exerting every effort to procure men for the ensuing campaign, both
at home and abroad, and finding it impracticable any where, so
odious are they and their measures, they have recourse to acts of
Parliament, which are so presumptuous and treacherous, that it is
hardly possible to say in which they excel. You will have the two
bills by this conveyance, which are too plain to be misunderstood by
any one who knows the framers; therefore, I shall only observe, that
by the first the _right_ of taxing you is explicitly enacted, though
suspended for the present, which is going something further than the
declaratory act, for by that the right of taxation was only implied.
By the second bill, the Commissioners are vested with full powers to
do all possible mischief to you, and no possible good, until it is
confirmed by Parliament. Under these circumstances I do not well see
how any treaty can be commenced, nor perhaps will it be prudent, in
the moment of their weakness and distress, to agree to a cessation of
hostilities by land, unless your enemies will remove all their troops
to Europe.
The situation of Spain, her millions being yet on the sea, and the
circumstances in Germany beforementioned, I believe induce this
Court still to continue the injunctions of secrecy relative to the
treaties; but if war is not declared before, I do not see how it can
be avoided as soon as you publish them, which I suppose will be done
as soon as they come to hand, or at least such parts as will announce
the fact to the world in such a manner that it cannot be doubted.
The number of French troops that are now on the coast, in Brittany
and Normandy, with the powerful naval preparations both in this
country and Spain, would effectually prevent Great Britain from
sending any more troops to America this year, even if she could get
them.
I have the honor to be, &c.
WILLIAM LEE.
Mr Deane presents his compliments to Mr Lee. As tomorrow is fixed by
the minister for sending off the despatches, it will be impossible
for him to attend the examination of Mr Morris’s papers before his
brother sets off. As Mr Deane had the honor of mentioning before, it
shall be his first business after the despatches are gone.
_Saturday Morning_.
TO THE PRESIDENT OF CONGRESS.
Paris, March 23d, 1778.
Sir,
To the enclosed copy of my last be pleased to refer. I have the
pleasing satisfaction of congratulating you and my country on the
independency of the thirteen United States of America being now
openly acknowledged by the Court of France, which must soon put a
glorious end to all our troubles. About fourteen days ago the French
Minister in London formally avowed to the British Ministry the
treaty, which His Most Christian Majesty had made with you, and on
the 20th inst your Commissioners were, in form, introduced to the
King and his Ministers at Versailles, as the representatives of a
sovereign State, and on Sunday last they were introduced to the Queen
and all the royal family.
The British Ministry, as usual, have blustered a good deal, but
have not ventured to declare war, that we know of. If they do, our
business may the sooner and better be finished. I set off tomorrow
for Germany, where the prospect of a war between Austria and Prussia
seems to thicken, although this Court uses all its influence to
prevent one, and has explicitly declared to both parties, that
she will not in any manner aid or assist either side, as she is
determined to exert all her force in supporting her new alliance with
the States of America. I have already claimed the King of Prussia’s
promise to acknowledge our independence as soon as France has done
so; his answer I shall meet in Germany, and as far as one can judge
at present, there is a greater probability of my being sooner openly
received at Berlin than at Vienna, but on this head, and at this
critical moment, it is impossible for any man in the world to form a
decisive opinion, because the issue will depend on events that are
yet in the womb of time; therefore, all that is in prudence for me to
do is, on the spot to seize the first opening that is made on either
side in our favor; and I shall take care to give you the earliest
intelligence of every thing material, that occurs in my department.
I have the honor to remain, &c.
WILLIAM LEE.
THE COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM LEE.
York, May 14th, 1778.
Sir,
Your favors of November 24th and December 18th, reached us only the
2d of this month, with the letters of our other friends at Paris,
from whom we had not received a regular packet for eleven months.
You will readily conceive how much we have wished to hear from
you, and how very agreeable your information would have been at an
earlier period. It is evident, that you were yourself in a degree
of doubt as to the conduct of France, even after the conference of
our Commissioners in December; you will, therefore, be naturally
led to give us due credit for the resolute manner, in which we
proceeded upon the two draughts of bills which the British Ministry
had hurried over to America. Be assured we were unacquainted with
the spirit of the French Court. The decisive part it has taken was
really unexpected, judging from the accounts we had collected from
travellers. The dates of the papers herewith sent will enable you to
put this matter in a clear point of view.
The turn of affairs in Europe will make it needless for us to attempt
the finesse of recruiting in Germany, which you hint at, and which
would have a good effect in case of necessity. Mr Arthur Lee’s
letters make it quite probable, that your commission will prove
successful at Berlin, and there appears the best agreement between
the King of Prussia and the Emperor.
The enclosed Resolve of Congress, of the 7th instant, will show
their intentions with regard to your support, which was not properly
attended to when your commission was made out.[53]
Other papers herewith sent will give you a general idea of our
situation. You may be assured that independence is firmly adopted by
the States; and the unanimity of Congress is truly emblematic of all
America. Nova Scotia has long ago expressed its wishes to be adopted
by us, and now afresh solicits. Canada will be greatly affected by
the news of our alliance with its former parent State. In short,
Sir, every thing which could be added to our own determination of
being free and independent, is insured by this eclaircissement of
the Court of Versailles. Our army is growing daily, so that if we
are to negotiate with Britain we shall do it in a proper posture.
There are some reports of her drawing away her troops, that she may
with a better grace enter into parley. But this must be done without
disguise, or no treaty can be held; for surely no one can suppose,
that we shall now give up a point, which we had made a preliminary,
before we knew what powerful friendship was secured to us in Europe.
The powers which had been given to our Commissioners in France,
and our great anxiety to keep perfect faith in treaties, induced
a caution with regard to the powers given in after appointments,
which is now become unnecessary. Perfect equality being the basis of
our present treaties, without any exclusive privileges to France,
there can be no chance of discontent from the conclusion of similar
treaties with other powers of Europe; therefore, we shall doubtless
soon forward to you more full powers than were sent with your
commission. As you seem to think it may be advantageous to have a
cypher for correspondence, we would propose the same which has been
mentioned to Dr Franklin formerly by Mr Lovell, and this is the
rather chosen, because it may serve between the doctor and you or any
number of your friends, taking a different key-word for each.
We are, with great regard, &c.
R. H. LEE,
JAMES LOVELL,
ROBERT MORRIS.
_P. S._ You are to have a plenipotentiary commission with
instructions, _not_ limiting the term of the proposed treaties of
amity and commerce.
[53] “_May 7th, 1778._ Resolved, that the Commissioners appointed for
the Courts of Spain, Tuscany, Vienna and Berlin, should live in such
style and manner, at their respective Courts, as they may find suitable
and necessary to support the dignity of their public character; keeping
an account of their expenses, which shall be reimbursed by the Congress
of the United States of America;
“That besides the actual expenses of the Commissioners, a handsome
allowance be made to each of them as a compensation for their services;
“That the Commissioners of the other Courts in Europe be empowered
to draw bills of exchange from time to time for the amount of their
expenses upon the Commissioners at the Court of France.”
TO THE COMMITTEE OF FOREIGN AFFAIRS.
Paris, September 12th, 1778.
Gentlemen,
I have just arrived here from Germany, and finding the bearer of this
about to set off in a few hours, I cannot omit saying a word or two,
though it will be impossible to be so full as I could wish. I wrote
to the President of Congress from Vienna the 30th of May last,[54]
which was forwarded from hence, to which be pleased to refer; since
then I have received your first and only letter, dated from Yorktown
the 14th of May last, wherein you acknowledge the receipt of mine of
the 24th November and the 18th of December; but I am surprised at
your not receiving also two other letters from me, dated the 28th of
February and 23d of March last, which were sent by Mr Simeon Deane,
and addressed to the President of Congress.
Since my last of the 30th of May, when the war broke out between the
Emperor and the King of Prussia, on consultation with the French
Ambassador at Vienna, it was agreed to be most advisable for me to
retire to Frankfort, and wait there until the several powers in
Germany and the rest of Europe had taken a decided line in this war,
when we might be able to direct our operations to the most advantage
for America, since it was evident, that neither the Court of Vienna,
nor that of Berlin could, in their critical situation, take an open
part with us, for fear of throwing Hanover, with a body of thirty
thousand men, into the scale of the adversary, especially too as
France had declared a neutrality, on the urgent application of the
House of Austria for aid, under the treaties subsisting between them
and France; to which however France replies with truth, that the case
does not exist as specified in the treaty, which obliges them to aid
the House of Austria. The two mighty powers have been in the field
opposed to each other ever since the beginning of July, when the
King of Prussia entered Bohemia with his army, but no battle has yet
been given, or anything material passed on either side. There have
been perpetual skirmishes between the foraging parties and advanced
posts, which on the whole seem rather in favor of the Prussians. In
the course of the winter or spring, we hope things will take such a
turn as to enable me to operate to advantage with one or the other
of the parties, but at present I think you may be assured, that such
measures have been taken as will effectually prevent our enemies
from obtaining any further aid from any part of Europe, if they
should continue the war against us another year, which I can hardly
expect they will do, for I am informed, and have reason to believe
my information true, that orders have been already sent to their
Commissioners in America to acknowledge our independence, if nothing
else will answer, in order to commence a treaty and make a peace.
After my arrival at Frankfort, finding an opportunity offered to me
of negotiating a Treaty of Commerce with the United States of Holland
and West Friesland, I embraced it, and have proceeded so far as to
agree on the draught of a treaty, with the regular representative of
the Pensionary and Burgomasters of the city of Amsterdam, of which
I have not time to send you a copy by this conveyance, but I am
sure you would approve of it, as it contains all the substantially
advantageous articles of the commercial treaty with France, and some
beneficial and agreeable additions.
So far, the business has been conducted on both sides with great
secrecy, which is absolutely necessary in order to procure final
success with the United States here, for though the city of Amsterdam
and the States of Holland pay, it is supposed, about five sixths of
the whole taxes for the support of the government, which consequently
gives them very powerful weight and influence, yet they have no
power, by their constitution, of entering into such a treaty,
without the concurrence of the other United States, in some of
which the Prince of Orange has an over due influence, and all the
world knows his blood connexions with the king of England, as well
as that he has the same designs against his country, that have been
attempted to be carried into execution against us, and which he hopes
to succeed in by the aid of his cousin of England, with whom he is in
the strictest intimacy. This renders secrecy of the last importance,
until the patriots in Holland have secured success, before the
business is agitated in the General Assembly of the States, where it
must come, to have full authority.
Here I find myself embarrassed, because I have no power to sign such
a treaty, and I know not how to determine as yet about communicating
it, in the present situation of things, to those who have a power
to sign it in your name, because it is well known that some of the
most important negotiations and proceedings here, relative to your
affairs, have sometime past been very speedily communicated in
England, and I have not yet been able to learn that the old channel
is stopped. I shall, however, proceed in the manner, that shall on
the maturest reflection appear the best to forward the wishes of
Congress, and advance the prosperity of our country.
In a week or ten days I shall return to my station in Germany, and
watch with careful attention over my charge there, and when any thing
material occurs you shall be duly advised.
I have the honor to be, &c.
WILLIAM LEE.
[54] Missing.
TO THE COMMITTEE OF FOREIGN AFFAIRS.
Frankfort, October 15th, 1778.
Gentlemen,
I have the honor of forwarding to you herewith a third copy of a plan
of a treaty of amity and commerce, between the Seven United Provinces
of the Netherlands and the United States of America, which you will
perceive was settled by M. de Neufville, as the representative of
Mr Van Berckel, Counsellor Pensionary of the city of Amsterdam, and
myself. The Burgomasters of Amsterdam had authorised Mr Van Berckel
to treat in this business in their name, and the Pensionary regularly
authorised M. de Neufville, a capital merchant of Amsterdam, to treat
with me. I forwarded two copies of this plan from Paris last month,
where I went to communicate what had been done to the Commissioners
there, as I did not think myself authorised to proceed any further
alone.[55] They were fully informed by me of the state of politics
in Holland, and that a great deal of management and secrecy in the
present stage of the business would be requisite to complete it
successfully, because the English party having the Prince of Orange
at its head is very powerful, and might effectually obstruct the
progress, if the negotiation comes to their knowledge before the
Pensionary and Burgomasters have made sure of carrying the point in
the Assembly of the States-General.
The further progress in this business your Commissioners at Paris
will no doubt communicate to you. However, it appears to me of no
inconsiderable importance, that I have obtained from the Pensionary
an engagement, that the States-General shall not take any measures
that may be injurious to the United States of America, provided
America shall not take any measures injurious to Holland. This
engagement the Pensionary is alone capable of complying with, because
his single negative is sufficient to prevent the States-General from
entering into any such measures, and consequently the States will be
prevented from giving any aid to Great Britain against our good ally,
France.
I have so often given you a full account of the situation of affairs
in this quarter of the world, that I have little to add on that
subject. Though the king of Prussia was prevented, by the critical
situation of politics here, from complying with the promise he had
made of acknowledging our independence as soon as France had done
so, I thought it proper to write to his Minister to know whether our
privateers and armed vessels would be permitted to enter and refit in
the Prussian ports; to which he replied, that his Majesty’s absence
from Berlin, and his continual application to the great object in
which he is engaged, prevents him from being able at present to make
me a favorable reply, but he hopes that circumstances will soon
enable them to make us more advantageous proposals than they have
already done.
The campaign is ended for this year, and nothing material has passed.
There are some politicians who think the winter negotiations will
produce peace, and if they do, I think the king of Prussia will not
then hesitate to enter into a treaty with us. As to the Court of
Vienna, you know my commission only authorised me to treat with the
Emperor, who has been since the beginning of April with his armies
in Bohemia; however, while I was at that Court our affairs could not
be advanced there, because both the Emperor and the King of Prussia
stand in the same predicament with respect to Hanover, which has now
increased its army to near thirty thousand men. The Emperor wishes
to keep Hanover neuter, and the King is exerting all his political
abilities to have the Hanoverian army active on his side. This winter
will, it is generally believed, decide the part that Hanover will
take if the war continues in Germany, in which case the opposite
party will soon join issue with us; in the meantime, we must have
patience, as at present neither side can in prudence enter into any
measures with us, unless France makes a point of it.
With the advice of the French Ambassador at Vienna I shall remain
here, as being a central place for Germany, until we can see with
more precision how to direct our future operations. I understood from
his Excellency Count de Vergennes, when I saw him at Versailles last
month, that he thought our business by and by would go forward at
Vienna. As the Court of Versailles can at any time influence that of
Vienna with respect to us, I presume some plan of that sort is now
in agitation, of which I expect due information from his Excellency
the Baron de Breteuil at Vienna; but I must remind you, that under my
present commission, I have no authority to conclude, or even to treat
of any thing with this Court. This I explained fully to you in my
letters last winter, which you must have received.
I am, Gentlemen, with the highest esteem and regard, &c.
WILLIAM LEE.
[55] For letters from M. Van Berckel and M. Dumas on this subject, see
the Correspondence of the Commissioners in France. Vol. I. pp. 456,
457, 476, 480, 488.
PLAN OF A TREATY WITH HOLLAND.
_Plan of a Treaty of Commerce, to be entered into
between their High Mightinesses the States of the
Seven United Provinces of Holland, and the Thirteen
United States of North America_.
The parties being willing to fix in an equitable and permanent
manner the rules, which ought to be followed relative to the
correspondence and commerce, which they desire to establish between
their respective countries, states, subjects, and people, have
judged, that the said end could not be better attained, than by
taking for the basis of their agreement the most perfect equality
and reciprocity, and by carefully avoiding all those burdensome
preferences, which are usually the sources of debate, embarrassment,
and discontent; by leaving, also, each party at liberty to make,
respecting commerce and navigation, such interior regulations as it
shall find most convenient to itself, and by founding the advantage
of commerce solely upon reciprocal utility, and the just rules of
free intercourse, reserving withal to each party the liberty of
admitting at its pleasure other nations to a participation of the
same advantages.
On these principles the parties above mentioned have, after mature
deliberation, agreed to the following articles.
ARTICLE I.
There shall be firm, inviolable and universal peace and sincere
friendship between their High Mightinesses, the States of the Seven
United Provinces of Holland, and the United States of North America,
and the subjects and people of the said parties; and between the
countries, islands, cities, and towns situated under the jurisdiction
of the said United States of Holland, and the said United States of
America, and the people and inhabitants thereof, of every degree,
without exception of persons or places.
ARTICLE II.
The subjects of the United States of Holland shall pay no other
duties or imposts in the ports, havens, roads, countries, islands,
cities, and towns of the said United States of America, or any of
them, than the natives and inhabitants thereof shall pay, but shall
enjoy all the other rights, liberties, privileges, immunities, and
exceptions in trade, navigation, and commerce, in passing from one
part thereof to another, and in going to and from the same, from and
to any part of the world, which the said natives or inhabitants enjoy.
ARTICLE III.
The subjects, people, and inhabitants of the said United States of
America, or any of them, shall not pay any other duties or imposts
in the ports, havens, roads, countries, islands, cities, or towns,
subject to their said High Mightinesses, the States of the Seven
United Provinces of Holland, than the natives and inhabitants of
those countries, islands, cities, or towns shall pay; but shall
enjoy all the other rights, liberties, privileges, immunities, and
exemptions in trade, navigation, and commerce, in passing from one
part thereof to another, and in going to and from the same, and to
and from any part of the world, which the said natives or inhabitants
enjoy.
ARTICLE IV.
The subjects and people of each of the aforesaid confederates, and
the inhabitants of countries, islands, cities, or towns belonging
to either of the parties, shall have liberty freely and securely,
without license or passport, general or special, by land or by water,
or in any other way, to go into the kingdoms, countries, provinces,
lands, islands, cities, villages, towns, walled or unwalled, or
fortified ports, dominions, or territories whatsoever, of the other
confederate, there to enter, and return from thence, to abide there
or pass through the same, and in the meantime to buy and purchase as
they please all things necessary for their subsistence and use, and
they shall be treated with all mutual kindness and favor; provided,
however, that in all matters they behave and comport themselves
conformably to the public laws, statutes, and ordinances of such
kingdom, country, province, island, city, or town, in which they may
be and live, and converse with each other friendly and peaceably, and
keep up reciprocal concord by all manner of good understanding.
ARTICLE V.