are very just, and we can perceive that General Howe’s situation
must be very difficult and embarrassing. Time must discover how he
will extricate himself, and whether he will choose and maintain his
quarters with more prudence and good fortune than he did last year.
As the events of this war become daily more interesting, I must
again request, Sir, that you will be kind enough to communicate to
me regularly the advices you may receive. The king interests himself
very much in them, and his Majesty wishes that your generous efforts
may be crowned with success; and as I have already advised you, in my
letter of the 18th of December, he will not hesitate to acknowledge
your independence whenever France, which is more interested in the
event of this contest, shall set the example. His Majesty would
not, moreover, make the least difficulty in receiving your vessels
into his ports, were it not that he has not a fleet to resent the
affronts, which might be shown there to your ships; the port of
Emden, however fine and secure it is, has not even a fort to defend
it. He will not, therefore, expose himself to the disagreeable
consequences.
As to the muskets and other arms of our manufacturing, you shall be
at liberty, Sir, to purchase or to command them; and the Bankers,
Spittgerber, contractors for the manufacture of arms, have received
orders to deliver such as you may demand. I enclose you a memorandum
of their prices, which are the same as the king pays, and I add, that
the muskets for the infantry can be delivered at a lower price, if
you will be content with the solidity of the work, without being so
exact as to their similarity, as the king requires.
I have the honor to be, &c.
BARON DE SCHULENBURG.
TO MESSRS FRANKLIN AND DEANE.
Challiot, January 30th, 1778.
Gentlemen,
More mature consideration, and fuller lights upon the subject have
satisfied me, that I was wrong in receding from my opinion against
the admissibility of the 12th article in the proposed commercial
treaty. I should, therefore, think myself neglectful of the duty I
owe the public, if I did not endeavor yet to prevent that measure
before our signature has rendered it irrecoverable. And certainly
nothing short of totally preventing the treaty from being concluded
will prevail upon me to sign it, if that article is to stand.
What has thus confirmed me in my former sentiments is this. At the
conclusion of M. Gerard’s observations upon what we proposed, he said
they had no design to lay any duties upon their molasses, nor was
it compatible with their policy. Dr Franklin informed me yesterday,
that a substitute had been found in America for molasses, procurable
from a substance which is the growth of the country, and of infinite
plenty. A prohibition on the export of their molasses will effect
every purpose, which we are providing against by restraining the
imposition of duties.
From these considerations it seems clear to me, that molasses are
not such an important object as was stated; that the demand is more
likely to diminish than increase; that there is no sound reason for
apprehending that without any restraint, duties will be imposed upon
that article; that if there were the strongest reasons for that
apprehension, the sacrifice proposed does not secure us from the evil
it is intended to prevent.
If these arguments are not utterly fallacious, we are by the article
proposed really tying both our hands with the expectation of binding
one of their fingers. The principle, too, is, and the effect of
this measure must be, the encouragement of commerce at the expense
of agriculture, which, whatever temporary advantages it may give,
will be permanently pernicious to the peace and real welfare of our
country.
Nor is it an argument of little weight with me, that we are binding
our constituents forever in a point on which they have not had an
opportunity of giving their instructions, concerning which, how
far it is within the limits of our power and our discretion, I am
extremely doubtful. I would therefore propose to you, Gentlemen,
that, upon the ground of the article not having been in the plan
given for our guidance, and of doubts, which have arisen among
ourselves about the approbation it might meet with, if it should
be unrejected by the Court here, that we should propose that both
the articles be left open to be rejected or admitted by Congress,
without affecting their ratification of the rest of the treaty.
This exception will, it seems to me, refer the decision to that
arbitration, which ought to determine it, and free us from any
possible imputation of having acted wrong or exceeded our powers.
I am willing, that whatever charge of levity may arise from this
resuming the negotiation may be wholly visited on me. Though, indeed,
as I think we are treating with gentlemen of sense and candor, I
am under no apprehension, that they will view in any such light an
anxiety to act with the utmost circumspection in a business of great
moment and doubtful effect.
As this is a matter that admits of no delay, I must beg, Gentlemen,
an immediate consideration of what I propose; and that you will do me
the favor of apprizing me of your determination as soon as you have
made it.[24]
I have the honor to be, &c.
ARTHUR LEE.
[24] A particular account of the 11th and 12th articles of the treaty,
and the manner in which they were proposed and adopted, will be found
above, in Silas Deane’s Correspondence, Vol. i. p. 155.
MESSRS FRANKLIN AND DEANE TO ARTHUR LEE.
Passy, February 1st, 1778.
Sir,
We have maturely considered your letter of the 30th past, and though
we cannot see the mischievous consequences of the 12th article which
you apprehend, yet, conceiving that unanimity on this occasion is of
importance, we have written to M. Gerard this morning, that we concur
in desiring that article and the preceding to be omitted, agreeable
to his first proposal.
We have the honor to be, &c.
B. FRANKLIN,
SILAS DEANE.
MESSRS FRANKLIN AND DEANE TO M. GERARD.
Passy, February 1st, 1778.
Sir,
Mr Lee having signified to us, that on further consideration he has
changed his sentiments relating to the 12th article, and that he
cannot join in signing the treaty if that article remains in, and as
unanimity on this occasion is of some importance, and the articles
11th and 12th seem not perfectly consonant with the declared spirit
of the treaty, which is to leave each party free in its regulations
of commerce, we concur in requesting (if it can be done without
occasioning delay) that these two articles be omitted, agreeable to
your own first proposition.
We have the honor to be, &c.
B. FRANKLIN,
SILAS DEANE.
M. GERARD TO THE COMMISSIONERS.
Translation.
Versailles, February 2d, 1778.
Gentlemen,
I have acquainted his Majesty’s Ministers with the fresh demand
respecting the 11th and 12th articles of the Treaty of Commerce. The
king having approved these two articles, agreeable to your unanimous
wishes, they cannot be submitted to a new examination without
inconvenience and considerable delay.
I am, therefore, charged to send you the French copies of the two
treaties, that you may have them transcribed side by side with the
English translation, and when this is done, I trust you will give me
notice.
The only remark, which I have to offer, is on the 6th article of the
Treaty of Alliance. It stands the same as when it was read, with
the addition of the Bermudas, concerning which there was a question
in our last conference. I have found another change in one of the
sheets of observations, which have been sent to me. I should wish
that the object of this addition should be treated in a conference.
I have been charged to explain to you the reasons, which prevent the
Ministers from agreeing to it, and I am ready to fulfil this object.
I have the honor to be, &c.
GERARD.
_P. S._ The translation of the two treaties appears to me well made,
and I have no remarks to add in regard to it.
TO BARON DE SCHULENBURG.
February 2d, 1778.
Sir,
I was honored with yours of the 16th of January some few days since,
and have delayed an answer in hopes that despatches from America
would have enabled me to give your Excellency some acceptable
intelligence. But in this I am disappointed, so that we have nothing
but the relations of the enemy to direct our judgment of the
present situation of things in and near Philadelphia. There is one
thing, however, that must strike your Excellency in General Howe’s
narration, which is that in attempting to make his forward movement,
he was constantly attacked instead of attacking, and however well
he might have defended himself, he was obliged to measure back his
ground, and put his army into winter quarters. His tranquillity, or
even safety there, will depend much upon the mildness of the winter,
and the equipment of the army of the United States for a campaign
in that rigorous season. If the winter is severe, and General
Washington’s army tolerably provided, it seems to me that General
Howe’s situation will be far from being that of security.
Congress have approved of the Convention with General Burgoyne. The
enemy is driven back entirely into Canada, after blowing up the works
of Ticonderoga; and New York is pressed on all sides.
The 4th and the 11th were the letters I referred to, and I have had
the honor of receiving those your Excellency mentions.
I hope the period for executing his Majesty’s most gracious purpose
towards us is not remote, as well as that of the reduction of the
British power within the limits of due respect for other powers.
I thank your Excellency a thousand times for the facilities you
have procured us in the supplying of ourselves with arms. But I
find things must be more arranged before we can avail ourselves
of your goodness. The enemy’s preparations are more sounding than
substantial. They mark a radical weakness, and will certainly be
impotent when we are fortified with alliances.
I have the honor to be, &c.
ARTHUR LEE.
TO THE COMMITTEE OF FOREIGN AFFAIRS.
Paris, February 10th, 1778.
Gentlemen,
The enclosed Memorial and letter to Count de Florida Blanca,[25]
will inform you particularly of my proceedings in Spain, with the
reasons of the cautious conduct of that Court, which I did not think
it safe to communicate before. France is now prepared, the war with
Portugal is happily concluded by her accession to the family compact,
and there remains only the hazard of the treasure at sea, which is
expected in April next. When that arrives, I have no doubt of their
acceding to the treaties signed here, and joining in the war, which
it seems probable will be declared before that time between France
and England.
From the enclosed accounts you will also see what has been sent
from the house of Gardoqui, in pursuance of orders from the Spanish
Court, and what by my order, which I am to pay for out of the fund
remitted me from Spain of 170,000 livres. This fund would have been
applied in time to have had the blankets, &c. with you for the
winter’s campaign, but for the following reason. On my return from
Germany in August, I found that from various expensive purchases,
not only all our funds from our friends here had been exhausted,
but we also involved in a considerable debt, and not half of your
orders fulfilled, nor any fund to answer your draughts. It was
therefore thought prudent to retain that sum, till we were sure of
an additional supply from hence. The moment this was secured, I
sent orders for the shipping of blankets and stockings, which are
certainly cheap, and I hope will be of use. Upon this mercantile
subject, I must beg leave to observe, that I have had nothing more
to do with the proceedings of that kind here, but signing my name to
contracts made by my colleagues, or rather by Mr Deane. You will, I
presume, be able to judge, by the manner in which near five millions
of livres have been expended, whether it is wise to unite the
political and commercial characters.
I am given to understand, that Spain will wish to have the possession
of Pensacola secured to her in the treaty. I shall hope to receive
the commands of Congress upon that point as soon as possible. Perhaps
Congress may think that circumstances are materially changed, since
the passing the Resolve on this subject, December 30th, 1776;[26] and
that the Mississippi is likely to be the only permanent boundary
between the two people.
I beg the favor of having my duty recommended to Congress and have
the honor to be, &c.
ARTHUR LEE.
[25] For this Memorial and the letter, see p. 41 and p. 45 of the
present volume.
[26] Secret Journal, Vol. II. p. 38.
TO THE COMMITTEE OF FOREIGN AFFAIRS.
Paris, February 15th, 1778.
Gentlemen,
I have before written to you the reason I had to conceive, that M.
de Beaumarchais’ demands of payment for the supplies furnished in
the Amphitrite, Mercury, and Flammand are unjust. The following
testimonial from Count Lauragais will corroborate what I informed
you, relative to his having himself proposed the supplies to me
as a subsidy from the Court. Mr. Wilkes knows it more accurately,
but his situation prevents him from giving it under his hand. The
ministry, as you will see by our joint letter, have often given
us to understand that we are not to pay for them, yet still M. de
Beaumarchais, with the perseverance of such adventurers, persists in
his demand. He alleges some promise or agreement made with Mr Deane.
I should suppose Mr Deane would have apprized you of it, if any such
exists. But certainly Doctor Franklin and myself are kept so much in
the dark about the existence of such agreement, as to expose us to
much unnecessary plague from this M. de Beaumarchais, who I cannot
think has any right, to make the demand in question.[27] A copy of the
following declaration has been given to Count Maurepas, but I have
not heard his sentiments upon it.[28]
I have the honor to be, &c.
ARTHUR LEE.
_Testimonial of Count Lauragais_.
I was present in Mr Arthur Lee’s chamber in the temple, London, some
time in the spring of the year 1776, when Caron de Beaumarchais made
offers to Mr Lee to send supplies of money and stores through the
Islands to the Americans, to the amount of two hundred thousand louis
d’or, and he said he was authorised to make those proposals by the
French Court.--Paris, February 8th, 1778.
[27] Mr Lee seemed to be somewhat less certain afterwards, having in
the mean time conversed repeatedly with M. de Beaumarchais on the
subject. Writing to Mr Pringle, July 4th, 1779, he says, “I absolutely
do not know whether Beaumarchais is right or wrong, and while it is
doubtful, one would not impeach his character.”
[28] See also on this subject p. 98 of the present volume; and for some
further particulars respecting Count Lauragais, see Vol. 1. p. 150.
TO MESSRS FRANKLIN AND DEANE.
Chaillot, February 26th, 1778.
Gentlemen,
The return of our despatches by Mr Simeon Deane appears to me to be
an event, from which great public consequences may flow. I therefore
feel it the more extraordinary, that you should have taken any steps
in it without a consultation with me. And this more especially, after
I have so lately remonstrated against a similar conduct. I was silent
upon it today, when Dr Franklin mentioned that Mr Deane was gone upon
this business to Versailles without my knowledge, not because I did
not feel the impropriety of it, but because I do, and have always
wished, to avoid the indecency of a personal altercation.
In my judgment, the failure of our despatches is an event which will
warrant our desire to be immediately acknowledged by this Court, and
such acknowledgment will have a powerful effect in preventing the
success of the overtures from England, and securing the peace and
independency of America. The strong impression of the unfavorable
disposition of this Court towards us, which former proceedings
made on every mind, will reach America by a thousand channels. Our
contradiction of it being unfortunately frustrated, will possibly
commit our countrymen into measures, which a knowledge of the true
state of things would have prevented. A public acknowledgment of
us would reach America by numberless ways, and give them a decided
proof of the sincerity and determination of France. Our despatches
are a private and single channel, and may fail or arrive too late.
With respect to us, the covert proceedings of France leaves them too
much at liberty to renounce us, on any unfortunate event, and is a
situation in which I think it neither for our honor nor safety to
remain. These are sentiments which I submit to your better judgment,
and beg we may have a consultation on the subject as soon as possible.
I have the honor to be, &c.
ARTHUR LEE.
MESSRS FRANKLIN AND DEANE TO ARTHUR LEE.
Passy, February 27th, 1778.
Sir,
The greater the public consequences that may flow from the return
of our despatches, the more necessary it seemed the Court should be
immediately acquainted with it, that the miscarriage might as soon
as possible be repaired. It was near nine at night when the news
arrived, and Mr Deane set out immediately. If we could have imagined
it necessary to have a consultation with you on so plain a case, it
would necessarily have occasioned a delay of that important business
till the next day. He has been at Versailles, and obtained an order
for another and larger frigate, and an express to be immediately
sent off, carrying that order, that she may be ready. We think that
Mr Deane deserves your thanks, and that neither of us deserves your
censure. We are at present both engaged in copying the treaties,
which will employ us closely till Sunday. After they are gone we
shall be ready to enter into the consultation you propose, relating
to our being publicly acknowledged here.
We have the honor of being, &c.
B. FRANKLIN,
SILAS DEANE.
TO THE COMMITTEE OF FOREIGN AFFAIRS.
Paris, February 28th, 1778.
Gentlemen,
Our joint despatches of the 28th of December, 1777, informed you,
that Spain had promised us three millions of livres, to be remitted
to you in specie, through the Havanna. This information we had
through the French Court. We have since been informed through the
same channel, that it would be paid to our Banker here in quarterly
payments. Of this I apprized you in my letter of the 15th of January,
1778. Finding however that no payment was made, I applied lately to
the Spanish Ambassador here for an explanation. From him I learned,
that by order of his Court, he had informed the Court of France, that
such a sum should be furnished for your use; but in what manner he
was not instructed, nor had he received any further communication
on the subject. He promised to transmit my application to his Court
without delay.
The balancing conduct, which these Courts have until very lately held
towards us, has involved us inevitably in continual contradictions
and disappointments. It is in this respect fortunate, that so many of
our despatches have miscarried, otherwise you would have been equally
vexed, embarrassed, and disappointed.
The chief reason that induced Spain to temporise subsists still;
except the war with Portugal, which is happily concluded by her
accession to the family compact. Our general despatches will
convey to you the bills, as they are now passing in the Parliament
of Great Britain, for appointing Commissioners to negotiate with
_their deluded subjects, and declaring in what manner they will
be graciously pleased to exercise in future_ their right of taxing
us. It would not be doing justice to these bills to attempt any
comment upon them; they speak for themselves, and loudly too. But
the ministers of England give out, that they have despatched half a
million of guineas to pave the way to a favorable acceptance of their
propositions. And I know from the best authority here, that they
have assured Count Maurepas of their being secure of a majority in
Congress. By such arts do they endeavor to sustain their desperate
cause. France has done us substantial benefits, Great Britain
substantial injuries. France offers to guaranty our sovereignty, and
universal freedom of commerce. Great Britain condescends to accept of
our submission and to monopolise our commerce. France demands of us
to be independent; Great Britain, tributary. I do not comprehend how
there can be a mind so debased, or an understanding so perverted, as
to balance between them.
The journies I have made, both north and south, in the public
service, have given me an opportunity of knowing the general
disposition of Europe upon our question. There never was one in which
the harmony of opinion was so universal; from the prince to the
peasant there is but one voice, one wish--the liberty of America and
the humiliation of Great Britain.
The troubles, which the death of the Elector of Bavaria was likely
to excite in Germany, seemed to have subsided, when, of late, the
movements of the king of Prussia threaten to excite a general war.
Great Britain, whose expiring hope sustains itself on every straw,
finds comfort in the expectation, that this will involve France, and
divert her from engaging in our war. But in my judgment, it is much
more likely to operate against her in Russia, than against us in
France.
I beg the favor of having my duty laid before Congress, and have the
honor to be, &c.
ARTHUR LEE.
TO THE PRESIDENT OF CONGRESS.
Paris, March 19th, 1778.
Dear Sir,
I congratulate our country on your filling so distinguished and
important an office in her service. Her prosperity will always depend
upon the wisdom of her choice.[29]
Before this can reach you, the treaties concluded here must have
arrived. I am sensible they will admit of very useful additions. But
we were bound by the plan given us for the one; and by the critical
situation of affairs, admitting of no delay, in the other. These
things being considered, I hope what defects are found will be
excused.
It is altogether uncertain when it will be convenient for Spain to
accede to the alliance; and I am apprehensive that the war, which
is likely to break out in Germany, will prevent the king of Prussia
from declaring so soon, and so decidedly, as he promised. The Court
of Spain will, I apprehend, make some difficulties about settling
the dividing line between their possessions, and those of the United
States. They wish to have the cession of Pensacola. I have written
for, and hope to have the instructions of Congress on this head.
If anything should strike you on the subject, the communication
of it will infinitely oblige me. The high opinion I have of your
abilities, and zeal for the public good, will always render your
advice a favor to me; and the acquaintance I have had the honor of
having with you, makes me hope I may ask it without offence. I beg
to be remembered to your son, and have the honor to be, with the
greatest esteem and respect, dear sir, your most obedient servant,
ARTHUR LEE.
_P. S._ Tomorrow we are to be presented to the king of France, and
the English ambassador quits this Court without taking leave. War
must immediately be the consequence, as these movements have been
determined on, from the treaty of amity and commerce, which we
have concluded with this Court, having been announced in form to
that of London. The consequence of this, in relieving our country
from the chief weight of the war, cannot but follow, and therefore
I congratulate you upon it most sincerely. In my judgment, a year
or two must reduce Great Britain to any terms the allies may think
proper to demand.
[29] This letter is directed to Henry Laurens, who had recently been
chosen President of Congress.
TO BENJAMIN FRANKLIN.
Chaillot, March 27th, 1778.
Dear Sir,
In consequence of what you mentioned to me relative to the German
Courts, I consulted the Spanish Ambassador, whether it could be
determined with any degree of certainty, how long it would be before
the business I am pledged for with his Court would require my
presence. His answer was, that it was altogether uncertain. In this
situation, it appeared to me, that under my present engagements I
could not venture to so great a distance. My brother has, therefore,
set out on his original plan that was settled at Versailles.
Mr Grand has not yet returned me the account completed. The moment I
receive it, I will wait upon you to settle the business of the loan
bills.
I have the honor to be, &c.
ARTHUR LEE.
TO MESSRS FRANKLIN AND DEANE.
March 31st, 1778.
Gentlemen,