am authorised to make, in order to prevent any mistake as to the
intentions of the burgomasters of the city of Amsterdam; since it will
be made evident by the above mentioned declaration, that they have not
the absurd design of concluding a convention independently of their
High Mightinesses, but only to make such preparations as are possible
to accelerate the conclusion of a treaty of commerce, when the
opportunity shall present. It is plain, that a treaty of commerce
cannot be concluded, unless the principal commercial city of the
republic gives its consent thereto, and that it cannot give its
consent without having examined the terms. This examination may as
well precede, as follow the acknowledgment of the independence of
America by the English, in which case we should gain much time.
With regard to the terms, I will explain my own views, Sir, in a very
few words, viz. that, in general, we should grant each other mutually
all the facilities necessary to render commerce as free as possible,
and that for this purpose we should take the treaty between France and
America as the basis, changing nothing except those provisions, which
cannot be applicable in the republic.
If this principle accord with the views of Congress on this subject, I
will have the above mentioned treaty examined by experienced
merchants, and communicate to you their opinion with regard to the
additions, or omissions, necessary to negotiate a treaty of commerce
between the republic and the United States of America on that basis.
If you wish for any further explanations, I beg you, Sir, to give me
information, but I think the views I have proposed so simple, that
nothing further will be necessary.
I have the honor to be, Sir, &c.
E. T. VAN BERCKEL.
* * * * *
_Declaration of E. T. Van Berckel._
Translation.
Amsterdam, September 23d, 1778.
The undersigned, Pentionary of the city of Amsterdam has the honor to
make known to those who are duly authorised by the Congress of the
United States of America, that he is empowered by the Burgomasters of
the aforementioned city, to declare in their names, that, provided the
said Congress do not enter into any engagements with the English
Commissioners, which may be hurtful or prejudicial to the commerce of
the republic of the United Provinces, directly or indirectly, the
aforesaid Burgomasters on their side will be entirely disposed, as far
as depends on them, so to direct the course of affairs, that whenever
the independence of the said United States of America shall be
recognised by the English, a perpetual treaty of amity shall be
concluded between this republic and the aforesaid United States,
containing the most extensive reciprocal advantages in relation to the
commerce of the subjects of the two powers.
The undersigned has the honor further to declare, that it is the will
of said Burgomasters, that this declaration may be employed, as shall
be thought expedient, with the necessary precaution that it shall not
come to the knowledge of those interested, to prevent, if possible,
or at least to obstruct the execution of a plan, which has no other
object than to promote mutual happiness and the true interests of the
two republics.
E. T. VAN BERCKEL.
* * * * *
COUNT DE VERGENNES TO THE COMMISSIONERS.
Translation.
Versailles, September 24th, 1778.
Gentlemen,
By your note of the 28th of August, you requested free entry, with
exemption from all duties, of the effects of many Americans in Europe,
desirous of returning to their country. I have communicated your
request to M. Necker, and send you herewith his reply. You will see in
it the reasons which render it impossible to comply with your wishes,
and the arrangements which can be made to favor the Americans, who
wish to send their effects to America by the way of France.
I have the honor to be, Gentlemen, &c.
DE VERGENNES.
* * * * *
TO WILLIAM LEE.
Passy, September 26th, 1778.
Sir,
We have considered, with some attention, the papers which you have
laid before us, containing a project of a treaty to be made between
the republic of the United Provinces, and that of the United States of
America.
As Congress have intrusted to us the authority of treating with all
the States of Europe, excepting such as have a particular commission
designed by Congress to treat with them; and as no particular
Commissioner has been appointed to treat with their High Mightinesses,
we have already taken such measures as appeared to us suitable to
accomplish so desirable a purpose, as a friendship between nations so
circumstanced as to have it in their power to be extremely beneficial
to each other in promoting their mutual prosperity. And we propose to
continue our endeavors in every way consistent with the honor and
interest of both.
But we do not think it prudent, for many reasons, to express at
present any decided opinion concerning the project of a treaty, which
you have done us the honor to communicate to us.
We cannot, however, conclude without expressing our real disposition
to treat upon an object, which, besides laying the foundation of an
extensive commerce between the two countries, would have a very
forcible tendency to stop the effusion of human blood, and prevent the
further progress of the flames of war.
We have the honor to be, with the utmost respect, Sir, your most
obedient humble servant,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
TO RALPH IZARD.
Passy, 26th September, 1778.
Sir,
Last evening we had the honor of an answer from the Count de Vergennes
to our letter respecting your goods. We enclose a copy of it to you,
and believe it will be advisable for you to wait on M. de Sartine;
perhaps he may, at first, recollect the article of the treaty, as M.
de Vergennes appears not to have done.
We have the honor to be, with great respect, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
TO COUNT DE VERGENNES.
Passy, September 26th, 1778.
Sir,
We had last evening the honor of your Excellency's letter of the 24th
of this month, in answer to ours of the 28th ult. relative to the
liberty for Americans to pass through this kingdom with their effects
in their way home, duty free, enclosing a copy of a letter from M.
Necker to your Excellency upon the same subject. We shall take the
liberty to pursue the rules prescribed by M. Necker, as there may be
occasion.
At the same time we had the honor of your Excellency's letter of the
25th, relative to Mr Izard's goods.
The question your Excellency mentions, we apprehend cannot arise in
this case, whether an enemy's ship makes merchandise the enemy's,
because by the 16th article of the treaty of commerce, your Excellency
will recollect, "that an exception is made of such goods and
merchandise as were put on board such ships before the declaration of
war, or after such declaration, if it were done without the knowledge
of such declaration. Ignorance of the declaration of war not to be
pleaded after two months."
Mr Izard's goods were shipped before any declaration of war, or at
least, two months had not passed away after the first appearance of
war, and before they were shipped.
We have referred Mr Izard to his Excellency M. de Sartine, and shall
have the honor to apply to him ourselves, according to your
Excellency's advice, as early as possible.
We have the honor to be, with the most perfect consideration, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
TO M. DE SARTINE.
Passy, September 26th, 1778.
Sir,
The honorable Ralph Izard, Minister from the United States to the
Grand Duke of Tuscany, having ordered his baggage to Italy from
London, has had the luck to have it taken in an English vessel, and
carried into Marseilles. We have written to the Count de Vergennes on
the subject, who referred us to your Excellency.
We apprehend, that by the 16th article of the treaty of commerce, Mr
Izard has a clear right to a restitution of his goods. But perhaps it
will be necessary for your Excellency to transmit to Marseilles a copy
of the treaty, or some order relative to this property of Mr Izard,
which we have the honor to request.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
COUNT DE VERGENNES TO THE COMMISSIONERS.
Translation.
Versailles, September 27th, 1778.
Gentlemen,
In your letter of the 28th ult. you remind me of the promise of the
king, by the 8th article of the treaty of amity and commerce, signed
the 6th of February last, to use his exertions with the Barbary Powers
to provide for the security of the commerce and navigation of the
citizens of the United States in the Mediterranean. I have
communicated your request to M. de Sartine, to whose department it
belongs, and you will see by the reply of that minister, of which I
send you a copy, that he considers it reasonable, but requires further
explanations before he can receive the orders of the king on this
matter. I beg you gentlemen, to have the goodness to communicate them
to me, and to be assured that the king will cheerfully do all in his
power to satisfy the wishes of the United States, and promote their
views with the different Barbary powers.
I have the honor to be, Gentlemen, &c.
DE VERGENNES.
* * * * *
TO M. DE SARTINE.
Passy, September 27th, 1773.
Sir,
We have received the letter, which your Excellency did us the honor to
write to us on the 21st inst. relative to the Isabella, retaken from a
Guernsey privateer, by Captain M'Neil, in the General Mifflin.
It is extremely probable, that Count d'Estaing has retaken several
American vessels from the English; we shall no doubt soon have
intelligence what has been done in those cases.
We have advised Captain M'Neil to leave one third of the produce of
the Isabella in the hands of such public officer, as your Excellency
shall point out, to be repaid to him, or restored to the original
proprietor of the Isabella hereafter, according to the rule which,
shall be adopted by the two nations, and to this Captain M'Neil has
agreed. Captain M'Neil will have the honor of delivering this letter
to your Excellency, and is ready to give your Excellency any assurance
you may require of him, and to take the charge of your despatches
respecting this affair; if your Excellency is disposed to do him the
honor to trust them to his care.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
TO M. DUMAS.
Passy, September 27th, 1778.
Sir,
We received yours in which you hint, that it is wished by some of our
friends, that the Commissioners would propose a treaty to your
government. It would really be a great pleasure to them to be
instrumental in cementing a union between the two republics of Holland
and the United States, by a treaty of amity and commerce, similar to
that lately concluded with France, or varying where circumstances
might require it. But having received no answer from the Grand
Pentionary to a letter they respectfully wrote to his Excellency some
months since, expressing their disposition to such a good work, they
apprehend that any further motion of that kind, on their part, would
not at present be agreeable; though they still hold themselves ready
to enter upon such a treaty, when it shall seem good to their High
Mightinesses.
We have the honor to be, &c.
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
FROM THE COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM BINGHAM.
Philadelphia, September 28th, 1778.
Sir,
Your several favors up to the 28th of July came duly to our hands,
and, having been communicated to Congress, were received as agreeable
proofs of your regular correspondence. The papers which you enclosed
are with the Marine Committee, who will doubtless take occasion soon
to report upon the contents. This will be conveyed to you in a small
schooner, which, perhaps is not fit for a winter's return to this
coast. You will determine in conjunction with the Captain, whether to
send her back immediately, or to make the best use of her for the
public in your neighborhood, till a proper month for her return. She
is confided thus to your discretion.
No absolute judgment can at this instant be formed of the intended
movements of the enemy. A course of Dunlap's papers will convey to you
a general insight into the posture of our military affairs. It is not
probable that any considerable decision in the field will take place
this fall; and the councils in Britain appear to be for relinquishing
the mad project of subjugating us by arms.
It was to give conveyance to the letters of the French Minister, that
the bearer was at this season despatched to Martinique; so that you
will get further information of our affairs through the General, with
whose confidence you are so much honored. You will herewith receive
the second volume of the Journals of Congress, but lately published.
And as it was uncertain whether you had ever received the first, that
also is sent; the index at least will be new to you, and serviceable.
We are, Sir, &c.
R. H. LEE,
JAMES LOVELL.
* * * * *
TO COUNT DE VERGENNES.
Passy, 1st October, 1778.
Sir,
We have received the letter, which your Excellency did us the honor to
write to us on the 27th of last month, together with a copy of a
letter from the Minister of the Marine to your Excellency, of the 21st
of the same month.
Convinced of the propriety of those eclaircissements which his
Excellency demands, we had recourse to our various instructions from
Congress, and although we have power and instructions to treat and
conclude treaties with all the European Powers, to whom no particular
Minister has been sent by Congress, yet we cannot find that our powers
extend to conclude treaties with the Barbary States.
We are, nevertheless, instructed to endeavor to obtain passes for
vessels of the United States and their subjects from those powers,
through the mediation and influence of His Most Christian Majesty,
which we therefore request his Excellency to endeavor to procure,
provided he sees no danger in the attempt, or material objections to
it.
We have, however, the honor to agree with his Excellency in opinion,
that an acknowledgment of the independence of the United States, on
the part of these powers, and a treaty of commerce between them and
us, would be beneficial to both, and a negotiation to that end not
unlikely to succeed; because there has been heretofore some trade
between them and us, in the course of which our people and vessels
were well received.
We therefore submit to his Excellency's judgment, either to commence a
negotiation for passes for American vessels immediately, or to wait
until we can write to Congress, and obtain power to treat with those
States, and conclude treaties of commerce with them, when we shall
request to commence and conclude the negotiation through the mediation
and under the auspices of his Majesty. We have the honor to request
his Excellency's advice hereupon.
We address this to your Excellency, as we have done many other things,
which we suppose may be referred to other departments, because your
Excellency being the Minister for Foreign Affairs, we have understood
that we have no right to apply in the first instance to any other. But
if we have been misinformed and ill-advised in this, and there is no
impropriety in our making immediate application to other Ministers,
upon subjects we know to be in their departments, we request your
Excellency to give us an intimation of it; and for the future we will
avoid giving unnecessary trouble to your Excellency.
We have the honor to be, with sentiments of most entire respect,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
TO M. DE SARTINE.
Passy, October 2d, 1778.
Sir,
We have the honor of your Excellency's letter of yesterday's date,
requiring us to give to the Sieur Fagan all the security in our power
for these vessels to transport the merchandise of France to England.
We have the honor to acquaint your Excellency, that we have
accordingly given the Sieur Fagan three different requests in writing,
to all commanders of American armed vessels to let the said vessels
and cargoes pass without molestation, which was all the security that
the laws of our country have empowered us to give.
We have the honor to be, with most entire consideration, your
Excellency's most obedient servant,
B. FRANKLIN,
ARTHUR LEE,
JOHN ADAMS.
* * * * *
M. DE SARTINE, TO THE COMMISSIONERS.
Translation.
Versailles, October 7th, 1778.
Gentlemen,
I have had the honor, to receive your letter of the 26th ult., in
which you support the pretensions of Mr Izard, Minister of the United
States for Tuscany, who claims the effects captured in the English
ship, the Nile, by the Cesar privateer from Marseilles. You have made
a mistake in citing the 16th article of the treaty between his Majesty
and the United States; the 14th article relates particularly to the
subject. It contains, however, only the usual provisions of commercial
treaties, founded on the law of nations, and I cannot see that it
applies rigorously to the present case. Mr Izard is not named in the
account of the goods of which he demands the restoration. There are no
papers, which prove that those articles, shipped by an Englishman,
addressed to Senior Martinelli for the Abbe Niccoli, are not on
account of English subjects. If the government had the decision of the
question without the interference of the Court, certainly, Gentlemen,
your assertion and that of Mr Izard would be of very great weight. But
his Majesty has granted to the captors the whole of the property
captured; the Board of Prizes has adjudged the ship Nile a lawful
capture, by their decree of the 20th ult.
Placed between the Prize Court, the captors, and the claimant, the
government cannot undertake to decide on this subject; it could pursue
that course only in case the laws were not applicable to the point in
question; but here the laws are known, they decide on claims for goods
shipped before the commencement of hostilities; and in having recourse
to the tribunals, Mr Izard may expect from them all the justice and
favor, which the citizens of the United States will always experience
in France.
I have the honor, &c.
DE SARTINE.
* * * * *
THE AMBASSADOR OF NAPLES TO THE COMMISSIONERS.
Translation.
Paris, 8th October, 1778.
Gentlemen,
I am persuaded that you already know that the king of the Two
Sicilies, my master, has ordered the ports of all his dominions to be
kept open to the flag of the United States of America, for which
reason, to avoid every possible mistake at this time, when the seas
are covered with the privateers of different nations, and likewise
with pirates, I request you to inform me of the colors of the flag of
the United States of America, and likewise of the form of the
clearances, the better to know the legality of the papers which it is
customary to present in ports, to gain free admission.
I have the honor to be, &c.
THE AMBASSADOR OF NAPLES.
* * * * *
TO THE AMBASSADOR OF NAPLES.
Passy, 9th October, 1778.
Sir,
We are this moment honored with your Excellency's letter of the 8th of
this month, and we thank your Excellency for the information, that his
Majesty the king of the Two Sicilies, has ordered the ports of his
dominions to be open to the flag of the United States of America. We
should be glad to have a copy of his Majesty's edict for that purpose,
in order to communicate it to Congress, who we are confident will be
much pleased with this mark of his Majesty's benevolence.
It is with pleasure that we acquaint your Excellency, that the flag of
the United States of America consists of thirteen stripes, alternately
red, white, and blue; a small square in the upper angle, next the
flag-staff, is a blue field with thirteen white stars, denoting a new
constellation.
Some of the States have vessels of war distinct from those of the
United States; for example, the vessels of war of the State of
Massachusetts Bay have sometimes a pine tree, and those of South
Carolina, a rattlesnake, in the middle of the thirteen stripes.
Merchant ships have often only thirteen stripes, but the flag of the
United States ordained by Congress, is the thirteen stripes and
thirteen stars above described.
The commissions of ships of war belonging to the United States, as
well as those of privateers, are all signed by the President of
Congress, and countersigned by the Secretary. Each State may have a
different method of clearing vessels, outward bound, and a different
form in the papers given, therefore we are not able to give your
Excellency certain information respecting all of them. The
Massachusetts Bay has only a naval officer in each port, who
subscribes a register, a clearance, and a pass for the Castle in
Boston harbor.
We have the honor to be, &c.
B. FRANKLIN,
JOHN ADAMS.
* * * * *
TO M. DE SARTINE.
Passy, 12th October, 1778.
Sir,
The letter your Excellency did us the honor to write to us the 7th of
this month we duly received.
In our letter of the 26th of last month, respecting the goods of Mr
Izard, on board the Nile, we cited the 16th article of the treaty of
commerce, in support of Mr Izard's claim, which your Excellency thinks
an error, and that it is the 14th article which most nearly relates to
his case. We cited the article as it stood in the original treaty,
where it is the 16th. Your Excellency cites it as it stands in the
treaty now agreed to be amended, leaving out two articles, the 11th
and 12th. But your Excellency and we mean all the same article, which
appears to us to apply to Mr Izard's case, as clearly, strictly and
fully, as it could have been contrived to do, if his case had been in
contemplation at the time when the treaty was made, and specially
meant to be provided for. The words of the article are, "that such
goods as were put on board any ship belonging to an enemy before the
war, or after the declaration of the same, without the knowledge of
it, shall no ways be liable to confiscation, but shall well and truly
be restored, without delay, to the proprietor, demanding the same.
Ignorance of the declaration of war, not to be pleaded more than two
months after the declaration."
Now by the bill of lading, which we had the honor to enclose to your
Excellency, it appears, that the goods were shipped in the month of
April last; at a time when certainly two months had not elapsed from
and after the declaration of war. But if other evidence of this fact,
viz. the time when these goods were shipped, is necessary, Mr Izard
can certainly obtain it from England, although it would be attended
with a good deal of trouble and expense.
As to the question, whether the goods are Mr Izard's property or not,
Mr Izard, in a letter to us dated the 10th of this month, assures us,
that his name is in many of the books, and that one of the boxes
contains a great number of his papers with his name upon them. That
the testimony of his merchant in London, who shipped the things, shall
be procured, if necessary, and likewise that of the merchant in
Leghorn, and the Abbe Niccoli, to whom they are addressed.
We are only desirous of what is right, and as we hold ourselves bound
to do all in our power to assist our fellow citizens in maintaining
their rights, and of omitting no advantage that they are entitled to
by the treaty, and as the treaty is so express that goods so
circumstanced shall be restored without delay, and upon demand; and as
Mr Izard apprehends he ought not to be put to the trouble, delay, and
expense of a lawsuit on this occasion, we have thought it our duty to
write again to your Excellency on the subject.
We are sensible, that his Majesty has granted the whole of the
property, which shall be taken from the enemy and shall be lawful
prize, to the captors, and the encouragement of adventurers in this
way is of so much importance to our country, as well as to this, that
we wish them to enjoy all the profits and advantages of their prizes.
But the captors in this case must be sensible, that the goods belonged
to a friend, not an enemy, and therefore not included in his Majesty's
grant.