probability of their being only pretended ones, I shall proceed
to state what appears to me to be the true cause of your conduct,
and as it will be necessary to trouble you with a dull narrative,
you will I hope excuse it on account of the importance of it. I
received a letter in October last from Mr William Lee, one of the
joint commercial agents for conducting the affairs of the Congress
in this kingdom, desiring my attendance at your house at Passy, and
informing me, that he had something of importance to lay before
the Commissioners. I accordingly attended, and heard an account of
some very extraordinary abuses and embarrassments in the commercial
department, owing to the misconduct of Mr Thomas Morris, late one of
the joint commercial agents, and to the claim which certain persons
made to the management of the affairs of the Congress at Nantes. Mr
Lee complained of great obstructions, which he had met with from
these circumstances, that so far from receiving any assistance from
the Commissioners, they seemed to have encouraged the persons who
opposed him in the discharge of his duty, and that he had repeatedly
written to the Commissioners for their support, without ever having
been able to obtain the favor of an answer. He expressed his desire
of returning to Nantes, and using his endeavors to prevent the
repetition of such abuses as had been stated, and did not doubt but
with the support of the Commissioners he should be able to render
this material service to the public. The support which he required
was a letter from the Commissioners, addressed to all such captains
of ships as were in the service of the United States, informing them,
that he was an agent properly authorised by Congress to manage their
commercial concerns in this country, and that it would be proper for
them to follow his instructions. This request, which appeared to me
extremely reasonable, was to my astonishment rejected both by you and
Mr Deane.
This appeared the more extraordinary to me, as you both acknowledged,
that you were perfectly convinced of the truth of what Mr Lee had
stated to you, and said you had laid these abuses before Congress,
and complained in the strongest terms against Mr Thomas Morris, whose
misconduct had occasioned some of them; that Congress had given you
a tacit reproof, by taking no notice of the complaints you had made,
and that Mr Robert Morris, a member of the committee for foreign
affairs, had given you _a rap over the knuckles_ for having made
them. I begged you to consider that the silence of Congress, which
you had construed into a reproof, might have been occasioned by the
multiplicity of business they had to transact, or they might have
attended to it, and their letter on the subject have miscarried.
This you said could not have been the case, as the complaints to
Congress against Mr Morris made but part of your letter; there were
several other matters contained in it, which were all answered, and
as the complaint against Mr Morris was the only part unnoticed, you
considered it as a reproof to you for having written to Congress
about it. You had attempted once to correct the abuses, which every
body knew were practising at Nantes to a very scandalous degree.
Mr Robert Morris had misrepresented your good intentions, and
had insinuated in his letter to Mr Deane of June 29th, that your
complaints against his brother were made from interested motives,
and that you wished him removed to make way for your nephew. As your
conduct had in one instance, relative to the abuses at Nantes, been
thus misrepresented, you were determined it should in no other, by
adhering to your resolution of not meddling with them.
Your reasons did not appear at all satisfactory to me, and I took
the liberty of telling you so, which gave you very great offence.
I was extremely sorry for it, but did not at that time, nor have I
upon the most mature deliberation since been able to conceive how it
could have been avoided consistent with my duty. I requested you to
consider how unreasonable it was, to allow your resentment against
the Committee for a supposed tacit reproof, and against Mr Robert
Morris for what you called _a rap over the knuckles_, to operate to
the prejudice, perhaps to the destruction of the commercial concerns
of your country. Your answer was direct and positive; “If these
consequences should happen, Mr Robert Morris and the Committee must
be answerable for them, but you were determined not to meddle with
the matter.” In this determination Mr Deane co-operated, and we
parted without Mr Lee’s having been able to obtain any satisfaction
on the subjects of his complaints, except a promise on your part to
countermand an order you had given relative to the sale of one of
the prizes at Nantes. This promise, however, I understand was not
fulfilled. I most solemnly protest, that I believe this interview to
have been the cause of your excluding me from all communications.
Perhaps it may be said, that you were not required by Congress to
make those communications. This may be considered in the nature of
those injuries against which no positive law can be produced, but
which are, notwithstanding, known to be injuries by all the world.
Had the directions of Congress, however, in these points, been as
explicit as words could make them, I doubt not but you would have
found the means of evading them, as you have in others, if it suited
your purpose, and have drawn arguments for your justification from
every source. I shall trouble you with my reasons for thinking so. I
requested of you at Chaillot, to let me know why you had disregarded
the instructions of Congress respecting the treaty; you expressed
your doubts whether Congress intended to have anything communicated
to me, except the treaty after it was _concluded_. I referred you to
the words of the instruction itself, which I had quoted to you in my
letter, and asked you if you thought it possible, that the gentlemen
who had written them could have been so ignorant, as not to know the
distinction between a _proposition_ and a _conclusion_. Other doubts
arose. If I had been at Florence, the department which was assigned
me by Congress, it might have been inconvenient to have followed the
strict letter of the instructions, by sending every alteration of
the treaty, that might have been proposed on either side, on account
of the danger of their being intercepted.
In this I agreed with you perfectly, and told you that if I had
been at Florence, you would have had an excuse which at that time
was of service to you. I am sorry to be obliged to refer to words
spoken in conversation; I have wished to avoid it, but you have put
it out of my power. Had you written down what I have just related,
which you promised me to do, it might have been of service to you
in one instance. You would have recollected having already given it
as your opinion, that if I had been at Florence, it would have been
improper to have sent me the alterations proposed in the treaty, and
would probably not have mentioned to Mr Pringle a reason in your
justification totally the reverse of this. As you have, however, done
it, it will be necessary to remind you that my not having gone to
Florence has been entirely owing to reasons given me by the Tuscan
Minister at this Court, which I have informed Congress of. These
reasons were also communicated to you and the other Commissioners,
and you thought they ought to be complied with.
You observed to Mr Pringle, that I had written you an angry letter.
When you reflect upon your proceedings towards me, that ought not
to surprise you. Having considered myself injured by you, I make a
complaint to you in writing; you deny that it is well founded, and
promise me an explanation of your conduct. Relying upon your word,
I suffer myself to be amused from time to time by promises and
excuses, till Mr Deane, who has supported you in all your measures,
sails for America. Would it not have been fair and honorable to have
given me your reasons in justification of your conduct before that
gentleman’s departure, that I might have had an opportunity either
of being convinced by them or of refuting them, and that his verbal
representations in America might not be made without having anything
from me to oppose them.
I am very gravely told, that as a proof of your not having thought
it a good opportunity, you had not yourself written by Mr Deane. Is
there a man of common sense in the world, who will not see, that as
Mr Deane is a party concerned in the contest, which has unhappily
subsisted between us, and of course will be interested in your
justification, there was no absolute necessity for your writing, but
that the very reverse was the case with me? Having thus blown up a
flame about me, you are unreasonable enough to be surprised at my
being warmed by it. Does not this resemble the conduct of the tyrant
Kouli Khan, who, having cut the tendons of a man’s legs with his
sword, would afterwards have compelled him to dance? I must be very
plain in telling you, that I envy not the feelings of that man, be
his reputation ever so highly exalted, who can with coldness either
offer or receive an injury.
I have been told by a gentleman, that the French Ministry had desired
that Mr Arthur Lee and myself, _expressly mentioned by name_, might
have certain matters concealed from us. I cannot take a step in this
business without having some insinuation to encounter. My informant
was not so explicit as I wished him to be. He did not acquaint me
with the points intended to be concealed, whether they related to
the treaties or to the departure of Mr Deane. I must beg the favor
of you, therefore, to let me know if you were desired by the French
Ministry to conceal either or both the matters from me _by name_, or
whether, as I believe to be the case, you had no such injunctions at
all. There is reason to believe, that the insinuation is injurious
both to the French Ministry and to us. I have never, by any part of
my proceedings, subjected myself to be refused admittance into their
presence. I have never been compelled to have recourse to any person
to soothe and deprecate their resentment, excited by transactions,
which they thought obliged them to make use of expressions highly
reflecting on the honor of my country, at the very time when
perhaps the interests and even the safety of America might have
been affected by that resentment. Will you undertake to make the
same declaration? If you do, it shall appear, that I do not deal in
insinuations; and if the Ministry were inclined to show any marks of
their dissatisfaction, the world will judge who were the persons most
likely to experience them.
If after having been made acquainted with the instructions of
Congress relative to the treaty, the Ministry desired to have the
proposed alterations concealed from me, and there was any danger of
an obstruction to your negotiation if the directions of Congress were
insisted on, I shall endeavor to learn what could have induced them
to such a conduct. The mischievous tendency of some parts of the
treaty might have been pointed out, had they been communicated to me
before it was too late, and a troublesome and ineffectual application
to the Court of Spain for relief might have been rendered unnecessary.
I am, Sir, &c.
RALPH IZARD.
TO HENRY LAURENS, PRESIDENT OF CONGRESS.
Paris, June 28th, 1778.
Dear Sir,
The treaties are expected to arrive soon in France, as Congress
received them by the Sensible, a French frigate, in the month of
April. In some of my letters I informed you of my sentiments on
one or two of the articles in the treaty of commerce, and of the
ineffectual steps, which I took in consequence of them. Whether
Congress has been made acquainted with these sentiments, or whether
they approve of them, I know not, as I have not received a letter
from you, from the Committee, nor from any member of Congress, since
my arrival in France. The treaties were not communicated to me till
the 30th of March, when they were half the way over to America, and
of course too late for any alterations to be made until they had
undergone the inspection of Congress.
From the dispositions of the principal parties concerned in the
negotiation, and from the manner in which my application respecting
the eleventh and twelfth articles of the treaty of commerce was
received, there is very little reason to think, that any objections,
however justly founded, would have made any impression. I have,
however, done every thing in my power, and I shall be very happy if
any good effects should be produced by my endeavors. It has been
my constant wish to avoid contentions of every kind; it has been
particularly my desire to avoid them with Dr Franklin from every
consideration. His abilities are great, and his reputation high.
Removed as he is at so considerable a distance from the observation
of his constituents, if he is not guided by principles of virtue
and honor, those abilities and that reputation may produce the most
mischievous effects. I send you by this opportunity some papers,
which I desire may be communicated to my countrymen from South
Carolina, who are members of Congress, and if it is your opinion,
that they or any part of them should be laid before Congress, you
will be so good as to do it. If, on the contrary, you think the
situation of affairs will make it improper to trouble Congress with
them, you will withhold them. It is my wish, however, that you may
approve of their being communicated to Congress. Whatever may be your
determination, I shall think I have acted right in communicating
them to you. You will find from them with what caution the treaties
were concealed from me, while they were negotiating, and even after
they were signed. When Dr Franklin thought Mr Deane had been gone
long enough to get to America, before any observations could be
written on the contents of them, they were sent to me. The article
respecting molasses, in the treaty of commerce, may be productive of
considerable mischief.
I can, however, account for that transaction from natural causes. Two
of the gentlemen engaged in it were born in New England. That part of
America is possessed of very few articles of export, and the great
use which is made there of molasses makes it a very desirable object,
that it should be perpetually exempted from duty. The articles in the
treaty of alliance, which I have complained of, are infinitely more
mischievous, and when I attempt to account for the conduct of the
gentlemen, who have concluded them, and at the same time set aside
the clear and unequivocal article on the same subject, transmitted
to them by Congress, I am utterly incapable of doing it without
suspecting the most dishonorable practices, which I cannot think they
have been guilty of.
It appears the more unaccountable, when the instructions, which were
transmitted by the Congress to the Commissioners at the time the
original treaty was sent, are examined. Congress judged, that some
alterations might be found necessary, and explained their intentions
in the following manner. “It is the wish of Congress, that the treaty
should be concluded, and you are hereby instructed to use every
means in your power for concluding it, _according to the plan you
have received_. If you shall find that to be impracticable, you are
hereby authorised to relax the demands of the United States, and
to enlarge their offers, _according to the following directions_.”
In these instructions, such articles as it was thought would admit
of alteration are pointed out. But the ninth article is not among
the number. It seems indeed essential to the safety of the United
States, that the countries and islands therein expressly mentioned,
should be in their possession. There is a most uncommon degree of
effrontery in Dr Franklin’s declaring, that the fifth article of the
treaty of alliance could not possibly admit of such a construction,
as I apprehended might be put upon it. I have not the least doubt
but it was intended to leave an opening for negotiating Florida into
the possession of Spain, if the successes of the House of Bourbon
against England should put it in the power of the former to dictate
the terms at the conclusion of a general peace. It is more than
probable likewise, that what I have hinted at in my letter to Mr Lee,
respecting Newfoundland, and the other Islands on our coasts, and
the fishery, may in future be productive of a great deal of trouble,
if proper explanations are not obtained in time.[67]
If anything was necessary to make the effrontery, which I have just
taken notice of, complete, it was Franklin’s observation, that if my
apprehensions were ever so just, it was now too late for any remedy
here. His tricks and chicanery put it out of my power to make any
objections before the treaties were signed and sent to America, and
then he gives that as a reason, why no remedy should be attempted
against the evil, which is pointed out. In my conscience, I believe
him to be an improper person to be trusted with the management of the
affairs of America in this kingdom. If he were sent to the Court of
Vienna he could not have an opportunity of doing any harm. No affront
could be taken at this exchange, as that Court is in general looked
upon to be the first in Europe, and it is improper for the same
person to have a commission both for Vienna and Berlin.
The English newspapers have given us the proceedings of Congress
on the 22d of April, respecting the conciliatory bills. I am very
anxious to know what reception the Commissioners have met with, and
the extent of their powers. It is much to be lamented, that they
have not been enabled by Parliamentary authority to acknowledge the
independence. The Ministry are fully convinced themselves, that
nothing else will do, and yet they continue to act under the same
dreadful infatuation, which has already produced so many calamities
to their country, and refuse to adopt any measures, however salutary,
till it is too late. I most ardently wish for peace, provided it
can be obtained upon terms, which Congress may think proper to be
accepted.
Mr William Lee has been some weeks at Vienna. He writes me, that the
French Ambassador advises him “to wait there with patience, till
the prospect of things open a little more than they do at present.”
I have informed you in several of my letters, that my reception
in Tuscany depends entirely upon the proceedings of the Court of
Vienna. The Emperor and the King of Prussia are each at the head of
a powerful army in Silesia, and within a few miles of one another. A
negotiation has been for several weeks constantly carrying on with
respect to the succession of Bavaria, and it is astonishing, that
nothing is yet concluded. Each of those princes has two hundred and
fifty thousand regular troops, and more are continually raising. The
Emperor has, besides, the Hungarian nobility and their dependants,
who may upon occasion be called upon to serve. They are supposed to
form a body of about three hundred thousand men, and may be looked
upon as militia.
The King of Prussia, although negotiating with the Emperor, is not
idle in other matters. He is using his utmost endeavors to excite
the northern powers to join him against the House of Austria, and if
he succeeds in bringing about an accommodation between the Russians
and the Turks, the Czarina will certainly afford him very powerful
assistance. Whether either the Emperor or the King of Prussia will
be connected with England does not yet appear. Neither of them seems
inclined to offend her at present. The troubles in Germany have
certainly produced this effect on the King of Prussia, for he made
the clearest declaration before the death of the Elector of Bavaria,
that he would be the second power in Europe to acknowledge the
independence of America.
I am, dear Sir, &c.
RALPH IZARD.
[67] Succeeding events proved all these suspicions and speculations to
have been erroneous.
TO HENRY LAURENS, PRESIDENT OF CONGRESS.
Paris, July 25th, 1778.
Dear Sir,
The treaties were received by the Spy on the 9th instant, I am glad
to find that the 11th and 12th articles of the treaty of commerce
appeared to Congress in the same light that they did to me. The
Committee of Foreign Affairs, in their letters to the Commissioners
here, of May 14th and 15th, made nearly the same observations that I
did to Dr Franklin, in my letter to him on that subject.
I have not however the satisfaction of knowing whether the part I
have acted has been approved of, or even whether any of my letters
got to your hands, as I have not been favored with a line from you
since your arrival in Congress. I shall not complain, but follow
Dr Franklin’s maxim in his letter of January 29th, which is, “to
suppose our friends right, till one finds them wrong, rather than to
suppose them wrong, till one finds them right.” It is possible that
my letters to you, and yours to me, may have been lost or stolen.
The tricks that were played with Mr Lee’s letters, and the public
despatches, that were sent by Folger, will justify any suspicion. I
shall take it for granted, that if you have written, your letters
have miscarried, or if you have not written, that you were prevented
by business of greater importance. It is however very unfortunate,
and you cannot but be sensible how mortifying it must be to me, who
have been engaged in distress and trouble, in consequence of my
doing my duty to the public, not to find attention and support from a
quarter, where I had every reason to expect it.
I had just written thus far when Mr Adams sent me your letter of
May 19th, which was enclosed to him; and I thank you heartily for
the very friendly expressions contained in it. You mention, that
you intended to write me more fully by the same opportunity; but as
that letter is not come to hand, I suppose it was too late for the
conveyance. I am very anxious to see it, and hope to find by it that
my proceedings have met with your approbation. The ratification of
the treaties by Congress has put the ministry and the whole nation
into as good spirits, as our countrymen were put by them. Except
the parts which I have mentioned to you, they seem to be very fair
and equitable, and I really believe that if a certain gentleman
had thought less of his infallibility, they might have been made
unexceptionable. The ministry made no objection to the alteration
respecting the molasses, and I most sincerely wish, that Congress
in their hurry had not passed over the other articles, which I am
convinced will occur to them, when perhaps it may not be so easy to
get them altered as at present.
The war in Germany is already begun. The King of Prussia, finding
that his negotiations proved fruitless, has marched his forces into
Bohemia, and that unhappy country, the constant seat of misery,
will in all probability experience more calamities than ever. The
wisdom of the Congress, and the valor of our countrymen, will I hope
soon remove the war from our continent, and I pray to God that the
blessings of peace may be at no great distance.