are +shown on every side to render the ensuing campaign decisive, +and to inflict upon the common enemy blows, which +shall be most sensibly felt, to expel him from this country +without the possibility of return, and to secure forever the +liberty of the Thirteen States.</p> + +<p>Circumstances have never been more favorable; the +enemy, hard-pressed on every side, is not in a state to oppose +an effectual resistance; the American forces are +about to become more respectable than they have ever +been, those of the King bring with them to this country +the most sincere desire to second the brave efforts of their +allies, and the two nations closely united for the purpose +of bringing their combined enterprises to a successful issue, +will seek only to distinguish themselves by their zeal, and +their attachment to the common cause.<a name="FNanchor_36" id="FNanchor_36" href="#Footnote_36" class="fnanchor">[36]</a></p> + +<p class="signed"> +LUZERNE.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_36" id="Footnote_36" href="#FNanchor_36"><span class="label">[36]</span></a> For the proceedings of Congress on the subject of this letter, see +the <i>Public Journals</i>, under the date of May 19th, 1780.</p></div></div> + +<div class="thought_break"></div> + +<h3>TO GEORGE WASHINGTON.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 21st, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>You will be informed by the Marquis de Lafayette, of +the measures adopted by the Congress relative to the operations +<span class="pagenum"><a name="Page_416" id="Page_416">416</a></span> +of the next campaign. I will not enter into a detail +with respect to them. I confine myself to assure your +Excellency of the eagerness of my countrymen to share in +your success, of the zeal which animates them for the +cause which you so gloriously defend, and of the desire I +have to receive your advice and orders in everything in +which you shall believe, that I may contribute to the success +of the combined operations.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>REPORT OF A COMMITTEE OF CONGRESS ON A CONFERENCE +WITH THE FRENCH MINISTER.</h3> + +<p class="letter_head"> +In Congress, May 24th, 1780.</p> + +<p>The committee appointed to confer with the Minister +of France on the subject of supplies and other matters +mentioned in this appointment, report as follows.</p> + +<p>That in their first conference with the Minister, he mentioned +his solicitude to procure the necessary provisions +for the fleet and army of his Most Christian Majesty; that +he wished to render every step he should take on this subject +conformable to the designs of Congress, and conducive +to the support of the combined forces; that he would +therefore lay before the committee the measures, that he +had already entered into, and was desirous to agree upon +any plan for our mutual benefit, which we should think it +proper to adopt.</p> + +<p>That previous to our appointment, the moments being +precious, he had despatched an agent to consult the Commander +in Chief and General Greene on the subject of supplies, +and would inform us of their sentiments at his return; +<span class="pagenum"><a name="Page_417" id="Page_417">417</a></span> +that lest his purchases might interfere with those, which +the States should make on account of the continent, he had +thought it most advisable to let the whole business pass +through their hands, and had accordingly written to Governor +Trumbull for a limited supply of beef, pork, and +mutton, leaving it to his option, either to be paid in bills +upon France, specie, or continental bills of credit.</p> + +<p>The committee have stated this information, that Congress +may, if they should find it necessary, give them their +directions before they digest any plan with the Minister of +France on the return of his agent.</p> + +<p>The committee conceive the establishment of posts and +expresses, who shall bring the earliest intelligence of the +arrival of the fleet of our ally, and the motions of the enemy, +as so necessary to the right application of our force, +that they submit the following resolution.</p> + +<p>Resolved, that the Committee of Intelligence be directed +to establish regular posts to and from the different parts +of the sea coasts of this continent, from Charleston to Boston, +in such manner as will most effectually procure information +of the approach of the fleet of our ally, and the +movements of the enemy in consequence thereof.</p> + +<p>The committee are further of opinion, from the representations +of the Minister of France, that every means +should be used to add to the strength of the fleet of our +ally on their arrival, particularly by completing the ship +America, since it is highly probable, that the naval force, +which the enemy may send to this coast, in order to frustrate +the friendly endeavors of our ally in our behalf, will +be adapted to that of France, without taking into the calculation +any addition which it may receive here. They +therefore submit the following resolutions. +<span class="pagenum"><a name="Page_418" id="Page_418">418</a></span></p> + +<p>Resolved, that the Board of Admiralty be directed to +fit for sea, with the utmost expedition, the several ships of +war and frigates now in port.</p> + +<p>Resolved, that it be earnestly recommended to the respective +States within whose ports any of the said ships or +frigates may be, to afford every assistance to the Board of +Admiralty on this application for artificers, laborers, and +materials, for preparing the same for sea, and for completing +this compliment of men.</p> + +<p>Resolved, that Congress will defray every necessary +expense, which any State shall incur in consequence of +the above resolution.</p> + +<p>Resolved, that the Board of Admiralty be empowered, +if they shall think it advisable to dispose of the Saratoga, +to apply the proceeds thereof to complete the America, or +any of the frigates, which may by that means be shortly +fitted for sea.</p> + +<p>And whereas it is proper to make provision for repairing +any damage, which the fleets of our ally may sustain +by storms or otherwise,</p> + +<p>Resolved, that the Board of Admiralty be directed to +cause as many masts, yards, and spars, as they shall deem +necessary for the above purposes to be procured.</p> + +<p>Resolved, that they may be also directed to settle signals +with the commanding officers of any ship or ships of +our ally, which may now or shall hereafter be upon the +coasts of the United States.</p> + +<p>And for the promoting of harmony and forwarding the +common views of France and America, it was further +agreed between the Minister of France and your committee, +that they should suggest to Congress the propriety of +adopting measures to prevent desertion from the fleet and +<span class="pagenum"><a name="Page_419" id="Page_419">419</a></span> +army of our allies, in which view they submit the following +resolution.</p> + +<p>Resolved, that it be recommended to the legislation of +these United States, to pass laws for the punishment of +such persons as shall encourage desertions from the fleets +or armies of any foreign power, who shall prosecute the +war in America in conjunction with these United States, +and for the recovering such deserters as shall endeavor +to conceal themselves among the inhabitants thereof.</p> + +<p class="signed"> +ROBERT R. LIVINGSTON, <i>Chairman</i>.</p> + +<div class="thought_break"></div> + +<h3>GEORGE WASHINGTON TO M. DE LA LUZERNE.</h3> + +<p class="letter_head">Morristown, June 5th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>My time has been so entirely engrossed in the preliminary +arrangements of immediate necessity towards the intended +co-operation, that I have not been able till now to +do myself the honor to thank your Excellency for your +letter of the 21st of May. We have too many proofs of +the general zeal of your countrymen in the cause of America, +not to be entirely convinced of it, and to feel all that +the most grateful sensibility can inspire.</p> + +<p>I am happy in believing, that the troops and citizens of +these States will eagerly embrace every opportunity to +manifest their affection to the troops and citizens of your +nation, as well as their gratitude and veneration to a Prince, +from whom they have received the most important benefits. +Penetrated with a sense of these, I shall think it my +duty to cultivate correspondent sentiments, as far as my +influence extends.</p> + +<p>The Marquis de Lafayette has given me an account of +<span class="pagenum"><a name="Page_420" id="Page_420">420</a></span> +all your Excellency has done for the advancement of the +combined operations. It will no doubt contribute essentially +to their success, and gives you a claim to the acknowledgments +of the two countries.</p> + +<p>I am too sensible of the value of the permission you +gave me to solicit your aid in everything, in which you +can continue to afford us your good offices, not to make +use of it as frequently as possible. I begin by <i>entreating</i> +you to favor me with your advice with the greatest freedom, +on whatever occurs to you interesting to our affairs +at this period.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">GEORGE WASHINGTON.</p> + +<div class="thought_break"></div> + +<h3>REPORT OF A COMMITTEE OF CONGRESS RESPECTING +COMMUNICATIONS FROM THE FRENCH MINISTER.</h3> + +<p class="letter_head"> +In Congress, June 5th, 1780.</p> + +<p>The committee appointed to receive the communications +of his Excellency, the Minister of France, relating +to supplies for the forces of his Most Christian +Majesty, and on other matters, beg leave to report, that +in a conference had on the 3d of the present month, +the Minister was pleased to make the following communications, +viz.</p> + +<p>That M. de Corney, Commissary of the troops of +his Most Christian Majesty, had orders to purchase a +number of horses, and to purchase or hire a number of +teams in the States where they could be most conveniently +procured, for the use of the forces of his +Most Christian Majesty, that should arrive to co-operate +with the forces of these United States. +<span class="pagenum"><a name="Page_421" id="Page_421">421</a></span></p> + +<p>That M. de Corney had also orders to endeavor to +procure in the several States, where it should be found +most convenient, provisions for the forces above mentioned, +in such manner as should least interfere with +the purchaser of the States or agents of Congress, and +as should be best adapted to support and establish the +credit of the paper currency. That M. de Corney +would apply to the supreme executive powers of the +several States, in which the purchases were to be made, +for their advice and aid in the matter.</p> + +<p>To obtain which, the Minister wished for the approbation +of Congress, and that if they should think fit, +letters might be written by the President to the supreme +executive powers of the several States, requesting +their advice and aid to M. de Corney in procuring +those supplies.</p> + +<p>That M. de Corney had received £7000 of the bills +lately emitted by the State of Pennsylvania, to use for +the purposes above mentioned, and would in his negotiations +avail himself of all opportunities for contributing +to the utmost of his power for establishing the +currency of the public bills of credit.</p> + +<p>That it would be necessary to give the said forces of +his Most Christian Majesty the option of receiving +their pay in specie, from their unacquaintedness with +paper money in general, and ignorance of the language +in which the bills of these United States are struck.</p> + +<p>Which circumstance the Minister thought proper to +suggest, that Congress might take any measures they +should judge necessary to prevent uneasiness arising +therefrom to the troops of these United States, who +might receive their pay in a different manner. +<span class="pagenum"><a name="Page_422" id="Page_422">422</a></span></p> + +<p>That to prevent loss happening to any of the citizens +of these United States, from receiving from the +troops of his Most Christian Majesty any small coins +they may be possessed of that shall be below the +standard alloy, the same will be exchanged for other +coins by persons that shall receive orders therefor.</p> + +<p>The Minister desired to be informed of the mode of +intelligence Congress would rely on to give them immediate +notice of the arrival of the forces from France, +and for keeping up a constant communication after +their arrival, and again repeated his wishes that nothing +might be left unprovided for, that could promise +despatch to their operations and render them most extensively +useful to these United States.</p> + +<p>The Minister also wished to recommend to the consideration +of Congress M. Louis Ethis de Corney, +Provincial Commissary of the troops in the service of +his Most Christian Majesty, for the honor of a brevet +commission of Lieutenant Colonel, which title his office +had given him in the French service. M. de +Corney desired not command or pay, but was ambitious +to deserve a mark of honor from these United +States, from which benefits might result to him hereafter.</p> + +<div class="thought_break"></div> + +<p>Upon the foregoing information your committee beg +leave to submit to the consideration of Congress the +following resolutions,</p> + +<p>That a brevet commission of Lieutenant Colonel be +granted to M. Louis Ethis de Corney.</p> + +<p>That M. de Corney be furnished with letters from +the President to the supreme executive powers of the +<span class="pagenum"><a name="Page_423" id="Page_423">423</a></span> +several States, or to such of them as M. de Corney +shall apply for, requesting their advice and aid to him +in procuring provisions and other necessaries for the +forces of his Most Christian Majesty expected to arrive +in these United States, in such manner as will best +avoid a competition of purchases for the use above +mentioned, and those for the use of the troops of these +United States.</p> + +<p>That the Minister of France be informed, that it is +the opinion of Congress, that the public service will +be best promoted by having the same currency made +use of, so far as may be, to procure supplies for the +forces of his Most Christian Majesty as for those of +these United States.</p> + +<p>That the Governors of the States of Virginia and +Maryland be requested immediately to engage trusty +persons in those States respectively, at proper distances +from each other, on the main road from Cape +Henry in Virginia to Philadelphia, to hold themselves +in readiness, should the French fleet be discovered off +that Cape or the adjacent coast, to forward intelligence +thereof, and any despatches that may be received from +them to Congress, in the most expeditious manner.</p> + +<div class="thought_break"></div> + +<h3>REPORT OF A COMMITTEE OF CONGRESS RESPECTING A +CONFERENCE WITH THE FRENCH MINISTER.</h3> + +<p class="letter_head"> +In Congress, June 7th, 1780.</p> + +<p>The committee appointed to confer with the Minister of +France on the mode of obtaining supplies for the forces of +his Most Christian Majesty, and on other matters, report: +<span class="pagenum"><a name="Page_424" id="Page_424">424</a></span></p> + +<p>That the Minister of France has communicated to your +committee, that as M. de Corney, Commissary of the troops +of his Most Christian Majesty, will go into the State of +Connecticut to procure some supplies, it would be convenient +for him to receive there an advance of money +from these United States, either in Continental bills or the +bills of that State, to be replaced in specie on the arrival +of the fleet from France, and the Minister engages that +the moneys, which shall be so advanced by these United +States to M. de Corney, shall be replaced in specie as +above mentioned.</p> + +<p>Upon which communication your committee beg leave +to submit to the consideration of Congress the following +resolution, viz.</p> + +<p>That the Governor of the State of Connecticut be, and +he hereby is, authorised to receive on account of these +United States, out of the moneys raised by that State more +than sufficient to discharge the drafts heretofore made by +Congress, and to comply with the requisition of Congress +of the 20th of last month, or out of the bills that shall be +completed and lodged in the Continental Loan Office in +that State for the use of the United States, pursuant to a +resolution of Congress of the 18th of March last, one +million two hundred thousand dollars of the bills now in +circulation, or thirty thousand dollars of the bills last mentioned, +or a proportion of each, on the application of M. +de Corney, Commissary of the troops in the service of his +Most Christian Majesty, and advance the same to him, +taking his receipt therefor, to replace the same in specie in +the Treasury of these United States when required by +Congress; said receipts to be transmitted to the Treasury +Board as soon as may be.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_425" id="Page_425">425</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, June 18th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>The undersigned Minister of France has witnessed the +efforts of Congress to enable the Commander in Chief to +make a glorious commencement of the campaign; he is +convinced of the zeal with which all its members are animated, +and if the army has not hitherto received any of +the reinforcements announced in January last, he is persuaded +that Congress deeply lament those delays, and are +sincerely desirous to prevent the fatal consequences, which +might result from them. The undersigned has, since the +beginning of this year, continued to make the most pressing +representations on this subject, and all the answers +that he has received tend to assure him that the arrangements, +which were announced, would be carried into +full execution at the beginning of this month. Now that +the time fixed for putting the army on a respectable footing +has passed by, and it is but too certain, that the reinforcements +demanded four or five months ago have not yet +arrived, he earnestly entreats Congress to be pleased to +pay immediate attention to the supply of these troops, and +to the fulfilment of their promises.</p> + +<p>The King, after the positive assurances, which he has +received, has not the least doubt, <i>that the American army +is now twentyfive thousand strong, not including commissioned +officers, and that it is, at this moment, in a condition +to undertake the most vigorous offensive operations +against the enemy in the posts, which he occupies within the</i> +<span class="pagenum"><a name="Page_426" id="Page_426">426</a></span> +<i>territory of the United States</i>. Congress, while giving +these assurances, expressed in an urgent manner the wish, +that a French squadron should facilitate the operations of +the land troops. The King has been eager to comply +with the requests of the Thirteen States. Their assurances +are the basis of the measures which his Majesty +has taken. A squadron is on the point of arrival, and the +French Generals expect to find forces, respectable in +numbers, ready to enter upon action. If, at the moment +of their arrival, they are deprived of the co-operation, upon +which they have reason to rely, the most precious time for +action will be lost; the enemy will have time to take the +necessary measures for defence, and, perhaps, to receive +reinforcements; the soldiers' ardor will be quenched in +inaction, and this delay will cause the loss of all the advantages +of a campaign, which, if conducted with suitable +promptness and activity, might have been made most useful +to the common cause, and perhaps decisive.</p> + +<p>It being manifestly necessary to complete the army, the +undersigned has no doubt that Congress, as well from regard +to the public interest, as to its own glory and the performance +of its promises, will immediately take, for the +accomplishment of this object, measures more effectual +than those which have hitherto been taken. He hopes +also, that the proper arrangements will be made for constantly +maintaining, during the whole campaign, the number +which has been announced, and he takes the liberty of +recommending this important object in an equal degree to +the consideration of Congress.</p> + +<p>The Minister of France, convinced of the zeal for the +public good, which inspires this Assembly, as well as of its +wisdom and prudence, hopes that it will see in his representations +<span class="pagenum"><a name="Page_427" id="Page_427">427</a></span> +only a new proof of his attachment to the +common cause; that it will not be offended at the freedom, +with which he expresses himself upon so important a subject, +and that it will be pleased to put him in a situation +to transmit to his Court satisfactory details respecting the +fulfilment of the assurances made to him by Congress in +January last.<a name="FNanchor_37" id="FNanchor_37" href="#Footnote_37" class="fnanchor">[37]</a></p> + +<p class="signed"> +LUZERNE.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_37" id="Footnote_37" href="#FNanchor_37"><span class="label">[37]</span></a> See the proceedings of Congress on the subject of this letter in +the <i>Public Journal of Congress</i>, under the date of June 21st, 1780.</p></div></div> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, June 28th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>The Minister Plenipotentiary of France has the honor +of informing Congress, that the Court of Madrid has sent +to Havana land and naval forces sufficient to make a +powerful diversion there. The Governor of Havana, +having been informed of the assurances given by this Assembly +on the 16th of December last, respecting the provisions +of which the islands and the fleet of his Catholic +Majesty might stand in need, is desirous that such quantities +of corn as shall not be necessary for the subsistence of +the armies destined to act upon this continent, may be successively +sent to him. It is desirable, that the quantity +now about to be sent should amount to three thousand +barrels, and, with the approbation of Congress, the undersigned +will give immediate orders to some merchants of +this city to make purchases in the States in such manner +as Congress shall think proper.</p> + +<p><span class="pagenum"><a name="Page_428" id="Page_428">428</a></span></p> + +<p>The Governor of Havana is also desirous of being supplied +with beef, and pork, suet, lard, and vegetables, and +with large and even small live cattle. The Minister of +France entreats Congress to be pleased to enable him to +send to Havana a favorable answer to these different demands, +and he will take pleasure in transmitting to the +Court of Madrid the intelligence of the facilities for supplies +of provision, which the Spanish Colonies shall have +enjoyed throughout the Thirteen States.</p> + +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>CONGRESS TO THE MINISTER OF FRANCE.</h3> + +<p class="letter_head">In Congress, July 7th, 1780.</p> + +<p>The Minister of France having, in a note dated the +28th of June, informed Congress that the Court of Madrid +has sent to the Havana a considerable body of forces to +make a diversion in that quarter; and that the Governor +of Havana desires, that as much flour and fresh provisions, +such as cattle, hogs, suet, lard, and pulse, as can be +spared, should be sent thither; and the Minister having intimated, +that three thousand barrels of flour are immediately +wanted, and that he will undertake to have that +quantity purchased and sent, if Congress approve the +measure, the following answer was returned;</p> + +<p>That the Minister of France be informed, that through +the loss of Charleston, the numerous army the States are +under the necessity of maintaining in the Southern department, +the ravages of the enemy, and the lightness of the +crops in the Middle States, as well as the present extraordinary +demand for the purposes of an effectual co-operation +with the expected armament of his Most Christian Majesty, +<span class="pagenum"><a name="Page_429" id="Page_429">429</a></span> +have not left these States in a situation to admit of +any considerable export of provisions; yet Congress, desirous +to testify their attention to the necessities of his +Catholic Majesty's Colonies and armaments, and as far as +lies in their power to compensate for the failure of supplies +of rice, which an alteration in the circumstances of +the Southern States has unhappily rendered it impracticable +to afford, have resolved, that it be recommended to +the State of Maryland to grant permission to such agent, as +the Minister of France shall appoint, to purchase within +that State any quantity of flour, not exceeding three thousand +barrels, and to ship the same to such Colonies of his +Catholic Majesty in the West Indies, as the Minister of +France may direct. That many of the articles mentioned +in this Memorial of the Minister being such as the Colonies +of his Catholic Majesty furnish upon better terms than +they can be procured from these States in their present +situation, it is to be presumed they will feel no inconvenience +from Congress' not entering at this time into any +determination thereon.</p> + +<p>Resolved, That Congress will from time to time afford +such supplies to the Colonies of his Catholic Majesty, as +their circumstances may require, and the situation of these +States enable them to grant.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 22d, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>I take the earliest opportunity to inform you, that his +Majesty's Minister, in giving me notice of the expedition +<span class="pagenum"><a name="Page_430" id="Page_430">430</a></span> +of the squadron, which arrived at Rhode Island on the +12th instant, informs me, that particular considerations +relative to the movements of the English, have induced +his Majesty to send, in two divisions, the forces which are +designated to act in this country. The first division, having +happily arrived, will be immediately ready for active +service. With regard to the second, it was to quit the +French coast as soon as circumstances should permit. +Will you have the kindness, Sir, in imparting this news to +Congress, to inform that body, that it ought to be kept +secret till the moment of execution. I hope that Congress +will approve of this reserve, both on account of the uncertainty +of events at sea, and because the enemy should +be kept in ignorance of our measures.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 25th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>As the present state of things may render the frigates, +and other vessels at the disposal of Congress, useful to the +combined naval operations, I pray you to have the goodness +to propose putting these vessels under the orders of +M. de Ternay, commander of the French squadron, while +instructions, such as shall be thought proper, are given to +the American captains. If Congress approves of this +proposition, it will be necessary to send orders to the +frigates, which are now in the eastern ports, so that they +may join the French squadron as soon as possible; if, +<span class="pagenum"><a name="Page_431" id="Page_431">431</a></span> +however, they have been destined to any other service, +and Congress is reluctant to change their destination, do +not, I pray you, Sir, insist on my demand. If these +vessels shall receive orders to join the French squadron, I +wish to have it in my power to inform M. de Ternay at +what time he may look for them, what signals they will +make on their approach, and what signals he shall use in +reply to theirs.</p> + +<p>I had hoped, Sir, after the assurances, which Congress +was pleased to give me, that the Confederacy would be +ready about the 15th of this month, at farthest. Will you +have the kindness to let me know, with as much accuracy +as circumstances will permit, about what time you think +that she will be ready to set sail.<a name="FNanchor_38" id="FNanchor_38" href="#Footnote_38" class="fnanchor">[38]</a></p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_38" id="Footnote_38" href="#FNanchor_38"><span class="label">[38]</span></a> <i>In Congress, July 27th.</i>—"Resolved, That the frigates Trumbull, +Confederacy, and Deane, and the sloop of war Saratoga, be put +under the direction of General Washington, to be employed in co-operating +with the fleet of his Most Christian Majesty, commanded +by the Chevalier de Ternay, in any naval enterprise on the coasts of +North America."</p></div></div> + +<div class="thought_break"></div> + +<h3>JOSEPH REED TO M. DE LA LUZERNE.</h3> + +<p class="letter_head">In Council, Philadelphia, July 25th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>In answer to your Excellency's favor of this day, I have +the honor to acquaint you, that the enlisting any deserter +in the Continental army being expressly contrary to the +direction of the Commander in Chief, the Hessian deserters +are quite at liberty to enter into the service of his +<span class="pagenum"><a name="Page_432" id="Page_432">432</a></span> +Most Christian Majesty, if his officers approve it, and they +will in that case receive every encouragement from us +to do.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">JOSEPH REED, <i>President of Pennsylvania</i>.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 26th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>Some Hessian deserters having come to me to obtain +service in the body of French troops sent by the King +to this continent, I have thought proper, before accepting +their offers, to know the opinion of the State +of Pennsylvania on this subject; and President Reed, +whom I consulted, returned for answer the letter of +which I annex a copy. Particular arrangements, relative +to the subsistence of these new recruits, will make +it necessary for me to have recourse to the Board of +War; and I request, Sir, that Congress would be +pleased to authorise the members composing it to agree +with me on such measures as circumstances shall render +necessary.<a name="FNanchor_39" id="FNanchor_39" href="#Footnote_39" class="fnanchor">[39]</a></p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_39" id="Footnote_39" href="#FNanchor_39"><span class="label">[39]</span></a> <i>In Congress, July 31st, 1780.</i>—"On a report from the Board of War, +to whom the Minister's letter of the 26th was referred,</p> + +<p>"<i>Resolved</i>, That, agreeably to the request of the Honorable the +Minister of France, the Board of War be authorised to take such +measures relating to the subsistence of the recruits, who shall be enlisted +into the service of his Most Christian Majesty out of the German +deserters from the enemy, as the said Board shall deem proper."</p></div></div> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_433" id="Page_433">433</a></span></p> + +<h3>GEORGE WASHINGTON TO M. DE LA LUZERNE</h3> + +<p class="letter_head"> +Head Quarters, July 27th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>I have the honor to enclose to your Excellency a letter, +which has just come to hand, from the Count de +Rochambeau, of the 22d instant. It is certainly of +great importance, that the precaution he mentions +should be taken without loss of time. I should think +the Delaware the best place for the reception of the +second division, though there ought to be cruisers off +both bays. It is necessary that a plan should be previously +fixed for the junction of the fleets after the +debarkation. I shall immediately write to the Count +for this purpose.</p> + +<p>We have repeated accounts from New York, that +General Clinton is making a large detachment for a +combined attack upon the French fleet and army. This +will be a hazardous attempt, and, therefore, though I +do not regard it as impossible, I do not give it entire +faith. The Count de Rochambeau has been some time +since apprized of these demonstrations, and seems to +have been preparing for what might happen.</p> + +<p>I have the honor to be, with every sentiment of +respect and attachment, &c.</p> + +<p class="signed">GEORGE WASHINGTON.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_434" id="Page_434">434</a></span></p> + +<h3>TO GEORGE WASHINGTON.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 30th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>I enclose to your Excellency a letter for M. de +Ternay, in which you will see what measures I have +taken to fulfil the intentions, which you imparted to +me on the 27th instant. I beg you will seal this packet +and send it to his address by the first opportunity.</p> + +<p>Congress have put under your orders the frigates, in +directing them to come into the Delaware. You will +be able to judge, after your arrangements with the +Chevalier de Ternay, whether these vessels, or one of +them, may not accomplish the commission desired. +Their cruise may then be useful to the commerce of +the United States. I know not whether M. de Ternay +will communicate to them any signals, by means +of which they may approach the coast without danger. +Your Excellency may be able, should you think it +necessary, to suggest it to him.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>GEORGE WASHINGTON TO M. DE LA LUZERNE.</h3> + +<p class="letter_head">Peekskill, August 4th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>Colonel Jamet arrived here last night, by whom I +had the honor to receive your Excellency's request, +that I would send instructions for the second division +coming from France, with respect to the measures, +<span class="pagenum"><a name="Page_435" id="Page_435">435</a></span> +which it should pursue for forming a junction with the +first. I beg leave to inform your Excellency, that I +wrote to the Count de Rochambeau, agreeably to my +letter to you of the 27th ultimo, and requested that he, +in concert with the Chevalier de Ternay, would communicate +to me, that it might be transmitted to your +Excellency, the line of conduct which they should +judge proper to be pursued by this division.</p> + +<p>As the Marine are concerned, and the junction in +present circumstances is a matter of peculiar delicacy, +I did not think myself qualified to decide on the point. +I have not received their answer yet, and therefore I +cannot pretend to determine what should be done; I +will, however, take the liberty to observe, that if the +ships of war with this division are superior, or even +fully equal to those of the enemy, off Rhode Island, I +should suppose it would be eligible for them to proceed +there at once, should they be met by the cruisers your +Excellency has sent out on the Southern coast. If this +is not the case, they ought to make the Delaware as +soon as possible. In this event the troops might be +forwarded to Trenton in the first instance, and the +ships might remain until ulterior measures, with respect +to them, should be determined. These, however, I +would not offer but as mere suggestions, and much it +would seem must depend on circumstances and the +discretion of the officer commanding the division.</p> + +<p>Perhaps if the ships of war should proceed directly +to Rhode Island, it will be best for them to disembarrass +themselves of their transports, and send them into +the Delaware as in the other case. I take it for +granted, that signals of recognisance have been preconcerted +between the two divisions. +<span class="pagenum"><a name="Page_436" id="Page_436">436</a></span></p> + +<p>On the 31st ultimo, the enemy's fleet in the Sound +returned from Huntington Bay to New York. From +every information the Count de Rochambeau and his +army were certainly their object, and they had embarked +in considerable force, with a view of attacking +him. I cannot determine with precision the reasons, +which induced the enemy to relinquish their plan; but +it is not improbable that the movements of our army, +and the ulterior measures I was about to prosecute, +operated in some measure to produce it.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">GEORGE WASHINGTON.</p> + +<div class="thought_break"></div> + +<h3>GEORGE WASHINGTON TO M. DE LA LUZERNE.</h3> + +<p class="letter_head">Peekskill, August 6th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>I had this morning the honor to receive your Excellency's +letter of the 30th of July, with the one addressed +to the Chevalier de Ternay, which I have +sealed and forwarded by an express.</p> + +<p>With respect to the Continental frigates, I beg leave +to inform your Excellency, that I did not apprehend, +from the resolution of Congress concerning them, that +they were to be under my orders, or to receive any +instructions from me, until they had joined the Chevalier +de Ternay, after assembling in the Delaware. +This being the case, I cannot give any directions about +them at present, and would take the liberty to recommend +to your Excellency to apply to Congress or the +Board of Admiralty; to the latter of whom I have +written to give their orders to the captains of the +<span class="pagenum"><a name="Page_437" id="Page_437">437</a></span> +frigates, on the conduct they are to pursue. The employment +for them, or at least for one which your +Excellency has suggested, appears to me to be proper, +and that it will answer the double purposes you +mention.</p> + +<p>I have, by my letter of today to the Chevalier de +Ternay, requested him to advise me in what manner +he thinks the frigates can be most usefully employed +to assist his fleet, and that there might be no further +delay, when matters with respect to them are ultimately +fixed, I requested him also to communicate to +the Captains of the frigates at Boston, as well as to +myself, the signals of recognisance.</p> + +<p>When I receive his answer I will embrace the earliest +occasion to transmit the signals.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">GEORGE WASHINGTON.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, August 15th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>I have received the letter, with which you honored me +on the 12th instant, with the resolutions of the 5th and +12th instants, which accompany it. Be pleased to assure +Congress, that I will neglect no means in my power for +securing the success of the prudent and patriotic measures, +which are about to be taken, and I can assure you of the +eagerness, with which the King will second those measures +and of his resolution to assist the Thirteen States, to the +<span class="pagenum"><a name="Page_438" id="Page_438">438</a></span> +utmost of his power. I shall transmit to his Majesty the +resolution, which you have been pleased to communicate +to me, and I have reason to believe, that he will entirely +approve of everything, that may contribute to the immediate +deliverance of the States invaded by the enemy.</p> + +<p>With regard to the concurrence of the forces of his +Catholic Majesty, I am entirely uninformed, and although +the good dispositions of the Court of Madrid towards the +Thirteen States are undoubted, I do not know in what +points the Spanish troops can assist the American armies.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, August 15th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>I have received the letter, which you did me the honor +of writing to me on the 12th instant, with an act of Congress +relative to the petition of George Basden. I shall +transmit the whole to the Governors of St Domingo, in +order to know their opinion on a subject of this nature, +but I can inform you beforehand, that it seems to me +doubtful, whether their opinion will be favorable to the +petitioner, as the Bermudians, living under the English government, +are not excepted from the number of our enemies, +by any public act, which has come to my knowledge.</p> + +<p>Allow me, Sir, to have the honor to remind you on this +occasion, that several notes, which I had the honor of +sending to the Committee of Commerce, in relation to +<span class="pagenum"><a name="Page_439" id="Page_439">439</a></span> +merchandise deposited in the hands of the Sieur Caraburse, +at St Domingo, have remained unanswered.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, September 1st, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>I have received the letter, with which you yesterday honored +me, and the account of the bills of exchange drawn on +Dr Franklin. I deeply feel the confidence, which Congress +repose in me, in confiding to me the details of this +affair, and I have no doubt, that Congress are persuaded of +the zeal and interest with which I shall lay before his Majesty's +Minister, the actual state of the finances of the Thirteen +United States. Their representatives are not ignorant +how desirous the King is to render them effectual +assistance, and the measures lately taken are new proofs +of his friendship and kindness for them.</p> + +<p>As to the bills of exchange in question, I have said with +freedom to the committee, with which I had the honor of +conferring, that I was in no way authorised to give any +hopes, that they would be accepted. I confided to that +committee, with equal sincerity, my reasons for fearing, +that great difficulties would be experienced in the payment +of them, unless Congress themselves succeed in placing +funds in the hands of their Plenipotentiary. I am persuaded, +Sir, that the explanations, which I have had the honor of +transmitting to Congress, by the committee appointed to +confer with me, are conformable to the system of sincerity +<span class="pagenum"><a name="Page_440" id="Page_440">440</a></span> +and frankness, which ought to exist between allies whose +interests are so closely connected.<a name="FNanchor_40" id="FNanchor_40" href="#Footnote_40" class="fnanchor">[40]</a></p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_40" id="Footnote_40" href="#FNanchor_40"><span class="label">[40]</span></a> See the resolutions of Congress, respecting the bills of exchange +here mentioned, in the <i>Public Journal of Congress</i>, for August 9th +and 15th, 1780.</p></div></div> + +<div class="thought_break"></div> + +<h3>GEORGE WASHINGTON TO M. DE LA LUZERNE.</h3> + +<p class="letter_head">Head Quarters, Bergen County,<br /> +September 12th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>I have the honor to enclose you a letter, which upon the +whole I have thought it advisable to write to the Count +de Guichen. As its contents are of a nature to make its +falling into the enemy's hands in its present form dangerous, +and as I have no cypher of communication with the +Count, I take the liberty to request your Excellency's assistance, +in making use of yours, and forwarding it by +triplicates with your despatches by the first opportunities.</p> + +<p>I make no mention of a land force, because though it +would be useful, it may be dispensed with. But if a body +of troops could conveniently accompany the fleets, it would +give greater energy and certainty of success to our operations. +I am the more induced to desire it, as the composition +of a considerable part of our army is temporary, +and I am not informed what measures may be taken to +replace the men whose times of service will expire.</p> + +<p>I need use no arguments to convince your Excellency +of the extremity, to which our affairs are tending, and the +necessity of support. You are an eye witness to all our +perplexities and all our wants. You know the dangerous +<span class="pagenum"><a name="Page_441" id="Page_441">441</a></span> +consequences of leaving the enemy in quiet possession of +their southern conquests; either for negotiation this winter, +or a continuance of the war. You know our inability alone +to expel them, or perhaps even to stop their career.</p> + +<p> +I have the honor to be, with the sincerest sentiments +of respect and attachment,</p> + +<p class="signed">GEORGE WASHINGTON.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, September 15th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>I have received the annexed Declaration,<a name="FNanchor_41" id="FNanchor_41" href="#Footnote_41" class="fnanchor">[41]</a> with orders +to communicate it to Congress. Some American merchants, +not knowing that Articles 11th and 12th, therein +mentioned, had been annulled, have made use of them in +the French Islands, to demand an exemption from the +duties paid on the exportation of molasses.</p> + +<p>An authentic publication of the treaty will remove all +remaining doubts as to the payment of this duty, to which +the subjects of his Majesty are themselves subjected.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_41" id="Footnote_41" href="#FNanchor_41"><span class="label">[41]</span></a> See this <i>Declaration</i>, annulling the 11th and 12th Articles of the +Treaty, in the <i>Correspondence of the Commissioners in France</i>, Vol. +I. p. 432.</p></div></div> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_442" id="Page_442">442</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, September 16th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>The undersigned, Minister Plenipotentiary of France, +being about to leave Philadelphia for some weeks, and +being desirous that in the present state of things, there +should be no interruption to the communications between +Congress and the French Embassy, has the +honor of informing this body, that M. de Marbois will +remain here as <i>Chargé d'Affaires</i> of his Majesty. As +the President and Delegates are aware of the attention, +which he has paid to the affairs relative to them, the +undersigned hopes that they will be pleased to grant +him their confidence.<a name="FNanchor_42" id="FNanchor_42" href="#Footnote_42" class="fnanchor">[42]</a></p> + +<p class="signed"> +LUZERNE.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_42" id="Footnote_42" href="#FNanchor_42"><span class="label">[42]</span></a> <i>In Congress, September 19th.</i> "A letter of the 16th, from the Honorable +the Minister Plenipotentiary of France, was read, informing +Congress that he is about to leave Philadelphia, and to be absent for +some weeks; but that M. de Marbois will remain here in quality of +his Majesty's <i>Chargé d'Affaires</i>; and hoping, that from his known +attention to matters relative to the embassy, Congress will grant him +their confidence; whereupon,</p> + +<p>"<i>Resolved</i>, That the President inform the Minister of France, that +in his absence they will readily continue their intercourse with the +embassy of his Most Christian Majesty, through M. de Marbois, as his +Majesty's <i>Chargé d'Affaires</i>, in whose abilities and attention to the +interests of the Court of France and those of the United States they +have just confidence."</p></div></div> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_443" id="Page_443">443</a></span></p> + +<h3>M. DE MARBOIS TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, October 8th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>I have received the letter, with which your Excellency +honored me on the 7th instant, and the accompanying +resolution of Congress. I shall, in compliance +with the wishes of Congress, send it in three despatches +to his Majesty's Minister, and shall make use of three +different vessels, which will sail for France in the +course of this week. I have no doubt that my Court +is sensible of the attention, which Congress shows in +communicating to it these measures, and that they will +appear equally just, moderate, and prudent.</p> + +<p> +I have the honor to be, &c.</p> + +<p class="signed">MARBOIS.</p> + +<div class="thought_break"></div> + +<h3>M. DE MARBOIS TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, October 27th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>In obedience to an order, which the Captain of the +store-ships in this port has just received, he will sail +for Boston or Rhode Island on Monday or Tuesday +next. Will your Excellency have the kindness to +inform me, if he can be convoyed to the mouth of the +Delaware, or to any other distance, by one of the Continental +frigates.</p> + +<p> +I have the honor to be, &c.</p> + +<p class="signed">MARBOIS.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_444" id="Page_444">444</a></span></p> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, November 1st, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>The Governors of the West India Islands express a +wish, that Congress would be pleased to take into consideration +the various inconveniences resulting from +the abuse by the English of the papers, which they +find on board of the American prizes, which fall into +their hands. They make use of these papers to enable +themselves to commit the most daring actions, and it +is the more difficult to prevent them, as they sometimes +have subjects of the United States on board, and +as the English language is spoken by them in common +with our allies.</p> + +<p>The undersigned, Minister Plenipotentiary of his +Most Christian Majesty, has the honor to propose to +Congress, <i>that henceforth every Captain bound to the +French Colonies shall sign his own papers in presence of +the Commissioners of the American Admiralty, in order +that, on his arrival in the French Islands, it may be +ascertained whether this signature be the same as that +which shall be made by him as Captain of the American +vessel. It would be of equal use to endorse the signature +of the Captain on the papers.</i> If Congress think of +any other form equally adapted to fulfil the object +desired, the undersigned will endeavor to have it +adopted by the Governors of the French Islands.</p> + +<p class="signed"> +LUZERNE.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_445" id="Page_445">445</a></span></p> + +<h3>FROM CONGRESS TO THE KING OF FRANCE.</h3> + +<p>The United States of America in Congress assembled, +to their Great, Faithful and Beloved Friend and +Ally, Louis the Sixteenth, King of France and +Navarre.</p> + +<p class="letter_open"> +Great, Faithful and Beloved Friend and Ally,</p> + +<p>Persuaded of your Majesty's friendship, and of your +earnest desire to prosecute the war with glory and +advantage to the alliance, we ought not to conceal +from your Majesty the embarrassments, which have +attended our national affairs, and rendered the last +campaign unsuccessful.</p> + +<p>A naval superiority in the American seas having +enabled the enemy, in the midst of the last winter, to +divide their army, and extend the war in the Southern +States, Charleston was subdued before a sufficient force +could be assembled for its relief.</p> + +<p>With unabated ardor, and at a vast expense, we prepared +for the succeeding campaign; a campaign from +which, in a dependence on the co-operation of the +squadron and troops generously destined by your Majesty +for our assistance, we had formed the highest +expectations. Again the enemy frustrated our measures. +Your Majesty's succors were confined within +the harbor of Newport, while the main body of the +British army took refuge in their fortresses, and under +protection of their marine, declining to hazard a battle +in the open field; and regardless of their rank among +civilized nations, they descended to wage a predatory +war. Britons and savages united in sudden irruptions +<span class="pagenum"><a name="Page_446" id="Page_446">446</a></span> +on our northern and western frontiers, and marked +their progress with blood and desolation.</p> + +<p>The acquisition of Charleston, with the advantages +gained in Georgia, and the defeat of a small army +composed chiefly of militia, which had been hastily +collected to check their operations, encouraged the +British commander in that quarter to penetrate through +South Carolina into the interior parts of North Carolina. +And the ordinary calamities of war were embittered +by implacable vengeance. They did not, however, +long enjoy their triumph. Instead of being +depressed, impending danger served only to rouse our +citizens to correspondent exertions; and by a series of +gallant and successful enterprises they compelled the +enemy to retreat with precipitation and disgrace.</p> + +<p>They seem, however, resolved by all possible efforts, +not only to retain their posts in Georgia and South +Carolina, but to renew their attempts on North Carolina. +To divert the reinforcements destined for those +States, they are now executing an enterprise against +the seacoast of Virginia; and from their preparations +at New York and intelligence from Europe, it is manifest +that the four southern States will now become a +principal object of their hostilities.</p> + +<p>It is the voice of the people and the resolution of +Congress to prosecute the war with redoubled vigor, +and to draw into the field a permanent and well appointed +army of thirtyfive thousand regular troops. +By this decisive effort we trust that we shall be able, +under the divine blessing, so effectually to co-operate +with your Majesty's marine and land forces, as to +expel the common enemy from our country, and render +<span class="pagenum"><a name="Page_447" id="Page_447">447</a></span> +the great object of the alliance perpetual. But to +accomplish an enterprise of such magnitude, and so +interesting to both nations, whatever may be our spirit +and our exertions, we know that our internal resources +must prove incompetent. The sincerity of this declaration +will be manifest from a short review of our +circumstances.</p> + +<p>Unpractised in military arts, and unprepared with the +means of defence, we were suddenly invaded by a formidable +and vindictive nation. We supported the unequal +conflict for years with very little foreign aid, but what was +derived from your Majesty's generous friendship. Exertions +uncommon, even among the most wealthy and best +established governments, necessarily exhausted our finances, +plunged us into debt, and anticipated our taxes; while the +depredations of an active enemy by sea and land made +deep impressions on our commerce and our productions. +Thus encompassed with difficulties, in our representation to +your Majesty of June 15, 1779, we disclosed our wants, +and requested your Majesty to furnish us with clothing, +arms, and ammunition for the last campaign, on the credit +of the United States. We entertain a lively sense of your +Majesty's friendly disposition, in enabling our Minister to +procure a part of those supplies, of which, through unfortunate +events, a very small proportion has arrived. The +sufferings of our army from this disappointment have been +so severe, that we must rely on your Majesty's attention to +our welfare for effectual assistance. The articles of the +estimate transmitted to our Minister are essential to our +army, and we flatter ourselves, that through your Majesty's +interposition they will be supplied.</p> + +<p>At a time when we feel ourselves strongly impressed by +<span class="pagenum"><a name="Page_448" id="Page_448">448</a></span> +the weight of past obligations, it is with the utmost reluctance +that we yield to the emergency of our affairs in +requesting additional favors. An unreserved confidence in +your Majesty, and a well grounded assurance, that we ask +no more than is necessary to enable us effectually to co-operate +with your Majesty, in terminating the war with +glory and success, must be our justification.</p> + +<p>It is well known, that when the King of Great Britain +found himself unable to subdue the populous States of +North America by force, or to seduce them by art to +relinquish the alliance with your Majesty, he resolved to +protract the war, in expectation that the loss of our commerce, +and the derangement of our finances, must eventually +compel us to submit to his domination. Apprized of +the necessity of foreign aids of money to support us in a +contest with a nation so rich and powerful, we have long +since authorised our Minister to borrow a sufficient sum in +your Majesty's dominions, and in Spain, and in Holland, +on the credit of these United States.</p> + +<p>We now view the prospect of a disappointment with the +deeper concern, as the late misfortunes in the southern +States, and the ravages of the northern and western frontiers, +have, in a very considerable degree, impaired our internal +resources. From a full investigation of our circumstances +it is manifest, that in aid of our utmost exertions a foreign +loan of specie, at least to the amount of twentyfive millions +of livres, will be indispensably necessary for a vigorous +prosecution of the war. On an occasion, in which the +independence of these United States and your Majesty's +glory are so intimately connected, we are constrained to +request your Majesty effectually to support the applications +of our Ministers for that loan. So essential is it to the +<span class="pagenum"><a name="Page_449" id="Page_449">449</a></span> +common cause, that we shall without it be pressed with +wants and distresses, which may render all our efforts languid, +precarious, and indecisive. Whether it shall please +your Majesty to stipulate for this necessary aid as our security, +or to advance it from your royal coffers, we do hereby +solemnly pledge the faith of these United States to indemnify, +or reimburse your Majesty, according to the nature of +the case, both for principal and interest, in such manner as +shall be agreed upon with our Minister at your Majesty's +Court.</p> + +<p>We beseech the Supreme Disposer of events to keep +your Majesty in his holy protection, and long to continue +to France the blessings arising from the administration of a +Prince, who nobly asserts the rights of mankind.</p> + +<p>Done at Philadelphia, the 22d day of November, in the +year of our Lord, one thousand seven hundred and eighty, +by the Congress of the United States of North America, +and in the fifth year of our independence.</p> + +<p class="indent1"> +Your Faithful Friends and Allies.</p> + +<p class="signed">SAMUEL HUNTINGTON, <i>President</i>.</p> + +<p class="indent1">Attest, <span class="smcap">Charles Thomson</span>, <i>Secretary</i>.</p> + +<div class="thought_break"></div> + +<h3>TO GEORGE WASHINGTON.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, December 5th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>I flattered myself, that the clothing destined for the army +under the command of your Excellency had at length +arrived in the river, in the vessel of Paul Jones, or in one +of those coming under his convoy; but I regret that you +<span class="pagenum"><a name="Page_450" id="Page_450">450</a></span> +have not yet had that satisfaction. A passenger, who +arrived in one of this convoy, told me, that when this little +squadron, which left France on the 8th of October, should +arrive, they would bring but little clothing, being in great +part laden with arms and ammunition; but he added, that +the Serapis is destined to bring the remainder of the +clothing, and that we may hope to see the vessel arrive +soon in our ports. I am anxious to have an opportunity +of giving your Excellency notice of the arrival of these +articles.</p> + +<p>I have received certain intelligence, that an expedition +composed of four thousand troops, convoyed by eight vessels +of war, departed on the 16th of October from the +Havana to attempt an expedition against Pensacola. But +it is thought that the terrible tempests, which they may +have received on the passage, may have retarded the fleet.</p> + +<p>Another expedition was to depart in the month of December +to attack St Augustine. It was to be composed +of ten thousand men, regulars and militia, and twelve vessels +of war. I wish sincerely that the operation may meet +with success, and thus make an advantageous diversion in +favor of the United States in that quarter.</p> + +<p>The Chevalier de Chastellux, and the officers who had +the honor of visiting you at head quarters, desire me to +present their respects to you. They hope to have the +honor of seeing you again on their return.</p> + +<p class="indent1"> +I am, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_451" id="Page_451">451</a></span></p> + +<h3>GEORGE WASHINGTON TO M. DE LA LUZERNE.</h3> + +<p class="letter_head">New Windsor, December 14th, 1780.</p> + +<p class="letter_open">Sir,</p> + +<p>Yesterday brought me the honor of your Excellency's +favor without date; but which I suppose to have been +written on the 5th instant, as it accompanied a letter from +the Marquis de Lafayette of that date.</p> + +<p>Receive, my good Sir, the expressions of gratitude, +which are due to your Excellency for the important intelligence +you have communicated, relative to the designs of +the Spanish Court upon the Floridas. I have transmitted +the account of these interesting events to Count de Rochambeau, +and the Chevalier de Ternay, with propositions, +which, if acceded to, I shall do myself the honor of +communicating to your Excellency.</p> + +<p>It would have been fortunate for the army, if your Excellency's +feelings for its want of clothing could have been +relieved by the agreeable tidings of the arrival of that article; +but, alas! we are so accustomed to want, that we dare +not flatter ourselves with relief.</p> + +<p>Your Excellency's despatches for Rhode Island, accompanying +your letter to me, came to hand at the instant the +post was setting out, and were committed to his care. It +is the only means of conveyance now left me, since the +chain of expresses formed by the dragoon horses, which +were worn down and sent to their cantonment, have been +discontinued. The Quarter Master General has it not in +his power, for want of money, to furnish an express upon +the most urgent occasion.</p> + +<p>I anticipate with much pleasure the visit I shall receive +from the Chevalier de Chastellux and the other gentlemen +<span class="pagenum"><a name="Page_452" id="Page_452">452</a></span> +of the French army, on their return to Rhode Island, and +beg the favor of your Excellency to present my compliments +to them and to M. de Marbois.</p> + +<p> +With great respect and personal attachment, I have the +honor to be, &c.</p> + +<p class="signed">GEORGE WASHINGTON.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, January 15th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>I have just received an authentic copy of a letter from +the King to the Duc de Penthièvre, Admiral of France, +in relation to prizes taken by American privateers, in the +ports of the kingdom. I have thought it proper, Sir, to +communicate it to you, in order that the Americans, who +take that course may be duly informed of the regulations, +which it contains, and may know, that it is the intention of +his Majesty, that they shall be treated in the same manner +as his own subjects, in the judgment of the prizes, which +they shall bring into the ports of the kingdom.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, February 25th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>The undersigned, Minister Plenipotentiary of France, +has the honor of informing Congress, that M. de Tilly, +<span class="pagenum"><a name="Page_453" id="Page_453">453</a></span> +commander of the King's sixty gun ship, l'Evillé, arrived in +the Chesapeake Bay on the 11th instant, with two frigates. +The undersigned has received no news of them later than +the 16th, at which time it seems, that the commander of +this little squadron proposed to prolong his stay as long as +circumstances would permit, in order to co-operate with +the land troops commanded by Generals Steuben and +Nelson.</p> + +<p>The Chevalier de la Luzerne does not know how long +these vessels will remain in their present station; but as +it is important, that the communications between M. de +Tilly and Philadelphia should take place with the greatest +possible despatch, he requests Congress to inform him, +whether the line of expresses has been kept up, and if so, +to whom he is to apply in order to make use of it.</p> + +<p class="signed"> +LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, February 28th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>I think it necessary for the information of the department +of finance to inform you, that Mr Robert Morris +having strongly represented to me, that it was of importance +to his operations, and to those of General Washington, +to have a stock of bills of exchange, which might enable +him to wait for the arrival of the funds brought by +Colonel Laurens, I have taken upon myself to authorise +him to draw bills of exchange, to the amount of 219,018 +livres, 4s. 8d. Funds to that exact amount will be raised, +and I hope that my Court will approve of the course, +<span class="pagenum"><a name="Page_454" id="Page_454">454</a></span> +which I have taken, in consideration of the importance of +the operations now going on.</p> + +<p class="indent1"> +I have the honor to be, Sir, &c.</p> +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, March 2d, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>The undersigned, Minister of France, has the honor of +informing Congress, that M. de Tilly has left the Chesapeake +Bay with his squadron. He took there ten prizes, +among which are two strong privateers, and during his +passage from the Chesapeake to Newport in Rhode Island, +he met the Romulus, of fortyfour guns, pierced for fifty +guns. He took her and carried her into Newport, which +he entered on the 24th ultimo, with five hundred English +prisoners. The Chevalier de la Luzerne is informed, that +the America, an English vessel, whose fate since the hurricane +of the 21st of February had been unknown, has +sailed into Gardner's Bay.</p> + +<p>The Minister Plenipotentiary of France is desirous, that +Congress would be pleased to appoint a committee, to +whom he will have the honor of communicating some +further information relative to these operations.</p> + +<p class="signed"> +LUZERNE.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_455" id="Page_455">455</a></span></p> + +<h3>M. DESTOUCHES TO M. DE LA LUZERNE.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +On Board the Duc de Bourgogne,<br /> +March 19th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>The enemy, informed without doubt, in some manner, +arrived at the same time with myself at the Capes of Chesapeake +Bay, and it would have been impracticable to attempt +to disembark the troops, even from the vessels of +war, in spite of the English squadron and under its fire. +Obliged to renounce, for a time at least, the hope of rendering +assistance to the State of Virginia, I have been employed +only with the care of preserving the honor of his +Majesty's arms, and I flatter myself that it has not suffered +in my battle with the enemy.</p> + +<p>On the 16th instant, in consequence of a violent south +wind, which had carried the squadron to the northeast, +we discovered, at break of day, a frigate two gun-shots to +windward. A short time after, we perceived several large +vessels in rear of the squadron. I had then no doubt that +this was the English squadron, which, being informed of +my project, had arrived, almost at the same time, upon the +coast of Virginia. I immediately made a signal to the +squadron to form in line of battle, the English squadron +being about two leagues to the south, and running on the +same tack with me. At nine o'clock, I tacked, and the +enemy did the same. Before one o'clock, afternoon, their +vanguard was not more than half a league distant from the +rear of my line. Till that time, I had manœuvered without +avoiding or seeking an engagement, because I perceived, +that even the greatest success, with which I could +<span class="pagenum"><a name="Page_456" id="Page_456">456</a></span> +flatter myself, would still render it impossible for me to +fulfil my object; but the determined design, which was +shown by the enemy of attacking my rearguard, and the +honor of the royal arms, which I had to sustain, made me +resolve to go and meet him. At one o'clock the firing +commenced on both sides; the head of the English line +had borne down, and the van of my squadron had done +the same, so that the two squadrons fought for some time +while running before the wind. A little before two o'clock, +I determined to make the squadron haul nearer the wind, +a movement, which made the whole squadron file before +the head of the enemy's line.</p> + +<p>This manœuvre completely succeeded; their leading +ship had hardly felt the fire of the fifth vessel, when she +retired from the engagement, under the escort of a frigate, +which came to her assistance. The rear of the English +squadron had still continued the combat with my rearguard, +but that part of my squadron has sustained little injury. +At a quarter before three o'clock, the firing ceased on +both sides. The English squadron being in the rear, and +to windward of mine, I made a signal to form again in +order of battle, which was done in a short time. I then +designed to turn again upon the enemy, who appeared to +have sustained more injury than my own squadron; but +the signals, which were made by the ships <i>le Conquerant</i> +and <i>l'Ardent</i>, informed me that these vessels, and particularly +the former, had been considerably injured in the +engagement. I then continued to run on the same tack, +under easy sail, ready to receive the enemy, if he should +think proper to risk a second encounter, but he prudently +kept in the rear and to windward during the remainder +of the day, without availing himself of the superior advantages +of his situation for renewing the engagement. +<span class="pagenum"><a name="Page_457" id="Page_457">457</a></span></p> + +<p>When night came on, the English squadron bore up, +and I continued to run to the southeast. On the next +morning, I assembled the captains to know the state of +their vessels. I found that the rudder and all the masts of +the ship, <i>le Conquerant</i>, were in the most dangerous state, +and that the mainmast of <i>l'Ardent</i> was very much injured; +and also that several other vessels had received +cannon-shots in their lower masts; it was, consequently, +determined that the squadron should return directly to +Newport to repair.</p> + +<p>I cannot too highly praise the courageous boldness, +which was shown by the captains, officers, and crews of +my squadron, as well as by the troops, embarked as passengers. +Their valor made my force equal to that of the +English squadron, which had one vessel more than mine, +and if it had been only necessary to the success of our expedition +to give the enemy another check, I should have +regarded it as certain, notwithstanding the superiority of +their forces.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> +<p class="signed">DESTOUCHES.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, March 24th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>The undersigned, Minister Plenipotentiary of France +has the honor to inform Congress, that the King, being +made acquainted with the situation of the affairs of the +confederacy, had resolved to continue during the next campaign +the land and sea forces, which are now in this Continent. +That unforeseen obstacles had prevented the +<span class="pagenum"><a name="Page_458" id="Page_458">458</a></span> +junction of the second division of sea forces with the first +as soon as was expected, but that it was to sail as soon as +possible, and that Congress should use their utmost exertions +to have their army ready for action without the least +delay.</p> + +<p>But while the King, actuated by his love for the United +States, of his mere motion was giving them succors, which +he was under no obligation to do, and out of regard to them +lessened the efforts, which he could have made for his own +advantage, he had reason to expect a proportionable activity +from Congress, and he hopes that the United States, which +have so much to gain or lose by the issue of the contest, +will employ all their resources in the present conjuncture; +and that the Congress, who are intrusted with their dearest +interest, will hasten to adopt effectual measures for conducting +matters to a happy issue.</p> + +<p>The Chevalier de la Luzerne, when he communicated +to the King the news of the final ratification of the confederation, +thought himself warranted to assure his Majesty, +that this event would have a happy influence on the councils +of this Republic; that they would thereby acquire all +the energy necessary for conducting the important business +intrusted to them; that the Union would receive new +force, and he did not doubt but the ensuing campaign +would give decisive proofs of this. And the Minister relies +that his hopes, which are the same as are entertained by +the whole continent, will not be disappointed. It is at the +same time essential, while Congress are making the necessary +arrangements for the ensuing campaign, that they +should know for certain that they are to count only on their +own resources for defraying the expenses that it will +require. +<span class="pagenum"><a name="Page_459" id="Page_459">459</a></span></p> + +<p>The frankness of the King, and the friendship he bears +to the United States, will not permit him to encourage an +error, which they appear to be in, with respect to the pecuniary +aids, which they seem to expect. The desire of +securing their independence had induced his Majesty to +exceed the measure of the engagements he had contracted +with them, and he will continue to support their interests, +either by powerful diversions or by immediate succors, and +they may rely not only on his most scrupulous punctuality +in the execution of his engagements, but upon all the extraordinary +assistance, which it will be in his power to give +them. But as to pecuniary aids, the enormous expenses +of the present war, and the necessity of preserving credit, +which is the only means of providing for those expenses, +do not permit his Majesty's Ministers to give Congress the +least hope in that respect.</p> + +<p>The Chevalier de la Luzerne will not dissemble, that his +Court was exceedingly surprised on being informed of the +step, which Congress had taken in disposing of bills drawn +on their Minister, although they could not be ignorant that +they had no funds for discharging them. This is a conduct +totally inconsistent with that order, which his Majesty +is forced to observe in his finances, and he has no doubt +but in future Congress will most studiously avoid a repetition +of it. He has, nevertheless, resolved to discharge the +bills, which became due last year, to the amount of one +million of livres; and it is probable his Majesty will be +able to provide funds to the amount of three millions for +the discharge of those, which will become due in the course +of the present year.</p> + +<p>The King's Ministers have also procured for Dr Franklin, +whose zeal, wisdom and patriotism, deserve their utmost +<span class="pagenum"><a name="Page_460" id="Page_460">460</a></span> +confidence, the sums necessary for the purchase he is +ordered to make. These expenses, joined to those occasioned +by sending a fleet and army to this continent, far +exceed what Congress had a right to expect from the +friendship of their ally, and the Chevalier de la Luzerne is +persuaded, that from this moment Congress will abstain +from that ruinous measure of drawing bills of exchange +without the previous knowledge and consent of his Majesty's +Ministers. And as their attention is employed in +what may be most for the convenience of the United States, +they propose that Congress should furnish the fleet and +army of his Majesty, which are in this country, with the +necessary provisions, and receive in payment bills on the +treasury of France, which will be punctually discharged.</p> + +<p>As to the manner in which this arrangement may be +made, the Minister will have the honor of entering into a +minute discussion with a committee, which he begs Congress +would be pleased to appoint to confer with him on +the subject.<a name="FNanchor_43" id="FNanchor_43" href="#Footnote_43" class="fnanchor">[43]</a></p> + +<p class="signed"> +LUZERNE.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_43" id="Footnote_43" href="#FNanchor_43"><span class="label">[43]</span></a> The above was referred to a committee of six, namely, Mr Jones, +Mr S. Adams, Mr Burke, Mr M'Kean, Mr Madison, and Mr Hanson.</p></div></div> + +<div class="thought_break"></div> + +<h3>TO GEORGE WASHINGTON.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, March 27th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>I have the honor to send to your Excellency an +open packet for the Count de Rochambeau. You will +there find the copy of a letter to me from M. +Destouches. I lament the ill success of an expedition, +<span class="pagenum"><a name="Page_461" id="Page_461">461</a></span> +which, if it had succeeded, would have been doubly +agreeable to us by its utility to our allies, and by the +honor it would have reflected upon the arms of the +King. As to the rest, it appears that our commanders +have fulfilled this latter point, and all the world is +satisfied, that, having a superior force to contend +against, the manner of the contest has been highly +honorable to them.</p> + +<p>I wait for happier events, Sir, from the campaign, +which is now about to open, and I doubt not the +Count de Rochambeau has given you in detail the +news, which he has received from France.</p> + +<p> +I have the honor to be, &c.</p> +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>GEORGE WASHINGTON TO M. DE LA LUZERNE.</h3> + +<p class="letter_head">Head Quarters, New Windsor, March 31st, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>I was last evening honored with your Excellency's +favor of the 27th, covering an open letter for the +Count de Rochambeau, by which you have been so +good as to make me the earliest communication of the +action on the 16th, between the French and British +fleets off the Capes of the Chesapeake. By the enclosed +you will be informed of the return of the former into +the harbor of Newport.</p> + +<p>I must confess to your Excellency, that I was never +sanguine as to the success of that expedition, after the +sailing of the two fleets so nearly together, knowing it +would turn in great measure upon the arrival of M. +Destouches in the Chesapeake before Mr Arbuthnot; +a circumstance of the utmost uncertainty, not depending +<span class="pagenum"><a name="Page_462" id="Page_462">462</a></span> +upon the skill or valor of the commanding officer, +but upon winds and weather. And I assure you I +more sensibly feel the anxiety expressed by the Baron +Viomenil and the Chevalier Destouches, lest anything +should be attributed to the want of execution on their +parts, than I do the disappointment in the plan, which +we had in contemplation. But certain I am, that +instead of sentiments of so ungenerous a nature, there +will be a universal admiration of the good conduct and +bravery exhibited by the officers and men of his Most +Christian Majesty's squadron, when opposed to one of +superior force.</p> + +<p> +I have the honor to be, with the greatest respect and +warmest personal attachment, &c.</p> + +<p class="signed">GEORGE WASHINGTON.</p> + +<div class="thought_break"></div> + +<h3>TO GEORGE WASHINGTON.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 7th, 1781</p> + +<p class="letter_open">Sir,</p> + +<p>I have the honor to send you the copy of a letter, +which I write to the Chevalier Destouches. I pray +you to be persuaded, that I do not take upon me to +propose an expedition to that commander, except at +the pressing entreaties of the invaded States. But if it +should be found at variance with the plans of the campaign, +which you have formed, I beg you to withdraw +my letter to M. Destouches, and the packet addressed +to the Count de Rochambeau, from the express, who +will deliver this to you, and to send them back to me +by the first safe opportunity.</p> + +<p> +I am, with respectful attachment, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_463" id="Page_463">463</a></span></p> + +<h3>TO M. DESTOUCHES.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 7th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>The accounts from Virginia and the other southern +States leave no doubt but the English are resolved to +attack them in very superior forces. They are already +in a condition to command them by the advantage, +which they have of transporting themselves by the sea +and by all the rivers, as it suits them. Virginia, one +of the most powerful States in the Union, finds herself +by these means reduced to a state of inaction, and as +the Bay of Chesapeake is entirely in the possession of +the enemy, it is to be feared that Maryland will find +herself shortly in the same condition and in the same +danger. It is manifest, that the plan of the English is +to harass and desolate them without intermission, to +inspire part of the inhabitants with a desire of seeing +an end of the quarrel, and when they think their +weariness and their calamities are at the height, to +make them propositions advantageous enough to withdraw +them from the Confederation.</p> + +<p>Although these States are firmly attached to their +independence, it has in the meantime become very +important to make them participate as much as it is +possible in the assistance, which his Majesty has +granted to his allies, and I can assure you, Sir, that you +cannot in present circumstances render them a greater +service, than by entering the Bay of Chesapeake, and +endeavoring to establish yourself there.</p> + +<p>Many other political considerations, into the details +<span class="pagenum"><a name="Page_464" id="Page_464">464</a></span> +of which I shall not enter, press that measure, and if it +be possible for you to carry it into execution, I have +reason to believe that you will entirely disconcert the +enemy's plans against Virginia and Maryland, and when +you shall have given to those two States the liberty +of exerting themselves, you will contribute very much +at the same time to the relief of the more southern, by +the assistance which they will be capable of affording. +Your position in the Bay of Chesapeake will restrain +also their communication between New York and +Charleston, and perhaps prevent other events, which +may be yet more grievous to the invaded States.</p> + +<p>In giving, Sir, my opinion upon the utility of the +movement, I avow to you that I am totally incapable +of forming one as to the possibility of carrying it into +execution. I have had the honor of transmitting to +you from time to time the details and plans, which can +enable you to form a judgment. M. de Tilly having +been better situated during his stay in Hampton Roads +to make the necessary observations, you can decide +by them. I pray you also to regard my entreaties, +although pressing as the circumstances render them, +as entirely subordinate to the instructions, which you +may have received from the Court.</p> + +<p>I do not propose to you to change your position, +only upon a supposition that you have no orders to the +contrary, and that you have received no other destination.</p> + +<p>As to the measures you are in this case to expect +from the States, which you will go to assist, I beg you +to assure yourself, Sir, that they will spare nothing to +satisfy you, and if an assemblage of land forces is +<span class="pagenum"><a name="Page_465" id="Page_465">465</a></span> +judged necessary, as I presume it will be, they will +send their instructions in consequence of it to the officers +who command them.</p> + +<p> +I have the honor to be, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 9th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>Congress has been pleased, by a resolution, dated the +10th of November last, to take the measures suggested by +the undersigned Minister of France, concerning the abuse +by the English, of the papers, letters of marque, and commissions, +which they find on board of the American +vessels, of which they succeed in gaining possession. The +Governors of our Islands observe, that the precautions +pointed out in the resolution of Congress are insufficient, +unless, independently of the vessels and ships of war, they +extend to merchant vessels, and, in general, to all ships +sailing from this continent. The similarity of language +enables the English to gain admission into our Islands +with great facility, by means of intercepted papers, and to +send their spies and emissaries into the very middle of our +ports, where their presence may be most dangerous.</p> + +<p>The said Governors remark, that the greater part of the +vessels, which arrive at the Islands, do not conform to the +resolutions of Congress; and, although they carry letters +of marque, yet they do not take the precautions required +by them. The undersigned requests, that this Assembly +would be pleased to consider these observations, and to +<span class="pagenum"><a name="Page_466" id="Page_466">466</a></span> +adopt, on this subject, such measures as shall seem best +adapted to prevent the abuses in question.</p> + +<p>The commanding officer of St Domingo is also desirous, +that Congress should be informed that the commanders of +the American frigates have, while stationed at the Cape, +given strong proofs of zeal for the common cause, whether +in cruising against the enemy, or in convoying, at their +departure, merchant vessels sailing from that Colony.</p> + +<p class="signed"> +LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 22d, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>I have the honor of sending you a copy of a letter from +the King, in answer to that written to him from Congress, +on the 22d of November last. I shall have the honor of +sending you the original this evening.</p> + +<p>My despatches contain several important subjects, which +I shall hasten to communicate to Congress, as soon as they +shall be wholly decyphered.</p> + +<p class="indent1">I have the honor to be, &c.</p> + +<p class="signed"> +LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>THE KING OF FRANCE TO CONGRESS.</h3> + +<p class="letter_head">To our Very Dear Great Friends and Allies, the President +and Members of the General Congress of the United +States of North America.</p> + +<p class="letter_open">Very Dear Great Friends and Allies,</p> + +<p>We have received your letter of the 22d of November +last, which Dr Franklin was ordered to place in our hands. +<span class="pagenum"><a name="Page_467" id="Page_467">467</a></span> +We have seen with pain, the picture of the embarrassment +of your finances, and we have been so much touched by +it, that we have resolved to assist you as much as our own +necessities, and the extraordinary and very great expenses +required on our part by the war, which we are carrying +on for your defence, will permit. We have ordered the +Chevalier de la Luzerne to acquaint you more particularly +with our intentions. We are already convinced, that the +details into which he shall enter, will induce you to make +the greatest efforts to second our own, and that you will +be more and more convinced by them, that we take the +most sincere interest in the cause of the United States, and +that we are employing every means in our power to ensure +their final triumph. You may rely upon our perseverance +in the principles, which have hitherto directed our conduct; +it is exerted upon all occasions; as well as upon +the sincere affection, which we entertain for the United +States in general, and for each one of them in particular.</p> + +<p>We pray God, very dear great Friends and Allies, to +keep you in his holy protection.</p> + +<p>Written at Versailles, this 10th of March, 1781.</p> + +<p class="indent1"> +Your good friend and ally,</p> + +<p class="signed">LOUIS.</p> + +<div class="thought_break"></div> + +<h3>GEORGE WASHINGTON TO M. DE LA LUZERNE.</h3> + +<p class="letter_head">Weathersfield, May 23d, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>The letter, which I have the honor to enclose from the +Count de Rochambeau, will, I imagine, inform your Excellency +of the intended march of the French army +<span class="pagenum"><a name="Page_468" id="Page_468">468</a></span> +towards the North River, and of the destination of the +King's squadron now in the harbor of Newport, if circumstances +will admit of the respective movements. I should +be wanting in respect and confidence, were I not to add, +that our object is New York.</p> + +<p>The season, the difficulty and expense of land transportation, +and the continual waste of men in every attempt to +reinforce the Southern States, are almost insuperable objections +to marching another detachment from the army +on the North River; nor do I see how it is possible to +give effectual support to those States, and avert the evils +which threaten them, while we are inferior in naval force +in these seas. It is not for me to know in what manner +the fleet of his Most Christian Majesty is to be employed +in the West Indies this summer, or to inquire at what +epoch it may be expected on this coast; but the appearance +and aid of it in this quarter are of such essential importance +in any offensive operation, and so necessary to +stop the progress of the enemy's arms, that I shall be excused, +I am persuaded, for endeavoring to engage your +Excellency's good offices in facilitating an event on which +so much depends. For this I have a stronger plea, when +I assure you that General Rochambeau's opinion and +wishes concur with mine, and that it is at his instance +principally that I make you this address.</p> + +<p>If we are happy enough to find your Excellency in sentiment +with us, it will be in your power to inform the +Count de Grasse of the strength and situation of the +enemy's naval and land force in this country; the destination +of the French squadron under Admiral Barras and the +intention of the allied arms, if a junction can be formed. +At present, the British fleet lies within Block Island, and +about five leagues from Point Judith. +<span class="pagenum"><a name="Page_469" id="Page_469">469</a></span></p> + +<p>The Count de Rochambeau and the Chevalier Chastellux +agree perfectly in sentiment with me, that, while affairs +remain as they now are, the West India fleet should run +immediately to Sandy Hook, if there are no concerted +operations, where they may be met, with all the information +requisite, and where, most likely, it will shut in, or cut +off Admiral Arbuthnot, and may be joined by the Count +de Barras. An early and frequent communication from +the Count de Grasse would lead to preparatory measures +on our part, and be a means of facilitating the operation +in hand, or any other which may be thought more +advisable.</p> + +<p>I know your Excellency's goodness, and your zeal for +the common cause too well, to offer anything more as an +apology for this liberty; and I persuade myself it is unnecessary +for me to declare the respect and attachment, +with which I have the honor to be, &c.</p> + +<p class="signed"> +GEORGE WASHINGTON.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 25th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>The undersigned Minister Plenipotentiary of France has +the honor of informing Congress, that it has been found +impossible to send the second division of the troops under +the command of Count de Rochambeau, and of the +French squadron designed for the defence of the coasts of +the Thirteen States, and that it can no longer be expected +<span class="pagenum"><a name="Page_470" id="Page_470">470</a></span> +during the course of this campaign. The necessary +measures have, however, been taken for increasing the +body of troops now at Rhode Island, and, by sending some +vessels of force, for putting the squadron into a condition +to enter again upon active service.</p> + +<p>The undersigned requests Congress to be pleased to +appoint a committee, to whom he will communicate the +causes which have occasioned this change; and Congress +will find in them new proofs of the wisdom of the motives, +which direct the conduct of his Majesty. But if considerations +of the greatest importance deprive him of the satisfaction +of assisting the Thirteen United States in their own +country, by sending a number of vessels and of auxiliaries, +as considerable as he had proposed, he will make no less +vigorous efforts against the enemy; and he hopes that +these powerful diversions will prevent the enemy from +forming any enterprise, to which the resources and the +courage of the Thirteen States shall be unequal.</p> + +<p>The King has, at the same time, resolved to give a new +proof of his affection and of his earnest desire to afford a +remedy for the difficulties, which they experience in procuring +the funds necessary for acting with vigor and effect +during the present campaign. With this view, the King, +notwithstanding the immense expense at which he is +obliged to support the war in which he is engaged, has resolved +to dispose of a considerable fund, which shall be +appropriated to the purchase of clothing, arms, and stores, +for which Dr Franklin has been instructed to ask. The +Count de Vergennes will concert measures on this subject +with the Minister Plenipotentiary of the United States, Dr. +Franklin; and M. Necker proposes to take the proper +precautions, in order that the merchandise may be of a +<span class="pagenum"><a name="Page_471" id="Page_471">471</a></span> +good and sound quality, and at a price answering to its +exact value.</p> + +<p>The subsidy which the King has resolved to grant to the +Thirteen United States amounts to six millions of livres +tournois, independent of the four millions, which the Ministry +have enabled Dr Franklin to borrow for the service of +the current year. It is presumed, that this sum of six +millions will not be wholly applied to the purchase of the +articles asked for; and in that case, it is his Majesty's +intention that the surplus should be reserved, that it may +be at the disposal of Congress, or of the Superintendent of +the finances of the Thirteen States, if they think proper to +confide the management of it to him. It has not been possible +for the Court, by reason of the speedy departure of +the vessel which brought this intelligence to the undersigned +Minister, to determine what will be the amount of the sums +of money remaining after the purchase of the above mentioned +articles, but lest there should seem to be any delay +in supplying the wants of the Thirteen States, the Chevalier +de la Luzerne takes it upon himself, without waiting +for any further orders, to fix the amount of these sums at +fifteen hundred thousand livres tournois, and if Congress, +in fact, think that they shall need this whole sum, he will +without delay inform his Court of it, in order that the necessary +measures may be taken for discharging the bills of +exchange, which shall consequently be drawn. As it is the +intention of the King, that the greatest regularity shall take +place in the payments, it will be well for the undersigned +to agree with Congress, or with the Superintendent of +Finance, and fix upon the times at which these bills shall +be negotiated, and upon those at which they shall be payable. +It is necessary that these times of payment should +<span class="pagenum"><a name="Page_472" id="Page_472">472</a></span> +be at sufficient distances from each other, so that the +department of finance may not be obliged to pay considerable +sums in too short intervals of time.</p> + +<p>The intention of the King, in granting to the Thirteen +States this purely gratuitous subsidy, is to put them in a +condition to act vigorously during this campaign; and his +Majesty is desirous that Congress would be pleased to give +the necessary orders, that it may be entirely applied to this +important object, which admits of no delay. The communications, +which the undersigned is instructed to make +to Congress, will convince that body of the necessity of +losing no time.</p> + +<p class="signed"> +LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, May 26th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>The underwritten, Minister Plenipotentiary of France, +has received orders to communicate to Congress some +important details touching the present situation of sundry +affairs, in which the United States are immediately interested. +The most essential are in regard to some overtures, +which announce on the part of Great Britain a desire +of peace. The Empress of Russia having invited the King +and the Court of London to accept her mediation, the +latter Court considered this as a formal offer and accepted +it. This Court appeared at the same time to desire the +Emperor of Austria to take part therein; and this +Monarch has in fact proposed his co-mediation to the +belligerent powers in Europe. +<span class="pagenum"><a name="Page_473" id="Page_473">473</a></span></p> + +<p>The King could not but congratulate himself on seeing +so important a negotiation in the hands of two mediators, +whose understanding and justice are equal. Nevertheless, +his Majesty, actuated by his affections for the United +States, returned for answer, that it was not in his power +to accept the offers made to him, and that the consent of +his allies was necessary. The King wishes to have this +consent before he formally accepts the proposed mediation. +But it is possible that circumstances joined to the confidence +he has in the mediators, and the justice of his cause, +and that of the United States, his allies, may determine him +to enter upon a negotiation before the answer of Congress +can reach him.</p> + +<p>But in either case, it is of great importance, that this +Assembly should give their Plenipotentiary instructions +proper to announce their disposition to peace, and their +moderation, and to convince the powers of Europe, that +the independence of the Thirteen United States, and the +engagements they have contracted with the King, are the +sole motives, which determine them to continue the war; +and that whenever they shall have full and satisfactory +assurances on these two capital points, they will be ready +to conclude a peace. The manner of conducting the negotiation, +the extent of the powers of the American Plenipotentiary, +the use to be made of them, and the confidence +that ought to be reposed in the French Plenipotentiaries +and the King's Ministers, are points, which should be fully +discussed with a committee.</p> + +<p>And the underwritten Minister entreats, that Congress +would be pleased to name a committee with whom he will +have the honor to treat. He thinks that this Assembly +will be sensible, that the King could not give a greater +<span class="pagenum"><a name="Page_474" id="Page_474">474</a></span> +mark of his affection for the Thirteen United States, or of +his attachment to the principles of the alliance, than by +determining not to enter upon a negotiation before they +were ready to take part therein, although in other respects, +his confidence in the mediators, and the relation he stands +in to one of them, were sufficient motives to induce him +to accept their offers. Congress are too sensible of the +uncertainty of negotiations of this sort not to know, that +the moment of opening them is that precisely when the +efforts against the enemy ought to be redoubled; and that +nothing can facilitate the operation of the negotiators +so much as the success of the arms of the allies; that +a check would be productive of disagreeable consequences +to both, and that the enemy would rise in their pretensions, +their haughtiness, and obstinacy, in proportion to the languor +and slackness of the confederates.</p> + +<p>The undersigned will have the honor to communicate +to the committee some circumstances relative to the sending +Mr Cumberland to Madrid; to the use, which Mr +Adams thought he was authorised to make of his Plenipotentiary +powers; to the mission of Mr Dana; to the association +of the neutral powers; and to the present state of +affairs in the south. Congress will find new motives for +relying on the good will of the King, and on the interest he +takes in favor of the United States in general, and of each +one of them in particular.</p> + +<p class="signed"> +LUZERNE.</p> + +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_475" id="Page_475">475</a></span></p> + +<h3>REPORT OF A CONFERENCE WITH THE FRENCH MINISTER.</h3> + +<p class="letter_head">In Congress, May 28th, 1781.</p> + +<p>The committee appointed to confer with the Minister of +France, report,</p> + +<p>That the Minister communicated some parts of a +despatch, which he had received from the Count de Vergennes, +dated the 9th of March, 1781. That the resolves +of Congress, which had been adopted on the association of +the neutral powers, were found very wise by the Council +of the King, and that it was thought they might be of +service in the course of the negotiation. The French +Ministry did not doubt but they would be very agreeable to +the Empress of Russia. But they were not of the same +opinion with respect to the appointment of Mr Dana, as a +Minister to the Court of Petersburg. The reason is, that +Catharine the Second has made it a point until now to +profess the greatest impartiality between the belligerent +powers. The conduct she pursues on this occasion is a +consequence of the expectation she has, that peace maybe +re-established by her mediation; therefore, she could by +no means take any step, which might show on her side the +least propension in favor of the Americans, and expose her +to the suspicion of partiality towards America, and of course +exclude her from the mediation. The appointment of Mr +Dana, therefore, appears to be at least premature, and the +opinion of the Council is, that this deputy ought not to +make any use of his powers at this moment. In case he +applies to the Count de Vergennes for advice, he shall be +desired to delay making any use of his powers. The +Count observes, it would be disagreeable to Congress that +their Plenipotentiary should meet with a refusal, that their +<span class="pagenum"><a name="Page_476" id="Page_476">476</a></span> +dignity would be offended, and that such a satisfaction +ought not to be given to the Court of London, especially +when negotiations of a greater moment are about to commence. +However, the French Minister had orders to +assure the committee, that his Court would use all their +endeavors in proper time, to facilitate the admissions of the +Plenipotentiary of Congress.</p> + +<p>The Minister communicated to the committee several +observations respecting the conduct of Mr Adams; and in +doing justice to his patriotic character, he gave notice to +the committee, of several circumstances, which proved it +necessary that Congress should draw a line of conduct to +that Minister, of which he might not be allowed to lose +sight. The Minister dwelt especially on a circumstance +already known to Congress, namely, the use which Mr +Adams thought he had a right to make of his powers to +treat with Great Britain. The Minister concluded on this +subject, that if Congress put any confidence in the King's +friendship and benevolence; if they were persuaded of his +inviolable attachment to the principle of the alliance, and +of his firm resolution constantly to support the cause of the +United States, they would be impressed with the necessity +of prescribing to their Plenipotentiary a perfect and open +confidence in the French Ministers, and a thorough reliance +on the King, and would direct him to take no step without +the approbation of his Majesty; and after giving him, in his +instructions, the principal and most important outlines for +his conduct, they would order him, with respect to the +manner of carrying them into execution, to receive his +directions from the Count de Vergennes, or from the person +who might be charged with the negotiation in the name +of the King. +<span class="pagenum"><a name="Page_477" id="Page_477">477</a></span></p> + +<p>The Minister observed, that this matter is the more +important, because, being allied with the United States, it +is the business of the King to support their cause with those +powers with whom Congress have no connexion, and can +have none, until their independence is in a fair train to be +acknowledged. That the King would make it a point of +prudence and justice to support the Minister of Congress; +but in case this Minister, by aiming at impossible things, +forming exorbitant demands, which disinterested mediators +might think ill-founded, or perhaps by misconstruing +his instructions, should put the French negotiators under +the necessity of proceeding in the course of the negotiation +without a constant connexion with him, this would give rise +to an unbecoming contradiction between France and the +Thirteen United States, which could not but be of very +bad effect in the course of the negotiation.</p> + +<p>In making these observations, the Minister remarked, +that it was always to be taken for granted, that the most +perfect independency is to be the foundation of the instructions +to be given to Mr Adams, and that without this there +would be no treaty at all. The Count de Vergennes +observes, that it is of great importance that the instructions +aforesaid be given as soon as possible to Mr Adams. And +the Minister desired the committee to press Congress to +have this done with all possible despatch.</p> + +<p>He communicated to the committee the following particulars, +as a proof that this matter admits of no delay, and +that it is probable the negotiation will very soon be opened. +He told the committee that the English Ministry, in the +false supposition that they might prevail on the Court of +Madrid to sign a separate peace, had begun a secret negotiation +with that Court, by the means of Mr Cumberland, +<span class="pagenum"><a name="Page_478" id="Page_478">478</a></span> +but without any success. That the Court of Spain had +constantly founded her answer on her engagements +with his Most Christian Majesty. That on the other +side, the King of France had declared to the King, his +cousin, that the independence of the United States, +either in fact, or acknowledged by a solemn treaty, +should be the only foundation of the negotiations of +the Court of France with that of London. That the +British Court not seeming to be disposed to grant the +independency, it appeared the negotiation of Mr Cumberland +was superfluous. However, this English +emissary continued, and still continues, his residence +at Madrid, although he cannot have any expectation of +obtaining the object of his commission. That this +direct negotiation was known to all Europe, and that +it seemed to render every mediation useless. That, +however, the Empress of Russia, excited by motives +of friendship to the belligerent powers, and in consequence +of the share, which the association of the neutral +powers had given her in the general emergency, has +invited the king of France and the Court of London to +require her mediation. That the Court of London has +accepted the invitation with a kind of eagerness, and +at the same time desired the Emperor of Germany to +take a part in it. That the answer of the King of +France to the overtures of the Court of Petersburg +was, that he should be glad to restore peace by the +mediation of Catharine, but that it was not in his power +immediately to accept her offers, as he had allies +whose consent was necessary for that purpose.</p> + +<p>To the same application made by the Court of +Petersburg to that of Madrid, this Court answered, that +<span class="pagenum"><a name="Page_479" id="Page_479">479</a></span> +having entered into a direct negotiation with the Court +of London, by the means of Mr Cumberland, it +thought proper to wait the issue of it before it had +recourse to a mediation. The Emperor, as has already +been observed, having been desired by the Court of +London to take part in the mediation, immediately +informed the King of France, as well as his Catholic +Majesty, of this circumstance, offering his co-mediation +to both the allied Monarchs. To this, the King of +France gave the same answer, which he had given to +the Empress of Russia. As to the King of Spain, he +again expressed his surprise at the English Ministry's +requesting a mediation, after having entered into a +direct negotiation; and he declared, that unless this +negotiation should be broken off by the English themselves, it +would be impossible for him to listen to a +mediation, which, in any other circumstance, would +be infinitely agreeable to him.</p> + +<p>These answers, though of a dilatory nature, may be +looked upon as an eventual acceptation of the mediation. +The Minister observed, that it will be, in +effect, difficult to avoid it. That a refusal will not be +consistent with the dignity of the two powers, that had +offered their interposition. That the King is obliged, +from friendship and good policy, to treat them with +attention. He further observed, that the demands of +the King of France will be so just and so moderate, +that they might be proposed to any tribunal whatever. +That the only reason the King could have to suspend +a formal acceptation is, that, at the time the offer was +made, he was not acquainted with the intentions of his +allies, namely, Spain and the United States. +<span class="pagenum"><a name="Page_480" id="Page_480">480</a></span></p> + +<p>The Minister observed to the committee, that in his +opinion this conduct must afford Congress a new proof +of the perseverance of the King in the principles of the +alliance, and of his scrupulous attention to observe his +obligations; he added, that, however, it is not without +inconveniency, that this dilatory plan has been adopted. +The distance between the allied powers of France and +the United States, has obliged the Court of Versailles +to adopt that plan, though liable to inconveniences, in +order to conform to the engagements made by the +treaties, to determine nothing into a negotiation without +the participation of Congress. Besides, several +States being invaded by the enemy, the French Council +thought it inconvenient to begin a negotiation under +these unfavorable circumstances. And being in hopes +that the diversions made by the King's arms, will prevent +the British from making very great exertions +against the Thirteen United States, the French Ministry +expected, that during the course of the present +campaign they might be enabled to present the situation +of their allies in a more favorable light to the +Congress, that might assemble for peace. These delays, +however, cannot with propriety take place for any +long time, and it was the opinion of the French Ministry, +that it would be contrary to decency, prudence, +and the laws of sound policy, again to refuse listening +to the propositions of peace made by friendly powers; +for which reason, the Chevalier de la Luzerne was +directed to lay all these facts confidentially before +Congress.</p> + +<p>The Minister informed the committee, that it was +necessary, that the King should know the intentions of +<span class="pagenum"><a name="Page_481" id="Page_481">481</a></span> +the United States with regard to the proposed mediation, +and that his Majesty should be authorised by +Congress to give notice of their dispositions to all the +powers, who would take part in the negotiation for a +pacification. The Minister delivered his own opinion, +that he saw no inconveniency arising from the Congress +imitating the example of the King, by showing +themselves disposed to accept peace from the hands of +the Emperor of Germany and the Empress of Russia. +He added, that Congress should rely on the justice and +wisdom of those two Sovereigns; and at the same +time, he renewed the assurances, that his Majesty will +defend the cause of the United States as zealously as +the interests of his own Crown.</p> + +<p>He informed the committee, that according to all +accounts, the British Ministry were removing as far +as possible, in this negotiation, every idea of acknowledging +the independence of what they call their +Thirteen Colonies; and he said, that Congress would +judge by themselves, that the Court of London would +debate with the greatest energy and obstinacy the +articles relating to America. He availed himself of +this reflection to impress the committee with the +necessity Congress are under, of securing in their +favor the benevolence and good will of the mediating +powers, by presenting their demands with the greatest +moderation and reserve, save independence, which will +not admit of any modification. He further observed, +that it was possible the difficulty of making a definitive +peace might engage the mediators to propose a +truce; and that it was necessary, therefore, to authorise +<span class="pagenum"><a name="Page_482" id="Page_482">482</a></span> +eventually the Plenipotentiary of the United +States to declare their intention thereon.</p> + +<p>He further observed, that whatever might be the +resolution of Congress, they would do well to recommend +to their Plenipotentiary to adopt a line of +conduct, that would deprive the British of every hope +of causing divisions between the allies, and to assume +a conciliating character, as much as can be consistent +with the dignity of his constituents, and to show such +a confidence in the Plenipotentiary of his Most Christian +Majesty, as is due to a power so much interested +to support the dignity and honor of a nation, whose +independence they have acknowledged.</p> + +<p>The Minister told the committee, that whatever +might be the resolution of Congress, respecting a peace +or a truce, it was necessary to carry on the war with +the utmost vigor. He urged reasons too well known +to Congress to be related.</p> + +<p>He desired the committee to inform Congress, that +in case the offer of mediation from the two Imperial +Courts should become so serious and so pressing, as +to oblige the King to give a decisive answer, his Majesty +would accept of it conditionally for himself and +for the United States. The taking this resolution +would have no inconvenience, as the Court of France +knew no reasons, which could prevent them from following +the example of the King, by trusting their interests +in the hands of just and wise mediators, and +the refusal being liable to very dangerous consequences. +The Minister concluded the conference by observing, +that a great object was to secure the United States +from the proposition of <i>uti possidetis</i>; that the surest +<span class="pagenum"><a name="Page_483" id="Page_483">483</a></span> +way to obtain that end was to reduce the English to +confess, that they are not able to conquer them. That +present circumstances require great exertions from the +consideration, and that it was plain that every success +gained by the army of Congress would infinitely +facilitate the negotiations of their Plenipotentiaries.<a name="FNanchor_44" id="FNanchor_44" href="#Footnote_44" class="fnanchor">[44]</a></p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_44" id="Footnote_44" href="#FNanchor_44"><span class="label">[44]</span></a> <i>June 6th.</i> "Resolved, That the Minister Plenipotentiary, be authorised +and instructed to concur, in behalf of these United States, +with his Most Christian Majesty, in accepting the mediation proposed +by the Empress of Russia and the Emperor of Germany; but +to accede to no treaty of peace, which shall not be such, as may +effectually secure the independence and sovereignty of the Thirteen +States, according to the form and effect of the treaties subsisting +between the said States and his Most Christian Majesty, and in +which the said treaties shall not be left in their full force and validity."</p></div></div> +<div class="thought_break"></div> + +<h3>CONGRESS TO THE KING OF FRANCE.</h3> + +<p>The United States in Congress assembled, to their Great +Faithful and Beloved Friend and Ally, Lewis the Sixteenth, +King of France and Navarre.</p> + +<p class="letter_open">Great, Faithful, and Beloved Friend and Ally,</p> + +<p>We have received your Majesty's letter of the 10th of +March. The measures adopted by your Majesty in consequence +of the representation made of the situation of +our finances, the repeated testimonies of your Majesty's +unalterable determination to render the cause of the United +States triumphant, and also the affection, which your Majesty +has been pleased to express for the United States in +general, and for each State in particular, demand from us +the strongest sentiments of gratitude.</p> + +<p><span class="pagenum"><a name="Page_484" id="Page_484">484</a></span></p> + +<p>The important communications made by your Majesty's +Plenipotentiary have been considered by us with the +greatest attention. The result of our deliberations will be +made known to your Majesty by our Minister Plenipotentiary +at your Court, and will evince the entire confidence +we have in your Majesty's friendship and perseverance in +the principles, which have directed your conduct in maintaining +the interest of the United States to this time.</p> + +<p>We pray God, that he will keep your Majesty, our +great, faithful, and beloved friend and ally, in his holy protection.</p> + +<p>Done at Philadelphia, the 13th day of June, in the year +of our Lord, 1781, and in the fifth year of our independence.</p> + +<p> +By the United States in Congress assembled.</p> + +<p class="indent1">Your Faithful Friends and Allies.</p> + +<p class="signed">SAMUEL HUNTINGTON, <i>President</i>.</p> +<p class="indent1"><span class="smcap">Charles Thomson</span>, <i>Secretary</i>.</p> + +<div class="thought_break"></div> + +<h3>TO GEORGE WASHINGTON.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, June 1st, 1781</p> + +<p class="letter_open">Sir,</p> + +<p>I have received the letter, which your Excellency did +me the honor to write on the 23d of the past month, and +that of the Count de Rochambeau, with which it was +accompanied.</p> + +<p>I wait with extreme impatience the news of the arrival +of the French division before New York, and no one can +desire more earnestly than I do to see it under your immediate +<span class="pagenum"><a name="Page_485" id="Page_485">485</a></span> +command. I hoped that you would have been +this spring in the command of a more considerable body +of auxiliaries. The causes, which have hindered the execution +of that plan, have been so urgent and so decisive, +that I am sure you will approve them, after I shall have +had the honor of making you acquainted with them. I +have nevertheless been much pained, that I could not explain +to you this change of measures, and my attachment +to the cause, which you defend, has made me feel as sensibly +as any citizen of America all the delays, that could +happen to the assistance, which we wish to give to the +Thirteen States.</p> + +<p>I am impressed with the necessity of maintaining a perfect +confidence with your Excellency upon these different +points, and I shall seize the first occasion which presents +itself to visit your army.</p> + +<p>In the meantime I shall transmit to the Count de Grasse +what your Excellency did me the honor to communicate. +Be persuaded that I shall use the most pressing motives to +determine him, and I shall do it with so much the more +zeal, as I feel the necessity of it. I shall transmit to that +General an extract of your letter, and I know nothing more +likely to give weight to the demand, which I shall make +of him.</p> + +<p>The King has charged me, Sir, to inform Congress, +that he grants them a gratuitous subsidy to enable them to +make the greatest efforts in the course of this campaign. +This subsidy, amounting to <i>six millions of livres tournois</i>, +is to be employed in the purchase of arms, ammunition, +and clothing, and it is the intention of the King, that the +surplus shall be at the disposal of Congress. I have not +been instructed as to what will be the exact amount of +<span class="pagenum"><a name="Page_486" id="Page_486">486</a></span> +this surplus, but it is determined, that one million and a +half shall be employed by the Superintendent of Finance, +according to the directions, which you shall give him, after +the arrangements you shall make with him in the visit, +which he intends paying you.</p> + +<p>I have informed Congress, and I intrust it to your Excellency, +that the Emperor of Austria, and the Empress +of Russia, have offered their mediation to the Court of +London, who has accepted it. The same has also been +offered to the Court of Versailles, and that of Madrid. +But they have given for answer, that time must be left for +Congress to determine, if it suits them to put the interests +of the Thirteen United States into the hands of the mediators. +In any event, it is of the greatest importance, that +the allies make all their efforts to drive the enemy from +this continent, and nothing will be more likely, than the +success of the confederate arms, to make a successful +negotiation.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>GEORGE WASHINGTON TO M. DE LA LUZERNE.</h3> + +<p class="letter_head">Head Quarters, New Windsor,<br /> +June 13th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>His Excellency the Count de Rochambeau having requested +me to forward the despatches herewith transmitted, +by the safest possible conveyance, I now do myself +the honor to send them by a gentleman of the Quarter +Master General's department.</p> + +<p>Having been made acquainted by the Count de Rochambeau +with the designs of the Count de Grasse, to +<span class="pagenum"><a name="Page_487" id="Page_487">487</a></span> +come to this coast with his fleet, I cannot forbear expressing +to your Excellency my ardent wishes, that a body of +land forces might also attend this naval armament; as I +am apprehensive such a decided superiority of men may +not be drawn together by us, by the time the Count de +Grasse will be here, as to insure our success against the +enemy's most important posts; as his continuance in these +seas may be limited to a short period, and as the addition +of a respectable corps of troops from the West Indies +would, in all human probability, terminate the matter very +soon in our favor. If these should likewise be your sentiments, +and if this plan should not interfere with the intentions +and interests of his Most Christian Majesty elsewhere, +I entreat your Excellency, by the first good conveyance, +to represent the propriety and necessity of the measure to +the commanders in the West Indies; that by one great +decisive stroke the enemy may be expelled from the continent, +and the independence of America established at +the approaching negotiation.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">GEORGE WASHINGTON.</p> + +<div class="thought_break"></div> + +<h3>REPORT OF A CONFERENCE WITH THE FRENCH MINISTER.</h3> + +<p class="letter_head">In Congress, June 18th, 1781.</p> + +<p>The committee appointed to confer with the Minister +Plenipotentiary of France, report,</p> + +<p>That on the second conference with the Minister of +France, he communicated some parts of a despatch, dated +the 7th of August, 1780, the first part relating to losses +suffered by French merchants, either trading with private +<span class="pagenum"><a name="Page_488" id="Page_488">488</a></span> +houses in America, or engaged in transactions of commerce +for Congress, or the several States. He informed +the committee that several papers, which should have accompanied +this despatch, were not come to hand, so that +he could not state what kind of compensation the merchants +might expect. The Minister, however, mentioned +in the conference, that without waiting the arrival of those +papers, which may have been lost, or may be delayed for a +long time, some recommendation might be thought proper +to be sent from Congress to the several States, in order to +prevent forever the effect of the tender laws operating +against foreign merchants; that this would be an encouragement +to commerce, and remove the fears of foreign +traders in their transactions with the citizens of the United +States. The Minister communicated that part of the Count +de Vergennes' letter relating to the discussion between him +and Mr John Adams, with respect to the depreciation of +the paper money, and the effect this had produced on the +French trade; however, he did not enter fully into the +matter, not being furnished with the proper papers.</p> + +<p>The other objects of the communications of the Minister +of France were the measures taken by the Court of +Russia, and the northern powers, on account of the rights +of neutrality, and the conduct to be observed by the belligerent +powers towards subjects of neutral powers; and +he informed the committee, that those northern Courts had +made formal declarations to the powers at war respecting +the principles of neutrality; and that they had concluded +a convention for the security of their navigation and of +their fair trade. That this convention was particularly +obnoxious to the Court of London, as it was now obliged +to respect neutral flags, which it had till then treated with +<span class="pagenum"><a name="Page_489" id="Page_489">489</a></span> +the greatest severity, exercising against them every kind of +depredation, according to its former practice. That France +fully approved of that convention, the consequence of which +was, that all the powers concerned, while they did justice +to the principles of the King's Council, considered the +British more and more as the tyrants of the sea.</p> + +<p>The King's Council, therefore, thought it proper to +transmit this intelligence to Congress, leaving it to their +wisdom to adopt the principles of the neutral powers laid +down so long ago as the 26th of July, 1778, in an ordinance +of the King, which the Minister of France delivered +several months ago, with other printed papers on the same +subject, to the Board of Admiralty. The Minister thought +it the more important for the United States to conform +their maritime laws to that system, as they would thereby +conciliate to themselves the benevolence of the neutral +powers. He observed, that American privateers had presumed +to stop neutral vessels loaded with English merchandise, +which had given rise to unfavorable observations +and complaints against the United States. He observed, +that Holland had taken a part in the association of the +northern Courts; and that therefore she ought to be comprehended +in the orders of Congress, if it should be +thought proper in those orders to mention the names of +particular powers. But if Congress adopted a conduct +similar to that of France, they would extend their orders +in favor of all neutral powers generally.</p> + +<p>The Minister then gave a short historical account of the +negotiation of Mr Cumberland, observing that the matter +being now obsolete, it was sufficient to mention that this +agent, having made proposals of peace to the King of +Spain, the first question he was asked was, what were the +<span class="pagenum"><a name="Page_490" id="Page_490">490</a></span> +intentions of the Court of London respecting the United +States? That he, having no instructions on this subject, +or pretending to have none, had sent an express to London. +That the express had not returned when this letter +was written.</p> + +<p>The Minister informed the committee, that the Court +of Versailles had neglected nothing to procure arms, ammunition, +and clothing, for Congress. That the good intentions +of the Court had not been well seconded by the +American agents; that it was their fault if these articles +had not been forwarded in time; that the Ministers did +not intend to accuse any one in particular; but were of +opinion, that Congress should inquire into the cause of the +delay, in order to inflict such punishment as would prevent +the like conduct in future.</p> + +<p>The Minister then communicated the substance of a +despatch of the 9th of March, 1781; and entering fully +into the subject, he told us, that so early as the beginning +of the year 1780, he had informed Congress, that a mediation +might be opened in Europe. That the mediators +might propose the <i>uti possidetis</i> as the basis of the negotiation. +That it was of the utmost importance to prevent +the effect of a proposition, so inconsistent with the independence +of the United States. That the Court of France +wished to give them every assistance in their power; but +he had observed at the same time, that the political system +of the kingdom, being closely connected with that of other +European powers, France might be involved in difficulties, +which would require the greatest attention, and a considerable +part of her resources. That he had informed +Congress confidentially, that the death of the Sovereigns +of some of the European States, with whom the Court of +<span class="pagenum"><a name="Page_491" id="Page_491">491</a></span> +France had the most intimate connexion, might oblige +her to employ the greatest part of her resources to secure +her against the dangers, which might be occasioned by +such an event. That since that communication was made +to Congress, both those cases had happened. That the +Empress Queen was dead. That the Court of Versailles +flattered itself, that this will not at this time give rise to +any material change in the politics of the Courts of Vienna +and Berlin. That circumstances, however, are such, that +prudence dictates not to leave the frontier of France bordering +on Germany unprovided for defence. That the +character the King bears of guarantee or protector of the +liberties of the German empire, obliges him to be ready +to assist effectually the members of that body, whose safety +may be endangered, and of consequence occasions extraordinary +expenses. That France is at the same time obliged +to spare the land forces of the kingdom, and at the present +crisis not to keep them at too great a distance. That +this, however, is only a point of caution and prudence. +That the Court of France still hopes the issue will be +peaceable and agreeable to her wishes; but has thought it +proper to inform Congress of it.</p> + +<p>That matters are different with respect to the Dutch. +That they are now in a state of war with the English; but +there is among them a party in favor of England; and notwithstanding +the accession of the two opposing provinces +to the resolution of the States for making reprisals, a mediation +has been entered into between London and the +Hague; and the Empress of Russia acts as mediatrix. +That it is evident the Court of London, by opening this +negotiation, designs to draw the Seven Provinces to her +side; and even goes so far as to expect, that she may employ +<span class="pagenum"><a name="Page_492" id="Page_492">492</a></span> +the resources of the Dutch against France, either +directly or indirectly. That the disposition of that Republic +is still such as friends would wish. But the strongest +argument, which the British party make use of to +separate the Seven Provinces from France is, that they +are destitute of a naval force; that their seamen are captured +by the British; that all their riches will likewise fall a +sacrifice; and that their settlements in the East and West +Indies are in the greatest danger. That under these circumstances +it was become necessary for France to afford immediate +protection to the Dutch in Europe; and to make +without delay a diversion, which may possibly save their +East India possessions. That these measures had rendered +it actually impossible to send to the United States +the reinforcement, which was announced.</p> + +<p>The Minister of France thinks, that this confidential and +friendly explanation of the situation of France will convince +Congress, that the King could not pursue a different +line of conduct; and that the consequences of the measures +he has taken must at last turn to their advantage. +That, however, Count de Rochambeau and M. Barras +will receive some reinforcements, and will inform the +Chevalier de la Luzerne how considerable they are.</p> + +<p>The Minister told the committee, that the friendship +and benevolence of the King for the Thirteen United States +had engaged him to trust Congress with these details, observing +at the same time, that it would be proper to keep +them secret.</p> + +<p>In giving an account of the subsidy granted by the +King of France, the Minister concluded by observing, that +the Count de Vergennes writes, that what remains of the +six millions, after purchasing the supplies of arms and ammunition, +<span class="pagenum"><a name="Page_493" id="Page_493">493</a></span> +would be at the disposal of Congress; or if +they should so direct, at the disposal of the commander in +chief, or of their financier, if there should be one; and +that the resolution Congress took on this subject should +be made known to the Ministry, that funds may be provided +accordingly. In the course of the conference the +Chevalier mentioned the sums, that had been procured for +these States since the beginning of the year 1780. That +in that year the Count de Vergennes had, on his own +credit, procured for Dr Franklin three millions of livres. +That in December Dr Franklin wanted one million more +to honor the bills drawn by Congress; and that he received +the fourth million. That in the course of the present +year, the Count has procured for him on loan four +millions of livres, which make eight millions borrowed on +the guarentee of France, since the aforementioned period. +And now the King makes a gratuitous donation of the +subsidy of six millions, which in the whole make up the +sum of fourteen millions, since the commencement of the +year 1780.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 1st, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>I am ready to go to the army of General Washington, +and I shall have the honor of receiving your commissions +this evening. My absence will, probably, be of short duration; +I think it proper, however, to inform you, that M. +de Marbois will perform, during this interval, the duties of +<i>Chargé d'Affaires</i> of his Majesty, and I entreat you, Sir, +<span class="pagenum"><a name="Page_494" id="Page_494">494</a></span> +to be pleased to honor him with your confidence, in case +you have any communications to make to, or receive from, +the King's embassy.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>M. DE MARBOIS TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 9th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>The undersigned, <i>Chargé d'Affaires</i> of France, has the +honor of informing Congress, that the Count de Barras, +commander of his Majesty's squadron stationed on the +coasts of the Thirteen States, labors at this moment under +an urgent necessity of completing his crews. The diseases, +which have prevailed on board of this squadron, the +battle in which it has been engaged, a long absence from +the ports of the kingdom, and the manœuvres employed +by many individuals to excite the French sailors to desertion, +are causes, which have diminished in a considerable +degree the number of those, who were employed on board +of this squadron. The undersigned is instructed to communicate +these circumstances to Congress. The French +commander thinks, that if he may be authorised by the +Legislatures of the New England States to impress +French sailors, and to remove them from the different +vessels, in which they may be found, he will very soon be +enabled to remedy the diminution of numbers, which he +has experienced.</p> + +<p class="signed"> +MARBOIS.</p> +<div class="thought_break"></div> +<p><span class="pagenum"><a name="Page_495" id="Page_495">495</a></span></p> + +<h3>M. DE MARBOIS TO THE SECRETARY OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 11th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>I have received, in the absence of the Chevalier de la +Luzerne, the letter which you took the trouble to write, +to inform that Minister of the King, that the Honorable +Thomas McKean had been chosen President of Congress, +in the place of the Honorable Samuel Huntington. I shall +communicate this change to his Majesty's Minister, on his +return to Philadelphia, and also to the Minister having the +direction of Foreign Affairs in France. We are very +sorry to see that Mr Huntington is obliged, by ill health, +to resign an office, in the exercise of which he has given +frequent proofs of his wisdom, and of his attachment to the +Thirteen States, and to the alliance. But the choice by +Congress of the Honorable Mr McKean, leaves nothing +to be wished for, and I can assure you, Sir, that his Majesty's +Minister will be eager to show to him the same +confidence, which he has shown to his predecessor, and +that we shall use all exertions to merit his in return.</p> + +<p class="indent1"> +I have the honor to be, &c.</p> + +<p class="signed">MARBOIS.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 20th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>The undersigned, Minister Plenipotentiary of France, +has the honor of informing Congress, that he has received +<span class="pagenum"><a name="Page_496" id="Page_496">496</a></span> +despatches from his Court, the contents of which may be +interesting to this Assembly, and that he is desirous of +communicating them to it through a committee, if Congress +shall be pleased to appoint one to confer with him. These +communications relate to the state of public affairs in Europe, +in the months of January and February last, to the +rupture between England and the United Provinces, and +to the measures to be taken to facilitate an alliance between +the Thirteen United States and that Republic.</p> + +<p class="signed"> +LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>REPORT OF COMMUNICATIONS FROM THE FRENCH +MINISTER.</h3> + +<p class="letter_head"> +In Congress, July 23d, 1781.</p> + +<p>The committee appointed to receive the communications +of the Minister of France, delivered in the following +report.</p> + +<p>The Minister, from his despatches of the 9th of January, +1781, communicated to your committee the causes which +delayed the measures, which the Court of France proposed +to take for the naval operations of this campaign, the +length of the passage of Count d'Estaing to Brest, and, +other circumstances not necessary now to be recapitulated; +and then told us that he was desired, in the meanwhile, to +continue to assure Congress, that the interest which his +Majesty takes in the American cause will essentially +influence his measures for the present campaign.</p> + +<p>The Minister continued by observing, that the present +situation of affairs between Great Britain and Holland +presented a favorable opportunity for a union of the two +Republics. +<span class="pagenum"><a name="Page_497" id="Page_497">497</a></span></p> + +<p>Your committee will not repeat the details of what has +happened between the two powers of England and Holland; +it is sufficient to observe, that Sweden and Denmark +have adopted the plan of the armed neutrality, framed by +the Empress of Russia; that the Dutch, upon invitation, +had done the same, and the Court of London, irritated by +this step, took hold of the pretence afforded by the papers +found on Mr Laurens, and published a manifesto on the +21st day of December, as well as a proclamation for expediting +letters of marque. That this state of affairs, and +the other consequences of this step, deserve the attention +of Congress. That, if their High Mightinesses should join +in this war, it would bring the two Republics to terms of +more intimate union. That the opinion of the Council of +the King was, that Congress ought not to neglect to send +to Holland a prudent and able man, with full powers. It +would likewise be advantageous to give proper instructions +to that Minister; and as it may happen in the course of +the negotiations that unforeseen incidents may present +themselves, and as it is impossible at this distance to have +quick information, it would be proper to have further instructions +given by Dr Franklin, in order to avoid all +inconsistency or contradiction, and that the political operations +of Congress, aiming towards the same end, may of +course be more successful.</p> + +<p>The Minister communicated to your committee the +contents of another despatch, of the 19th of February last. +After stating some facts relating to Mr Laurens's capture, +and its consequences, which Congress are already acquainted +with, the Minister informed your committee, that +the Empress of Russia had, on the 5th of January, received +the accession of the United Provinces to the association of +<span class="pagenum"><a name="Page_498" id="Page_498">498</a></span> +neutral powers, and that there was great probability, that +her Imperial Majesty would support the Dutch against the +tyranny of England, and that on every supposition, Congress +would do well to take such measures, as to prepare, +without delay, the means of uniting the interest of the two +Republics, by making proper advances to the States-General. +The Minister added, that he was authorised by +the King to offer Congress his interposition for this +purpose.</p> + +<p>The Minister informed, that according to appearances +the Empress of Russia seemed to be well disposed to the +independence of the United States; and that these dispositions +give reason to think, that the Empress will see with +pleasure, that Congress have adopted her principles as to +the neutrality, and that the Count de Vergennes has sent +that resolution to the Marquis Verac, the Minister of +France to the Court of Russia.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, July 26th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>The twentyninth article of the Treaty of Amity and +Commerce, between his Most Christian Majesty and the +United States, reserves to the two contracting powers, "the +liberty of having, each in the ports of the other, Consuls, +Vice-Consuls, Agents, and Commissaries, whose functions +shall be regulated by a particular agreement." In consequence +of this stipulation, the Court of Versailles has +caused a draft to be made of a convention, relative to the +establishment of Consuls, which the undersigned, Minister +<span class="pagenum"><a name="Page_499" id="Page_499">499</a></span> +Plenipotentiary of France, has the honor to communicate +to Congress. It is the desire of his Majesty, that this draft +should be examined by Congress, and those points marked +which admit of no difficulty; and that the others should be +submitted to the examination of delegates appointed by both +parties, who may make such observations as they shall +judge proper, and propose such alterations as they may +think convenient. These objects will require discussion in +repeated conferences, and the undersigned entreats, that +Congress would determine in what manner these conferences +shall be held. The proposed convention requires +the most mature consideration of both parties; while at +the same time, it is equally the interest of both with all +speed to introduce consistency and uniformity into their +respective commercial establishments, and the undersigned +is of opinion, that Congress will think it necessary to prosecute +this business with all possible despatch.<a name="FNanchor_45" id="FNanchor_45" href="#Footnote_45" class="fnanchor">[45]</a></p> + +<p class="signed"> +LUZERNE.</p> + +<div class="footnotes"><h4>FOOTNOTE:</h4> + +<div class="footnote"><p><a name="Footnote_45" id="Footnote_45" href="#FNanchor_45"><span class="label">[45]</span></a> See the draft of this Convention in the <i>Secret Journal</i>, Vol. III. +p. 6.</p></div></div> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, August 23d, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>The undersigned, Minister Plenipotentiary of France, +has the honor of informing Congress, that the situation of +affairs requires, that M. de l'Etombe, Consul General of +France, in the four States of New England, should proceed +immediately to his destination. This officer being +provided with the commission of his Majesty, in the form +<span class="pagenum"><a name="Page_500" id="Page_500">500</a></span> +made use of for the other French Consulates, in the +different quarters of the world, it is desirable that his character +should be recognized in the manner and form, which +for the future are to take place uniformly throughout the +Thirteen United States. The undersigned, Minister +Plenipotentiary, consequently entreats Congress to determine +provisionally, what this form shall henceforward be, +without waiting till the plan to be agreed upon shall be +definitively settled. He is also desirous, that Congress +will be pleased to pass a resolution on the subject of the +recognition of the character of Vice-Consuls.</p> + +<p class="signed">LUZERNE.</p> + +<div class="thought_break"></div> + +<h3>TO THE PRESIDENT OF CONGRESS.</h3> + +<p class="translation">Translation.</p> + +<p class="letter_head"> +Philadelphia, September 6th, 1781.</p> + +<p class="letter_open">Sir,</p> + +<p>The undersigned, Minister Plenipotentiary of France, +has the honor of communicating to Congress the commission +of M. de l'Etombe, as Consul General of France +in the States of New Hampshire, Massachusetts, Rhode +Island, and Connecticut. He requests Congress to be +pleased to pass an act, or four different acts, in order to +procure for the said Consul the <i>exequatur</i> in each of the +States, to which his functions are to extend.</p> + +<p class="signed"> +LUZERNE.</p> + +<p class="volume_end">END OF THE TENTH VOLUME.</p> +<div class="section_break"></div> +<div id="trannote"> +<h2>TRANSCRIBER'S NOTE.</h2> + +<p>Omitted words, shown as blank spaces in the original, have been +transcribed as ——.</p> + +<p>Every effort was made to match the original text. Spelling +variations between letters have been preserved. The following +apparent typographical errors were corrected:</p> +<table summary="Transcriber's Note"> +<tr><td>"Triomphe" for "Trimophe"</td> +<td><a href="#Triomphe">page 40</a></td> +</tr> +<tr> +<td>"November 5, 1782" for "November 5, 1882"</td> +<td><a href="#Date">page 94</a></td> +</tr> +<tr> +<td>"and who ought" for "and ho ought"</td> +<td><a href="#ought">page 308</a></td> +</tr> +<tr> +<td>"each other" for "eachother"</td> +<td><a href="#each">page 314</a></td> +</tr> +</table> +</div> + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of The Diplomatic Correspondence of the +American Revolution, Volume X (of 12), by Various + +*** END OF THIS PROJECT GUTENBERG EBOOK DIPLOMATIC CORR.--AMERICAN REVOL. *** + +***** This file should be named 38642-h.htm or 38642-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/8/6/4/38642/ + +Produced by Frank van Drogen, Melissa McDaniel and the +Online Distributed Proofreading Team at https://www.pgdp.net +(This file was produced from images generously made +available by the Bibliothèque nationale de France +(BnF/Gallica) at http://gallica.bnf.fr) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + + +</pre> + +</body> +</html> |