propositions, which might wound the dignity or delicacy of either of
the parties, or any of those, which might in the first instant have
obliged them implicitly or explicitly to decisions, which can only be
the result of a consent obtained by the way of negotiations. They must
consequently have confined themselves to seeking and finding out some
proper means to enable the belligerent powers to assemble their
respective Plenipotentiaries, at the place where the Congress shall
sit, to endeavor, under the mediation of the two Imperial Courts, to
settle amicably all the differences, which are the causes of the
present war, and when once they have met, and are provided with
instructions for all possible cases, to be continually at hand, to
seize one of those happy moments, which circumstances sometimes bring
on, and which are often lost forever, or at least for a great while,
when one has not been at hand to take advantage of them.
They have found at the same time no other inconveniency in this, but
that perhaps the progress of the negotiation might not be altogether
so rapid as it would undoubtedly be wished. The suspension of arms and
of the _statu quo_ by itself, independent of the remaining part of the
proposition, can either be adopted or rejected; and after having
weighed with the greatest impartiality the inconveniencies and
advantages, which may result from the acceptation of their
propositions, it has consequently appeared to them, that nothing could
better suit the respective interests of the belligerent powers, as
well as their general and particular circumstances. They still persist
in that opinion, and from the sincere interest, which they take in the
circumstances of all the belligerent parties, they cannot but wish,
that they might still admit between themselves, with such
modifications as they should think proper, the Articles, which have
been proposed to them, and which, as his Most Christian Majesty well
observes, are not Preliminary Articles, as in the nature of things
they could not be such, but which can no less be the means, not only
of bringing on at one moment or other the conclusion of a preliminary
treaty, but perhaps even that of peace, a speedy return of which is so
much to be wished for.
The two Imperial Courts have thought, that in return for the
confidence, with which his Most Christian Majesty has expressed
himself in his answer, they ought to show as much in exposing to him
the light, in which they have seen the step they have taken in
proposing the Articles, which they have caused to be communicated to
him, and which they still persist in holding out, that the belligerent
parties may still be able to adopt what has been proposed to them, or
if not, to communicate some other idea, which may be productive of the
same good effects, or of happier ones if possible. His Most Christian
Majesty may be persuaded beforehand, that in that case they will with
the greatest zeal make such use of it as they shall think most useful
and convenient. Nothing can certainly add to the sincerity, with which
they will take care to justify on every occasion the confidence, which
the high belligerent parties have shown in accepting their mediation.
FOOTNOTES:
[4] The answer of the Court of Madrid is missing.
* * * * *
No. 5.
_Answer of the Court of France to the Reply of the Mediators._
Translation.
The King has received, with equal sensibility and gratitude, the
answer of the two mediating Courts; his Majesty regards it as a new
proof of their friendship for him, of the just estimate which they
form of his confidence in their impartiality, and of the true interest
which they take in the prompt re-establishment of peace.
The King has not changed, and will not change, in his desire to second
views so salutary; and the two high mediating powers may be assured,
that so far as concerns his Majesty, it will not be owing to him, if
they are not soon in a situation to give full scope to their
beneficent zeal.
But the Court of London deprives the King of every expedient and every
hope, on this subject, by its invariable resolution to regard and
treat the Americans as its subjects. Such a resolution renders
abortive every exertion, that may be made for obtaining peace. It
utterly destroys the plan of the two mediating powers, since it
decides, in the most peremptory manner, the question which is the
subject of dispute, and the direct or indirect decision of which
should be the preliminary basis of the future pacification.
In this state of things the King thinks, that the conferences,
proposed by the two mediating Courts, would at present be without
effect, and that the meeting of the respective plenipotentiaries would
be but a vain pretence, which would not diminish nor abridge the
horrors of war, and which might compromise the dignity of their
Imperial Majesties.
The King is truly sorry to see, that things have taken a direction so
contrary to his wishes, and to the expectations of their Imperial
Majesties; and, if it were in his power to change it, he would do it
with an eagerness, which would show to them the purity of his
intentions; but his Majesty thinks it his duty to observe, that he has
allies with whom he has inviolable engagements, that he should betray
them by abandoning the American cause, and that he should betray this
cause, if he consented to negotiate a peace separate from and
independent of the United States. The high mediating powers have
perceived the impossibility of such a proceeding, since they have
themselves proposed to place the negotiation of the King, and that of
the United States, upon an equal footing.
But even admitting, that the King should lay the affairs of America
out of the question, that he should be content to act only for his own
personal interest, and that he should leave to the Americans the care
of coming to an accommodation with their mother country, what would
be the result of this mode of proceeding?
The result would be, that the peace would be deceptive; that it would
have a merely speculative existence. In fact, if, as appears from the
strongest evidence to be probable, the Americans should persist in
their refusal to return to their obedience to the British crown, the
war between Britain and her former colonies would still continue. The
King would then be obliged, as at present, to assist them; the King of
Spain, on his part, would be under the necessity of assisting his
Majesty; so that France and Spain, after the signature of their
private treaty, would be in the same situation as they now are.
These considerations seem to the King to be most forcible, and his
Majesty has too just an idea of the wisdom and penetration of the two
high mediating powers, not to be convinced, that they will regard them
in the same point of view, and that they will wholly approve the
cautious course which they oblige him to pursue.
The King is earnestly desirous to be able to change this course, and
it is in consequence of this desire, that he invites the high
mediating powers to employ all their influence at the Court of London
to induce that Court to show dispositions, which may convince us, that
it is at last resolved to unite, in good faith, in a prompt and
equitable peace.
The King thinks, that he ought to inform the high mediating powers,
that his Ambassador at Vienna is at present authorised to attend to
all overtures and all expedients, which tend to this object, whether
they come from the Court of London, or are proposed by their Imperial
Majesties; and he is also authorised to join in the negotiation, if
sufficient grounds are presented to him, for conducting it safely to a
happy conclusion, under the auspices of their Imperial Majesties.
* * * * *
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, November 23d, 1781.
Sir,
I have the honor of sending to you a letter, which I wrote to the
commanding officer of St Domingo, in consequence of that with which
you honored me yesterday.
Be pleased to send the two despatches to those interested, in order
that they may send them to their _Fondé de Procuration_ by safe
opportunities.
I have the honor to be, &c.
LUZERNE.
* * * * *
CONGRESS TO THE KING OF FRANCE.
The United States in Congress assembled to their Great, Faithful, and
Beloved Friend and Ally, Lewis the Sixteenth, King of France and
Navarre.
Great, Faithful, and Beloved Friend and Ally,
At a period so glorious to the arms of France, both by sea and land,
and so favorable to the fortunes of America, it is with particular
satisfaction that we congratulate the Monarch, whose wise counsels and
generous support have so largely contributed to events, illustrious in
themselves, and promising consequences truly important.
We wish to convey to your Majesty our sense of the victory obtained by
the Count de Grasse over the enemy's fleet on our coast, and the
subsequent reduction of the British armament in Virginia; and we
repeat our grateful acknowledgments for the various aids so seasonably
extended to us. From the benevolence and magnanimity, which has
hitherto interested your Majesty in the welfare of these States, we
are convinced, that you will on this occasion feel an equal pleasure
with ourselves, whose immediate advantage is the result of such
fortunate exertions.
We mention with great pleasure the zeal and ability manifested by the
Count de Rochambeau, commanding your Majesty's forces in the allied
army. His conduct, and that of his officers under him, merit our
fullest approbation; and we are made further happy by the perfect
harmony and affection, which has subsisted between the troops of the
two nations.
The distress occasioned to the common enemy by combined operations
will, we trust, point out to both nations the utility of similar
measures in future; and whilst it induces your Majesty to supply that
naval force, which the situation of our country renders necessary,
will urge the United States to every effort which their particular
interests, added to their desire of seconding your Majesty's views,
can call forth to ensure the complete success of attacks upon the
enemy's strong holds.
It is with great pleasure, that the United States continue to number
some of your Majesty's subjects amongst their most able, spirited, and
faithful officers. It affords the world a striking proof of the
intimate connexion, which subsists between the allied nations, at the
same time serves to cement the union which it manifests.
Major General the Marquis de Lafayette has in this campaign so greatly
added to the reputation he had before acquired, that we are desirous
to obtain for him, on our behalf, even notice in addition to that
favorable reception, which his merits cannot fail to meet with from a
generous and enlightened Sovereign; and in that view, we have directed
our Minister Plenipotentiary to present the Marquis to your Majesty.
We pray God, Great, Faithful, and Beloved Friend and Ally, always to
keep your Majesty in his holy protection.
Done at Philadelphia, the twentyninth day of November, in the year of
our Lord one thousand seven hundred and eightyone, and in the sixth
year of our independence. By the United States in Congress assembled.
Your faithful Friends and Allies.
JOHN HANSON, _President_.
CHARLES THOMSON, _Secretary_.
* * * * *
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, December 11th, 1781.
Sir,
I have received the letter, with which you yesterday honored me. I
have, consequently, the honor of sending you triplicate copies of a
letter, which I wrote to the Count du Durat, Governor of Grenada. Be
pleased to send it to the persons whom it concerns, and at the same
time to advise them to annex to it copies of their memorial in French.
I hope that it may prove satisfactory to them. I can do nothing else
in affairs of this kind, except to invite the Admiralties of our
Islands to take them into consideration.
I have the honor to be, &c.
LUZERNE.
* * * * *
TO COUNT DU DURAT, GOVERNOR OF GRENADA.
Translation.
Philadelphia, December 11th, 1781.
Sir,
I have the honor of sending you a copy of a memorial presented to the
State of New Hampshire, and sent by that State to Congress, relative
to a ship carried to Grenada by some American sailors, whom the
English had compelled to serve on board of her. I do not know what are
the rules or usages, to which the Admiralty of Grenada conform in such
cases, I merely inform you, Sir, that by the laws of Congress, when
insurgent sailors bring an English vessel into the ports of the United
States, it is adjudged as a prize to them. The Admiralty of St
Domingo, knowing these laws, have not hesitated, in a similar case, to
restore the prize to the Americans, who had conducted it into port,
after deducting the expenses of the proceeding.
I have the honor to be, &c.
LUZERNE.
* * * * *
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, December 21st, 1781.
Sir,
I do myself the honor to enclose an extract of my letter to Dr
Franklin, on the subject of the late ordinance of Congress, relative
to captures. Though in it I suggest a mode, by which the identity of
goods captured and shipped may be authenticated, yet I have not
thought it prudent to give it the preference to any other, which Dr
Franklin, upon communicating with the Minister, may think more proper.
I have only to request, that you will by your representations second
his, and urge the Court of France to adopt the regulation above
suggested, or any other that will best guard against this illicit
commerce on the one hand, or the injury of innocent dealers on the
other.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
* * * * *
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, January 19th, 1782.
Sir,
I do myself the honor to enclose two letters from Mr Deane, which were
delivered with his own hand to a Mr Marshal, who has sworn to their
identity. These add so much weight to the suspicions already
entertained against him, that they may probably be of use to your
Court in justifying any measure, which they may deem it proper to
adopt, to prevent the ill effects of the principles he endeavors to
disseminate, and to invalidate the ill-founded assertions he makes.
I beg to be informed whether you think it probable that the Hermione
has sailed yet, and if not, whether you have any express going down to
her.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
* * * * *
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, January 20th, 1782.
Sir,
I thank you for communicating to me Mr Deane's two letters. I shall
transmit them to my Court. I am not at present, sending any express to
the Chesapeake, but I shall probably send one as soon as I shall have
received the letters, which should have been brought by the Sybil. It
is still possible that the Hermione may be charged with them.
I proposed to have the honor, at the first opportunity, of conversing
with you upon a circumstance, which it is desirable that Congress
should alter. In the State of Massachusetts there is no Marshal of the
Court of Admiralty. The custom in that State is, to put into the hands
of the agent of the _libellant_ the effects _libelled_, and the
proceeds of their sale, if it has taken place. This practice has
already been attended with great inconveniences, as it respects French
merchants, and particularly as it respects a Spanish vessel, the
owners of which, it is thought, have lost from twentyfive to thirty
thousand pounds sterling, merely because the contested property had
not been put into the hands of a responsible public officer. You will
be better able, Sir, than I am, to judge by what means these
inconveniences may be remedied.
I have the honor to be, &c.
LUZERNE.
* * * * *
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, January 24th, 1782.
Sir,
Reflecting that our not communicating the resolutions of the 22d to
you, when we send them to Dr Franklin, might appear to the Count de
Vergennes to betray a want of confidence in you, which I am persuaded
Congress do not entertain, I am led to consider my not having received
instructions to communicate them as a mere accidental omission, and
accordingly take upon me to enclose a copy of them. You will, I
presume, put them in cypher before they are sent off. To give you
leisure to do it, I have not sent them to your house, but have ordered
my servant to find you at the Assembly.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
* * * * *
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, January 25th, 1782.
Sir,
I have the honor of sending back the resolution of Congress of the 22d
instant, and of thanking you for this communication. The letters
which I have had to write to France, in answer to those which I
received by the Sibyl, being now finished, I shall have the honor of
communicating to you, before the end of the week, the news which I
have received.
I have the honor to be, &c.
LUZERNE.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, January 28th, 1782.
Sir,
The undersigned, Minister Plenipotentiary of France to the United
States, has the honor of informing Congress that a great part of the
loan of ten millions of livres tournois, opened in Holland on account
of the United States, was taken up in October last, and that the
interest on it has been fixed at 4 per centum. It is now proper that
Congress should be pleased to send to Mr Franklin, the instructions
and the authority necessary for performing the acts required to bind
the United States, in their engagements with his Majesty on account of
this loan, as well as of the interest and expenses which it has
occasioned. The undersigned has informed the Superintendent of the
Finances, that after deducting the money advanced by his Majesty for
this loan, there would remain about four millions of livres, at the
disposal of the United States when the loan is entirely taken up.
LUZERNE.
* * * * *
THE SECRETARY OF FOREIGN AFFAIRS TO THE PRESIDENT OF CONGRESS.
Philadelphia, January 29th, 1782.
Sir,
The Minister of France informed me, that he was desirous of making
some communications from letters received by the Sibyl. Ten o'clock
this day was appointed to receive them. He accordingly came, and read
to me passages of a letter of Count de Vergennes to him, dated October
17th, 1781, which contained in substance,
That France wished (as was evident, from her going into the war on our
account) to obtain every advantage for us. That powers at war must
often be governed by circumstances. That if events would enable her to
command them, we might depend on everything she could obtain. That her
political system depended not only on America, but on the other powers
at war. That if France should continue hostilities merely on account
of America, after reasonable terms were offered, it was impossible to
say what the event might be. That his Majesty was, however, at all
events, determined to adhere to the true principles of the alliance,
and would farther endeavor to obtain for us whatever we demanded, as
far as events would justify.
He observed, that people in America appeared to be greatly deceived
with respect to the disposition of the belligerent and mediating
powers, and to imagine that all were anxious for a peace; that this
was so far from being the case, that Great Britain had not yet
returned any answer to the overtures of the Imperial Courts, nor had
any reply been made by the latter to the answer given them by France,
from which delay it might be easily imagined peace was far distant.
That from the present situation of Spain, there was strong reason to
suppose she could not spare us any money, her own operations requiring
all she had. That he hoped France would not be called upon to make up
her deficiencies, as they were in no situation to make new grants.
Besides, that in order to rid us of our embarrassments, they had
already made efforts in our behalf, which they had reason to believe
exceeded our expectations, and that what they had done for America
this year, entitled them to an exemption from further demands.
In a letter of October 20th, 1781, from the Count de Vergennes to the
Minister of France, it is observed, that the United Provinces would
not embarrass themselves at present by an alliance with us; that in
this they will follow the example of Spain; that, however, it will be
prudent to keep an agent in Holland, and direct him to advise
constantly with Dr Franklin, that we may observe some consistency in
our politics. That he fears America founds hopes on the aid of Russia;
that nothing can be more groundless; that though he believes she is
not averse to the independence of America, yet we ought not to expect
that she will move a step in our favor; that she has no particular
interest in terminating the war; that as she means to assume the
character of a mediator, she must preserve that of justice and
impartiality; that nothing, therefore, can extort from her measures
that are favorable to us, but a conviction, that we cannot be brought
back to the dominion of Great Britain. That this should lead us to
think (a sentiment which he desires the Minister to inculcate) that
our success depends upon our exertions, and upon our relinquishing the
inactivity into which false hopes, excited by success, do sometimes
plunge us.
He repeated, that France could lend us no more money; that the ten
millions borrowed upon our account in Holland, were greatly sunk by
advances made in France; that no bills would be paid in France, which
the Minister did not authorise us to draw; that he hoped our officers
would have too much prudence to risk the credit of the United States
by drawing; that the negotiations are still inactive, and will remain
so, till events oblige one or other of the parties to sue for peace.
That the success of the expedition against Portsmouth (that being the
supposed post of Cornwallis) might possibly have some effect. That the
great object of England is America; that she will not cede it while
she can carry on the war; that she will certainly make great exertions
the ensuing campaign; that equal exertions are therefore necessary on
our part. That Spain and Holland view America as the great obstacle to
a peace, from which consequences may flow, which people of judgment
may easily foresee.
ROBERT R. LIVINGSTON.
* * * * *
COUNT DE VERGENNES TO ROBERT R. LIVINGSTON.
Translation.
Versailles, January 31st, 1782.
I have received, Sir, the letter with which you honored me on the 20th
of October of last year. I heard of your appointment as Minister of
Foreign Affairs of the United States, with the greater pleasure, as I
already knew the extent of your knowledge and your zeal for the
interests and the glory of your country.
I am convinced, Sir, that it will be the dearest object of your cares
and labors to support the cause for which the United States are
contending, and to maintain the principles, which serve as the basis
of the union between them and his Majesty. Be assured, Sir, that I
shall omit nothing that lies in my power, effectually to second your
good intentions. My confidence in your zeal and patriotism is equal to
the sentiments of respect, with which I have the honor to be, Sir,
Your most obedient and humble servant,
DE VERGENNES.
* * * * *
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, February 1st, 1782.
Sir,
I have received the letter, with which you honored me on the 31st
ultimo, and the affidavit enclosed in it. I have the honor of sending
it back to you, and I also annex a letter for the commanding officer
of the Island of St Domingo. It will be necessary, that Mr William
Marshall should be charged to prosecute this affair himself.
I have the honor to be, &c.
LUZERNE.
* * * * *
_Instructions to Dr Franklin._
In Congress, February 5th, 1782.
On the Report of the Secretary of Foreign Affairs, to whom was
referred the note (dated January 28) from the Minister of France,
Resolved, That the following powers and instructions be given to the
Minister Plenipotentiary of the United States of America at the Court
of Versailles.