care and pains you constantly take in sending us the best intelligence
of foreign affairs. We have now the pleasure of acquainting you, that
Mr John Adams, a member of Congress, appointed to succeed Mr Deane in
this commission, is safely arrived here. He came over in the Boston, a
frigate of 30 guns, belonging to the United States. In the passage
they met and made prize of a large English letter of marque ship of 14
guns, the Martha, bound to New York, on whose cargo £70,000 sterling
were insured in London. It contains abundance of necessaries for
America, whither she is despatched, and we hope she will get well into
one of our ports.
Mr Adams acquaints us, that it had been moved in Congress to send a
minister to Holland, but that although there was the best disposition
towards that country, and desire to have and maintain a good
understanding with their High Mightinesses, and a free commerce with
their subjects, the measure was respectfully postponed for the
present, till their sentiments on it could be known, from an
apprehension, that possibly their connexions with England might make
the receiving an American minister as yet inconvenient, and (if
Holland should have the same good will towards us) a little
embarrassing. Perhaps, as our independency begins to wear the
appearance of greater stability, since our acknowledged alliance with
France, that difficulty may be lessened. Of this, we wish you to take
the most prudent methods privately to inform yourself. It seems
clearly to be the interest of Holland to share in the rapidly growing
commerce of their young sister republic, and as, in the love of
liberty, and bravery in defence of it, she has been our great example,
we hope circumstances and constitutions, in many respects so similar,
may produce mutual benevolence, and that the unfavorable impressions
made on the minds of some in America, by the rigor with which supplies
of arms and ammunition were refused them in their distress, may soon
be worn off and obliterated by a friendly intercourse and reciprocal
good offices.
When Mr Adams left America, which was about the middle of February,
our affairs were daily improving, our troops well supplied with arms
and provisions, and in good order, and the army of General Burgoyne
being detained for breaches of the capitulation, we had in our hands
above 10,000 prisoners of the enemy.
We are, Sir, your most obedient humble servants,
B. FRANKLIN,
ARTHUR LEE.
* * * * *
TO MR. JOHN ROSS.
Passy, April 13th, 1778.
Sir,
The papers you mention are in the disposition of Mr William Lee, who
is gone to Germany. It is therefore not in our power to comply with
what you desire. Neither are we able to make you any further advances.
We wish you would send us, with all convenient expedition, copies of
the invoices and bills of lading for those goods, which were paid for
with the money we formerly furnished you. We do not think it within
our province to make an entire settlement with you. The money in Mr
Schweighauser's hands, which you say is under the direction and order
of Mr R. Morris, ought to be disposed of according to those orders.
The trade being now free from this country, it seems improper to us to
give the passports you ask.
We are, Sir, your most obedient servants,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
_P. S._ Mr William Lee is at Frankfort, where a letter from you may
possibly find him, but his stay there is very uncertain.
* * * * *
FROM THE COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM BINGHAM, AT
MARTINIQUE.
York, 16th April, 1778.
Sir,
Herewith you have a copy of what I did myself the pleasure of writing
to you, on the 2d of last month; since which time we have received
your favors of January 14th and 26th, February 8th and 21st. Your
draft of £23,554. 9s. 9d. in favor of the Secret (now Commercial)
Committee, has been duly paid. The four first charges in your account
current, like many other sums on similar occasions here, have been
expended to no sort of profit to the Continent; but I hope we have
seen the last of such expenses. Your situation must have been very
disagreeable indeed, in consequence of the failure of remittances from
hence. Large quantities of tobacco have been long stored; but our bays
and coasts are so infested by the enemy's ships of war, that it is
impossible for us to conduct agreeably to our earnest wishes, of
maintaining the best credit in our commercial concerns abroad. It is
probable, that a commercial board, not members of Congress, will be
very soon established; so that the whole time of the conductors may be
spent in exertions for the public benefit, in that branch of
Continental business.
The want of intelligence from our Commissioners at Paris, makes it
improper for us to draw largely on them at present; therefore, you
must content yourself with the economical bounds of the power, which
is given to you by the within resolve of Congress of this day. Be
assured, that all possible attempts will be made for your relief, by
remittances of our produce.
I find it impossible to convey to you anything of a plan of operations
for this campaign. The enemy, having the sea open to them, must have
the lead in military matters; we must oppose, or follow them, just as
they think fit, either to attempt an advance or to retire. It is
hardly probable they will again attack New England without large
reinforcements.
Our correspondent at the Hague is very regular, but his intelligence
is never in season to form the ground of any of our proceedings. We
have packets from him in continuance to the letter Y, December 16th,
though our Commissioners have not been able to convey one safely since
May last. It is strange that they cannot succeed through you. But,
indeed, you appear also to know but little of them.
Mr Deane being wanted here, Mr John Adams sailed the 17th of February,
to take his place at the Court of Versailles. It is probable you will
hear of his arrival before this reaches you. It seems needless to
desire you to give us early notice of that, and other foreign
intelligence. Your usual punctuality needed not the spur of the
information, which I have given you of our present great ignorance of
the situation and transactions of the gentlemen at Paris.
I am, with much regard, your friend and humble servant,
JAMES LOVELL,
_For the Committee of Foreign Affairs_.
* * * * *
FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.
York, 16th April, 1778.
Gentlemen,
This, with my affectionate wishes for your prosperity, may serve to
acquaint you, that Congress has this day resolved, "That William
Bingham, agent for the United States of America, now resident in
Martinique, be authorised to draw Bills of Exchange, at double usance,
on the Commissioners of the United States at Paris, for any sums not
exceeding in the whole one hundred thousand livres tournois, to enable
him to discharge debts by him contracted on account of the said
States, for which draft he is to be accountable." Mr Bingham will
forward the American Gazettes, with this billet of advice, and tell
you why we have enabled him to draw upon you, when we have stores of
produce in magazines for exportation. He will also inform you of our
anxiety to know something of your proceedings and prospects, an
uncommon fatality having attended your despatches ever since the month
of May last.
I am, with much esteem, &c.
JAMES LOVELL,
_For the Committee_.
* * * * *
M. DE SARTINE TO COUNT DE VERGENNES.
Translation.
Versailles, April 26th, 1778.
Sir,
I have received your letter of the 20th instant, accompanied by the
translation of the representations addressed to you by the American
Commissioners, relative to the fears of the merchants of Bordeaux and
Nantes, who have hitherto transacted business with America, and by
the request of the Commissioners, with regard to the protection of
that commerce. For nearly a month, the French coast along the Bay of
Biscay, and a part of that on the channel, have been guarded by twenty
frigates and corvettes distributed in the open sea, as well as along
the entrances of harbors and rivers. Those stationed at the latter
places, take under their protection the French and American ships
which sail from those points, and convoy them beyond the Capes. If
they meet any vessels inward bound, they convoy them to the entrance
of the harbors.
The frigates stationed further out at sea, are employed in chasing
away the Guernsey and Jersey privateers, which are a great
interruption to commerce. The same orders have been issued in the
Colonies, where the frigates there stationed convoy the French and
American vessels from the coasts. The reports made to me assure me,
that these orders are promptly executed, and that the protection is
extended as fully to American as to French vessels. You will agree
with me, that this kind of protection is for the present the only one,
which it is possible to give to commerce; and that convoys to America
would be impracticable under present circumstances, and are always
insecure, and subject to great inconveniences. To protect the coasts,
to assure a free access to the harbors, to remove the privateers, and
afford a convoy beyond the Capes; these aids commerce requires, and
has a right to expect, and they have long since been provided by the
orders of his Majesty. The Commissioners cannot reasonably complain
when in this respect the American vessels are on an equal footing with
those of his Majesty's subjects.
I have the honor to be, &c.
DE SARTINE.
* * * * *
FROM THE COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM BINGHAM.
York, 26th April, 1778.
Sir,
Herewith you have in triplicate and copy of my former letters. I now
send you the proceedings of Congress upon an appearance of the
draughts of two bills, said to have been read to the British
Parliament. Since Congress took notice of them, Governor Tryon has
sent out from New York copies of them, with greater marks of
authenticity than those bore which first came to hand. He certifies,
that he "has his Majesty's command to cause them to be printed and
dispersed, that the people at large may be acquainted with the
contents, and of the favorable disposition of Great Britain towards
the American Colonies." I will not attempt to lead your judgment upon
these proceedings of our enemies. I will only add one anecdote of
their late conduct, nearly allied to that of counterfeiting our
Continental currency. They have published, in all our forms, a forged
Resolve of Congress, purporting a consignment of power to General
Washington, to detain in his army, _during the war_, all militia men
who have enlisted or been draughted for nine months or a year; and to
treat as deserters such as attempt to leave him at the expiration of
their present agreement. Perhaps you will see this properly
stigmatized in some of our eastern papers conveyed in the vessel,
which may carry this assurance of my being, with much regard, sir,
your friend and humble servant,
JAMES LOVELL,
_For the Committee_.
* * * * *
FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.
York, 30th April, 1778.
Gentlemen,
By the Gazettes, which accompany this letter, you will see, that the
enemy are entering upon a plan, which must shortly perplex us much,
unless we receive despatches from you, to enlighten us as to your
situation and transactions, of which we have had no information since
the latter end of May. As we have heard of the loss of Captain
Johnston and Captain Wickes, and know that John Folger was robbed, we
cannot charge our present want of letters to negligence in you; but we
think you should not rest satisfied without sending triplicates of all
your despatches. The Commercial Committee will transmit to you the
contract, which they have entered into with the agent of the house of
_Roderique Hortalez & Co._ the heads of which contract happening to be
at hand are enclosed.
We have read a letter written by a friend, dated House of Commons,
February 13th, in which we are told, that you had concluded a treaty
with France and Spain, which was on the water towards us. Imagine how
solicitous we are to know the truth of this, before we receive any
proposals from Britain, in consequence of the scheme in Lord North's
speech, and the two draughts of bills now sent to you. The state of
our foreign connexions is a subject now before Congress; and, dubious
as we are about your transactions, some resolutions will probably be
formed to be transmitted to you by a special conveyance shortly, when
a general account of our affairs will also be sent. We have little
uneasiness about the strength of our enemy. Our currency must be
supported in due credit, after which we may bid defiance to Britain,
and all her German hirelings. We wish every advice and assistance from
you for the support of such credit.
I am, with great regard, &c.
JAMES LOVELL,
_For the Committee of Foreign Affairs_.
* * * * *
TO M. DUMAS.
Yorktown, 14th May, 1778.
Sir,
Your several favors, down to the letter Y, had come to our hand before
the 2d instant, on which day we received despatches from our
Commissioners in France, after an interruption of eleven months.
Judge, therefore, sir, how very agreeable your letters must have been
to us, though you wrote but briefly, always supposing that we received
more full accounts of European politics from our friends at Paris.
We observe, with great pleasure, that the States of Holland are
discovering a proper spirit in the conduct of their commerce, by
granting convoys, in consequence of the insolent behavior of their
British neighbors. The magnanimous conduct of His Most Christian
Majesty must have great influence upon all around him. We doubt not of
your hearty congratulations upon the success of our cause, which you
so early and warmly espoused, and which you have aided with such
judgment and resolution by your pen. We shall write particularly to
the gentlemen at Paris, respecting the injuries you have received from
our enemies, and shall instruct them to pay the strictest attention
to our engagements made to you at the commencement of our
correspondence.
We must refer you to the prints now sent and to our Commissioners, for
the general state of our affairs, only remarking here, that we were
actuated in our proceedings on the 22d of April entirely by the
uniform spirit, which we have maintained ever since the 4th of July,
1776, being not then acquainted with the favorable state of our cause
in France, as an uncommon fatality had attended the letters of our
friends for nearly a whole year, before the arrival of their present
important packet.
We are, with much esteem, &c.
RICHARD MORRIS,
RICHARD H. LEE,
JAMES LOVELL.
* * * * *
FROM THE COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM BINGHAM.
York, 14th May, 1778.
Sir,
At length, on the 2d instant, we received despatches from our
Commissioners at Paris, with treaties of alliance and commerce,
concluded on the 6th of February between France and these United
States. They were ratified here on the 4th of this month, and the
prints herewith sent to you will show the principles upon which they
are founded. We are persuaded you will greatly partake of the
satisfaction, which we feel on this occasion.
We do not find by the letters, which we have received, that Congress
may venture to enlarge the power that was given to you by the resolve
of April 16th.[50] But it becomes less necessary that you should be
furnished in that way, as commerce will, in all human probability, be
more easily carried on between this continent and your islands now,
than for some time past.
Great hurry of business must be an excuse for our brevity at this
time, though it would not warrant an omission of sending you our
congratulations and the Gazettes.
We are, with much regard, &c.
ROBERT MORRIS,
RICHARD HENRY LEE,
JAMES LOVELL.
FOOTNOTES:
[50] "_Resolved_, that Mr William Bingham, agent of the United States
of America, now resident in Martinique, be authorised to draw bills of
exchange at double usance, on the commissioners of the United States
in Paris, for any sums not exceeding in the whole 100,000 livres
turnois, to enable him to discharge debts by him contracted on
account of the said States; for which drafts he is to be
accountable."--_Journals of Congress._
* * * * *
FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.
York, 14th May, 1778.
Gentlemen,
Our affairs have now a universally good appearance. Every thing at
home and abroad seems verging towards a happy and permanent period. We
are preparing for either war or peace. For although we are fully
persuaded, that our enemies are wearied, beaten, and in despair, yet
we shall not presume too much on that persuasion, and the rather,
because it is our fixed determination to admit no terms of peace, but
such as are fully in character with the dignity of independent States,
and consistent with the spirit and intention of our alliances on the
continent of Europe. We believe, and with great reason too, that the
honor and fortitude of America have been rendered _suspicious_ in
Europe, by the arts, intrigue, and specious misrepresentations of our
enemies there. Every proceeding and policy of ours have been tortured,
to give some possible coloring to their assertions of a _doubtful
disposition_ in America, as to her perseverance in maintaining her
independency, and perhaps the speeches of many of the minority of both
Houses in the English Parliament, who seem to persist in the
probability of a reconciliation, may have contributed towards a
continuance of that suspicion. But we, at this particular time, feel
ourselves exceedingly happy in a proof, from the accidental
arrangement of circumstances, such as we could neither foresee nor
alter, that the disposition of America on that head was fixed and
final. For this proof we desire your attention to what follows.
The English Ministry appear to have been very industrious in getting
over to America, as soon as possible, their two conciliatory bills,
even before they had been once read; the reason of which haste we did
not then see; but the arrival of your despatches since, with the
treaties, has unriddled that affair. General Howe was equally
industrious, in circulating them by his emissaries through the
country, and likewise sent them under a flag to General Washington,
who immediately despatched them to Congress on the ---- of April. They
were in themselves truly unworthy of the attention of that public
body; but lest the silence of Congress should be misunderstood, or
furnish the enemy with new ground for false insinuation, they were
referred to a committee, whose judicious and spirited report thereon
was unanimously approved in the House on the 22d, then published and
circulated through the several States with all possible expedition.
The despatches, in charge of Mr Simeon Deane, did not arrive till the
2d of May, ten days after the said reports were published; and his
expedition in bringing his papers to Congress prevented any
intelligence from arriving before him. Enclosed are the reports
referred to, which we recommend to your attention to make as public as
possible in Europe, prefacing them with such an explanatory detail of
the before mentioned circumstances, as shall have a tendency to place
the politics of America on the firm basis of national honor,
integrity, and fortitude.
We admire the wisdom and true dignity of the Court of France, on their
part of the construction and ratification of the treaties between us.
They have a powerful tendency to dissolve effectually that narrowness
of mind, which mankind have been too unhappily bred up in. Those
treaties discover the politician founded on the philosopher, and a
harmony of affections made the groundwork of mutual interest. France
has _won_ us more powerfully than any reserved treaties could possibly
_bind_ us, and by one generous and noble act has sown the seeds of an
eternal friendship.
It is from an anxiety to preserve inviolate this cordial union, so
happily begun, that we desire your particular attention to the 11th
and 12th articles of the treaty of amity and commerce. The unreserved
confidence of Congress in the good disposition of the Court of France,
will sufficiently appear, from their having unanimously first ratified
those treaties, and then trusted any alteration, which may be proper
to be made, to after mutual negotiations. We are apprehensive, that
the general and undefined line of the 12th article may in future be
misunderstood, or rendered inconvenient or impracticable, and so
become detrimental to that good friendship, which we wish ever to
subsist. To prevent this, you will herewith receive instruction and
authority for giving up, on our part, the whole of the 11th article,
proposing to the Court of France the rescinding, on their part, of the
whole of the 12th article, those two being intended as reciprocal
balances to each other.
It is exceedingly disagreeable to Congress, to find there has been
misconduct in any of the commanders of armed vessels under the
American flag. Every authentic information of that kind will be
strictly attended to, and every means be taken to punish the offenders
and make reparation to the sufferers. The chief consolation we find in
this unpleasing business is, that the most experienced States have not
been able to restrain the vices and irregularities of individuals
altogether. Congress has published a proclamation for the more
effectually suppressing and punishing such malpractices. But we are
rather inclined to hope, that as the line of connexion and friendship
is now clearly marked, and the minds of the seamen thereby relieved
from that inexplicable mystery respecting their real prizes, which
before embarrassed them, such irregularities will be less frequent, or
totally cease, to which end the magnificent generosity of the King of
France to the owners of the prizes, which for reasons of State had
been given up, will happily contribute.
We are, Gentlemen, your very humble servants,
R. H. LEE,
JAMES LOVELL.
* * * * *
TO M. DE SARTINE.
Passy, May 14th, 1778.
Sir,
In the several cruises made by Captains Wickes, Johnston, Cunningham,
and others of our armed vessels, on the coast of Great Britain, it is
computed that between four and five hundred prisoners have been made
and set at liberty, either on their landing in France, or at sea,
because it was understood, that we could not keep them confined in
France. When Captain Wickes brought in at one time near a hundred, we
proposed to Lord Stormont an exchange for as many of ours confined in
England; but all treaty on the subject was rudely refused, and our
people are still detained there, notwithstanding the liberal
discharges made of theirs, as above mentioned. We hear that Captain
Jones has now brought into Brest near two hundred, whom we should be
glad to exchange for our seamen, who might be of use in expeditions
from hence; but as an opinion prevails, that prisoners of a nation
with which France is not at war, and brought into France by another
power, cannot be retained by the captors, but are free as soon as they
arrive, we are apprehensive, that these prisoners may also be set at
liberty, return to England, and serve to man a frigate against us,
while our brave seamen, with a number of our friends of this nation,
whom we are anxious to set free, continue useless and languishing in
their gaols.
In a treatise of one of your law writers, entitled _Traités des Prises
qui se font sur Mer_, printed 1763, we find the above opinion
controverted, p. 129, § 30, in the following words; "Hence it seems,
that it is not true, as some pretend, that from the time a prisoner
escapes, or otherwise reaches the shore of a neutral power, he is
absolutely free. It is true, he cannot be retaken without the consent
of that power, but such a power would violate the laws of neutrality
if it should refuse its consent. This is a consequence of the asylum
of the ship in which the prisoner or hostage was contained."
We know not of what authority this writer may be, and therefore pray a
moment of your Excellency's attention to this matter, requesting your
advice upon it, that if it be possible, some means may be devised to
retain these prisoners, till as many of ours can be obtained in
exchange for them.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.
York, 15th of May, 1778.
Gentlemen,