The other things mentioned in the Committee's letter to us shall be

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,

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