Excellency did us the honor to address to us, the 16th of this month.
We have examined with some attention the alterations, which your
Excellency has made in the 2d and 14th articles of the projected
regulations, and are of opinion, that they will remove the
difficulties we apprehended from the first draught.
We thank your Excellency for the obliging expressions of your
readiness to receive any representations, which we may hereafter have
occasion to make, of inconveniencies arising in the execution of these
regulations; which, however, we hope will not occur. We submit the
whole to your Excellency's deliberation and decision, and are, with
sentiments of the sincerest respect, your Excellency's most obedient
humble servants,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
JOHN PAUL JONES TO ABRAHAM WHIPPLE.
Brest, August 18th, 1778.
Sir,
I request that you will summon a court martial for the trial of
Lieutenant Thomas Simpson, with whose conduct I have been and am
unsatisfied, and who is now under suspension for disobedience of my
written orders.
I am, Sir, with due regard, your most humble servant,
JOHN PAUL JONES.
* * * * *
ABRAHAM WHIPPLE TO JOHN PAUL JONES.
Brest, August 19, 1778.
Sir,
I am honored with your letter of this day, requesting that I will
summon a Court Martial for the trial of Lieutenant Thomas Simpson,
with whose conduct you have been and are unsatisfied, and who, you
say, is under suspension for disobedience to your written orders.
Having maturely considered the contents of your letter, and with as
much accuracy as possible attended to every particular, I return for
answer the subjoined reasons, which will at once explain the
impossibility of calling a Court Martial, and fully acquaint you with
my sentiments on that subject.
You are sensible that the Continental regulations have expressly
ordered, that a Court Martial shall consist of at least three
Captains, which is impossible, as Captain Hinman declines to sit, he
expecting a Court of Inquiry upon his own conduct on his arrival in
America, and having assigned a reason of so forcible a nature, I think
he is acting a part at once prudent and becoming.
You will permit the remark, that by Lieutenant Simpson's parole, taken
by yourself June 10th, 1778, Lieutenant Simpson engaged on his parole
of honor to consider himself as under suspension till he shall be
called upon to meet you face to face before a Court Martial, unless
you should, in the meantime, release him from his parole, which I
conceive that you have done by your letter of the 16th of July to the
honorable Commissioners, where you mention that you are willing to let
the dispute drop forever, by giving up that parole, which would
entitle Lieutenant Simpson to the command of the Ranger; that this, as
you bore no malice, would be making him all the present satisfaction
in your power, provided that you had injured him, and that you will
trust to himself to make an acknowledgment, if, on the contrary, he
has injured you. In my opinion, this is giving up his parole in the
most ample manner, as it does not appear to me that you made, by
letter or otherwise, any compact or agreement with Lieutenant Simpson,
that he should make any concessions on his part, or any thing of that
nature, neither that he was to be answerable to a Court Martial when
the supposed crime was blotted out, for which he was at first
responsible.
I believe that the honorable Commissioners accepted it in the same
light, as by their letter of the same date it would seem you gave them
the greatest satisfaction in affording them an opportunity to
reinstate Lieutenant Simpson on board the Ranger. The Commissioners
further order him to take the command of the Ranger, as her first
Lieutenant, and to join me and to obey my orders, all which
sufficiently evinces that Lieutenant Simpson is no longer considered
as under suspension, and consequently cannot be responsible to a Court
Martial for disobedience to written orders from you, from which he is
amply released by your voluntary surrender of his parole. However, if
this explanation, attempted to be made in the most candid manner,
should not prove agreeable, I beg leave to refer you to the absolute
impossibility of calling a Court Martial, agreeable to the resolves of
Congress, and flatter myself that you will believe me to be, with due
respect, Sir, your most obedient and most humble servant,
ABRAHAM WHIPPLE.
* * * * *
TO JOHN PAUL JONES.
Passy, August 22d, 1778.
Sir,
We have received your letter of the 15th, and have written to Captain
Whipple to appoint a Court Martial for the trial of Lieutenant
Simpson, provided there is a sufficient number of officers to
constitute one. This, however, is not to make any change in his
command of the Ranger until the trial is over; nor then, unless the
judgment of that Court is against him.
We are, sir, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
TO COUNT DE VERGENNES.
Passy, August 28th, 1778.
Sir,
There are several subjects which we find it necessary to lay before
your Excellency, and to which we have the honor to request your
attention.
At a time when the circumstances of the war may demand the attention
of government, and, without doubt, call for so great expense, we are
sorry to be obliged to request your Excellency's advice respecting the
subject of money; but the nature of the war in America, the vast
extent of country to defend, and this defence having been made chiefly
by militia engaged for short periods, which often obliged us to pay
more men than could be brought into actual service; and above all,
this war having been conducted in the midst of thirteen revolutions of
civil government, against a nation very powerful both by sea and land,
has occasioned a very great expense to a country so young, and to a
government so unsettled. This has made emissions of paper money
indispensable, in much larger sums than in the ordinary course of
business is necessary, or than in any other circumstances would have
been politic. In order to avoid the necessity of further emissions as
much as possible, the Congress have borrowed large sums of this paper
money of the possessors upon interest, and have promised the lenders
payment of that interest in Europe, and we therefore expect, that
vessels from America will bring bills of exchange upon us for that
interest, a large sum of which is now due.
It is very, true that our country is already under obligations to his
Majesty's goodness, for considerable sums of money; the necessities of
the United States have been such, that the sums, heretofore generously
furnished, are nearly if not quite expended, and when your Excellency
considers, that the American trade has been almost entirely
interrupted by the British power at sea, they having taken as many of
our vessels as to render this trade more advantageous to our enemy
than to ourselves; that our frigates and other vessels, which have
arrived in this Kingdom, have cost us a great sum; that the provision
of clothing and all the necessaries of war for our army, except such
as we could make in that country, have been shipped from hence at our
expense; that the expense we have been obliged to incur for our
unfortunate countrymen, who have been prisoners in England, as well as
the maintenance of those taken from the enemy has been very
considerable; your Excellency will not be surprised when you are
informed, that our resources are exhausted.
We, therefore, hope for the continuance of his Majesty's generosity,
and that the quarterly payment of seven hundred and fifty thousand
livres may be continued. And we assure your Excellency, that the
moment we are furnished with any other means of answering this demand,
we will no longer trespass on his Majesty's goodness.
We have further to inform your Excellency, that we are empowered and
instructed by Congress, to borrow in Europe a sum of money to the
amount of two millions sterling; which is to be appropriated to the
express purpose of redeeming so many of the bills of credit in
America, as will be sufficient, it is apprehended, to restore the
remainder to their original value. We, therefore, request his
Majesty's permission to borrow such part of that sum in his Majesty's
kingdom, as we may find opportunity. Although we are empowered to
offer a larger interest than is usually given, by his Majesty, yet
that we may not be any interruption to his Majesty's service, we are
willing and desirous of limiting the interest which we may offer, to
the same that is given by his Majesty. And in this way, although most
persons will choose to lend their money to his Majesty, yet there may
be others desirous of forming connexions of trade with the people in
America, who will be willing to serve them in this way. And perhaps
nothing will have a greater tendency to cement the connexion between
the two nations, so happily begun, or to insure to the French nation
the benefits of the American trade, than something of this kind.
By the 8th article of the treaty of commerce, his Majesty has engaged
to employ his good offices and interpositions with the Emperor of
Morocco, and with the regencies of Algiers, Tunis, Tripoli, and the
other powers on the coast of Barbary, in order to provide as fully as
possible for the convenience and safety of the inhabitants of the
United States, and their vessels and effects, against all violence,
insults, attacks, or depredations on the part of the said princes.
We have received information, that there are already American vessels
in Italy desirous of returning thence, and that there are merchants in
Italy desirous of entering into the American trade, but that an
apprehension of danger from the Corsairs of Barbary is a
discouragement. We therefore request your Excellency's attention to
this case, and such assistance from his Majesty's good offices, as was
intended by the treaty.
There is another thing that has occurred of late, on which we have the
honor to request your Excellency's advice. There are many Americans in
England, and in other parts of Europe, some of whom are excellent
citizens, and who wish for nothing so much as to return to their
native country, and to take their share in her fortune, whatever that
may be, but are apprehensive of many difficulties in recovering their
property.
Whether it will be practicable and consistent with his Majesty's
interest to prescribe any mode by which Americans of the above
description may be permitted to pass through this Kingdom with their
apparel, furniture, plate, and other effects, not merchandise for sale
here, without paying duties, we submit to his wisdom.
We likewise request of your Excellency a passport for such cartel ship
as shall be employed by the English in sending our people, who are
their prisoners, to France to be exchanged. They propose Calais as the
port at which the exchange may be made, but as the prisoners we have
are at Brest, and the expense of removing them to Calais would be
considerable, we should be glad that the passport would permit the
landing of our people as near Brest as may be, without danger of
inconveniency to the State.
We have the honor to be, with respect, your Excellency's, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
DECLARATION
_Of Count de Vergennes, annulling the Eleventh and Twelfth Articles of
the Commercial Treaty with France._
Translation.
The General Congress of the United States of North America having
represented to the king, that the execution of the 11th article of the
treaty of amity and commerce, signed the 6th of February last, might
be productive of inconveniencies, and having, therefore, desired the
suppression of this article, consenting in return that the 12th
article shall likewise be of no effect; his Majesty, in order to give
a new proof of his affection, as also of his desire to consolidate the
union and good correspondence established between the two States, has
been pleased to consider their representations. His Majesty has
consequently declared, and does declare by these presents, that he
consents to the suppression of the 11th and 12th articles
aforementioned, and that it is his intention, that they be considered
as having never been comprehended in the treaty signed the 6th of
February last.
Done at Versailles, this 1st day of September, 1778.
GRAVIER DE VERGENNES.
* * * * *
DECLARATION
_Of the American Commissioners, annulling the Eleventh and Twelfth
Articles of the same Treaty._
Translation.
The Most Christian King having been pleased to regard the
representations made to him by the General Congress of North America,
relating to the 11th article of the Treaty of Commerce, signed the 6th
of February in the present year, and his Majesty having therefore
consented that the said article should be suppressed, on condition
that the 12th article of the same treaty be equally regarded as of
none effect; the above said General Congress hath declared on their
part, and do declare, that they consent to the suppression of the 11th
and 12th articles of the above mentioned treaty, and that their
intention is, that these articles be regarded as having never been
comprised in the treaty signed the 6th of February. In faith whereof,
&c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
TO M. DE BEAUMARCHAIS.
Passy, September 10th, 1778.
Sir,
In a letter we have received from the Committee of Commerce of the
16th of May, we are informed, that they had ordered several vessels
lately to South Carolina for rice, and directed the continental agents
in that State to consign them to our address.
In the letter from Mr Livingston to us, dated Charleston South
Carolina, 10th June, 1778, he has subjected the cargo of the Therese
to our orders.
In your letter to us, dated Passy, 8th September, 1778, you demand,
that the cargo received in your own vessel should be sold, and the
money remitted to you in part for a discharge of what is due to you by
the Congress.
We are at a loss to know how you claim the Therese as your proper
vessel, because M. Monthieu claims her as his, produces a written
contract for the hire of her, part of which we have paid, and, the
remainder he now demands of us. However, Sir, we beg leave to state to
you the powers and instructions we have received from Congress, and to
request your attention to them as soon as possible, and to inform you,
that we are ready to enter upon the discussion of these matters, at
any time and place you please.
But until the accounts of the company of Roderique Hortalez & Co. are
settled for what is passed, and the contracts proposed either
ratified by you and us, or rejected by one party, we cannot think we
should be justified in remitting you the proceeds of the cargo of the
Therese.
We will, however, give orders to our agents for the sale of the cargo,
and that the proceeds of the sale be reserved to be paid to the house
of Roderique Hortalez & Co. or their representative, as soon as the
accounts shall be settled, or the contract ratified. By a copy of a
contract between a committee of Congress and M. Francy, dated the 16th
of April last, we perceive that the 17th article, respecting the
annual supply of 24,000,000 of livres, shall not be binding upon
either of the parties, unless the same shall be ratified by Roderique
Hortalez & Co. and the Commissioners of the United States at Paris.
We take this opportunity to inform you, Sir, that we are ready to
confer with Roderique Hortalez & Co. or any person by them authorised
for this purpose, at any time and place, that they or you shall
appoint.
We have the honor to be, Sir, your most obedient humble servants,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
TO M. DE SARTINE.
Passy, 10th September, 1778.
Sir,
Captain Daniel M'Neil of Boston, in the State of Massachusetts Bay,
Commander of the American privateer, which has been so successful
against the common enemy in the North Seas and White Seas, had the
fortune to retake a French vessel from a Guernsey privateer, after she
had been in the enemy's possession three days, which prize he has
brought into Port Louis.
He represents to us, that he has met with some difficulties in
disposing of her and her cargo, which cannot be removed until your
Excellency's sentiments shall be known upon the matter.
We have the honor to recommend his case to your Excellency's
consideration, and to request that such relief may be afforded him, as
may consist with the laws of the State, and the treaties in force
between the two nations.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
TO COUNT DE VERGENNES.
Passy, September 10th, 1778.
Sir,
By some of the last ships from America, we received from Congress
certain powers and instructions, which we think it necessary to lay
before your Excellency, and which we have the honor to do in this
letter.
On the 13th of April last Congress resolved, "that the Commissioners
of the United States in France be authorised to determine and settle
with the house of Roderique Hortalez & Co. the compensation, if any,
which should be allowed them on all merchandise and warlike stores,
shipped by them for the use of the United States, previous to the 14th
day of April, 1778, over and above the commission allowed them, in the
6th article of the proposed contract between the Committee of Commerce
and John Baptiste Lazarus Theveneau de Francy."
In the letter of the Committee of Commerce to us, in which the
foregoing resolution was enclosed, the Committee express themselves
thus; "this will be accompanied by a contract entered into between
John Baptiste Lazarus de Theveneau de Francy, agent of Peter Augustine
Caron de Beaumarchais, representative of the house of Roderique
Hortalez & Co. and the Committee of Commerce. You will observe, that
their accounts are to be fairly settled, and what is justly due paid
for, as on the one hand, Congress would be unwilling to evidence a
disregard for, and contemptuous refusal of, the spontaneous friendship
of His Most Christian Majesty, so on the other, they are unwilling to
put into the private pockets of individuals, what was graciously
designed for the public benefit. You will be pleased to have their
accounts liquidated, and direct in the liquidation thereof, that
particular care be taken to distinguish the property of the crown of
France, from the private property of Hortalez & Co. and transmit to us
the accounts so stated and distinguished. This will also be
accompanied by an invoice of articles to be imported from France, and
resolves of Congress relative thereto. You will appoint, if you should
judge proper, an agent or agents to inspect the quality of such goods
as you may apply for to the house of Roderique Hortalez & Co. before
they are shipped, to prevent any impositions."
On the 16th of May last, Congress resolved, "that the invoice of
articles to be imported from France, together with the list of
medicines approved by Congress, be signed by the Committee of Commerce
and transmitted to the Commissioners of the United States at Paris,
who are authorised and directed to apply to the house of Roderique
Hortalez & Co. for such of the said articles, as they shall have
previously purchased or contracted for; that copies of the invoices be
delivered to Mons. de Francy, agent for Roderique Hortalez & Co.,
together with a copy of the foregoing resolution; and that the
articles to be shipped by the house of Roderique Hortalez & Co. be not
insured, but that notice be given to the Commissioners in France, that
they may endeavor to obtain convoy for the protection thereof."
We have the honor to enclose to your Excellency a copy of the contract
made between the Committee and Mons. Francy, a copy of Mons. Francy's
powers, and a copy of the list of articles to be furnished according
to that contract, that your Excellency may have before you all the
papers relative to this subject.
We are under the necessity of applying to your Excellency upon this
occasion, and of requesting your advice. With regard to what is
passed, we know not who the persons are who constitute the house of
Roderique Hortalez & Co., but we have understood, and Congress has
ever understood, and so have the people in America in general, that
they were under obligations to his Majesty's good will for the
greatest part of the merchandise and warlike stores heretofore
furnished under the firm of Roderique Hortalez & Co. We cannot
discover that any written contract was ever made between Congress or
any agent of theirs, and the house of Roderique Hortalez & Co., nor do
we know of any living witness, or any other evidence, whose testimony
can ascertain to us, who the persons are that constitute the house of
Roderique Hortalez & Co., or what were the terms upon which the
merchandise and munitions of war were supplied, neither as to the
price, nor the time, or conditions of payment. As we said before, we
apprehend that the United States hold themselves under obligations to
his Majesty for all those supplies, and we are sure it is their wish
and their determination to discharge the obligation to his Majesty, as
soon as Providence shall put it in their power. In the mean time, we
are ready to settle and liquidate the accounts according to our
instructions at any time, and in any manner which his Majesty and your
Excellency shall point out to us.
As the contract for future supplies is to be ratified, or not ratified
by us, as we shall judge expedient, we must request your Excellency's
advice as a favor upon this head, and whether it would be safe or
prudent in us to ratify it, and in Congress to depend upon supplies
from this quarter. Because, if we should depend upon this resource for
supplies and be disappointed, the consequences would be fatal to our
country.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
M. DE SARTINE TO THE COMMISSIONERS.
Translation.
Versailles, 16th September, 1778.
Gentlemen,
I have received the letter, which you did me the honor to write to me
on the subject of the French ship Isabella, which the American
privateer General Mifflin recaptured from a Guernsey privateer.
In the _General Thesis_, you may see the disposition of the ordinance
of the Marine of 1681, which adjudges to captains, captors of
recaptured vessels, when they have been during twentyfour hours in the
enemy's hands, a third for the charges of rescue, when they are
retaken before the twentyfour hours. The American privateers shall
enjoy in France, without difficulty, the benefit of this law, if it
has been adopted by the United States in such a manner, as that the
French privateers may be assured of experiencing the same treatment,
with respect to the recaptures they may conduct into the ports of
North America.
The English laws, on the contrary, grant a privateer only one eighth
of the value of the vessels retaken within the first twentyfour hours,
a fifth within the second day, a third within the third and fourth,
and afterwards one half, which leaves at least, in every case, the
other half to the losing proprietors. It is possible, that the United
States, as these laws are less advantageous to the privateers and more
favorable to the original proprietors of recaptured vessels, would
give the preference to those of France.
In these circumstances, the rules of reciprocity observed between the
two powers require that arrangements be taken to adopt the law of one
of the two nations, which shall be observed by the respective
privateers, and in the meantime I am persuaded, that you will think
with me, that the American privateer, General Mifflin, ought not to
exact in France other advantages than what, in a similar case, a
French privateer would meet with in North America.