The mediating powers could not allow themselves to make any

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.

The Diplomatic Correspondence of the American Revolution, Vol. 11 · 第 5 / 33 段