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diff --git a/38642-8.txt b/38642-8.txt new file mode 100644 index 0000000..2307d9b --- /dev/null +++ b/38642-8.txt @@ -0,0 +1,17714 @@ +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) + + + + + + + +THE + +DIPLOMATIC CORRESPONDENCE + +OF THE + +AMERICAN REVOLUTION. + +VOL. X. + + + + +THE + +DIPLOMATIC CORRESPONDENCE + +OF THE + +AMERICAN REVOLUTION; + +BEING + +THE LETTERS OF BENJAMIN FRANKLIN, SILAS DEANE, JOHN ADAMS, JOHN JAY, +ARTHUR LEE, WILLIAM LEE, RALPH IZARD, FRANCIS DANA, WILLIAM +CARMICHAEL, HENRY LAURENS, JOHN LAURENS, M. DE LAFAYETTE, M. DUMAS, +AND OTHERS, CONCERNING THE FOREIGN RELATIONS OF THE UNITED STATES +DURING THE WHOLE REVOLUTION; + +TOGETHER WITH + +THE LETTERS IN REPLY FROM THE SECRET COMMITTEE OF CONGRESS, AND THE +SECRETARY OF FOREIGN AFFAIRS. + +ALSO, + +THE ENTIRE CORRESPONDENCE OF THE FRENCH MINISTERS, GERARD AND LUZERNE, +WITH CONGRESS. + + +Published under the Direction of the President of the United States, +from the original Manuscripts in the Department of State, conformably +to a Resolution of Congress, of March 27th, 1818. + +EDITED + +BY JARED SPARKS. + + +VOL. X. + + +BOSTON: + +NATHAN HALE AND GRAY & BOWEN; + +G. & C. & H. CARVILL, NEW YORK; P. THOMPSON, WASHINGTON. + + +1830. + + + + +Steam Power Press--W. L. Lewis' Print. + +No. 6, Congress Street, Boston + + + + +CONTENTS + +OF THE + +TENTH VOLUME. + + +GENERAL LAFAYETTE'S CORRESPONDENCE. + + Page. + + Resolve of Congress respecting General Lafayette. + In Congress, November 23d, 1781, 5 + + Expressing their sense of his services, and directing the + foreign Ministers and other officers of the United States + to consult with him. + + To Robert R. Livingston. Antony, near Paris, + March 30th, 1782, 7 + + Ministerial changes in England. + + To Robert R. Livingston. St Germain, June 25th, + 1782, 8 + + Composition, character, and policy of the Shelburne + Ministry.--Defeat of Count de Grasse.--Siege of Gibraltar. + + Robert R. Livingston to M. de Lafayette. Philadelphia, + September 18th, 1782, 15 + + The Count de Segur.--Character of the British Ministry. + + Robert R. Livingston to M. de Lafayette. Philadelphia, + November 2d, 1782, 16 + + Political and military state of America. + + To the President of Congress. Brest, December + 3d, 1782, 19 + + Is about to embark on a voyage in the service of America. + + Robert R. Livingston to M. de Lafayette. Philadelphia, + January 10th, 1783, 20 + + Discontents in the army on account of the want of + money.--Regrets the departure of the French troops. + + To William Carmichael, at Madrid. Cadiz, January + 20th, 1783, 22 + + America ought to treat with Spain only on an equal + footing. + + To Robert R. Livingston. Cadiz, February 5th, + 1783, 24 + + Objects of his voyage.--Mr Carmichael desires his presence + at Madrid.--Disposition of Spain.--Southern + boundaries.--Recommends Mr Harrison to be Consul at Cadiz. + + To the President of Congress. Cadiz, February + 5th, 1783, 28 + + Congratulations on the peace.--Desires the annexation of + Canada to the United States.--His presence required in + Madrid. + + To the Count de Florida Blanca. Madrid, February + 19th, 1783, 30 + + Submitting to his revision the results of previous + conferences on American affairs. + + Count de Florida Blanca to M. de Lafayette. + Pardo, February 22d, 1783, 32 + + Acknowledges the correctness of the statements contained + in the preceding letter.--The King is disposed to settle + the affair of the boundaries amicably. + + To the Count de Florida Blanca. Madrid, February + 22d, 1783, 33 + + The Spanish Minister explains his sentiments concerning + the boundary. + + To Robert R. Livingston. Bordeaux, March 2d, + 1783, 33 + + 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. + + Robert R. Livingston to M. de Lafayette. Philadelphia, + May 1st, 1783, 38 + + 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. + + To the President of Congress. Chavaniac, in the + Province of Auvergne, July 20th, 1783, 40 + + Russia is determined on a Turkish war.--Endeavors + to obtain L'Orient and Marseilles as free ports. + + To the President of Congress. Nantes, September + 7th, 1783, 42 + + 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. + + To the President of Congress. Paris, December + 26th, 1783, 45 + + Changes in the British Ministry.--Affairs in the East. + + To John Jay, Secretary of Foreign Affairs. Mount + Vernon, November 25th, 1784, 46 + + Regrets the publication of certain papers relating to the + Indian treaty. + + To John Jay. Versailles, February 8th, 1785, 48 + + Affairs of Europe. + + To John Jay. Paris, March 19th, 1785, 50 + + 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. + + To John Jay. Paris, May 11th, 1785, 51 + + European affairs.--Endeavors to obtain privileges for the + American trade in France.--Intends to visit the south of + France and Germany. + + To John Jay. Vienna, September 6th, 1785, 52 + + Calls the attention of Congress to the Memorial of M. + d'Argaynarat. + + To John Jay. Paris, February 11th, 1786, 53 + + 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. + + To John Jay. Paris, October 28th, 1786, 57 + + 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. + + To John Jay. Paris, February 7th, 1787, 59 + + European affairs.--The disturbances in New England excite + distrust in Europe. + + To John Jay. Paris, May 3d, 1787, 60 + + Proceedings of the notables in France.--The interest of + the American debt unpaid.--Hopes from the convention at + Philadelphia.--Character of Brienne. + + To John Jay. Paris, October 15th, 1787, 63 + + 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. + + +THE CORRESPONDENCE OF THE COMMISSIONERS + +FOR NEGOTIATING A PEACE + +WITH GREAT BRITAIN. + + Commission to treat of Peace, 71 + + Commission to accept the mediation of the Empress + of Russia and the Emperor of Germany, 73 + + Instructions to the Commissioners for Peace. In + Congress, June 15th, 1781, 75 + + The King's warrant for Richard Oswald's first Commission + for negotiating Peace, 76 + + Richard Oswald's second Commission for negotiating + Peace, 80 + + Commission to William T. Franklin, 83 + + From Benjamin Franklin and John Jay, appointing him + Secretary to the Commissioners. + + Resolutions of Congress. In Congress, October 3d, + 1782, 86 + + 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. + + Articles agreed on between the American and British + Commissioners. October 8th, 1782, 88 + + Richard Oswald to the Commissioners. Paris, November + 4th, 1782, 92 + + Insisting on the restoration of the property confiscated + for attachment to the British cause, and on a general + amnesty. + + Articles taken to England by Mr Strachey. November + 5th, 1782, 94 + + H. Strachey to the Commissioners. Paris, November + 5th, 1782, 98 + + Urging the indemnification of the refugees as + indispensable to peace. + + To Richard Oswald. Paris, November 5th, 1782, 99 + + 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. + + To H. Strachey. Paris, November 6th, 1782, 101 + + Enclosing the preceding letter. + + Third set of Articles. November 25th, 1782, 101 + + Article proposed and read to the Commissioners, + before signing the Preliminary Articles, 106 + + Demanding compensation for all the private property seized + or destroyed during the war.--FACTS in regard to this + subject. + + To M. de Lafayette. Paris, November 28th, 1782, 108 + + Approve of his return to America. + + Provisional Articles of Peace, 109 + + To Francis Dana at Petersburg. Paris, December + 12th, 1782, 116 + + Informing him of the signing of the Provisional Articles, + and advising the communication of his mission. + + To Robert R. Livingston. Paris, December 14th, + 1782, 117 + + Enclosing a copy of the preliminaries of peace, with + remarks on some of the articles. + + Resolution of Congress respecting Commercial + Stipulations. In Congress, December 31st, 1782, 121 + + Instructing the Commissioners to stipulate for a direct + commerce between the British dominions and the United + States. + + English Commissioners' Declaration of the Cessation + of Hostilities. Paris, January 20th, 1783, 121 + + Signature of the above Declaration by the American + Commissioners, 123 + + British King's Proclamation, Declaring a Cessation + of Arms, 124 + + Alleyne Fitzherbert to the Commissioners. Paris, + February 18th, 1783, 126 + + Enclosing passports for American vessels and the preceding + proclamation. + + American Commissioners' Declaration of the Cessation + of Hostilities, 127 + + Robert R. Livingston to the Commissioners. + Philadelphia, March 25th, 1783, 129 + + General satisfaction with the Preliminary + Articles.--Remarks on the 5th Article.--Regrets the + signing of the treaty without communication with the + French Court, and the concealing of the Separate Article. + + Proclamation of Congress, Declaring a Cessation of Arms, 133 + + Robert R. Livingston to the Commissioners. Philadelphia, + April 21st, 1783, 136 + + Proceedings in Congress relative to the ratification of + the Provisional Articles.--Points out some ambiguities in + the Articles. + + Mr Grand to the Commissioners. Paris, May 10th, + 1783, 139 + + Enclosing a statement of sums for which he is responsible + on behalf of the United States.--Difficulty of meeting the + payment. + + M. de Lafayette to the Commissioners. Paris, + May 12th, 1783, 141 + + Is requested by the Count de Vergennes to inquire if the + Commissioners will conclude the treaty under the mediation + of Austria and Russia. + + David Hartley's Commission, 142 + + An Order of the British Council. At the Court of + St James, May 14th, 1783, 144 + + 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. + + Count de Vergennes' Proposed New Articles, 146 + + 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. + + To Mr Grand. Paris, May 22d, 1783, 147 + + Regret that they cannot relieve his difficulties. + + Robert R. Livingston to the Commissioners. Philadelphia, + May 28th, 1783, 148 + + Violation of the Articles of the Provisional Treaty, by + the British General sending off slaves.--Complains of want + of information from the Commissioners. + + Robert R. Livingston to the Commissioners. Philadelphia, + May 31st, 1783, 149 + + Propositions from Holland.--Congress will be averse to + engagements that may involve them in European + quarrels.--Dissatisfaction with the 5th and 6th + Preliminary Articles. + + John Adams's Proposed Agreement. June, 1783, 151 + + John Jay's Proposed Agreement. June, 1783, 153 + + David Hartley's Proposed Agreement. June, 1783, 154 + + Report of a Committee of Congress, 155 + + 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. + + David Hartley to the Commissioners. Paris, June + 14th, 1783, 158 + + 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. + + David Hartley's Memorial to the Commissioners, 165 + + 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. + + The President of Congress to the Commissioners. + Philadelphia, June 16th, 1783, 172 + + Transmitting papers in consequence of Mr Livingston's + resignation. + + Henry Laurens to the Commissioners. London, + June 17th, 1783, 173 + + Interview with Mr Fox.--Symptoms of coldness. + + The President of Congress to B. Franklin. Philadelphia, + June 18th, 1783, 174 + + Thanks him for medals.--The Americans are irritated by the + British holding New York and sending away negroes. + + Henry Laurens to the Commissioners. London, + June 20th, 1783, 176 + + Coolness of the Ministry. + + To the Count de Vergennes. Passy, June 28th, + 1783, 177 + + Desiring assistance to meet the bills drawn by Mr Morris. + + Propositions made by the Commissioners to David + Hartley for the Definitive Treaty, 178 + + David Hartley's Six Propositions for a Definitive + Treaty. June, 1783, 182 + + The Commissioners' Answers to Mr Hartley's Six + Propositions, 183 + + To David Hartley. Passy, July 17th, 1783, 185 + + Communicate the ratification of the Provisional Articles + by Congress.--Complain of the violation of the articles + by the British commander in America.--Propose that no + executions shall be issued against British debtors in + America under a delay of three years. + + To Robert R. Livingston. Passy, July 18th, 1783, 187 + + Defence of their conduct in regard to the Separate + Article.--Reasons for framing the article, and for + withholding the communication of it to France and + Spain.--Explanations of the alleged ambiguities in the + other articles. + + To Robert R. Livingston. Paris, July 27th, 1783, 193 + + State of the negotiations. + + Project for a Definitive Treaty of Peace, 195 + + Ratification of the Provisional Articles by Great Britain, 206 + + An Act of the British Parliament, repealing certain Acts + prohibiting Intercourse with the United States, 207 + + David Hartley to the Commissioners. Paris, August + 29th, 1783, 209 + + Desiring them to fix the day for signing the Definitive + Treaty.--His instructions confine him to Paris. + + To David Hartley. Passy, August 30th, 1783, 209 + + Appointing a time for signing the treaty. + + David Hartley to the Commissioners. Paris, September + 4th, 1783, 210 + + Congratulates them on the signing of the + treaty.--Assures them of the sincere wish of the British + Court for an entire reconciliation. + + B. Franklin to Charles Fox. Passy, September + 5th, 1783, 211 + + Expressing his satisfaction with Mr Hartley. + + To David Hartley. Passy, September 5th, 1783, 212 + + Desire a return of cordiality between the two + countries.--Some of the proposed stipulations are not + within their instructions. + + To David Harley. Passy, September 7th, 1783, 213 + + Transmitting a resolve of Congress, ordering the issuing + of a commission to negotiate a treaty of commerce. + + To the President of Congress. Passy, September + 10th, 1783, 214 + + 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. + + From Congress to the Commissioners. October + 29th, 1783, 222 + + 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. + + Ratification of the Definitive Treaty by Congress, 226 + + Proclamation of Congress respecting the Definitive + Treaty, 226 + + Accompanied by Resolutions recommending the adoption of + measures by the States for the restitution of confiscated + property of British subjects. + + Ratification of the Definitive Treaty by Great + Britain, 229 + + +CONRAD ALEXANDER GERARD'S CORRESPONDENCE. + + Letter from the King of France to Congress, 235 + + Letter of credence for M. Gerard, in the character of + Minister of France to the United States. + + Appointment of Consul-General of France in the + United States, 236 + + The King of France to Congress, 238 + + Letter of credence for Count d'Estaing. + + Count d'Estaing to the President of Congress. At + Sea, July 8th, 1778, 239 + + Communicating his credentials and his readiness to + co-operate with General Washington.--M. Gerard. + + Resolves of Congress respecting the Count d'Estaing's + Letter, and the reception of M. Gerard. + In Congress, July 11th, 1778, 241 + + To the President of Congress. Philadelphia, July + 14th, 1778, 243 + + Offering the protection of Count d'Estaing's squadron to + the armed vessels of the United States. + + To the President of Congress. Philadelphia, July + 14th, 1778, 244 + + Requesting Congress to make provision for the English + prisoners on board the French squadron. + + Ceremonial of admitting the French Minister to + Congress. In Congress, July 20th, 1778, 245 + + To the President of Congress. Philadelphia, November + 9th, 1778, 251 + + Requesting Congress to take measures for the sailing of + vessels with supplies for the French forces. + + To the President of Congress. Philadelphia, November + 20th, 1778, 253 + + Informing Congress, that it is not usual to publish + treaties until the ratifications have been exchanged. + + Notes of M. Gerard to Congress. Philadelphia, + December 2d, 1778, 253 + + 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. + + To the President of Congress. Philadelphia, December + 6th, 1778, 254 + + Intends to encourage the capture of ships loaded with + ship-timber by privateers. + + To the President of Congress. Philadelphia, December + 7th, 1778, 255 + + Requesting to be informed if the United States have + reserved the liberty of treating separately with England. + + To the President of Congress. Philadelphia, December + 14th, 1778, 257 + + On the purchase of flour and rice for the French fleet. + + To the President of Congress. Philadelphia, January + 4th, 1779, 258 + + The articles furnished by Beaumarchais were sold to him by + the government, who is, therefore, a creditor of the + United States. + + To the President of Congress. Philadelphia, January + 5th, 1779, 260 + + Complaining of certain assertions in the newspapers, which + imply that France had assisted America previous to the + alliance. + + To the President of Congress. Philadelphia, January + 10th, 1779, 262 + + Urging an answer of Congress to the representations of the + preceding letter.--Answer of Congress disproving the + passages referred to. + + To the President of Congress. Philadelphia, January + 14th, 1779, 263 + + Acknowledging the answer of Congress abovementioned. + + To the President of Congress. Philadelphia, January + 15th, 1779, 264 + + Relative to the sentiments of Congress concerning certain + French officers. + + Messrs Duportail, La Radiere, and Laumoy to M. + Gerard. Philadelphia, January 15th, 1779, 265 + + Consenting to remain in the service of the United States. + + To the President of Congress. Philadelphia, February + 3d, 1779, 267 + + Supply of provisions for the French fleet in the Gulf of + Mexico. + + To the President of Congress. Philadelphia, February + 8th, 1779, 267 + + Requesting to be admitted to an audience by Congress. + + To the President of Congress. Philadelphia, February + 9th, 1779, 268 + + 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. + + To the President of Congress. Philadelphia, February + 9th, 1779, 269 + + 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. + + To the President of Congress. Philadelphia, March + 14th, 1779, 272 + + Relative to means of regulating the rate of exchange. + + To the President of Congress. Philadelphia, March + 16th, 1779, 272 + + Requesting facilities for transporting French prisoners. + + To the President of Congress. Philadelphia, March + 17th, 1779, 273 + + Urging the measures for conducting the negotiations for + peace.--The delay of this measure creates suspicions of + divisions in Congress. + + To the President of Congress. Philadelphia, March + 31st, 1779, 275 + + Intention of returning to France.--Urges the sending out + of Ministers with full powers to treat. + + To the President of Congress. Mount Pleasant, + April 6th, 1779, 276 + + Communicating extracts of letters from Martinique. + + To the President of Congress. Philadelphia, April + 24th, 1779, 279 + + 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. + + To the President of Congress. Philadelphia, May + 3d, 1779, 283 + + Urging Congress to adopt measures for taking part in the + negotiations for peace. + + To the President of Congress. May 4th, 1779, 284 + + Communicating a note of the King of France. + + From the King of France to Congress, 284 + + Informing them of the birth of a Princess. + + To the President of Congress. Philadelphia, May + 6th, 1779, 285 + + Urging measures for entering into the negotiations.--The + British government intend to push the war with + vigor.--Further grant of supplies. + + To the President of Congress. Philadelphia, May + 9th, 1779, 287 + + 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. + + To the President of Congress. Philadelphia, May + 9th, 1779, 289 + + On the proposed co-operation of Count d'Estaing. + + To the President of Congress. Philadelphia, May + 19th, 1779, 290 + + Communicating the succeeding Memorial on the Spanish + vessels brought into port by American privateers.--Reply + of Congress, promising reparation in case of injustice. + + To the President of Congress. Philadelphia, May + 22d, 1779, 294 + + 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. + + To the President of Congress. Philadelphia, May + 24th, 1779, 299 + + Expressing his satisfaction with the arrangements of + Congress for levying supplies by a tax. + + To the President of Congress. Philadelphia, May + 25th, 1779, 301 + + 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. + + To the President of Congress. Philadelphia, May + 27th, 1779, 302 + + 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. + + To the President of Congress. Philadelphia, June + 21st, 1779, 305 + + Proposing the adoption of measures for maintaining the + immunity of the French flag in the United States. + + To the President of Congress. Philadelphia, July + 5th, 1779, 306 + + Relative to the loading and destination of a French supply + ship.--Frauds committed in exporting provisions for the + French fleet. + + To the President of Congress. Philadelphia, July + 5th, 1779, 309 + + 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. + + Report of a Committee respecting a Conference + with the Minister of France. In Congress, July + 10th, 1779, 312 + + 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. + + To the President of Congress. Philadelphia, July + 26th, 1779, 323 + + 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. + + To the President of Congress. Philadelphia, July + 26th, 1779, 324 + + Requesting that the provisions destined for the French + fleet may remain in the public magazines. + + To the President of Congress. Philadelphia, July + 26th, 1779, 324 + + 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. + + M. Gerard to the President of the State of Pennsylvania. + Philadelphia, July 26th, 1779, 327 + + M. Holker to Joseph Reed, President of Pennsylvania. + Philadelphia, July 24th, 1779, 331 + + To the President of Congress. Philadelphia, July + 28th, 1779, 334 + + Enclosing certain papers relative to M. Holker, viz.; + + Joseph Reed to M. Holker. Philadelphia, July + 24th, 1779, 335 + + Joseph Reed to William Henry, Chairman of the + Committee. Walnut Street, July 23d, 1779, 337 + + William Henry to Joseph Reed. Friday Afternoon, + 5 o'clock, Committee Room, 338 + + M. Holker to M. Gerard. Philadelphia, July 29th, + 1779, 339 + + Transmitting papers relative to the affair of the flour at + Wilmington. + + To the President of Congress. Philadelphia, July + 30th, 1779, 340 + + Transmitting papers relative to M. Holker. + + Resolves of Congress. In Congress, July 30th, + 1779, 341 + + Resolves, assuring the protection of the United States to + the officers of his Most Christian Majesty, approving the + conduct of M. Holker, &c. + + The President of Pennsylvania to M. Gerard. In + Council, Philadelphia, July 31st, 1779, 342 + + Expressing regret that any disagreeable discussions should + have taken place, and informing him that the flour is now + at the disposition of M. Holker. + + To the President of Congress. Philadelphia, August + 5th, 1779, 344 + + Acknowledging the reception of certain resolutions of + Congress. + + To the President of Congress. Philadelphia, August + 5th, 1779, 345 + + 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. + + To the President of Congress. Philadelphia, August + 11th, 1779, 346 + + Failure of the attempt to procure military stores at + Martinique. + + The Marquis de Bouillé to M. Gerard. Martinique, + July 11th, 1779, 347 + + Unable to furnish any supplies for the United States. + + Resolution of Congress. In Congress, August + 23d, 1779, 348 + + Resolution, appointing a committee to offer + congratulations on the birth-day of his Most Christian + Majesty. + + M. Gerard to the Committee of Congress. Philadelphia, + August 23d, 1779, 348 + + Acknowledging the reception of the foregoing resolution. + + The Count de Vergennes to M. Gerard, 349 + + Spain joins the alliance.--The English Court will attempt + to separate America from the alliance by advantageous + offers. + + To the President of Congress. Philadelphia, September + 15th, 1779, 350 + + Appointment of Mr Wilson Attorney General for France in + the United States. + + To the President of Congress. Philadelphia, September + 15th, 1779, 350 + + Requesting an audience of leave. + + M. Gerard's Speech on taking leave of Congress, 351 + + Reply of the President of Congress to M. Gerard's + Speech on his taking leave, 352 + + Congress to the King of France, 354 + + Expressing their approbation of M. Gerard's conduct and + character. + + Proceedings of Congress. In Congress, September + 25th, 1779, 355 + + 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. + + +CAESAR ANNE DE LA LUZERNE'S CORRESPONDENCE. + + Substance of a Conference between M. de la Luzerne + and General Washington at Head Quarters, + West Point. September 16th, 1779, 361 + + 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. + + Reception of the French Minister by Congress. In + Congress, November 17th, 1779, 367 + + Containing his letter of credence, his speech to Congress, + and their answer. + + Don Juan Miralles to M. de la Luzerne. Philadelphia, + November 25th, 1779, 373 + + 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. + + To the President of Congress. Philadelphia, November + 26th, 1779, 376 + + Communicating the foregoing letter. + + To the President of Congress. Philadelphia, December + 6th, 1779, 377 + + Requesting instructions as to the disposition of certain + property captured by American seamen. + + The President of Congress to M. de la Luzerne. + In Congress, December 16th, 1779, 378 + + Plan of co-operation with the Spanish forces in Florida. + + M. Holker to M. de la Luzerne. Philadelphia, + January 10th, 1780, 380 + + Representing the injurious effects of a law of Maryland on + his measures for supplying the French forces. + + William Smith to M. Holker. Baltimore, January + 7th, 1780, 382 + + The supplies intended for the French forces will be seized + by the American Commissioners. + + The President of the Council of Maryland to William + Smith. In Council, Annapolis, January 6th, + 1780, 383 + + The supplies purchased for the French fleet cannot be + exempted from seizure for the American army. + + To the President of Congress. Philadelphia, January + 10th, 1780, 384 + + Urging the adoption of measures for securing the supplies + raised for the French forces from liability to seizure. + + To George Washington. Philadelphia, January + 23d, 1780, 386 + + 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. + + Extract of a Memorial communicated by the Ambassador + of England to the Court of Madrid, on + the 28th of March, 1779, 389 + + Ultimatum proposed by the Court of Madrid to the + Courts of France and England, dated 3d of + April, 1779, 390 + + Extract from the Exposition of the Motives of the + Court of Spain relative to England, 392 + + To the President of Congress. Philadelphia, January + 24th, 1780, 393 + + Announcing the appointment of a French Consul for North + Carolina. + + To the President of Congress. Philadelphia, January + 25th, 1780, 394 + + Preparations for another campaign by the European + belligerents.--Necessity of similar preparations on the + part of America.--Desires to concert a plan of common + operations. + + Report of a Committee on the Communications of + the French Minister. In Congress, January + 28th, 1780, 395 + + 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. + + Answer of Congress to the Communications of the + French Minister. In Congress, January 31st, + 1780, 399 + + Forces and plans of Congress for the approaching + campaign.--The general disposition in the United States is + to adhere to the alliance. + + Communications of the French Minister to a Committee + of Congress at a second Conference. In + Congress, February 2d, 1780, 402 + + 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. + + George Washington to M. de la Luzerne. Head + Quarters, Morristown, February 4th, 1780, 404 + + The small number of British prisoners will, probably, + prevent any important concessions for the sake of + effecting an exchange. + + George Washington to M. de la Luzerne. Head + Quarters, Morristown, February 15th, 1780, 406 + + 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. + + To the President of Congress. Philadelphia, + March 8th, 1780, 408 + + M. Gerard obtains facilities for fitting out the + Confederation in Martinique, but has no materials for + masts. + + The King of France to Congress, 409 + + Communicating an additional grant of aid. + + George Washington to M. de la Luzerne. Morristown, + May 5th, 1780, 410 + + Expressing his esteem for M. de la Luzerne, and his + satisfaction with his approbation of the state of the + army. + + George Washington to M. de la Luzerne. Morristown, + May 11th, 1780, 411 + + Expresses his pleasure at the arrival of M. de Lafayette. + + George Washington to M. de la Luzerne. Head + Quarters, Morristown, May 14th, 1780, 412 + + French fleet in the West Indies. + + To the President of Congress. Philadelphia, May + 16th, 1780, 412 + + 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. + + To George Washington. Philadelphia, May 21st, + 1780, 415 + + Operations of the approaching campaign. + + Report of a Committee of Congress on a Conference + with the French Minister. In Congress, + May 24th, 1780, 416 + + 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. + + George Washington to M. de la Luzerne. Morristown, + June 5th, 1780, 419 + + The French troops will be cordially received.--Desires to + maintain a correspondence with him. + + Report of a Committee of Congress respecting + Communications from the French Minister. In + Congress, June 5th, 1780, 420 + + Raising of supplies for the French troops.--Mode of paying + them. + + Report of a Committee of Congress respecting a + Conference with the French Minister. In Congress, + June 7th, 1780, 423 + + Raising of supplies for the French forces. + + To the President of Congress. Philadelphia, June + 18th, 1780, 425 + + Urging the completion of the American army.--Forces + necessary for an effective co-operation. + + To the President of Congress. Philadelphia, June + 28th, 1780, 427 + + Desiring permission for the supplying of the Spanish + forces with provisions. + + Congress to the Minister of France. In Congress, + July 7th, 1780, 428 + + Supplies for the Spanish forces. + + To the President of Congress. Philadelphia, July + 22d, 1780, 429 + + Arrival of part of the French forces destined to act in + America.--The other part separated for security. + + To the President of Congress. Philadelphia, July + 25th, 1780, 430 + + Requesting that the American vessels of war may join the + French squadron. + + Joseph Reed to M. de la Luzerne. In Council, + Philadelphia, July 25th, 1780, 431 + + The Hessian deserters are at liberty to enter the French + service, if desired. + + To the President of Congress. Philadelphia, July + 26th, 1780, 432 + + Desiring arrangements to be made for the subsistence of + the Hessian recruits. + + George Washington to M. de la Luzerne. Head + Quarters, July 27th, 1780, 433 + + Plan of a junction of the French fleets.--Rumored project + of an attack on the French forces by General Clinton. + + To George Washington. Philadelphia, July 30th, + 1780, 434 + + Relative to certain proposed naval operations. + + George Washington to M. de la Luzerne. Peekskill, + August 4th, 1780, 434 + + Project of junction of the two divisions of the French + forces. + + George Washington to M. de la Luzerne. Peekskill, + August 6th, 1780, 436 + + Relative to the employment of American frigates to aid in + the junction of the French forces. + + To the President of Congress. Philadelphia, August + 15th, 1780, 437 + + Readiness of the French government to co-operate with the + American forces against the common enemy. + + To the President of Congress. Philadelphia, August + 15th, 1780, 438 + + Case of a citizen of Bermuda. + + To the President of Congress. Philadelphia, September + 1st, 1780, 439 + + Improbable that certain bills of exchange drawn on Dr + Franklin will be accepted. + + George Washington to M. de la Luzerne. Head + Quarters, Bergen County, September 12th, + 1780, 440 + + Projected naval operations. + + To the President of Congress. Philadelphia, September + 15th, 1780, 441 + + Desires the publication of the treaty for the purpose of + settling difficulties arising as to the 11th and 12th + Articles. + + To the President of Congress. Philadelphia, September + 16th, 1780, 442 + + Announcing the appointment of M. de Marbois as _Chargé + d'Affaires_ during his absence. + + M. de Marbois to the President of Congress. Philadelphia, + October 8th, 1780, 443 + + Acknowledging the reception of certain resolutions of + Congress. + + M. de Marbois to the President of Congress. Philadelphia, + October 27th, 1780, 443 + + Requesting a convoy for store ships. + + To the President of Congress. Philadelphia, November + 1st, 1780, 444 + + Suggesting changes in the mode of authenticating ships' + papers. + + From Congress to the King of France, 445 + + Unprosperous state of things.--Retrospect of + events.--Praying for assistance in raising a loan. + + To George Washington. Philadelphia, December + 5th, 1780, 449 + + Expected arrival of clothing for the army.--Spanish + operations. + + George Washington to M. de la Luzerne. New + Windsor, December 14th, 1780, 451 + + Forwards his despatches for Rhode Island. + + To the President of Congress. Philadelphia, January + 15th, 1781, 452 + + American prizes carried into French ports will be judged + in the same manner as those of subjects. + + To the President of Congress. Philadelphia, February + 25th, 1781, 452 + + Arrival of a French squadron in the Chesapeake. + + To the President of Congress. Philadelphia, February + 28th, 1781, 453 + + Authorises Mr Morris to draw bills of exchange. + + To the President of Congress. Philadelphia, March + 2d, 1781, 454 + + The French squadron sails from the Chesapeake. + + M. Destouches to M. de la Luzerne. On Board + the Duc de Bourgogne, March 19th, 1781, 455 + + Engagement between a French and English squadron. + + To the President of Congress. Philadelphia, March + 24th, 1781, 457 + + Supplies granted by France.--Proposes Congress should + furnish the French forces with provisions, receiving in + payment bills on the Treasury of France. + + To George Washington. Philadelphia, March 27th, + 1781, 460 + + Failure of the expedition of M. Destouches. + + George Washington to M. de la Luzerne. Head + Quarters, New Windsor, March 31st, 1781, 461 + + Return of M. Destouches to Newport.--Good conduct of the + expedition. + + To George Washington. Philadelphia, May 7th, + 1781, 462 + + Forwarding proposals of an expedition to M. Destouches. + + To M. Destouches. Philadelphia, May 7th, 1781, 463 + + Dangerous situation of Virginia and Maryland.--Proposes an + expedition into the Chesapeake for their relief. + + To the President of Congress. Philadelphia, May + 9th, 1781, 465 + + Abuse of intercepted ships' papers by the + English.--Proposes the adoption of measures of prevention. + + To the President of Congress. Philadelphia, May + 22d, 1781, 466 + + Transmitting the King's letter. + + The King of France to Congress, 466 + + Granting further assistance. + + George Washington to M. de la Luzerne. Weathersfield, + May 23d, 1781, 467 + + Intended attack on New York.--Urges the presence of the + French West India fleet in the American seas. + + To the President of Congress. Philadelphia, May + 25th, 1781, 469 + + The expected reinforcements of the French forces have not + been despatched.--Pecuniary grant of the French + government. + + To the President of Congress. Philadelphia, May + 26th, 1781, 472 + + 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. + + Report of a Conference with the French Minister. + In Congress, May 28th, 1781, 475 + + 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. + + Congress to the King of France, 483 + + Returning thanks for supplies.--Their opinion as to the + mediation will be communicated through their Minister. + + To George Washington. Philadelphia, June 1st, + 1781, 484 + + Regrets the delay of the reinforcements from + France.--Promises to propose his plan of operations to the + Count de Grasse. + + George Washington to M. de la Luzerne. Head + Quarters, New Windsor, June 13th, 1781, 486 + + Desires that a body of land forces may accompany the Count + de Grasse's squadron. + + Report of a Conference with the French Minister. + In Congress, June 18th, 1781, 487 + + 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. + + To the President of Congress. Philadelphia, July + 1st, 1781, 493 + + Leaves M. de Marbois _Chargé d'Affaires_ during his visit + to the American army. + + M. de Marbois to the President of Congress. Philadelphia, + July 9th, 1781, 494 + + The French naval commander desires permission to recruit + his forces by the impressment of French seamen. + + M. de Marbois to the Secretary of Congress. Philadelphia, + July 11th, 1781, 495 + + On the appointment of Mr McKean to the Presidency. + + To the President of Congress. Philadelphia, July + 20th, 1781, 495 + + Desires to communicate despatches from his Court to + Congress. + + Report of Communications from the French Minister. + In Congress, July 23d, 1781, 496 + + 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. + + To the President of Congress. Philadelphia, July + 26th, 1781, 498 + + Communication of a draft of a convention relative to the + establishment of Consuls by France and America. + + To the President of Congress. Philadelphia, August + 23d, 1781, 499 + + Desires the recognition of the French Consul for New + England, regularly appointed. + + To the President of Congress. Philadelphia, September + 6th, 1781, 500 + + Desires the passing of acts authorising the French Consul + for New England to exercise his official functions. + + + + +THE + +CORRESPONDENCE + +OF + +GEN. LAFAYETTE; + +ON THE FOREIGN AFFAIRS OF THE UNITED STATES. + + +Although the services of GENERAL LAFAYETTE 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. + + + + +THE CORRESPONDENCE OF GENERAL LAFAYETTE. + + * * * * * + + RESOLVE OF CONGRESS RESPECTING GENERAL LAFAYETTE. + + In Congress, November 23d, 1781. + +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, + +_Resolved_, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +That the Superintendent of Finance furnish the Marquis de Lafayette +with a proper conveyance to France. + +That the Secretary of Foreign Affairs report a letter to his Most +Christian Majesty, to be sent by the Marquis de Lafayette.[1] + +FOOTNOTE: + +[1] Extract of a letter from Congress to the King of France, dated +November 29th, 1781. + + * * * * * + + TO ROBERT R. LIVINGSTON. + + Antony, near Paris, March 30th, 1782. + + Dear Sir, + +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. +"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." + +There is a great deal of confusion in England, which their late +resolutions clearly prove; many think the loss of the majority is a +_finesse_ of Lord North; but from later advices 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. + +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. + + LAFAYETTE. + +_P. S._ 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. + + * * * * * + + TO ROBERT R. LIVINGSTON. + + St Germain, June 25th, 1782. + + Dear Sir, + +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. + +Before the change of Ministry, the old Administration 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. + +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. + +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. + +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 +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. + +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. + +Such is the position in which they stand, and I am going to relate the +measures they have taken towards negotiation. + +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. + +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 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. + +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. + +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 _resolved_ at +once to acknowledge," &c., insisted to have the words _is disposed_ +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. + +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. + +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 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. + +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; + +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. + +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. + +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. + +America will no doubt exert herself, and send back 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. + +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. + +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. + +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 +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. + +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. + +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. + +_Paris, June 29th._ 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. + +With the greatest regard, &c. + + LAFAYETTE. + + * * * * * + + ROBERT R. LIVINGSTON TO M. DE LAFAYETTE. + + Philadelphia, September 18th, 1782. + +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. + +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. + +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, 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. + +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. + +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. + +I send you the papers for a month back; they contain all our public +news, and some particulars worthy your attention. + +I am, my Dear Sir, &c. + + ROBERT R. LIVINGSTON. + + * * * * * + + ROBERT R. LIVINGSTON TO M. DE LAFAYETTE. + + Philadelphia, November 2d, 1782. + + Dear Sir, + +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. + +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 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. + +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. + +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. + +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 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. + +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. + +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. + +I am, my Dear Sir, &c. + + ROBERT R. LIVINGSTON. + + * * * * * + + TO THE PRESIDENT OF THE CONGRESS. + + Brest, December 3d, 1782. + + Dear Sir, + +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. + +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. + +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. + +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. + +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. + +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 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. + +With a heart bound to America by every sentiment of a grateful, an +everlasting, and, I may add, a patriotic love, + +I have the honor to be, &c. + + LAFAYETTE. + + * * * * * + + ROBERT R. LIVINGSTON TO M. DE LAFAYETTE. + + Philadelphia, January 10th, 1783. + + Dear Sir, + +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 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. + +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. + +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. + +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. + +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. + +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. + +I have the honor to be, Dear Sir, with the sincerest esteem and +regard, &c. + + ROBERT R. LIVINGSTON. + + * * * * * + + TO WILLIAM CARMICHAEL, AT MADRID. + + Cadiz, January 20th, 1783. + + Dear Sir, + +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. + +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. + +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. + +To France you owe a great deal; to others you owe nothing. As a +Frenchman, whose heart is glowing with 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. + +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. + +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. + +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. + +With a high regard and sincere affection, &c. + + LAFAYETTE. + + * * * * * + + TO ROBERT R. LIVINGSTON. + + Cadiz, February 5th, 1783. + + Dear Sir, + +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 on political motives, they +would have consented to offer pecuniary assistance. + +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. + +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 +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. + +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. + +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 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. + +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. + +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. + +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 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. + +With the highest regard, I have the honor to be, &c. + + LAFAYETTE. + +_P. S._ I have just received a note from the French Ambassador at +Madrid, whereby I find that my letter had a good effect. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Cadiz, February 5th, 1783. + + Sir, + +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. + +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. + +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 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. + +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. + +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. + +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. + +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. + +With the highest respect I have the honor to be, &c. + + LAFAYETTE. + + * * * * * + + TO THE COUNT DE FLORIDA BLANCA. + + Translation. + + Madrid, February 19th, 1783. + + Sir, + +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. + +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 _Chargé d'Affaires_ is at this moment received as such, and +your Excellency is going to treat of the 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. + +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. + +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 +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. + +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. + + LAFAYETTE. + + * * * * * + + COUNT DE FLORIDA BLANCA TO M. DE LAFAYETTE. + + Translation. + + Pardo, February 22d, 1783. + + Sir, + +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. + +I have the honor to be, &c. + + COUNT DE FLORIDA BLANCA. + + * * * * * + + TO THE COUNT DE FLORIDA BLANCA. + + Translation. + + Madrid, February 22d, 1783. + +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. + + LAFAYETTE. + + * * * * * + + TO ROBERT R. LIVINGSTON. + + Bordeaux, March 2d, 1783. + + Dear Sir, + +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. + +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 +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. + +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.[2] + +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 Florida Blanca in our +favor, he threw in all the weight of the influence of France. + +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. + +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. + +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. + +The reading of my letter, a copy of which I enclose, will better +inform you of the points that have been either 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. + +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 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. + +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. + +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. + +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. + +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. + +I have the honor to be, with the most affectionate regard, &c. + + LAFAYETTE. + +FOOTNOTE: + +[2] The Court was then at Pardo. + + * * * * * + + ROBERT R. LIVINGSTON TO M. DE LAFAYETTE. + + Philadelphia, May 1st, 1783. + + Dear Sir, + +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. + +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. + +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 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. + +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, + +And have the honor to be, &c. + + ROBERT R. LIVINGSTON. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Chavaniac, in the Province of} + Auvergne, July 20th, 1783. } + + Sir, + +Having been for some days in the country, where I am waiting for the +arrival of the 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. + +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 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. + +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. + +With the highest respect, I have the honor to be, &c. + + LAFAYETTE. + +_P. S._ 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 my ardent desire to return to the +beloved shores of America. + + LAFAYETTE. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Nantes, September 7th, 1783. + + Sir, + +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. + +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 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. + +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. + +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, 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. + +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 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. + +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. + +With every sentiment of an affectionate regard, I have the honor to +be, &c. + + LAFAYETTE. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Paris, December 26th, 1783. + + Sir, + +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 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. + +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. + +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. + +With the utmost regard, and affectionate attachment, I have the honor +to be, &c. + + LAFAYETTE. + + * * * * * + + TO JOHN JAY, SECRETARY OF FOREIGN AFFAIRS. + + Mount Vernon, November 25th, 1784. + + Dear Sir, + +Although I hope in a few days to have the pleasure of seeing you, I +must beg leave to mention a matter, which 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. + +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. + +I have the honor to be, &c. + + LAFAYETTE. + + * * * * * + + TO JOHN JAY. + + Versailles, February 8th, 1785. + + Dear Sir, + +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. + +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 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. + +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. + +I beg, my Dear Sir, you will forgive the hurry in which I write. Be +pleased to remember me to all our friends. + +I have the honor to be, &c. + + LAFAYETTE. + + * * * * * + + TO JOHN JAY. + + Paris, March 19th, 1785. + + Dear Sir, + +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. + +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 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. + +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. + +Your Ministers will, probably, write to you respecting the Algerine +business. What information I can collect will be presented to them. + +I have the honor to be, &c. + + LAFAYETTE. + + * * * * * + + TO JOHN JAY. + + Paris, May 11th, 1785. + + Dear Sir, + +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. + +The appearances of a war are more and more remote. Politicians do, +however, look towards the Ottoman Empire. 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. + +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. + +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 manoeuvres +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. + +With the most sincere regard and affection, I have the honor to be, +&c. + + LAFAYETTE. + + * * * * * + + TO JOHN JAY. + + Vienna, September 6th, 1785. + + Dear Sir, + +The enclosed is a Memorial in behalf of M. d'Argaynarats, which has +been recommended to me by persons of the 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. + +With the highest and most affectionate regard, I have the honor to be, +&c. + + LAFAYETTE. + + * * * * * + + TO JOHN JAY. + + Paris, February 11th, 1786. + + Dear Sir, + +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. + +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. 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. + +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 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. + +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, 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. + +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. + +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. + +I have the honor to be, &c. + + LAFAYETTE. + + * * * * * + + TO JOHN JAY. + + Paris, October 28th, 1786. + + Dear Sir, + +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.[3] + +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. + +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 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. + +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. + +I have the honor to be, &c. + + LAFAYETTE. + +_P. S._ 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 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. + +FOOTNOTE: + +[3] See these letters to and from Count de Florida Blanca, above, pp. +30, 32. + + * * * * * + + TO JOHN JAY. + + Paris, February 7th, 1787. + + Dear Sir, + +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. + +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. + +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 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. + +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. + +With the most sincere regard and attachment, I have the honor to be, +&c. + + LAFAYETTE. + + * * * * * + + TO JOHN JAY. + + Paris, May 3d, 1787. + + My Dear Sir, + +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, +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. + +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 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. + +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. + +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. + +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. + +Please send the enclosed printed speeches, and copied resolves of the +Bureau, to Mr Otho, who must be very desirous of getting them. + +Most respectfully and affectionately yours, + + LAFAYETTE. + + * * * * * + + TO JOHN JAY. + + Paris, October 15th, 1787. + + Sir, + +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. + +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 and long experienced confidence, +every encouragement to offer my opinion. + +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? + +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. + +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 to believe she would not hurry +her into a war, and will be satisfied with such a friendly, helping +neutrality. + +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[4] 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. + +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. + +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. + +The next month is the appointed time for the sessions of all +Provincial Assemblies, an establishment, which will be productive of +the best consequences. + +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; but to the gratitude so +well grounded, and the zeal, which shall ever rank me among the most +devoted servants of the United States. + +With every sentiment of personal attachment and regard, I have the +honor to be, &c. + + LAFAYETTE. + +FOOTNOTE: + +[4] It must be remembered, that in these letters General Lafayette +always speaks of himself as an American. + + + + +THE + +CORRESPONDENCE + +OF THE + +COMMISSIONERS + +FOR NEGOTIATING A PEACE WITH GREAT BRITAIN. + + +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. + +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 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. + +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. + +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. + + + + +THE + +CORRESPONDENCE + +OF THE + +COMMISSIONERS + +FOR NEGOTIATING A PEACE WITH GREAT BRITAIN. + + * * * * * + + COMMISSION TO TREAT OF PEACE. + +The United States of America, in Congress assembled, to all to whom +these presents shall come, send greeting. + +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 have since that time been extended, and +other nations and States are involved therein, + +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, 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 be +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. + +In witness whereof, we have caused these presents to be signed by our +President, and sealed with his seal. + +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. + + SAMUEL HUNTINGTON, _President_. + + * * * * * + + COMMISSION TO ACCEPT THE MEDIATION OF THE EMPRESS + OF RUSSIA AND THE EMPEROR OF GERMANY. + +The United States of America to all to whom these presents shall come, +send Greeting. + +Whereas his Most Christian Majesty, our great and 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. + +In testimony whereof, we have caused these presents to be signed by +our President, and sealed with his seal. + +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. + +By the United States in Congress assembled. + + SAMUEL HUNTINGTON, _President_. + + * * * * * + + INSTRUCTIONS TO THE COMMISSIONERS FOR PEACE. + + In Congress, June 15th, 1781. + + 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. + + Gentlemen, + +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. + +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. + +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,[5] from which you will easily perceive the +desires and expectations of Congress. But we think it unsafe, at this +distance, to 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. + +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. + + SAMUEL HUNTINGTON, _President_. + +FOOTNOTE: + +[5] See these instructions in _John Adams's Correspondence_, Vol. IV +p. 339; and _Secret Journal_, Vol. II. p. 339. + + * * * * * + + THE KING'S WARRANT FOR RICHARD OSWALD'S FIRST COMMISSION FOR + NEGOTIATING PEACE.[6] + + George R. + +Our will and pleasure is, and we hereby authorise and command you +forthwith to prepare a bill for our signature, to pass our great seal +of Great Britain, in the words or to the effect following, viz; + +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. + +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 hereby +authorise, empower, and require you, the said Richard Oswald, to +treat, consult, and conclude with any Commissioner or _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_; any law, act or acts of Parliament, matter or +thing, to the contrary notwithstanding. + +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 _Commissioner or Commissioners, +body or bodies, corporate or politic, assembly or assemblies, +descriptions of men, person or persons as aforesaid_, 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 _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 or +Commissioners, &c. as aforesaid so agreeing_, and such instruments so +authenticated shall be by you transmitted to us through one of our +principal Secretaries of State. + +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. + +Given at our Court of St James, the twentyfifth day of July, one +thousand seven hundred and eightytwo.[7] In the twentysecond year of +our reign. By his Majesty's command. + + THOMAS TOWNSHEND. + + To our Attorney or Solicitor-General. + +FOOTNOTEs: + +[6] The parts of this Commission, which were objected to by the +American Commissioners are printed in italics. + +[7] This commission was signed by the King on the 7th of August. + + * * * * * + + RICHARD OSWALD'S SECOND COMMISSION FOR NEGOTIATING PEACE.[8] + +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 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. + +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 _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_; any law, act, or acts of Parliament, matter or thing +to the contrary, in anywise, notwithstanding. + +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 _Commissioners or persons as +aforesaid_, 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 by +the hands and seals of such Commissioners or persons on the other_, +and such instrument so authenticated shall be by you transmitted to +us, through one of our principal Secretaries of State. + +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. + +_And whereas in and by our commission and letters patent 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._ +In witness whereof we have caused these our letters to be made patent. + +Witness ourself at Westminster, the twentyfirst day of September, in +the twentysecond year of our reign. By the King himself. + + YORKE. + +_Paris, October 1st, 1782._ 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. + + RICHARD OSWALD, + _The Commissioner therein named_. + +FOOTNOTE: + +[8] 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. + + * * * * * + + COMMISSION TO WILLIAM T. FRANKLIN. + +To all to whom these Presents shall come, Benjamin Franklin and John +Jay send Greeting. + +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, 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 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; + +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. + +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. + + B. FRANKLIN, + JOHN JAY. + +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. + + HENRY LAURENS. + +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. + + JOHN ADAMS. + + * * * * * + + RESOLUTIONS OF CONGRESS. + + In Congress, October 3d, 1782. + +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;[9] + +_Resolved_, That the Minister Plenipotentiary of his Most Christian +Majesty be informed; + +That the communication, made by the said Minister on the 24th of +September last, is considered by Congress as an additional proof of +his Majesty's magnanimity, and has confirmed those sentiments of +affection and confidence, which his wise, steady, and liberal conduct +in every stage of the war had so justly inspired; + +That his Most Christian Majesty's declaration to the British Minister +at Paris, that he will neither treat, nor terminate any negotiation, +unless the interests of his 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; + +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; + +That they will hearken to no propositions for peace, which shall not +be discussed in confidence and in concert with his Most Christian +Majesty, agreeably to the declaration made to the Minister +Plenipotentiary on the 31st day of May last;[10] + +That upon this principle, Congress did not hesitate a moment to reject +the proposition made by the British General and Admiral, as +Commissioners of peace, for admitting Mr Morgan, their Secretary, to +an interview at Philadelphia; + +And that they are resolved to prosecute the war with vigor, until a +general peace shall be obtained, in which their allies shall be +comprehended; + +That Congress 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; + +That Congress trust that the circumstances of the allies, at the +negotiation for peace, will be so prosperous as to render these +expectations consistent with the spirit of moderation recommended by +his Majesty. + +Ordered, That the Committee, who brought in the report, communicate to +the honorable Minister of France the above answer of Congress to his +communications. + +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. + +FOOTNOTES: + +[9] See these Notes of a Conference in the _Secret Journals of +Congress_, Vol. III. p. 218. + +[10] _Secret Journal_, Vol. III. p. 138. + + * * * * * + + ARTICLES AGREED ON BETWEEN THE AMERICAN AND + BRITISH COMMISSIONERS.[11] + + October 8th, 1782. + +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. + +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 not to desert their ally, but +faithfully, and in all things to abide by, and fulfil their +engagements with his Most Christian Majesty. + +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. + +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 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. + +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 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. + +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. + +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 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. + +_Paris, October 8th, 1782._ A true copy of which has been agreed on +between the American Commissioners and me, to be submitted to his +Majesty's consideration. + + RICHARD OSWALD. + +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. + +FOOTNOTE: + +[11] These Articles were sent to England for the King's consideration. +See _Franklin's Correspondence_, Vol. IV. p. 49. + + * * * * * + + RICHARD OSWALD TO THE COMMISSIONERS. + + Paris, November 4th, 1782. + + Gentlemen, + +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 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. + +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. + +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. + +I have the honor to be, &c. + + RICHARD OSWALD. + + * * * * * + + ARTICLES TAKEN TO ENGLAND BY MR STRACHEY.[12] + + November 5, 1782. + +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. + +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. + +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. + +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 +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. + +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. + +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 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. + +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 _bona fide_ 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, without doubt, will be disposed to do what may be just +and reasonable on the subject. + +Similar reasons and considerations constrain the Commissioners to +give the like answer to the case of Mr Penn's family. + +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.) + +That the navigation of the river Mississippi from its source to the +ocean, shall forever remain free and open. + +SEPARATE ARTICLE. 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. + +FOOTNOTE: + +[12] These Articles were agreed to after the return of the first set, +which had been sent to England October 8th. See above p. 80. + + * * * * * + + H. STRACHEY TO THE COMMISSIONERS. + + Paris, November 5th, 1782. + + Gentlemen, + +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 +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. + +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. + +I have the honor to be, &c. + + H. STRACHEY. + + * * * * * + + TO RICHARD OSWALD. + + Paris, November 5th, 1782. + + Sir, + +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 +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. + +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. + +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. + +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, + + JOHN ADAMS, + B. FRANKLIN, + JOHN JAY. + + * * * * * + + TO H. STRACHEY. + + Paris, November 6th, 1782. + + Sir, + +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. + +We have the honor to be, &c. + + JOHN ADAMS, + B. FRANKLIN, + JOHN JAY. + + * * * * * + + _Third Set of Articles._ + +_Monday, November 25th, 1782._ The three Commissioners, Adams, +Franklin, and Jay, met at Mr Oswald's lodgings at the _Hôtel de +Muscovie_, and after some conferences Mr Oswald delivered them the +following Articles, as fresh proposals of the British Ministry, sent +by Mr Strachey, viz; + +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 +peace shall be agreed upon between Great Britain and France, and his +Britannic Majesty shall be ready to conclude such treaty accordingly. + +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. + +ARTICLE I. 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; + +ARTICLE II. 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 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 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. + +ARTICLE III. The citizens of the said United States shall have _the +liberty_ 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. + +ARTICLE IV. 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 _bona fide_ debts as were contracted by any persons +who are citizens of the United States, before the year 1775. + +ARTICLE V. It is agreed, that restitution shall be made of all +estates, rights and properties in America, which have been confiscated +during the war. + +ARTICLE VI. 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. + +ARTICLE VII. 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 his officers, to be forthwith +restored and delivered to the proper States and persons to whom they +belong. + +ARTICLE VIII. 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. + +SEPARATE ARTICLE. 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. + + * * * * * + + ARTICLE PROPOSED AND READ TO THE COMMISSIONERS, BEFORE + SIGNING THE PRELIMINARY ARTICLES.[13] + +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 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. + +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. + + FACTS. + +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. + +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. + +Britain now demands that the debts shall, nevertheless, be paid. + +Will she, can she, justly, refuse making compensation for such +seizures? + +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? + +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? + +FOOTNOTE: + +[13] This _Article_, and the _Facts_ 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 _Franklin's Correspondence_, Vol. IV. p. 50. + + * * * * * + + TO M. DE LAFAYETTE, + + Paris, November 28th, 1782. + + Sir, + +We have received the letter you did us the honor to write on the 25th +instant. + +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 +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. + +We have the honor to be, &c. &c. + + JOHN ADAMS, + B. FRANKLIN, + JOHN JAY. + + * * * * * + + PROVISIONAL ARTICLES OF PEACE. + +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. + +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. + +ARTICLE I. 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. + +ARTICLE II. 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, 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 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. + +ARTICLE III. 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. + +ARTICLE IV. 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 _bona fide_ debts, heretofore contracted. + +ARTICLE V. 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, 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 _bona fide_ 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. + +ARTICLE VI. 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, 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. + +ARTICLE VII. 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. + +ARTICLE VIII. 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. + +ARTICLE IX. 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. + +Done at Paris, the thirtieth day of November, in the year one thousand +seven hundred and eightytwo. + + RICHARD OSWALD, + JOHN ADAMS, + B. FRANKLIN, + JOHN JAY, + HENRY LAURENS. + + Witness, CALEB WHITEFOORD, + _Secretary to the British Commission_. + + W. T. FRANKLIN, + _Secretary to the American Commission_. + +SEPARATE ARTICLE. 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. + +Done at Paris, the thirtieth day of November, in the year one thousand +seven hundred and eightytwo. + + RICHARD OSWALD, + JOHN ADAMS, + B. FRANKLIN, + JOHN JAY, + HENRY LAURENS. + + Attest, CALEB WHITEFOORD, + _Secretary to the British Commission_. + + W. T. FRANKLIN, + _Secretary to the American Commission_. + + * * * * * + + TO FRANCIS DANA AT PETERSBURG. + + Paris, December 12th, 1782. + + Sir, + +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. + +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. + +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. + +With great respect, we have the honor to be, &c. + + JOHN ADAMS, + B. FRANKLIN, + JOHN JAY. + + * * * * * + + TO ROBERT R. LIVINGSTON. + + Paris, December 14th, 1782. + + Sir, + +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. + + + _Remarks on Article 2d, relative to Boundaries._ + +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. + +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. + + + _Remarks on Article 4th, respecting Creditors._ + +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. + +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 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. + + + _Remarks on Articles 5th and 6th, respecting Refugees._ + +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. + +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, 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. + +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 _Separate +Article_. 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. + +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. + +With great respect we have the honor to be, Sir, your most obedient +and most humble servants, + + JOHN ADAMS, + B. FRANKLIN, + JOHN JAY, + HENRY LAURENS. + + * * * * * + + RESOLUTION OF CONGRESS RESPECTING COMMERCIAL STIPULATIONS. + + In Congress, December 31st, 1782. + +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, + +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. + + * * * * * + + ENGLISH COMMISSIONERS DECLARATION OF THE CESSATION OF HOSTILITIES. + + Paris, January 20th, 1783. + + DECLARATION. + +Whereas the Preliminary Articles agreed to, and signed this day, +between his Majesty, the King of Great Britain, 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. + +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. + + ALLEYNE FITZHERBERT. + + * * * * * + + _Signature of the above Declaration by the American + Commissioners._ + +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.] + +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. + +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. + + JOHN ADAMS, + B. FRANKLIN. + + * * * * * + + BRITISH KING'S PROCLAMATION DECLARING A CESSATION OF ARMS. + + By the King. + + 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 + + George R. + +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; + +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 +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; + +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; + +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 the respective +times above mentioned, and under the penalty of incurring our highest +displeasure. + +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. + +God save the King. + + * * * * * + + ALLEYNE FITZHERBERT TO THE COMMISSIONERS. + + Paris, February 18th, 1783. + + Gentlemen, + +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. + +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. + +I have the honor to be, &c. + + ALLEYNE FITZHERBERT. + + * * * * * + + AMERICAN COMMISSIONERS' DECLARATION OF THE CESSATION OF + HOSTILITIES. + + By the Ministers Plenipotentiary of the United States of America + for making peace with Great Britain, + + A DECLARATION + +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. + +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 of the United Provinces, and the United +States of America, as follows, that is to say; + +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; + +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; + +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 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. + +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. + + JOHN ADAMS, + B. FRANKLIN, + JOHN JAY. + + * * * * * + + ROBERT R. LIVINGSTON TO THE COMMISSIONERS. + + Philadelphia, March 25th, 1783. + + Gentlemen, + +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. + +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 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 _real British subjects_? +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. + +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 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. + +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. + +I intended to have submitted this letter to Congress, but 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. + +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. + +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 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. + +I have the honor to be, Gentlemen, + + ROBERT R. LIVINGSTON. + + * * * * * + + PROCLAMATION OF CONGRESS DECLARING A CESSATION OF ARMS. + + By the United States of America in Congress assembled. + + A PROCLAMATION, + +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. + +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; + +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; + +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; + +And whereas the Ministers Plenipotentiary of these United States, did, +on the 20th day of January, in the 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; + +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; + +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; + +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. + +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, to the end that the same may be duly +observed within their several jurisdictions. + +Given under the seal of the United States. Witness, his Excellency +ELIAS BOUDINOT, 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. + + * * * * * + + ROBERT R. LIVINGSTON TO THE COMMISSIONERS. + + Philadelphia, April 21st, 1783. + + Gentlemen, + +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, (_no part_ +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. + +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. 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, 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. + +The sixth Article is not so precisely expressed as to point out to +what time the word _future_ 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 +_now_, and the time of the ratification in America. + +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. + +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 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 _as far as the Canaries_, 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. + +I have the honor to be, &c. + + ROBERT R. LIVINGSTON. + + * * * * * + + MR GRAND TO THE COMMISSIONERS. + + Paris, May 10th, 1783. + + Gentlemen, + +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. + +Last month, I remitted to the honorable Robert Morris, the state of +his account; the balance of which was 413,892 livres _13c. 9s._ 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 _Garde du Trésor Royal_. + +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 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. + +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. + +I crave your Excellencies will honor me with a quick answer; +meantime, I remain &c. + + GRAND. + + * * * + + _State of the Finances of Congress at Paris, on the 10th + of May_, 1783. + + Balance due to me on the last account, Livres 413,892 13 9 + + Sums paid by his Excellency Benjamin + Franklin's orders, 172,001 5 1 + + The honorable Robert Morris's drafts to + be paid, 1,872,871 1 10 + + His fresh drafts from January 24th, at + 60 days sight, of which I have already + accepted 54,000 livres, 804,371 8 + --------------- + 3,263,136 8 8 + + + Interest on the Dutch Loan, 400,000} + Sabatier & Desprez' claim } + for articles to the Marquis } + de Lafayette, 134,000} + ------- + 534,000 + --------------- + + Livres 3,797,136 8 8 + + * * * * * + + M. DE LAFAYETTE TO THE COMMISSIONERS. + + Paris, May 12th, 1783. + + Gentlemen, + +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. + +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. + +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. + +Be pleased to accept the assurances of my great and affectionate +respect. + + LAFAYETTE. + + * * * * * + + DAVID HARTLEY'S COMMISSION. + + George R. + +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. + +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. + +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, 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. + +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. + +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. + +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. + + D. HARTLEY. + + * * * * * + + AN ORDER OF THE BRITISH COUNCIL. + +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. + + At the Court of St James, May 14th, 1783. + +Present. The King's Most Excellent Majesty in Council. + +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 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 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.[14] + + WILLIAM FAWKNER. + +FOOTNOTE: + +[14] See the following Papers in _Henry Laurens's Correspondence_, +Vol. II. pp. 499-502, viz. + +1. Articles proposed to the American Commissioners by Mr Hartley. + +2. Mr Hartley's proposed Article of Agreement, delivered by him to the +American Commissioners for their consideration, May 21st, 1783. + +3. Observations and propositions of Mr Hartley, left with the American +Ministers, May 21st, 1783. + +Also in _Franklin's Correspondence_, Vol. IV. pp. 78, 80, 92, and the +following, viz. + +1. Conciliatory Propositions. + +2. Sketch of a Provisional Treaty of Commerce. + +3. Supplemental Treaty. + + * * * * * + + COUNT DE VERGENNES' PROPOSED NEW ARTICLES. + + [Delivered to Dr Franklin on the 20th of May, 1783.] + + Translation. + +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 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. + +ARTICLE I. 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. + +ARTICLE II. 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. + + * * * * * + + TO MR GRAND. + + Paris, May 22d, 1783. + + Sir, + +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. + +We see the difficulties you are in, and are sorry to say that it is +not in our power to afford you any relief. + +We have the honor to be, Sir, &c. + + JOHN ADAMS, + B. FRANKLIN, + JOHN JAY. + + * * * * * + + ROBERT R. LIVINGSTON TO THE COMMISSIONERS. + + Philadelphia, May 28th, 1783. + + Gentlemen, + +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 subject, and inform Congress of the effects of +your representations. + +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. + +I have the honor to be, &c. + + ROBERT R. LIVINGSTON. + + * * * * * + + ROBERT R. LIVINGSTON TO THE COMMISSIONERS. + + Philadelphia, May 31st, 1783. + + Gentlemen, + +Congress yesterday passed the enclosed resolutions on the subject of +the payment of British debts. The language they speak requires no +comment. + +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 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. + +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 +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. + +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. + +I have the honor to be, &c. + + ROBERT R. LIVINGSTON. + + * * * * * + + JOHN ADAMS'S PROPOSED AGREEMENT. + + June, 1783. + + ARTICLES + +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, + +_In addition_ 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; + +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; + +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. + +2dly. For the purpose of a temporary regulation of such intercourse +and commerce, it is agreed, + +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 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. + +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. + + * * * * * + + JOHN JAY'S PROPOSED AGREEMENT. + + June, 1783. + +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, + +It is agreed that for the term of ---- from the date hereof, &c. &c. + +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. + +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. + +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. + + * * * * * + + DAVID HARTLEY'S PROPOSED AGREEMENT. + + June, 1783. + +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 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. + +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. + + * * * * * + + REPORT OF A COMMITTEE OF CONGRESS. + +By the United States in Congress assembled, June 12th, 1783. + +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; + +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 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. + +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, 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. + +Whereupon Congress came to the following resolution. + +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; + +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 the rights of neutral nations, to avoid +accompanying them by any engagements which shall oblige the +contracting parties to support those stipulations by arms. + + ELIAS BOUDINOT, _President_. + + * * * * * + + DAVID HARTLEY TO THE COMMISSIONERS. + + Paris, June 14th, 1783. + + Gentlemen, + +Permit me to address the enclosed Memorial to your Excellencies, and +to explain to you my reasons for so doing. + +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 _may_ have +political connexions with any of these distant nations, but with +regard to Great Britain it _must_ 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. + +Let every eventual principle be kept untouched, until 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. + +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 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, (_nem. con._) 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. + +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 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. + +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. + +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 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 _commerce_ 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 _navigation_, 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 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. + +I have made use above of the word _prejudices_ 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 _prejudices_. 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 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. + +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 assurance, that you will meet +those advances with cordial reciprocity. + +I have the honor to be, &c. + + D. HARTLEY. + + * * * * * + + DAVID HARTLEY'S MEMORIAL TO THE COMMISSIONERS. + +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. + +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 +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. + +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 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. + +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 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. + +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. + +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. + +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, 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 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. + +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 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. + +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 dispassionate inquiry, can +alone decide these important events, or do justice to the anxious +expectations of Great Britain and America. + + * * * * * + + THE PRESIDENT OF CONGRESS TO THE COMMISSIONERS. + + Philadelphia, June 16th, 1783. + + Gentlemen, + +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. + +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. + +I have the honor to be, &c. + + ELIAS BOUDINOT, _President_. + + * * * * * + + HENRY LAURENS TO THE COMMISSIONERS. + + London, June 17th, 1783. + + Gentlemen, + +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. + +"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. + +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. + +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 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. + +I am, with great regard and respect, &c. + + HENRY LAURENS. + + * * * * * + + THE PRESIDENT OF CONGRESS TO B. FRANKLIN. + + Philadelphia, June 18th, 1783. + + Sir, + +I have the honor of enclosing you an official letter, directed to our +Ministers Plenipotentiary at Paris. + +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. + +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. + +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 a +letter from Mr Laurens, though our anxiety and expectations have been +wound up to the highest pitch. + +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. + +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. + +I have the honor to be, &c. + + ELIAS BOUDINOT. + + * * * * * + + HENRY LAURENS TO THE COMMISSIONERS. + + London, June 20th, 1783. + + Gentlemen, + +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. + +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. + +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. + +With sincere regard and respect, + + HENRY LAURENS. + + * * * * * + + TO THE COUNT DE VERGENNES. + + Passy, June 28th, 1783. + + Sir, + +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.[15] + +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. + +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. + +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. + +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 +him to sign, that they might have them ready to deliver, as demanded, +his return thither being delayed. + +This loan will, therefore, probably answer the bills Mr Morris has +drawn on those bankers. + +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. + +The government of the Congress would also be enfeebled by it. + +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. + +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. + +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. + +We are, with sincere and great respect, &c. + + B. FRANKLIN, + JOHN JAY. + +FOOTNOTE: + +[15] See Mr Grand's letter above, p. 139. + + * * * * * + + PROPOSITIONS MADE BY THE COMMISSIONERS TO DAVID HARTLEY + FOR THE DEFINITIVE TREATY. + +ARTICLE I. To omit in the definitive treaty the exception, at the end +of the second Article of the 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." + +ARTICLE II. 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 _bona +fide_, 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. + +ARTICLE III. 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. + +ARTICLE IV. If war should hereafter arise between Great Britain and +the United States, which God forbid, 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. + +ARTICLE V. 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 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. + +ARTICLE VI. 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 _ab intestato_, 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. + +ARTICLE VII. 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. + +ARTICLE VIII. 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? + + * * * * * + + DAVID HARTLEY'S SIX PROPOSITIONS FOR A DEFINITIVE TREATY. + + June, 1783. + +1st. That lands belonging to persons of any description, which have +not actually been sold, shall be restored to the old possessors +without price. + +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. + +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. + +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 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. + +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. + +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. + + * * * * * + + THE COMMISSIONERS' ANSWERS TO MR HARTLEY'S SIX PROPOSITIONS. + +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. + +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, 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. + +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. + +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. + +5thly. The consideration of this proposition may be left to the treaty +of commerce. + + * * * * * + + TO DAVID HARTLEY. + + Passy, July 17th, 1783. + + Sir, + +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. + +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. + +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 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. + +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. + +We do ourselves the honor of making these communications to you, Sir, +that you may transmit them, and the papers accompanying them, to your +Court, and inform us of their answer. + +We have the honor to be, &c. &c. + + JOHN ADAMS, + B. FRANKLIN, + JOHN JAY. + + * * * * * + + TO ROBERT R. LIVINGSTON. + + Passy, July 18th, 1783. + + Sir, + +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. + +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. + +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. + +Mr Oswald was desirous to cover as much of the eastern shores of the +Mississippi with British claims 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. + +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 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 _quid pro quo_. + +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. + +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. + +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. + +We perfectly concur with you in sentiment, Sir, that "_honesty is the +best policy_." 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. + +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 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. + +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. + +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. + +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. + +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. + +The words for returning the property of _real British subjects_ were +well understood and explained between us, _not_ to mean or comprehend +_American refugees_. 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. + +The 6th Article, viz. where it declares, that no _future +confiscations_ 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. + +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 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. + +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. + +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. + +We have the honor to be, &c. + + JOHN ADAMS, + B. FRANKLIN, + JOHN JAY. + + * * * * * + + + TO ROBERT R. LIVINGSTON. + + Paris, July 27th, 1783. + + Sir, + +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 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. + +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. + +With great esteem, we have the honor to be, &c. + + B. FRANKLIN, + JOHN JAY. + + * * * * * + + PROJECT FOR A DEFINITIVE TREATY OF PEACE. + + _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._ + +Be it known to all those, to whom it shall or may in any manner +belong. + +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. + +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 71.] + +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 80.] + +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 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. + +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.] + +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. 121, 123.] + +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.] + +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 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. + +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. + + ARTICLE I. + +The same as Article 1st of the preliminary treaty, but finishing at +"every part thereof." + + ARTICLE II. + +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." + + ARTICLE III. + +The same as Article 3d of the preliminary treaty. + + ARTICLE IV. + +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 +_bona fide_ debts heretofore contracted, 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. + + ARTICLE V. + +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. + +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. + + ARTICLE VI. + +The same as Article 6th of the preliminary treaty. + + ARTICLE VII. + +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. + + ARTICLE VIII. + +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. + + ARTICLE IX. + +The prisoners made respectively by the arms of his Britannic Majesty +and the United States, by land and by sea, not already set at +liberty, shall be restored reciprocally and _bona fide_, 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. + + ARTICLE X. + +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. + + ARTICLE XI. + +If war should hereafter arise between Great Britain and the United +States, which God forbid, 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 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. + + ARTICLE XII. + +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 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. + + ARTICLE XIII. + +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, _ab intestato_, without being obliged to +obtain letters of naturalization. + +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. + + ARTICLE XIV. + +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. + + ARTICLE XV. + +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. + + ARTICLE XVI. + +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 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. + + + ARTICLE XVII. + +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. + + ARTICLE XVIII. + +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. + + ARTICLE XIX. + +It is agreed that all vessels, which shall have been 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. + +His said Britannic Majesty and the said United States promise to +observe sincerely and _bona fide_, 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. + +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. + +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. + + Done at ---- the ---- day of + ---- 1783. + + RATIFICATION OF THE PROVISIONAL ARTICLES BY GREAT BRITAIN. + + George R. + +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. + +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 109 to 115.] + +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 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. + +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. + + GEORGE R. + + * * * + + _An Act of the British Parliament, repealing certain Acts + prohibiting Intercourse with the United States._ + +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. + +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, +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. + +Anno vicesimo tertio Georgii III, Regis; cap. 26. + + * * * * * + + DAVID HARTLEY TO THE COMMISSIONERS. + + Paris, August, 29th, 1783. + + Gentlemen, + +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 _Hôtel de York_. + +I am, Gentlemen, with the greatest respect, yours, &c. + + DAVID HARTLEY. + + * * * * * + + TO DAVID HARTLEY. + + Passy, August 30th, 1783. + +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. + + * * * * * + + DAVID HARTLEY TO THE COMMISSIONERS. + + Paris, September 4th, 1783. + + Gentlemen, + +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. + +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 cause for +the reunion of all our ancient affections and common interests.[16] + +I am, Gentlemen, &c. + + DAVID HARTLEY. + +FOOTNOTE: + +[16] As the definitive treaty was an exact copy of the Provisional +Articles (see above, p. 109) it is here omitted. + + * * * * * + + B. FRANKLIN TO CHARLES FOX. + + Passy, September 5th, 1783. + + Sir, + +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. + +With great and sincere esteem and respect, I have the honor to be, &c. + + B. FRANKLIN. + + * * * * * + + TO DAVID HARTLEY. + + Passy, September 5th, 1783. + + Sir, + +We have received the letter you did us the honor to write yesterday. + +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. + +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. + +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. + +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, and lead them to every proper +measure for promoting a liberal and satisfactory intercourse between +the two countries. + +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. + +We have the honor to be, &c. + + JOHN ADAMS, + B. FRANKLIN, + JOHN JAY. + + * * * * * + + TO DAVID HARTLEY. + + Passy, September 7th, 1783. + + Sir, + +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. + +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.[17] + +We have the honor to be, &c. + + JOHN ADAMS, + B. FRANKLIN, + JOHN JAY. + +FOOTNOTE: + +[17] _In Congress, May 1st, 1783._ On the report of a committee to +whom was referred a letter of February 5th, from the honorable John +Adams, + +"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. + +"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." + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Passy, September 10th, 1783. + + Sir, + +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. + +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. + +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 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. + +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. + +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.[18] + +He approved of it greatly, and recommended it to his Court, but they +declined assenting to it. + +Mr Hartley then made us the proposition No. 2;[19] 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. + +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 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. + +Mr Hartley then made us the propositions No. 3.[20] 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. + +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. + +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. + +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 Court the +project or draft of a treaty, No. 4.[21] 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. + +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. + +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. + +The day after the signature of the treaty, Mr Hartley wrote us a +congratulatory letter, to which we replied. + +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 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 Congress; nor did we even think or pretend, that we had +authority to adopt any such measures. + +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. + +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. + +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. + +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 +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. + +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. + +Count de Vergennes communicated to us a proposition, viz. herewith +enclosed,[22] 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. + +With great respect, we have the honor to be, Sir, your Excellency's +most obedient and most humble servants, + + JOHN ADAMS, + B. FRANKLIN, + JOHN JAY. + +FOOTNOTES: + +[18] See Mr Adams's proposed agreement, above, p. 151. + +[19] See Mr Hartley's proposed agreement, p. 154. + +[20] Above, p. 182. + +[21] See above, p. 195. + +[22] See above, p. 146. + + * * * * * + + FROM CONGRESS TO THE COMMISSIONERS. + + October 29th, 1783. + +By the United States in Congress assembled. + + 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; + +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. + +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 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. + +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. + +4thly. You are further instructed, to inquire and report 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. + +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. + +6thly. The Ministers of these States for negotiating a 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. + +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." + +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. + +9thly. Mr Jay has leave to go to Bath, should he find it necessary for +the benefit of his health. + + * * * * * + + RATIFICATION OF THE DEFINITIVE TREATY BY CONGRESS. + +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. + +In testimony whereof, we have caused the seal of the United States to +be hereunto affixed. Witness, his Excellency THOMAS MIFFLIN, +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. + + * * * * * + + PROCLAMATION OF CONGRESS RESPECTING THE DEFINITIVE TREATY. + +By the United States in Congress assembled, + + A PROCLAMATION. + +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 +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.] + +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. + +Given under the seal of the United States. Witness, his Excellency +Thomas Mifflin, our President, at Annapolis, 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. + + * * * + +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 _bona fide_ 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. + +Ordered, That a copy of the Proclamation of this date, together with +the recommendation, be transmitted to the several States by the +Secretary. + + * * * * * + + + RATIFICATION OF THE DEFINITIVE TREATY BY GREAT BRITAIN. + +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. + +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.] + +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 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. + +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. + + GEORGE R. + + + + +THE + +CORRESPONDENCE + +OF + +CONRAD ALEXANDER GERARD; + +MINISTER PLENIPOTENTIARY FROM THE COURT OF FRANCE TO THE UNITED +STATES. + + +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. + +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. + + + + +THE + +CORRESPONDENCE + +OF + +CONRAD ALEXANDER GERARD; + +MINISTER FROM FRANCE. + + + * * * * * + + LETTER FROM THE KING OF FRANCE TO CONGRESS. + + Very dear and great Friends and Allies, + +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 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. + +Written at Versailles, the 28th of March, 1778. + +Your good Friend and Ally, + + LOUIS. + + * * * * * + + APPOINTMENT OF CONSUL-GENERAL OF FRANCE IN THE UNITED STATES. + +Louis, by the Grace of God, King of France and Navarre, to all those +to whom these presents shall come, Greeting. + +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 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. + +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. + + LOUIS. + + * * * * * + + THE KING OF FRANCE TO CONGRESS. + + Very dear and great Friends and Allies, + +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. + +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. + +Moreover, we pray God, that he will have you, very dear and great +Friends and Allies, under his holy protection. + +Written at Versailles, the twentyeighth day of March, in the year of +our Lord, one thousand seven hundred and seventyeight. + + LOUIS. + + * * * * * + + COUNT D'ESTAING TO THE PRESIDENT OF CONGRESS. + + At Sea, July 8th, 1778. + + Sir, + +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. + +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. + +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 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. + +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. + +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. + +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. + +That will be the happiest moment of my life, in which I 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. + +I have the honor to be, &c. + + ESTAING. + +_P. S._ 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. + + * * * * * + + RESOLVES OF CONGRESS RESPECTING THE COUNT D'ESTAING'S LETTER, + AND THE RECEPTION OF M. GERARD. + + In Congress, July 11th, 1778. + +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. + +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 +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. + +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. + +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. + +Resolved, that a committee of five be appointed to wait on M. Gerard +on his arrival, and conduct him to his lodgings. + +The members chosen, Mr Hancock, Mr Lee, Mr Drayton, Mr Roberdeau, and +Mr Duer. + +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. + +On Tuesday he delivered to the President sundry papers to be laid +before Congress,[23] desiring to know in what 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. + +FOOTNOTE: + +[23] Letters from the King, and notes of M. Gerard. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 14th, 1778. + + Sir, + +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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 14th, 1778. + + Sir, + +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. + +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.[24] + + GERARD. + +FOOTNOTE: + +[24] Congress took into consideration the Memorial respecting +prisoners, and thereupon + +"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. + +"Ordered, that the paper relative to the encouragement given by the +Count d'Estaing to American armed vessels, whether public or private, +be published." + + * * * * * + + CEREMONIAL OF ADMITTING THE FRENCH MINISTER TO CONGRESS. + + In Congress, July 20th, 1781. + +Resolved, That the ceremonial for a Minister Plenipotentiary, or +Envoy, shall be as follows; + +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. + +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. + +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. + +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 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. + +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. + +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. + +The style of address to Congress shall be, "Gentlemen of the +Congress." + +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. + +After the audience, the members of Congress shall be first visited by +the Minister Plenipotentiary, or Envoy. + +_July 30th._ Resolved, That Thursday next be assigned for giving +audience to the honorable M. Gerard, Minister Plenipotentiary from his +Most Christian Majesty. + +_August 5th._ Resolved, That when the Minister is introduced to his +chair by the two members, he shall sit down. + +His Secretary shall then deliver to the President the letters of his +Sovereign, which shall be read and translated 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. + +The House shall rise, and the President shall deliver the answer +standing. The Minister shall stand while the President delivers the +answer. + +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. + +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. + +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. + +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. + +_Thursday, August 6th._ 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; + +[See this letter above, p. 235, dated March 28th, 1778.] + +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; + + Translation. + + "Gentlemen, + +"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. + +"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." + +To this speech the President returned the following answer; + + "Sir, + +"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. + +"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. + +"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. +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. + +"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." + + * * * + +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. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, November 9th, 1778. + + Sir, + +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 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. + + GERARD. + +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. + + * * * * * + +_November 18th, 1778._ 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. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, November 20th, 1778. + + Sir, + +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. + + GERARD. + + * * * * * + + Philadelphia, December 2d, 1778. + +The President communicated to Congress the following unsigned note +from the Minister of France. + +"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." + +_December 4th._ The President communicated to Congress another +unsigned note from the Minister of France, relative to a plan he had +proposed for discharging the debt 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. + +"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. + +"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." + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, December 6th, 1778. + + Sir, + +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 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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, December 7th, 1778. + + Sir, + +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 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. + +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. + +I have the honor to be, with sentiments of respect, &c. + + GERARD. + + * * * * * + +To the memorial respecting masts, an answer was returned on the 16th. +And in answer to the above letter Congress passed a resolution on the +14th of January, 1779, as follows; + +"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, + +"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." + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, December 14th, 1778. + + Sir, + +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 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. + +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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, January 4th, 1779. + + Sir, + +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. + +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 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. + +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. + +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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, January 5th, 1779. + + Sir, + +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. + +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. + + GERARD. + + * * * * * + +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; + +"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 +_as a present_, 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, _that those who are now her +allies prefaced that alliance by an early and generous friendship_; +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." + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, January 10th, 1779. + + Sir, + +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. + +I have the honor to be, &c. + + GERARD. + + * * * * * + +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." + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, January 14th, 1779. + + Sir, + +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. + +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. + +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. + + +I am, with respect and esteem, &c. + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, January 15th, 1779. + + Sir, + +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 accept this +invitation, and moreover contains proofs of an unlimited confidence in +the justice and goodness of Congress. + +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. + +I am, with respectful esteem, &c. + + GERARD. + + * * * * * + + MESSRS DUPORTAIL, LA RADIERE, AND LAUMOY TO M. GERARD. + + Translation. + + Philadelphia, January 15th, 1779. + + Sir, + +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 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. + +We are, respectfully, your Excellency's most obedient humble servants, + + DUPORTAIL, + LA RADIERE, + LAUMOY. + +_P. S._ M. de Goudion has said, that he would agree to whatever we +should do. + + * * * * * + +_January 21st._ 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. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, February 3d, 1779. + + Sir, + +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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, February 8th, 1779. + + Sir, + +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. + + GERARD. + + "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." + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, February 9th, 1779. + + Sir, + +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. + +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. + +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 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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, February 9th, 1779. + + Sir, + +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. + +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 his interests from those of America, and +to support the cause of the United States, as if it were his own +personal cause. + +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. + +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. + + GERARD. + + +_February 13th._ 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. + +_February 15th._ 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. + +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. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, March 14th, 1779. + + Sir, + +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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, March 16th, 1779. + + Sir, + +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 +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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, March 17th, 1779. + + Sir, + +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 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. + +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 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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, March 31st, 1779. + + Sir, + +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. + +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 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. + +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. + +I have the honor to be, with respect and esteem, Sir, your most +obedient humble servant, + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Mount Pleasant, April 6th, 1779. + + Sir, + +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 back to me again, and +to accept the sentiments of respect with which I have the honor to be, +Sir, &c. + + GERARD. + + * * * * * + + _Abstract of several Letters, dated Martinique, February 25th._ + +"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." + +_March 6th._ "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." + +_March 9th._ "The convoy from France, so much wished for, has just +arrived, attended by many vessels. + +"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. + +"M. de Kersin, the lieutenant of the ship, took two 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." + +_Baltimore, April 2d._ "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." + +_Martinique, March 14th._ "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 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." + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, April 24th, 1779. + + Sir, + +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 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. + + GERARD. + + * * * * * + + _Memorial respecting two Spanish Vessels._ + + Translation. + +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 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. _to wit_; + +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, 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. + +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. + +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 +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. + +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. + + DON JUAN DE MIRALLES. + + _Philadelphia, April 21, 1778._ + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, May 3d, 1779. + + Sir, + +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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + May 4th, 1779. + +"The Minister of France delivered to the President a letter from the +King of France, with the following note." + +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. + + GERARD. + + * * * * * + + FROM THE KING OF FRANCE TO CONGRESS. + + Translation. + + Very dear, and great Friends and Allies, + +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. + +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. + + LOUIS. + + Written at Versailles, December 19th, 1778. + +"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." + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, May 6th, 1779. + + Sir, + +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. + +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. + +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 +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. + +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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, May 9th, 1779. + + Sir, + +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 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. + +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. + +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 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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, May 9th, 1779. + + Sir, + +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, and I request you +consequently to submit to that body the annexed Memorial.[25] + +I have the honor to be, with the highest esteem, Sir, your humble and +most obedient servant. + + GERARD. + +FOOTNOTE: + +[25] This Memorial is missing. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, May 19th, 1789. + + Sir, + +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. + +I have the honor to be, with sentiments of the greatest respect, Sir, +your most obedient humble servant. + + GERARD. + + * * * * * + + MEMORIAL. + + Translation. + +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 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. + +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. + +Having learnt, that considering that the said court of Boston has not +agreed to grant to the said condemned 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. + + JUAN DE MIRALLES. + + _Philadelphia, May 18, 1779._ + + * * * + +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. + +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 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. + +Resolved, That the following letter be written to the Minister +Plenipotentiary of France, and signed by the President. + + "Sir, + +"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 _the rights of war_ and _neutrality_, +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. + +"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." + + * * * * * + + TO THE PRESIDENT OF CONGRESS, + + Translation. + + Philadelphia, May 22d, 1779. + + Sir, + +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. + +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 _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_, 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 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. + +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. + +It follows from these observations, + +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. + +2dly. That he has made no other engagements than those expressed in +the stipulations of the treaty. + +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 +_reciprocal counsels_, conformably to the expression of Article 1st of +the treaty, and as is proper for _good and faithful allies_. 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. + +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 the possessions of the United +States shall be fixed by the cessation of the war. + +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. + +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 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. + +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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, May 24th, 1779. + + Sir, + +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 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. + +I have the honor to be, with respectful esteem, Sir, your humble and +most obedient servant. + + GERARD. + + * * * + +_May 24th._ 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. + +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 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, + +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. + +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. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, May 25th, 1779. + + Sir, + +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. + +The whole world cannot but be convinced of the justice of the +necessary measures to which the conduct of the common enemy compels +Congress to have recourse, in order if possible to put an end to such +horrible excesses. + +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. + +I have the honor to be, with respect and esteem, Sir, your most humble +and obedient servant. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, May 27th, 1779. + + Sir, + +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 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. + +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 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. + +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. + + GERARD. + + * * * + +_June 22d._ 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. + +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. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, June 21st, 1779. + + Sir, + +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. + +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. + +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 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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 5th, 1779. + + Sir, + +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 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. + +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 the public interest of America, and the +delicacy which ought to characterise the conduct of every public man, +may require. + +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. + +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, 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 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. + +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. + + GERARD. + + * * * + +This Memorial being read, it was immediately + +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. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 5th, 1779. + + Sir, + +The Minister Plenipotentiary of France has the honor to represent to +Congress, that faithful to the promises 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. + +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 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. + +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. + +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. + + GERARD. + + * * * * * + + REPORT OF A COMMITTEE RESPECTING A CONFERENCE WITH + THE MINISTER OF FRANCE. + + In Congress, July 10th, 1779. + +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. + +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. + +_Monday, July 12th._ The President informed the 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, + +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 "_ad statum legendi_" 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. + +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. + + NO. I. + + _Ad statum legendi._ + +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. + +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. + +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. + +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 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. + +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. + +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. + +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 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. + + + NO. II. + + _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._ + +ARTICLE 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. + +ARTICLE 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 to give such orders to the Captains, or other persons employed in +this business, that it may be managed with prudence. + +ARTICLE 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. + +ARTICLE 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. + +ARTICLE 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 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. + +ARTICLE 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. + +ARTICLE 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 +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 _à fortiori_, of the rights inherent in sovereignty, +as well as of the independency of the United States in matters of +government and of commerce. + +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 +_formula_. It was only obtained for Holland _tacitly_, after a war of +thirty years, and _explicitly_ 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. +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. + +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. + +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 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, and free us +from the fatal chance, that a single unlucky event may overthrow the +balance. + + * * * + +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. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 26th, 1779. + + Sir, + +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. + +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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 26th, 1779 + + Sir, + +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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 26th, 1779. + + Sir, + +The Minister Plenipotentiary of France has the honor to lay before the +Congress of the United States of America 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. + +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 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. + +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; + +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. + +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. + +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. + +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 and eightytwo barrels bought at +Wilmington, and that this quantity of provisions has, from this time, +become the property of the United States. + +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. + +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. + + GERARD. + + * * * + + _The Papers referred to in the foregoing Memorial._ + + No. 1. + + M. GERARD TO THE PRESIDENT OF THE STATE OF PENNSYLVANIA. + + Translation. + + Philadelphia, July 26th, 1779. + + Sir, + +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. 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. + +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, 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. + +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 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. + +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 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. + + GERARD. + + * * * + + No. 2. + + M. HOLKER TO JOSEPH REED, PRESIDENT OF PENNSYLVANIA. + + Translation. + + Philadelphia, July 24th, 1779. + + Sir, + +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 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. + +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 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. + +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. + +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. 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.[26] + +I remain with respect, your Excellency's most obedient and humble +servant. + + HOLKER. + +FOOTNOTE: + +[26] The publications relative to these complaints are found in the +Pennsylvania Packet of Saturday, July 24th, 1779. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 28th, 1779. + + Sir, + +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. + +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 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. + + GERARD. + + * * * + + _Copies of the Papers enclosed in the above Letter._ + + No 1. + + JOSEPH REED TO M. HOLKER. + + Philadelphia, July 24th, 1779. + + Sir, + +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 under a public obligation to +communicate the transaction to the world without delay. + +I have the honor to be, &c. + + JOSEPH REED. + +_P. S._ Not having any copies of the enclosed, I must beg you to +return them after perusal. + + No. 2. + + In Council, Philadelphia, July 23d, 1779. + + 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, + +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. + +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, + +Ordered, that the said paper be further considered tomorrow, that a +proper answer may be given to the said request. + +Extract from the minutes, + + JAMES TRIMBLE, + _for_ T. MATLACK, _Secretary_. + + No. 3. + + JOSEPH REED TO WILLIAM HENRY, CHAIRMAN OF THE COMMITTEE. + + Walnut Street, July 23d, 1779. + + Sir, + +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. + +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. + +I am, Gentlemen, &c. + + JOSEPH REED. + + No. 4. + + WILLIAM HENRY TO JOSEPH REED. + + Friday Afternoon, 5 o'clock, Committee Room. + + Sir, + +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. + +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. + +Your Excellency is sensible that nothing but the most 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. + +By order of the committee. + +I have the honor to be your Excellency's most obedient, humble +servant, + + WILLIAM HENRY, _Chairman_. + + * * * + +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. + + * * * * * + + M. HOLKER TO M. GERARD. + + Translation. + + Philadelphia, July 29th, 1779. + + Sir, + +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 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. + +I am, Sir, respectfully, your obedient humble servant, + + HOLKER. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 30th, 1779. + + Sir, + +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. + +I have the honor to be, with the greatest respect, Sir, your most +humble and obedient servant, + + GERARD. + + * * * * * + + In Congress, July 30th, 1779. + +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; + +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. + +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. + +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. + +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. + +That the Minister of France be informed that the President and +Supreme Executive Council of Pennsylvania have taken proper measures +to restore the flour taken from the agents of M. Holker. + + * * * * * + + THE PRESIDENT OF PENNSYLVANIA TO M. GERARD. + + In Council, Philadelphia, July 31st, 1779. + + Sir, + +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. + +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. + +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. + +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. + +We observe all the papers respecting this transaction have been +transmitted to you, except a resolution of this 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. + +Signed in and by order of Council. + + JOSEPH REED, _President_. + + * * * + +_In Congress._ 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, + +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. + +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. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, August 5th, 1779. + + Sir, + +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. + +I have the honor to be, with the greatest respect, Sir, your most +obedient and humble servant, + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, August 5th, 1779. + + Sir, + +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. + +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. + +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 +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. + + GERARD. + + * * * + + In Congress, August 9th, 1779. + +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. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, August 11th, 1779. + + Sir, + +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. + +I have the honor to be, with the greatest respect, Sir, your most +humble and most obedient servant. + + GERARD. + + * * * * * + + THE MARQUIS DE BOUILLÉ TO M. GERARD. + + Translation. + + Martinique, July 11, 1779. + + Sir, + +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. + +I have the honor to be, &c. + + BOUILLÉ. + +_P. S._ 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. + + * * * * * + + In Congress, August 23d, 1779. + +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. + + * * * * * + + M. GERARD TO THE COMMITTEE OF CONGRESS. + + Translation. + + Philadelphia, August 23d, 1779. + + Gentlemen, + +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. + + GERARD. + + * * * * * + + THE COUNT DE VERGENNES TO M. GERARD. + + _In Congress, September 7th._ 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. + + Translation. + + "Sir, + +"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. + +"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, 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." + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, September 15th, 1779. + + Sir, + +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. + + GERARD. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, September 15th, 1779. + + Sir, + +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. + + GERARD. + + * * * * * + + In Congress, September 15th, 1779. + +Resolved, That Friday next be assigned for granting a private audience +to M. Gerard, Minister Plenipotentiary of France, in order to his +taking leave. + +Resolved, That this private audience be in full Congress. + +_Friday, September 17th._ Resolved, That two members be appointed to +introduce the Minister to the private audience. + +The Minister being introduced, took his leave in the following speech. + + + M. GERARD'S SPEECH ON TAKING LEAVE OF CONGRESS. + + Translation. + + "Gentlemen, + +"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 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. + +"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. + + GERARD." + + + REPLY OF THE PRESIDENT OF CONGRESS TO M. GERARD'S SPEECH + ON HIS TAKING LEAVE. + + "Sir, + +"We receive with much concern the intimation you have given us, that +the bad state of your health obliges you 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. + +"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. + +"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. + +"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. + +"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 to the dignity and interest of our most excellent and +illustrious ally, with a zealous attachment to the honor and welfare +of these States. + +"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. + +"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. + +"By order of Congress, + + JOHN JAY, _President_." + + * * * * * + + CONGRESS TO THE KING OF FRANCE. + + Great, Faithful, and Beloved Friend and Ally, + +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. + +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. + +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. + +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. + +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. + + JOHN JAY, _President_. + + * * * * * + + In Congress, September 25th, 1779. + + The committee to whom was referred the paper of intelligence + communicated by M. Gerard, on the 7th instant,[27] reported the + draft of a letter in answer to the said communication, which was + read as follows; + + "Sir, + +"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. + +"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, 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." + +After debate, Ordered, that the President return the following answer; + + "Sir, + +"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." + +FOOTNOTE: + +[27] See this paper above, p. 349. + + + + +THE + +CORRESPONDENCE + +OF + +C. A. DE LA LUZERNE; + +MINISTER PLENIPOTENTIARY FROM FRANCE TO THE UNITED STATES. + + +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. + +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. + +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 _Chargé d'Affaires_. + +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. + + + + +THE + +CORRESPONDENCE + +OF + +C. A. DE LA LUZERNE. + + + * * * * * + + SUBSTANCE OF A CONFERENCE BETWEEN M. DE LA LUZERNE AND GENERAL + WASHINGTON AT HEAD QUARTERS, WEST POINT.[28] + + September 16th, 1779. + +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 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. + +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 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. + +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. + +The Minister replied, that the General's delicacy upon the occasion +was very proper, but as he seemed unwilling 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. + +The General assented, observing, that occasional mention might be made +of the military advantages to be expected from the measure. + +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; 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. + +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. + +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. + +The General replied, that he imagined such a co-operation would be +desirable. + +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. + +The General thought it would contribute much to advance the common +cause. + +The Minister informed us, that Dr Franklin had purchased a fifty gun +ship, which the King of France intended 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. + +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. + +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 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. + +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. + + Head Quarters, September 18th, 1779. + +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. + + A. HAMILTON. + +FOOTNOTE: + +[28] 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. + + * * * * * + + RECEPTION OF THE FRENCH MINISTER BY CONGRESS.[29] + + In Congress, November 17th, 1779. + +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; + + THE KING OF FRANCE TO CONGRESS. + +"To our dear great Friends and Allies, the President and Members of +the General Congress of the United States of North America. + + Very Dear Great Friends and Allies, + +"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. + +"Done at Versailles, the 31st of May, 1779. + +"Your good friend and ally, + + LOUIS." + +The Minister being announced, he addressed Congress in the following +speech. + + Translation. + + "Gentlemen, + +"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 by your Generals and +soldiers during the course of the war, have attracted the admiration +and regard of the whole world. + +"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. + +"That alliance, Gentlemen, becomes daily more indissoluble, and the +benefits, which the two nations derive from it, have given it the most +perfect consistency. + +"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. + +"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 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. + + LUZERNE." + +The translation of the foregoing speech being read to the House by the +Secretary of Congress, the President returned the following answer. + + + "Sir, + +"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. + +"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 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. + +"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. + +"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. + +"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 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.[30] + + SAMUEL HUNTINGTON, _President_." + +FOOTNOTES: + +[29] 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 _Correspondence of M. Gerard_, above, p. 245. + +[30] 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 _John Adams's Correspondence_, Vol. IV +p. 310. + + * * * * * + + DON JUAN MIRALLES TO M. DE LA LUZERNE. + + Translation. + + Philadelphia, November 25th, 1779. + + Sir, + +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. + +The Honorable Congress having formerly proposed to lay siege to the +town of St Augustine in East Florida, in 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. + +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. + +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. + +I had yesterday the honor of communicating these various requests to +the Honorable Congress, which body was 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. + +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. + +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. + +I have the honor to be, &c. + + DON JUAN DE MIRALLES. + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, November 26th, 1779. + + Sir, + +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. + +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. + + LUZERNE. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, December 6th, 1779. + + Sir, + +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. + +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." + +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 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. + + LUZERNE. + + * * * * * + + PRESIDENT OF CONGRESS TO M. DE LA LUZERNE. + + In Congress, December 16th, 1779. + + Sir, + +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;[31] +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. + +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. + +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 be agreed upon between them for +carrying our views into execution. + +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. + +I have the honor to be, &c. + + SAMUEL HUNTINGTON, _President_. + +FOOTNOTE: + +[31] See above pp. 373, 375. + + * * * * * + + M. HOLKER TO M. DE LA LUZERNE. + + Translation. + + Philadelphia, January 10th, 1780. + + Sir, + +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 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. + +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. + +I am, Sir, &c. + + HOLKER. + + * * * * * + + WILLIAM SMITH TO M. HOLKER. + + Baltimore, January 7th, 1780. + + Sir, + +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. + +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. + +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 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. + +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. + +I have the honor to be, &c. + + WILLIAM SMITH. + + * * * * * + + THE PRESIDENT OF THE COUNCIL OF MARYLAND TO WILLIAM SMITH. + + In Council, Annapolis, January 6th, 1780. + + Sir, + +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 _our_ 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 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. + +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. + +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. + +We are, with respect, Sir, &c. + + J. T. CHASE, _President of the Council_. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, January 10th, 1780. + + Sir, + +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 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. + +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. + +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; and he is +desirous that the States, in which purchases of this nature may be +made, should be pleased to take similar measures. + + LUZERNE. + + * * * * * + + TO GEORGE WASHINGTON. + + Translation. + + Philadelphia, January 23d, 1780. + + Sir, + +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. + +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 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. + +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. + +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 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. + +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. + +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. + +I am, with respect, Sir, + + LUZERNE. + +_P. S._ This letter will be delivered to your Excellency by M. de +Galvan, who has been raised to the rank of Major 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. + + * * * + + PAPERS MENTIONED IN THE ABOVE LETTER. + + No. 1. + + Translation. + + _Extract of a Memorial communicated by the Ambassador of England to + the Court of Madrid, on the 28th of March, 1779._ + +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 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. + + * * * + + No. 2. + + Translation. + + _Ultimatum proposed by the Court of Madrid to the Courts of France + and England, dated 3d of April, 1779._ + +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. + +"That there shall be an unlimited suspension of arms with France on +the condition, that neither of the belligerent powers can break it +without advertising the other a year beforehand. + +"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. + +"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. + +"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. + +"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. + +"That they may send to Madrid one or more Commissioners on the part of +the Colonies, and that his Britannic 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." + + * * * + + No. 3. + + Translation. + + _Extract from the Exposition of the Motives of the Court of Spain + relative to England._ + +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 _in fact_, 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 _in fact_, but also _of +right_, should have any repugnance to treat them as independent only +_in fact_, 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 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. + +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 _in fact_. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, January 24th, 1780. + + Sir, + +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. + +I have the honor to be, &c. + + LUZERNE. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, January 25th, 1780. + + Sir, + +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. + +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; to take +effectual measures immediately for completing the army and putting it +in condition to begin an early campaign. + +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. + + LUZERNE. + + * * * * * + + REPORT OF A COMMITTEE ON THE COMMUNICATIONS + OF THE FRENCH MINISTER. + + In Congress, January 28th, 1780. + +The committee appointed to receive the communications of the Minister +of France, reported the following summary, accompanied with extracts +of papers, which he had recently received.[32] + +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. + +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 +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. + +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 +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. + +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. + +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? +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. + +FOOTNOTE: + +[32] 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. + + * * * * * + + ANSWER OF CONGRESS TO THE COMMUNICATIONS OF THE FRENCH MINISTER. + + In Congress, January 31st, 1780. + +Congress taking into consideration the communications of the French +Minister, as reported by the committee on the 28th instant, + +Resolved, That the following answer be given to the communications of +the honorable the Minister Plenipotentiary of France; + +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. + +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 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. + +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. + +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 manner as to oppose the +enemy with the greatest effect, wheresoever their most considerable +operations may be directed. + +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. + +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. + +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. + + * * * * * + + COMMUNICATIONS OF THE FRENCH MINISTER TO A + COMMITTEE OF CONGRESS AT A SECOND CONFERENCE. + + In Congress, February 2d, 1780. + +The Committee report, that in a second conference with the honorable +the Minister Plenipotentiary of France he communicated to them; + +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. + +That the articles are, + +1st. A precise and invariable western boundary to the United States. + +2dly. The exclusive navigation of the river Mississippi. + +3dly. The possession of the Floridas; and + +4thly. The lands on the left or eastern side of the river Mississippi. + +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. + +On the second, that the United States do not consider themselves as +having any right to navigate the river Mississippi, no territory +belonging to them being situated thereon. + +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. + +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. + +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. + +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 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. + + * * * * * + + GEORGE WASHINGTON TO M. DE LA LUZERNE. + + Head Quarters, Morristown, February 4th, 1780. + + Sir, + +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. + +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 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. + +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. + +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. + +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. + + GEORGE WASHINGTON. + +_P. S._ 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. + + * * * * * + + GEORGE WASHINGTON TO M. DE LA LUZERNE. + + Head Quarters, Morristown, February 15th, 1780. + + Sir, + +I have the honor to acknowledge the receipt of your Excellency's +letter of the 4th,[33] which only reached me on the 13th. + +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. + +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 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. + +I have the honor to be, with the most respect and attachment, &c. + + GEORGE WASHINGTON. + +FOOTNOTE: + +[33] Missing. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, March 8th, 1780. + + Sir, + +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.[34] + +I have the honor to be, &c. + + LUZERNE. + +FOOTNOTE: + +[34] See further particulars on this subject in the _Correspondence of +John Jay_, Vol. VII. pp. 171, et seqq. + + * * * * * + + THE KING OF FRANCE TO CONGRESS. + + Translation. + +To our Very Dear Great Friends and Allies the President and Members of +the Congress of the United States of North America. + + Very Dear Great Friends and Allies, + +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. + + Written at Versailles, the 10th of March, 1781. + +Your good Friend and Ally, + + LOUIS. + + * * * * * + + GEORGE WASHINGTON TO M. DE LA LUZERNE. + + Morristown, May 5th, 1780. + + Sir, + +Two days since I had the honor of receiving your Excellency's letter +of the 29th of April. + +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. + +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. + +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. + +I have the honor to be, with the highest consideration, &c. + + GEORGE WASHINGTON. + + 9 o'clock, A. M. + +_P. S._ 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. + + * * * * * + + GEORGE WASHINGTON TO M. DE LA LUZERNE. + + Morristown, May 11th, 1780. + + Sir, + +The attentions and honors paid to M. de Miralles[35] after his death +were a tribute due to his character and merit, and dictated by the +sincere esteem, which I always felt for him. + +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. + +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. + +I am always happy to repeat to you the sentiments of respect and +inviolable attachment, with which I have the honor to be, &c. + + GEORGE WASHINGTON. + +FOOTNOTE: + +[35] M. de Miralles, Agent for the Spanish Government in this country, +died in General Washington's camp, and was buried with military +honors. + + * * * * * + + GEORGE WASHINGTON TO M. DE LA LUZERNE. + + Head Quarters, Morristown, May 14th, 1780. + + Sir, + +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. + +I have the honor to be, &c. + + GEORGE WASHINGTON. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, May 16th, 1780. + + Sir, + +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 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. + +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. + +An object, which next to that just mentioned, requires all the +attention of Congress, is the information, which it 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. + +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, 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. + +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. + +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.[36] + + LUZERNE. + +FOOTNOTE: + +[36] For the proceedings of Congress on the subject of this letter, +see the _Public Journals_, under the date of May 19th, 1780. + + * * * * * + + TO GEORGE WASHINGTON. + + Translation. + + Philadelphia, May 21st, 1780. + + Sir, + +You will be informed by the Marquis de Lafayette, of the measures +adopted by the Congress relative to the operations 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. + +I have the honor to be, &c. + + LUZERNE. + + * * * * * + + REPORT OF A COMMITTEE OF CONGRESS ON A CONFERENCE WITH + THE FRENCH MINISTER. + + In Congress, May 24th, 1780. + +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. + +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. + +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; 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. + +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. + +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. + +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. + +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. + +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. + +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. + +Resolved, that Congress will defray every necessary expense, which any +State shall incur in consequence of the above resolution. + +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. + +And whereas it is proper to make provision for repairing any damage, +which the fleets of our ally may sustain by storms or otherwise, + +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. + +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. + +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 army of our allies, in which view they submit the following +resolution. + +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. + + ROBERT R. LIVINGSTON, _Chairman_. + + * * * * * + + GEORGE WASHINGTON TO M. DE LA LUZERNE. + + Morristown, June 5th, 1780. + + Sir, + +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. + +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. + +The Marquis de Lafayette has given me an account of 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. + +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 _entreating_ you to favor me with your advice with the +greatest freedom, on whatever occurs to you interesting to our affairs +at this period. + +I have the honor to be, &c. + + GEORGE WASHINGTON. + + * * * * * + + REPORT OF A COMMITTEE OF CONGRESS RESPECTING + COMMUNICATIONS FROM THE FRENCH MINISTER. + + In Congress, June 5th, 1780. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + + * * * + +Upon the foregoing information your committee beg leave to submit to +the consideration of Congress the following resolutions, + +That a brevet commission of Lieutenant Colonel be granted to M. Louis +Ethis de Corney. + +That M. de Corney be furnished with letters from the President to the +supreme executive powers of the 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. + +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. + +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. + + * * * * * + + REPORT OF A COMMITTEE OF CONGRESS RESPECTING + A CONFERENCE WITH THE FRENCH MINISTER. + + In Congress, June 7th, 1780. + +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: + +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. + +Upon which communication your committee beg leave to submit to the +consideration of Congress the following resolution, viz. + +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. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, June 18th, 1780. + + Sir, + +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. + +The King, after the positive assurances, which he has received, has +not the least doubt, _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_ _territory of the United States_. 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. + +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. + +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 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.[37] + + LUZERNE. + +FOOTNOTE: + +[37] See the proceedings of Congress on the subject of this letter in +the _Public Journal of Congress_, under the date of June 21st, 1780. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, June 28th, 1780. + + Sir, + +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. + +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. + + LUZERNE. + + * * * * * + + CONGRESS TO THE MINISTER OF FRANCE. + + In Congress, July 7th, 1780. + +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; + +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, 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. + +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. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 22d, 1780. + + Sir, + +I take the earliest opportunity to inform you, that his Majesty's +Minister, in giving me notice of the expedition 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. + +I have the honor to be, &c. + + LUZERNE. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 25th, 1780. + + Sir, + +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, 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. + +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.[38] + +I have the honor to be, &c. + + LUZERNE. + +FOOTNOTE: + +[38] _In Congress, July 27th._--"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." + + * * * * * + + JOSEPH REED TO M. DE LA LUZERNE. + + In Council, Philadelphia, July 25th, 1780. + + Sir, + +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 Most Christian Majesty, if his officers approve it, and they +will in that case receive every encouragement from us to do. + +I have the honor to be, &c. + + JOSEPH REED, _President of Pennsylvania_. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 26th, 1780. + + Sir, + +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.[39] + +I have the honor to be, &c. + + LUZERNE. + +FOOTNOTE: + +[39] _In Congress, July 31st, 1780._--"On a report from the Board of +War, to whom the Minister's letter of the 26th was referred, + +"_Resolved_, 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." + + * * * * * + + GEORGE WASHINGTON TO M. DE LA LUZERNE. + + Head Quarters, July 27th, 1780. + + Sir, + +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. + +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. + +I have the honor to be, with every sentiment of respect and +attachment, &c. + + GEORGE WASHINGTON. + + * * * * * + + TO GEORGE WASHINGTON. + + Translation. + + Philadelphia, July 30th, 1780. + + Sir, + +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. + +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. + +I have the honor to be, &c. + + LUZERNE. + + * * * * * + + GEORGE WASHINGTON TO M. DE LA LUZERNE. + + Peekskill, August 4th, 1780. + + Sir, + +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, +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. + +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. + +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. + +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. + +I have the honor to be, &c. + + GEORGE WASHINGTON. + + * * * * * + + GEORGE WASHINGTON TO M. DE LA LUZERNE. + + Peekskill, August 6th, 1780. + + Sir, + +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. + +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 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. + +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. + +When I receive his answer I will embrace the earliest occasion to +transmit the signals. + +I have the honor to be, &c. + + GEORGE WASHINGTON. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, August 15th, 1780. + + Sir, + +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 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. + +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. + +I have the honor to be, &c. + + LUZERNE. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, August 15th, 1780. + + Sir, + +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. + +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 merchandise deposited in the hands of the +Sieur Caraburse, at St Domingo, have remained unanswered. + +I have the honor to be, &c. + + LUZERNE. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, September 1st, 1780. + + Sir, + +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. + +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 and frankness, which ought to exist between +allies whose interests are so closely connected.[40] + +I have the honor to be, &c. + + LUZERNE. + +FOOTNOTE: + +[40] See the resolutions of Congress, respecting the bills of exchange +here mentioned, in the _Public Journal of Congress_, for August 9th +and 15th, 1780. + + * * * * * + + GEORGE WASHINGTON TO M. DE LA LUZERNE. + + Head Quarters, Bergen County, } + September 12th, 1780. } + + Sir, + +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. + +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. + +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 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. + +I have the honor to be, with the sincerest sentiments of respect and +attachment, + + GEORGE WASHINGTON. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, September 15th, 1780. + + Sir, + +I have received the annexed Declaration,[41] 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. + +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. + +I have the honor to be, &c. + + LUZERNE. + +FOOTNOTE: + +[41] See this _Declaration_, annulling the 11th and 12th Articles of +the Treaty, in the _Correspondence of the Commissioners in France_, +Vol. I. p. 432. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, September 16th, 1780. + + Sir, + +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 _Chargé +d'Affaires_ 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.[42] + + LUZERNE. + +FOOTNOTE: + +[42] _In Congress, September 19th._ "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 _Chargé d'Affaires_; and hoping, that from his known +attention to matters relative to the embassy, Congress will grant him +their confidence; whereupon, + +"_Resolved_, 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 _Chargé d'Affaires_, in whose abilities and attention to the +interests of the Court of France and those of the United States they +have just confidence." + + * * * * * + + M. DE MARBOIS TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, October 8th, 1780. + + Sir, + +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. + +I have the honor to be, &c. + + MARBOIS. + + * * * * * + + M. DE MARBOIS TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, October 27th, 1780. + + Sir, + +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. + +I have the honor to be, &c. + + MARBOIS. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, November 1st, 1780. + + Sir, + +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. + +The undersigned, Minister Plenipotentiary of his Most Christian +Majesty, has the honor to propose to Congress, _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._ 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. + + LUZERNE. + + * * * * * + + FROM CONGRESS TO THE KING OF FRANCE. + +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. + + Great, Faithful and Beloved Friend and Ally, + +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. + +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. + +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 +on our northern and western frontiers, and marked their progress with +blood and desolation. + +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. + +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. + +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 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. + +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. + +At a time when we feel ourselves strongly impressed by 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. + +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. + +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 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. + +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. + +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. + +Your Faithful Friends and Allies. + + SAMUEL HUNTINGTON, _President_. + + Attest, CHARLES THOMSON, _Secretary_. + + * * * * * + + TO GEORGE WASHINGTON. + + Translation. + + Philadelphia, December 5th, 1780. + + Sir, + +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 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. + +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. + +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. + +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. + +I am, &c. + + LUZERNE. + + * * * * * + + GEORGE WASHINGTON TO M. DE LA LUZERNE. + + New Windsor, December 14th, 1780. + + Sir, + +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. + +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. + +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. + +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. + +I anticipate with much pleasure the visit I shall receive from the +Chevalier de Chastellux and the other gentlemen 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. + +With great respect and personal attachment, I have the honor to be, +&c. + + GEORGE WASHINGTON. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, January 15th, 1781. + + Sir, + +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. + +I have the honor to be, &c. + + LUZERNE. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, February 25th, 1781. + + Sir, + +The undersigned, Minister Plenipotentiary of France, has the honor of +informing Congress, that M. de Tilly, 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. + +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. + + LUZERNE. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, February 28th, 1781. + + Sir, + +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, which I have taken, in consideration of the importance of the +operations now going on. + +I have the honor to be, Sir, &c. + LUZERNE. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, March 2d, 1781. + + Sir, + +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. + +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. + + LUZERNE. + + * * * * * + + M. DESTOUCHES TO M. DE LA LUZERNE. + + Translation. + + On Board the Duc de Bourgogne,} + March 19th, 1781.} + + Sir, + +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. + +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 manoeuvered without avoiding or seeking an +engagement, because I perceived, that even the greatest success, with +which I could 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. + +This manoeuvre 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 _le Conquerant_ and _l'Ardent_, +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. + +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, _le Conquerant_, were in the most dangerous state, +and that the mainmast of _l'Ardent_ 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. + +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. + +I have the honor to be, &c. + DESTOUCHES. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, March 24th, 1781. + + Sir, + +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 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. + +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. + +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. + +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. + +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. + +The King's Ministers have also procured for Dr Franklin, whose zeal, +wisdom and patriotism, deserve their utmost 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. + +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.[43] + + LUZERNE. + +FOOTNOTE: + +[43] 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. + + * * * * * + + TO GEORGE WASHINGTON. + + Translation. + + Philadelphia, March 27th, 1781. + + Sir, + +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, 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. + +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. + +I have the honor to be, &c. + LUZERNE. + + * * * * * + + GEORGE WASHINGTON TO M. DE LA LUZERNE. + + Head Quarters, New Windsor, March 31st, 1781. + + Sir, + +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. + +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 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. + +I have the honor to be, with the greatest respect and warmest personal +attachment, &c. + + GEORGE WASHINGTON. + + * * * * * + + TO GEORGE WASHINGTON. + + Translation. + + Philadelphia, May 7th, 1781 + + Sir, + +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. + +I am, with respectful attachment, &c. + + LUZERNE. + + * * * * * + + TO M. DESTOUCHES. + + Translation. + + Philadelphia, May 7th, 1781. + + Sir, + +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. + +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. + +Many other political considerations, into the details 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. + +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. + +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. + +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 judged necessary, as I presume it will be, they will send +their instructions in consequence of it to the officers who command +them. + +I have the honor to be, &c. + + LUZERNE. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, May 9th, 1781. + + Sir, + +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. + +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 +adopt, on this subject, such measures as shall seem best adapted to +prevent the abuses in question. + +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. + + LUZERNE. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, May 22d, 1781. + + Sir, + +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. + +My despatches contain several important subjects, which I shall hasten +to communicate to Congress, as soon as they shall be wholly +decyphered. + +I have the honor to be, &c. + + LUZERNE. + + * * * * * + + THE KING OF FRANCE TO CONGRESS. + +To our Very Dear Great Friends and Allies, the President and Members +of the General Congress of the United States of North America. + + Very Dear Great Friends and Allies, + +We have received your letter of the 22d of November last, which Dr +Franklin was ordered to place in our hands. 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. + +We pray God, very dear great Friends and Allies, to keep you in his +holy protection. + +Written at Versailles, this 10th of March, 1781. + +Your good friend and ally, + + LOUIS. + + * * * * * + + GEORGE WASHINGTON TO M. DE LA LUZERNE. + + Weathersfield, May 23d, 1781. + + Sir, + +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 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. + +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. + +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. + +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. + +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. + + GEORGE WASHINGTON. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, May 25th, 1781. + + Sir, + +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 +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. + +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. + +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 good and sound quality, and +at a price answering to its exact value. + +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 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. + +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. + + LUZERNE. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, May 26th, 1781. + + Sir, + +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. + +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. + +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. + +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 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. + +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. + + LUZERNE. + + * * * * * + + REPORT OF A CONFERENCE WITH THE FRENCH MINISTER. + + In Congress, May 28th, 1781. + +The committee appointed to confer with the Minister of France, report, + +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 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. + +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. + +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. + +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. + +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, 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. + +To the same application made by the Court of Petersburg to that of +Madrid, this Court answered, that 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. + +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. + +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. + +The Minister informed the committee, that it was necessary, that the +King should know the intentions of 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. + +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 eventually the Plenipotentiary of the United States to +declare their intention thereon. + +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. + +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. + +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 _uti possidetis_; that the surest 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.[44] + +FOOTNOTE: + +[44] _June 6th._ "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." + + * * * * * + + CONGRESS TO THE KING OF FRANCE. + +The United States in Congress assembled, to their Great Faithful and +Beloved Friend and Ally, Lewis the Sixteenth, King of France and +Navarre. + + Great, Faithful, and Beloved Friend and Ally, + +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. + +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. + +We pray God, that he will keep your Majesty, our great, faithful, and +beloved friend and ally, in his holy protection. + +Done at Philadelphia, the 13th day of June, in the year of our Lord, +1781, and in the fifth year of our independence. + +By the United States in Congress assembled. + +Your Faithful Friends and Allies. + + SAMUEL HUNTINGTON, _President_. + CHARLES THOMSON, _Secretary_. + + * * * * * + + TO GEORGE WASHINGTON. + + Translation. + + Philadelphia, June 1st, 1781 + + Sir, + +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. + +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 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. + +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. + +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. + +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 _six millions +of livres tournois_, 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 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. + +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. + +I have the honor to be, &c. + + LUZERNE. + + * * * * * + + GEORGE WASHINGTON TO M. DE LA LUZERNE. + + Head Quarters, New Windsor,} + June 13th, 1781.} + + Sir, + +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. + +Having been made acquainted by the Count de Rochambeau with the +designs of the Count de Grasse, to 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. + +I have the honor to be, &c. + + GEORGE WASHINGTON. + + * * * * * + + REPORT OF A CONFERENCE WITH THE FRENCH MINISTER. + + In Congress, June 18th, 1781. + +The committee appointed to confer with the Minister Plenipotentiary of +France, report, + +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 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. + +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 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. + +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. + +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 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. + +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. + +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 _uti possidetis_ 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 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. + +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 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. + +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. + +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. + +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, 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. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 1st, 1781. + + Sir, + +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 _Chargé d'Affaires_ of his Majesty, and I entreat you, Sir, 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. + +I have the honor to be, &c. + LUZERNE. + + * * * * * + + M. DE MARBOIS TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 9th, 1781. + + Sir, + +The undersigned, _Chargé d'Affaires_ 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 manoeuvres 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. + + MARBOIS. + + * * * * * + + M. DE MARBOIS TO THE SECRETARY OF CONGRESS. + + Translation. + + Philadelphia, July 11th, 1781. + + Sir, + +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. + +I have the honor to be, &c. + + MARBOIS. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 20th, 1781. + + Sir, + +The undersigned, Minister Plenipotentiary of France, has the honor of +informing Congress, that he has received 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. + + LUZERNE. + + * * * * * + + REPORT OF COMMUNICATIONS FROM THE FRENCH MINISTER. + + In Congress, July 23d, 1781. + +The committee appointed to receive the communications of the Minister +of France, delivered in the following report. + +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. + +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. + +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. + +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 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. + +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. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, July 26th, 1781. + + Sir, + +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 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.[45] + + LUZERNE. + +FOOTNOTE: + +[45] See the draft of this Convention in the _Secret Journal_, Vol. +III. p. 6. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, August 23d, 1781. + + Sir, + +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 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. + + LUZERNE. + + * * * * * + + TO THE PRESIDENT OF CONGRESS. + + Translation. + + Philadelphia, September 6th, 1781. + + Sir, + +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 _exequatur_ in each of the States, to which his functions are to +extend. + + LUZERNE. + + + END OF THE TENTH VOLUME. + + + + ++--------------------------------------------------------------------+ +| TRANSCRIBER'S NOTE. | +| | +| Omitted words, shown as blank spaces in the original, have been | +| transcribed as four hyphens ('----'). | +| | +| Every effort was made to match the original text. Spelling | +| variations between letters have been preserved. The following | +| apparent typographical errors were corrected: | +| "Triomphe" for "Trimophe" page 40 | +| "November 5, 1782" for "November 5, 1882" page 94 | +| "and who ought" for "and ho ought" page 308 | +| "each other" for "eachother" page 314 | ++--------------------------------------------------------------------+ + + + + + +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 38642-8.txt or 38642-8.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. 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