attended to as soon as possible. We have received also the resolution
of Congress of the 9th of February, and the letter of the Committee of
the same date, empowering us to appoint one or more suitable persons
as commercial agents, for conducting the commercial business of the
United States in France, and other parts of Europe. But as this power
was given us before Congress received the treaty, and we have never
received it but with the ratification of the treaty, and as by the
treaty Congress is empowered to appoint consuls in the ports of
France, perhaps it may be expected from us, that we should wait for
consuls. At present, Mr John Bonfield of Bordeaux, and Mr J. D.
Schweighauser at Nantes, both by the appointment of Mr William Lee,
are the only persons authorised as commercial agents. If we should
find it expedient to give appointments to any other persons, before we
hear from Congress, we will send information of it by the first
opportunity. If Congress should think proper to appoint consuls, we
are humbly of opinion, that the choice will fall most justly as well
as naturally on Americans, who are, in our opinion, better qualified
for this business than any others, and the reputation of such an
office, together with a moderate commission on the business they may
transact, and the advantages to be derived from trade, will be a
sufficient inducement to undertake it, and a sufficient reward for
discharging the duties of it.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
FOOTNOTES:
[51] Private Agent for American Affairs in Holland.
* * * * *
_The Functions of Consuls_,
Are to maintain in their department the privileges of their nation
according to treaties.
To have inspection and jurisdiction, as well civil as criminal, over
all the subjects of their States who happen to be in their department,
and particularly over commerce and merchants.
This sort of commission is not given, but to persons above thirty
years of age.
Those appointed should cause their powers to be registered in the
nearest Court of Admiralty, and in the Chamber of Commerce, if there
is one, near the place of their residence.
On his arrival there, the Consul should publish his powers in the
assembly of merchants of his country happening to be there at the
time, and put them on the records of the Consulate.
When there is any question that affects the general affairs of the
commerce of his nation, he ought to convoke all the merchants and
masters of vessels of his nation then in the place, who are obliged to
attend, under penalty, according to the resolutions taken in these
assemblies; the Consul issues orders which ought to be executed, and
of which he should send copies every three months to the Lieutenant
General of the nearest Admiralty and Chamber of Commerce.
The jurisdiction of Consuls extends to several objects, for he not
only supplies the place of a Court of Admiralty, but also of a common
court of justice.
In civil matters the judgments are to be executed, provisional
security being given for the sum adjudged; in criminal matters
definitively and without appeal, if given with two of the principal
merchants of his country assisting, except where corporal punishment
appertains to the crime, in which case the process and proofs are to
be drawn up by the Consul, and sent with the criminal by the first
vessel of the nation, to be judged by the proper authority in the
first port thereof where he arrives.
The Consul may also oblige any of his nation to depart, if they
behave scandalously, and captains are obliged to take them, under a
penalty.
If the Consul has any difference with the merchants of the place, the
parties are to appear in the next Court of Admiralty, and the cause is
to be there adjudged.
The Consul has a clerk, who keeps an office, in which all the acts of
the Consulate are registered. He names also the officers who execute
his precepts, and takes their oaths. If war happens, the Consuls
retire.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Passy, 23d July, 1778.
Sir,
We have just received a message from the Count de Vergennes, by his
secretary, acquainting us that information is received from England,
of the intention of the cabinet there to offer, (by additional
instructions to their commissioners) independence to the United
States, on condition of their making a separate peace, relying on
their majority in both Houses for approbation of the measure. M. de
Vergennes upon this intelligence requests, that we would write
expressly to acquaint the Congress, that though no formal declaration
of war has yet been published, the war between France and England is
considered as actually existing, from the time of the return of the
Ambassadors; and that if England should propose a peace with France,
the immediate answer to the proposition would be, "our eventual treaty
with the United States is now in full force, and we will make no peace
but in concurrence with them." And we have given it as our firm
opinion, that such an answer will be given by you without the least
hesitation or difficulty, though you may not have been informed
before, as you now are, that war being actually begun, the eventual
treaty is become fully and completely binding.
We are, with great respect, &c.
B. FRANKLIN,
JOHN ADAMS.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Passy, 29th July, 1778.
Sir,
Mr Livingston received a commission from us, as Lieutenant of the
Boston, and made a cruise in her, in which he had the good fortune to
take four prizes. He is now obliged to leave the ship, but we have the
pleasure of a letter from Captain Tucker, in which he gives us a
handsome character of Mr Livingston, and of his conduct during the
cruise. We have also a good opinion of him, and recommend him to the
favor of Congress.
We are, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
TO THE COMMITTEE OF FOREIGN AFFAIRS.
Passy, 29th July, 1778.
Gentlemen,
We have the honor of your letters of May 14th and 15th. We
congratulate you on the general good appearance of our affairs, and we
are happy in your assurances, that it is your fixed determination to
admit no terms of peace, but such as are consistent with the spirit
and intention of our alliance with France, especially as the present
politics of the British cabinet aim at seducing you from that
alliance, by an offer of independence, upon condition you will
renounce it, a measure that will injure the reputation of our States
with all the world, and destroy their confidence in our honor.
No authenticity from Congress to make an alteration in the treaty, by
withdrawing the 11th and 12th articles, has yet reached us. But we
gave an extract of your letter to the Count de Vergennes, when we
exchanged ratifications, who expressed an entire willingness to agree
to it. We wish for the powers by the first opportunity. We have not
yet seen M. Beaumarchais, but the important concern with him shall be
attended to as soon as may be.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
M. DE SARTINE TO THE COMMISSIONERS.
Translation.
Versailles, 29th July, 1778.
Gentlemen,
I have received the letter, which you did me the honor to transmit on
the 16th instant. His Majesty relies greatly on the succors of
provisions, which the government of Massachusetts Bay may furnish the
islands of St Pierre and Miquelon.
The difficulties which the privateers of the United States have
experienced till now in the ports of France, either as to the sale of
their prizes, or to secure their prisoners, must cease, from the
change of circumstances. I make no doubt on the other hand, but that
the United States will grant the same facilities to French privateers.
To accomplish this double object, I have drafted a plan of
regulations, which I earnestly request you to examine, and to note
what you think of it; or even to point out such other means as may
answer the same purpose, so that I may receive his Majesty's orders. I
have the honor to be, &c.
DE SARTINE.
* * * * *
TO M. DE SARTINE.
Passy, August 13th, 1778.
Sir,
Your Excellency's letter of the 29th of July, enclosing a plan for a
system of regulations for prizes and prisoners, we had the honor of
receiving in due time, and are very sorry it has remained so long
unanswered.
In general, we are of opinion, that the regulations are very good; but
we beg leave to lay before your Excellency the following observations.
Upon the 2d article we observe, that the extensive jurisdiction of the
Judges of Admiralty in America, which, considering the local and other
circumstances of that country, cannot easily be contracted, will
probably render this regulation impracticable in America. In France it
will, as far as we are able to judge of it, be very practicable, and
consequently beneficial. But we submit to your Excellency's
consideration, whether it would not be better in America after the
words "_les dites Juges_" to add,--or the Register of the Court of
Admiralty, or some other person authorized by the Judge. The
jurisdiction of the Court of Admiralty in America extending for some
hundred miles, this regulation would be subject to great delays, and
other inconveniences, if it was confined to the Judge. The 4th article
seems to be subject to the same inconveniencies, and therefore to
require the same amendment.
Upon the 14th article, we beg leave to submit to your Excellency's
consideration, whether the heavy duties upon British merchandise and
manufactures, if these are to be paid upon prize goods, will not
operate as a great discouragement to the sale of prizes made by
American cruisers; and whether it would be consistent with his
Majesty's interest to permit merchandise and manufactures, taken in
prizes made by Americans, to be stored in his Majesty's warehouses, if
you please, until they can be exported to America, and without being
subject to duties.
We know not the expense, that will attend these regulations and
proceedings in the courts of this kingdom; but as the fees of office
in America are very moderate, and our people have been accustomed to
such only, we submit to your Excellency whether it will not be
necessary to state and establish the fees here, and make the
establishments so far public, that Americans may be able to inform
themselves.
As we are not well instructed in the laws of this kingdom, or in the
course of the courts of Admiralty here, it is very possible that some
inconveniencies may arise in the practice upon these regulations,
which we do not at present foresee; if they should, we shall beg leave
to represent them to your Excellency, and to request his Majesty to
make the necessary alterations.
We submit these observations to your Excellency's superior wisdom, and
have the honor to be, with sentiments of the most perfect respect,
your Excellency's most obedient and most humble servants,
ARTHUR LEE,
JOHN ADAMS.
_P. S._ Dr Franklin concurs with us in these sentiments, but as he is
absent, we are obliged to send the letter without his subscribing.
* * * * *
JOHN PAUL JONES TO THE COMMISSIONERS.
Brest, August 15th, 1778.
Gentlemen,
I have now been five days in this place since my arrival from Passy,
during which time I have neither seen or heard from Lieutenant
Simpson. But Mr Hill, who was last winter at Passy, and sailed with me
from Nantes, informs me truly, that it is generally reported in the
Ranger, and of course through the French fleet and on shore, that I am
turned out of the service, and that you, gentlemen, gave Mr Simpson my
place with a Captain's commission; that my letter of the 16th of July
to you was involuntary on my part, and in obedience only to your
orders to avert dreadful consequences to myself. These, gentlemen, are
not idle, ill-grounded conjectures, but melancholy facts; therefore, I
beseech you, I conjure you, I demand of you, to afford me
redress--redress by a Court Martial, to form which we have now a
sufficient number of officers in France, with the assistance of
Captain Hinman, exclusive of myself. The Providence and the Boston are
expected here very soon from Nantes, and I am certain that they
neither can nor will depart again, before my friend, Captain Hinman,
can come down here, and it is his unquestioned right to succeed me in
the command of the Ranger.
I have faithfully and personally supported and fought for the
dignified cause of human nature, ever since the American banner first
waved on the Delaware, and on the ocean. This I did when that man did
not call himself a Republican, but left the Continent, and served its
enemies; and this I did, when that man appeared dastardly backward,
and did not support me as he ought.
I conclude, by requesting you to call before you, and examine for your
own satisfaction, Mr Edward Meyers, who is now at the house of the
Swedish Ambassador, and who, having been with me as a volunteer, can
and will, I am persuaded, represent to you the conduct of the officers
and men towards me, both before I left Brest, and afterwards in the
Irish channel, as well as my conduct towards them.
I have the honor to be, with sentiments of due respect and esteem,
your very obliged and very humble servant,
JOHN PAUL JONES.
* * * * *
M. DE SARTINE TO THE COMMISSIONERS.
Translation.
Versailles, 16th August, 1778.
Gentlemen,
I take the earliest opportunity to answer the observations addressed
to me in the letter, which you did me the honor to write me the 13th
instant, on the project of a regulation for the prizes and prisoners
of the respective United States. I conceive that I have fulfilled the
object by digesting anew the 2d and 14th articles, of which I annex
another text, with copies of the different laws that have been lately
published respecting prizes. Moreover, I will at all times receive
with pleasure your representations of the inconveniences which may
attend, in your opinion, the execution of the regulation, and you may
be assured that his Majesty will be always disposed to grant the
inhabitants of the United States every facility, compatible with the
interests of his finances and the commerce of his subjects.
I have the honor to be, &c.
DE SARTINE.
* * * * *
_Regulations for Prizes and Prisoners._
By the King.
His Majesty, desirous of making known his intentions, as well with
respect to the prizes, which his subjects may carry into the ports of
the United States of America, as also respecting admitting into his
own ports the prizes made by American privateers, and calculating on
the perfect equality which constitutes the basis of his engagements
with the said United States, he has ordained and does ordain as
follows.
ARTICLE I. French privateers shall be permitted to conduct and cause
to be conducted, the prizes made from his Majesty's enemies, into the
ports of the United States of America, to repair them so as to proceed
again to sea, or to sell them definitively.
ARTICLE II. In the case of simple anchoring, the conductors of prizes
shall be bound to make before the Judges of the place, a summary
declaration containing the circumstances of the capture and motives of
anchoring, and to request the said Judges to go on board the captured
prizes and seal up such places as may admit of it, and make out a
short description of what cannot be contained under the said seals,
the state of which shall be verified in France by the officers of the
admiralty, on the copy which the officer conducting the prize shall be
obliged to report.
ARTICLE II., _amended_. In case of simple anchoring, the Captains
conducting the prizes shall be bound to make before the Judges of the
place, their secretaries, or other persons authorised by them, a
summary declaration containing the circumstances of the capture and
motives of anchoring, and to request the said Judges, their
secretaries, and other persons authorised by them, to go on board the
captured vessels, and seal up such places as may admit of it, and make
out a short description of what cannot be contained under such seals,
the state of which shall be verified in France by the officers of the
admiralty, on the copy of which the officer conducting his prize shall
be bound to report.
ARTICLE III. His Majesty, nevertheless, permits captains conducting
prizes to sell in the ports of the United States, either perishable
merchandise, or such other as may supply the wants of the vessels
during the time of their stay, the said conductors of prizes shall be
bound to ask permission from the Judges of the place for this purpose
in the ordinary form, and proceed to the sale by the public officers
appointed for that purpose, and to report copies, as well of the
proceedings as of the verbal process of the sale.
ARTICLE IV. The prize-masters, who shall be authorised by the owners
or captains of the capturing privateer to sell the said prizes in the
ports of the United States, shall be obliged to make before the Judges
a detailed report, which shall afterwards be verified in the hearing
of at least two of their crew, and to request the said Judges to go
directly on board of the prizes to make out a verbal process, seal up
the hatches and cabin, take an inventory of what cannot be sealed, and
appoint sequestrators. Which Judges shall proceed afterwards to
interrogate the captain, officers, and other persons of the crew of
the captured vessel to the number of two or three, or more if it is
judged necessary, and shall translate the useful papers on board if
there are interpreters, and annex compared copies of the said useful
papers to the minutes of the proceedings, to have recourse to them in
case of necessity, as is prescribed for prizes conducted into the
ports of the Kingdom by the 42d article of the declaration of the 24th
of June last.
ARTICLE V. As soon as the copies of the said proceedings, and the
original papers and translations shall have been addressed to the
Secretary-General of the Marine at Paris, for process in judgment by
the Council of Prizes, the captain or his agent may require the
provisional sale of the merchandise and effects subject to perishing,
and even the definitive sale of the prizes and all the merchandise of
their cargoes, whenever they shall evidently appear the enemy's
property, from the papers on board and the interrogatories of the
prisoners, in the manner that shall be ordered by the Judges of the
places, and as is prescribed for prizes conducted into the ports of
the kingdom by the 45th article of the said declaration of the 24th of
June last.
ARTICLE VI. The discharge, inventory, sale, and delivery of the said
prizes and merchandise shall be made agreeable to the formalities
practised in the ports of the United States. The captains, conductors
of prizes, shall be bound to report the particular liquidations or
summary statements of the proceeds of the said prizes and expenses
incurred on their account, that the said particular liquidations or
summary statements may be deposited by the owner or the secretary of
the Admiralty, at the place of outfit, agreeable to the 57th article
of the declaration of the 24th of June last, to which secretary the
judgments and prize papers shall be sent, in order to be registered.
ARTICLE VII. All the prisoners that shall be found on board either of
the French privateers, that shall come to anchor in the ports of the
United States, or on board the prizes which shall be brought there,
shall be immediately delivered to the governor or magistrate of the
place, to be secured in the name of the King, and maintained at his
expense, as shall likewise be done in the French ports, with respect
to the prisoners made by the American privateers. The captains who
carry back their prizes, to be sold in the ports of the kingdom, shall
nevertheless be bound to carry with them two or three principal
prisoners, in order to be interrogated by the officers of the
Admiralty who shall make the inquiry.
ARTICLE VIII. The privateers of the United States may conduct, or
cause to be conducted, their prizes into the ports belonging to his
Majesty, whether for the purpose of anchoring and remaining there,
until they are in a condition to proceed again to sea, or for the
purpose of selling them definitively.
ARTICLE IX. In case of simple anchoring, the prize-masters shall be
bound to make, within twentyfour hours after arrival, their
declaration before the officers of the Admiralty, who shall go on
board of the vessels, in order to seal up such places as may admit of
it, and to make a brief description of what cannot be comprehended
under the said seals, without allowing any thing to be landed from on
board of the said prizes, under the penalties contained in his
Majesty's arrets and regulations.
ARTICLE X. His Majesty nevertheless permits the said American
privateers to sell in his ports, either the perishable merchandise, or
such other, in order to defray the expenses of the vessels during the
time of their being in port, charging them to request permission from
the officers of the Admiralty, in presence of whom the said sale shall
be made.
ARTICLE XI. When the subjects of the United States would wish to sell
their prizes in the ports of the kingdom, the captain who shall have
made the prize, or the officer intrusted with bringing it in, shall be
bound to make before the officers of the Admiralty a detailed report,
which shall be verified in the hearing of at least two of their crew;
the officers of the Admiralty shall go immediately on board of the
prize to make out a verbal process, seal the hatches and cabins, make
an inventory of what cannot be sealed, and appoint keepers; they shall
afterwards proceed to interrogate the captains, officers, and other
people belonging to the crew of the prize; shall cause the useful
papers on board to be translated, of which they shall annex compared
copies to the minutes of the proceedings; and the original and
translated pieces, as also the copies of the said proceedings, shall
be sent to the deputies of the United States at Paris.
ARTICLE XII. The captains, conductors of prizes, or their agents, may
request the officers of the Admiralty to proceed to the provisional
sale of such merchandise and effects as are subject to perish, and
even to the definitive sale of the prizes and of all their merchandise
on board, when they shall appear to have belonged to the enemy, from
the papers on board and the information of the prisoners, in the same
manner as is prescribed for the prizes taken by French privateers, by
the 45th article of the declaration of the 24th of June last.
ARTICLE XIII. The discharge, inventory, sale, and delivery of the said
prizes shall be made in presence of the officers of the Admiralty,
whose fees, either for discharging, inventory, or sale, shall be
reduced one half, agreeable to the terms of the 52d article of the
declaration of the 24th of June last. The said officers shall not
proceed to a particular liquidation of the proceeds of the prizes
until they shall be required by the parties concerned, and in every
case where the delivery of several copies is required, no more shall
be paid to the register for the second and third, than the price of
the stamped paper and the expense of writing.
ARTICLE XIV. It is his Majesty's pleasure, that the arret of his
Council, by which, agreeable to the second article of the 24th of June
last, it shall be determined what kind and quality of merchandise,
proceeding from prizes, shall be consumed in the kingdom, as also what
duties they shall be subject to, shall likewise extend to the
merchandise proceeding from prizes taken by American privateers, who
are charged to fulfil the formalities prescribed by the arrets and
regulations.
ARTICLE XIV., _amended_. It is his Majesty's pleasure that the arret
of his Council, by which, agreeable to the second article of the 24th
of June last, it shall be determined what kind and quality of
merchandise, proceeding from prizes, shall be consumed in the kingdom,
as also what duties they shall be subject to, shall likewise extend to
the merchandise proceeding from prizes taken by American privateers,
who are charged to fulfil the formalities prescribed by the arrets and
regulations, especially with respect to the merchandise which they
would export, whether to the ports of the United States, or to all
other foreign countries, and that they shall be permitted for this
purpose to keep them during a year, in the magazines of deposit, free
from all duty.
ARTICLE XV. The American privateers may deliver in the ports, to the
commissioners of the ports and arsenals of the marine, the prisoners
they may have on board; his Majesty will give orders that the said
prisoners shall be conducted, guarded, and maintained in the name and
at the expense of the United States.
* * * * *
TO M. DE SARTINE.
Passy, August 18th, 1778.
Sir,