United States in Congress assembled, that the loan of ten millions of
livres tournois, opened in Holland on account of these United States,
was in a great measure completed in October last, and requested in
consequence thereof, that full powers might be expedited to bind these
United States to discharge the principal and interest of the said
loan, agreeably to the terms thereof, with such expenses as might have
accrued in making such loan; you are, therefore, hereby authorised,
directed, and empowered, to enter into such engagements with his Most
Christian Majesty, with the States General of the United Provinces,
with any particular State or Province, or with any man or body of men
whatsoever, with whom you may find it necessary to enter into
engagements, for the purpose of binding these United States to
discharge the said loan, with interest, agreeably to the terms
thereof; and also for the repayment of such expenses as have arisen,
or may arise by reason of the said loan. And the said United States of
America do hereby pledge their faith to confirm what you shall execute
in pursuance of the above power.
JOHN HANSON, _President_.
* * * * *
RESOLVES OF CONGRESS RESPECTING THE COMMUNICATIONS MADE BY THE
MINISTER OF FRANCE.
In Congress, February 8th, 1782.
On the Report of the Secretary of Foreign Affairs, to whom was
referred the communication made to him by the Minister of France,
(November 23d) containing, among other things, an opinion of Count de
Vergennes, that his Catholic Majesty will not have it in his power to
advance any money to the United States; and expressing in strong terms
the Count's hopes, that the United States will not imagine that France
should make up the sums they expected from Spain, after the assistance
they have already derived from France;
Resolved, That Congress are fully sensible of the frequent, friendly
and generous interposition of his Most Christian Majesty in their
behalf, and are led from thence to hope a continuation of his
assistance, since nothing has been wanting on their part, so to apply
the aid he generously affords, as to distress the common enemy, and
lead to the great object of their alliance, a safe and honorable
peace.
Resolved, That Congress cannot, without injustice to themselves and
their ally, withhold from him a knowledge of their present
circumstances, or neglect to mention the ruinous consequences that may
attend a refusal of those aids, which as well the friendly
dispositions of his Most Christian Majesty, as the success that has
attended his interposition in their behalf, gave them reason to hope
would be continued till the States, which have lately been ravaged by
the enemy, had so far recovered their commerce and agriculture, as to
be able more effectually to contribute to the general expense; and
that his Majesty may be assured, that their applications for this
purpose shall not exceed what may be absolutely necessary for the
support of the common cause.
Resolved, That the Secretary of Foreign Affairs, consulting with the
Superintendent of Finance, explain to the Minister of the United
States at the Court of Versailles, the extensive advantages, which
have resulted from moneys supplied by his Most Christian Majesty to
these United States, and the engagements, which have been entered into
with a view to render the next campaign decisive, the consequence of
failing in those engagements, and the little prospect there is of
fulfilling them without an additional loan or subsidy, for the year
1782, of at least twelve millions of livres tournois, in order that
the said minister may present a memorial on this subject to his Most
Christian Majesty, and at the same time lay before him the several
resolutions lately passed by the United States in Congress assembled,
which evidence their unalterable resolution to make every exertion,
for a vigorous campaign, which their present situation will allow.
Resolved, That the Minister Plenipotentiary of the United States of
America at the Court of Versailles be, and he is hereby instructed
and empowered to borrow, on account of these United States, the sum or
twelve millions of livres tournois, and to enter into engagements on
the part of the United States for the repayment of the same, together
with the interest, which is not to exceed the terms allowed or given
on national security in Europe.
* * * * *
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, February 18th, 1782.
Sir,
The Minister Plenipotentiary of France has the honor of communicating
to Mr Livingston a letter from the Marquis de Bouillé, commanding
officer of the Windward Islands, and a memorial presented to that
General by the Council and Assembly of the Island of Dominica. One of
the two cases mentioned in them, that of the Dutch vessel, the
Resolution, has been decided by the Court of Appeals, and the sentence
of the Court of Admiralty of Philadelphia, has been amended in almost
every point. The case of the Eeirsten has been decided at Boston in
the first instance, and recently by the Supreme Court of Appeals. As
the annexed papers seem to contain means for the revision of the first
case, and proofs which were not known to the Judges when the decision
was made, the undersigned has the honor of communicating them to Mr
Livingston, and requests him to be pleased, after reading them, to
send them back to him.
The agent of the merchants at Dominica designs to solicit the said
revision, with a view to have all the cargo, without exception,
acquitted. The undersigned Minister flatters himself, that Congress
will be pleased to enable the said agent to avail himself of the new
proofs, which he says that he has obtained. The letter of the Marquis
de Bouillé, and the request of the Council and Assembly of Dominica,
may hereafter serve to determine the true meaning of the capitulations
of the English Islands, taken by the forces of his Majesty; and it is
for this reason also, that the undersigned requests that they may be
laid before the Tribunal of Appeals. This letter and this request,
leave no room to doubt, that the Ostend ship Eeirsten sailed under the
faith of the capitulation, and that her owners ought to participate in
the advantages secured by it to the capitulators.
The undersigned Minister appeals to the justice of Congress, and of
the American tribunals, in favor of those inhabitants or capitulators
of the Island of Dominica, who are interested in the cargo of this
ship, as subjects of the King, his master, and in favor of those
people of Ostend who are interested, as subjects of his Imperial
Majesty, who is allied to the King, his master, both by blood and by
treaties.
LUZERNE.
* * * * *
THE MARQUIS DE BOUILLÉ TO M. DE LA LUZERNE.
Translation.
Without date.
Sir,
I have the honor to transmit you a Memorial from the Council and
Assembly of the Island of Dominica, who lay claim to the Dutch ship
Resolution, Captain Waterburg, which has been retaken from an English
privateer from Carolina, by the American privateer Ariel, belonging
to Messrs Robert Morris, Samuel Inglis, and William Bingham, brought
into Philadelphia, and condemned there as a legal prize.
This neutral ship, employed in the exportation of the produce of
Dominica by virtue of the proclamation of his Britannic Majesty in
favor of neutral ships bound for the British Colonies, conquered by
France in the course of this war, would not have been condemned as a
legal prize, had it remained in the power of the British privateer,
and been brought into a port belonging to his Britannic Majesty. She
could not, then, be condemned by the Admiralty of Philadelphia, since
that Court could not consider her otherwise than as a neutral vessel,
sailing under the faith of his Britannic Majesty's proclamation, which
the commander of the English privateer was no doubt ignorant of, and
after which she could no longer be considered as a recapture.
This affair, Sir, deserves all your attention, and the particular
protection which I request you to grant it, that the owners of this
vessel may obtain, from the Council of Prizes of the United States the
justice due to them.
It is feared at Dominica, lest the Ostendian ship Eeirsten, Captain
Thomson, which sailed for the said Island, and was taken by an
American privateer and brought into Boston, may likewise have been
condemned; and should this have been the case, I also request your
interposition in favor of the owners of the said vessel.
I have the honor to be, &c.
BOUILLÉ.
* * * * *
MEMORIAL OF THE COUNCIL OF DOMINICA.
To his Excellency the Marquis de Bouillé, Marshal of the King's Camp
and Armies, Lieutenant General and Governor General, in and over the
Islands of Martinico, Dominica, Grenada, and St Vincent, Tobago, &c.
&c.
The Memorial of the Council and Assembly, representing the capitulants
of this Island.
By virtue of the 17th Article of the capitulation signed by your
Excellency, the capitulants of this Island were authorised to ship the
produce of their estates, in neutral ships, to neutral ports in
Europe, and to receive from them the necessary supplies of provisions
and plantation stores.
Annexed to the oaths of the respective shippers of produce on neutral
vessels, his Excellency the Marquis du Chilleau, his Majesty's
Governor in this Island, granted to the master of each vessel his
certificate, that such shippers were capitulants, and the produce
laden in such vessel was the growth of their estates, and therein
recommended those vessels and their cargoes to the protection of all
his Majesty's subjects, those of his Most Catholic Majesty and to the
Americans in alliance with France. These certificates were always
respected till now, and in consequence such neutral vessels, although
detained and examined at different times, arrived at their destined
ports.
To the infinite surprise of your memorialists, they have received
advice from Philadelphia, that the Dutch ship, the Resolution, Captain
Waterburg, was retaken from an English privateer, belonging to
Carolina, by the Ariel, an American privateer, belonging to Messrs
Robert Morris, Samuel Inglis, and William Bingham of Philadelphia,
carried into that city, and was there condemned and sold with her
cargo, without respecting either the capitulation, or the certificate
and recommendation of his Excellency the Marquis du Chilleau. This
ship was loaded at Dominica and regularly cleared there for Amsterdam
within the time limited by his Britannic Majesty's Proclamation in
favor of Dutch vessels, loading in the conquered Island, the commander
of the Carolina privateer, unacquainted with the Proclamation, had
detained her as a Dutch ship. That this ship would certainly have been
released in Carolina cannot even be doubted, as she had before been
carried into the Island of Nevis on the same voyage, and released with
a compensation after her papers were examined.
Your memorialists have received further advice, that another American
privateer has taken and carried into Boston, the Ostend brig Eeirsten,
Captain Thomson, bound from that port to this Island, and laden with
provisions and plantation stores for the estates of your memorialists,
where we fear she will have the same fate.
If the Americans should persist and be authorised to take and
confiscate neutral vessels, loaded with the produce of capitulants'
estates under the authority of the French government, and those who in
return are loaded with the provisions essentially necessary to them,
what is the trade of this Island? This must put an effectual end to
it; what resources are then left to us?
The inhabitants of this Island are capitulants, and they dare flatter
themselves, that under their present government they have the merit of
having constantly manifested the most uniform propriety of conduct;
the Americans should not only have respected, but protected their
property. Bound to do so by their treaty of friendship with France,
by the capitulation, and by the certificate and recommendation of the
French Governor.
Your memorialists do therefore most earnestly entreat, that your
Excellency will be pleased to take this Memorial into consideration.
Council Chamber, in Roseau, the 23d day of November, 1781.[5]
ABRAHAM SHAW, _President in Council_.
House of Assembly, Roseau, this 23d day of November, 1781.
J. MORSOU, _Speaker of the House of Assembly_.
FOOTNOTES:
[5] Extract from an authentic copy of the capitulation, granted by the
Marquis de Bouillé to the Island of Dominica.
"ARTICLE 7th. That they (the inhabitants of Dominica) shall pay no
other duty to his Most Christian Majesty, than they have paid to his
Britannic Majesty, without any charge or imposts. The expenses
attending the administration of justice, the Minister's stipends and
other customary charges, shall be paid out of the revenue of his Most
Christian Majesty in the same manner as under the government of his
Britannic Majesty.
"Granted, and that the inhabitants of Dominica may freely export their
produce to all parts, on paying into the custom house the duties,
which the inhabitants of the French Islands pay in the Islands or in
Europe; but the expenses for administration of justice shall be paid
by the Colony.
"ARTICLE 17th. The merchants of the Island may receive vessels to
their address from all parts of the world, without their being
confiscated, and they may sell their merchandise, and carry on their
trade; and the port shall be entirely free, for them for that purpose,
paying the customary duties paid in the French Islands.
"Granted, until the peace, English vessels excepted."
* * * * *
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs. February 20th, 1782.
Sir,
I was yesterday honored with your note, covering the papers, which
relate to the ship Resolution's cargo, and the brigantine Eeirsten's.
With respect to the first, I believe there is little doubt, that that
part of the cargo, which is condemned would be acquitted upon a
rehearing, and proving, that it was the property of capitulants. The
case of the brigantine is much more intricate, and carries strong
marks with it of a fraudulent design to protect British property,
contrary to the spirit of the capitulation. One of the Judges who
condemned this vessel assures me, that there was strong proof, that
the cargo belonged to British owners, even after she parted from
Ostend, nor was there any evidence that the bottom was neutral. The
capitulation does not certainly tend to cover any other property of
the capitulants, but that which should be shipped from the Island, or
to the Island from a neutral port, otherwise its trade with Britain
would stand upon the same footing as it did before the capture.
However, I have not had such a view of facts, as will enable me to
give an opinion upon the subject, and if I had it would not fall
within my department to determine upon it.
The line in which justice will most speedily be done, will be for the
parties who conceive themselves aggrieved to petition Congress for a
rehearing. If, Sir, you shall approve it, I will lay before them your
note, with the papers annexed, and my opinion thereon. I doubt not,
that they will readily adopt such measures as are most consistent with
justice, and the respect they will feel for your recommendation.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, March 8th, 1782.
Sir,
I have the honor of informing your Excellency, that I am about to take
a journey to Virginia, and shall probably be absent some weeks. M. de
Marbois will remain here during this interval, as _Chargé d'Affaires_
of his Majesty. Be pleased to honor him with your confidence, in case
that circumstances shall render it necessary for him to make any
communication to Congress.
If your Excellency has any commissions, with which to intrust me, for
Virginia, I entreat you to be assured of my punctuality in performing
them.
I am, Sir, respectfully, &c.
LUZERNE.
* * * * *
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, April 17th, 1782.
Sir,
I have repeatedly applied to the Department of War, to have a
settlement made of the accounts of M. de la Radière, an officer of
Engineers, and General Baron de Kalb, both of whom died in the service
of the United States.
I have been answered, in the absence of General Lincoln, that the
demands, which I made by order of my Court, for the benefit of their
heirs, were just, but as yet no money has been paid to me, and I
therefore entreat you to be pleased to procure it as soon as possible.
I have received several letters from the family of Baron de Kalb, and
I wish to be able to send them a satisfactory answer. General Lincoln
having returned, I hope that these two affairs will suffer no delay.
The Count de Barras also demanded, in the month of July of last year,
the payment of the sums due to the volunteers, who have served on
board the Ariel, Captain Paul Jones; and on leaving the Chesapeake he
has renewed his demands, in order that this money may be sent to
France, where it will be paid to those to whom it belongs. This debt
amounts to four thousand one hundred and ninetyseven livres tournois,
not including the sum of one thousand one hundred and fiftyone livres,
which has been paid to Joseph Caron, François Marais de Tulipe, Joseph
Powaruce, and Paterne Jean, who were on board the Hermione. Congress,
by a resolution, the date of which I cannot recollect, last year
ordered the whole of this sum to be paid. I entreat you, Sir, to be
pleased to persuade the Board of Admiralty to bring this affair to a
close, and to transmit this sum to his Majesty's Consul, that he may
send it to those to whom it is due.
I have the honor to be, &c.
LUZERNE.
* * * * *
TO GEORGE WASHINGTON.
Translation.
Philadelphia, April 13th, 1782.
Sir,
I embrace the first moment after my return from Virginia, to comply
with the request of the principal officers of our army, in tendering
you their sincere respects.
I have already forwarded to your Excellency a letter from Count de
Rochambeau; on my return here, I found letters from my Court, dated in
February last. They do not announce anything pacific, on the part of
our enemies. No progress is made in the mediation of the Courts of
Vienna and Petersburg, and the Court of London seems determined to
risk the event of another campaign, in which they will employ all the
strength they have left. The plan for the campaign was not yet finally
decided, it depending on some arrangements, which were yet to be made
with the Court of Madrid, and on some advices, which were expected
from the Antilles. It nevertheless seemed to be the intention to act
vigorously for the assistance of the United States, and though no
particular assurances could be given me on this head, yet from what
they write me, it is probable that New York or Charleston, or perhaps
both, will be the object of their efforts next campaign.
I think it, however, proper to inform you, that at the same time they
announce to me their general views, they observe, that it is an
unhappy circumstance, that the American army is so weak as it is; and
they seem to fear, that it will not be in a condition to second their
efforts, when it shall be necessary to strike, a decisive stroke, or
to undertake operations, in which such extensive means are required as
in a siege.
I beg your Excellency would enable me to give my Court the necessary
information on a matter so important as this is. I am not curious to
know any of the particular details relative to your army, which it may
be necessary to keep secret, but the military operations of France and
America are so intimately connected, that it is indispensable for us
to know what is the actual force and means which you have, in order to
calculate with any degree of probability what enterprises can be
undertaken. Our ignorance in this respect cannot but be very
prejudicial to our affairs, because, if from false information we
consider your army as weaker than it really is, it will prevent our
forming plans, which it would be possible to execute; and if, on the
contrary, we are led to believe it stronger than it really is, we run
the risk of forming plans impracticable in their execution. It is from
these considerations, that I beg of you to confide to me such
information on this head as you may think proper, both with respect to
the actual force you have at the different parts of the continent, and
what it will probably be in the course of the campaign. It is equally
interesting to know the force of the enemy, both in regulars and
militia. I beg you to rest assured of the discretion, with which I
shall make use of these communications.
I cannot refuse myself the pleasure of communicating to you the
sentiments, with which our Court and the nation at large are inspired,
from the reports of the French officers, respecting your Excellency,
on their return to Versailles. Their testimony could add nothing to
the universal opinion of the great services you have rendered your
country, but to the esteem and admiration of the French are now added
a sentiment of affection and attachment, which are the just return for
that attention which our military experienced from you, and the
progress they made in their profession by serving under your orders.
I have the honor to be, &c.
LUZERNE.
* * * * *
COUNT DE ROCHAMBEAU TO M. DE LA LUZERNE.
Williamsburgh, April 16th, 1782.
I send you under a flying seal, my dear Chevalier, the letter I have
written to M. de Guerny, commanding the Emerald frigate. You will
observe, that I am yet in a state of ignorance, not having received my
ministerial despatches. It is of the greatest consequence, that this
letter should be forwarded by a safe route, through the hands of
General Washington, that it may be despatched as quick as possible.
Our last news from Edenton is of the 8th of April, by a captain of a
vessel, who left Georgetown the 25th of March. The enemy employ all
the wagons of Charleston in transporting their stores on board the
empty vessels, which came from New York.
I think General Washington would do well to have all the works
levelled, which we made at Rhode Island round Newport, and even the
fort on Butts' Hill, if he has not troops vigorous and firm to keep
possession of it.
The plans of the enemy seem to give their marine all the superiority
they can in these seas. I think they must have it much at heart to
re-occupy the port of Rhode Island. The port of New York being
precarious, the entry depending on the tides, they run the greatest
risks in their naval combats, in not having a port where they can take
refuge at all times.
I have not time to translate this into English; I beg you to transmit
it to our General, as well as that for M. de Guerny, that he may
forward it with the greatest despatch.
I submit, with reason, all my reflections on Rhode Island to him. I
have always in mind Lord North's speech, and the news which seemed to
follow, of the pretended evacuation of Charleston.
Count Ferson sets off to meet my despatches; he tells me that there is
a detachment of about one hundred men, which might be employed jointly
with the militia in levelling the works.
ROCHAMBEAU.
* * * * *
TO GEORGE WASHINGTON.
Translation.
Philadelphia, April 18th, 1782.
Sir,
On my return to this place, Count Beniowsky delivered to me a plan,
which he wished to have communicated to your Excellency before your
departure from Philadelphia, but as he was particularly recommended to
me by my Court, he deferred taking that step till my arrival. He will
not make any proposition to Congress without first consulting your
Excellency and obtaining your approbation, and it is with this view he
now goes to the army.
I need not recall to your Excellency's mind, the services and actions,
which have recommended Count Beniowsky. His fervor you are acquainted
with, and I am persuaded, that if you think he can be useful to the
United States, no one will more sincerely support him in carrying into
execution those views, which brought him to this continent.
I have the honor to be, &c.
LUZERNE.
* * * * *
GEORGE WASHINGTON TO M. DE LA LUZERNE.
Newburgh, April 28th, 1782.
Sir,
I receive with much gratitude the remembrance and compliments of the
principal officers of the French army in Virginia, and thank your
Excellency for the trouble of being the bearer of them to me, and the
letter from Count de Rochambeau.