* * * * *
GEORGE WASHINGTON TO THE PRESIDENT OF CONGRESS.
Head Quarters, October 25th, 1782.
Sir,
I have the honor to transmit to your Excellency the copy of two
letters[11] from the Count de Vergennes, which were sent out in the
packet from England, and have just come to my hands by a flag of truce
from New York. They contain a very pathetic and affectionate
interposition in favor of the life of Captain Asgill.
I lose no time in forwarding them by a special messenger to Congress,
without any observations, being persuaded that Congress will not fail
to give a very early decision respecting his further treatment.
The enclosed newspaper contains all the information I have been able
to obtain since the arrival of the packet.
I have the honor to be, &c.
GEORGE WASHINGTON.
FOOTNOTES:
[11] That is, the copy of a letter from Count de Vergennes, and one
from Lady Asgill to him. See these letters above, pp. 105, 107.
* * * * *
TO GEORGE WASHINGTON.
Translation.
Philadelphia, October 25th, 1782.
Sir,
I have received the letter your Excellency did me the honor to write
me on the 10th instant, with the amount of expenses incurred by the
expresses, which formed the communication with the Marquis de
Vaudreuil. The treasurer of our army will pay to your Quarter Master
General the five hundred and thirtyseven dollars he has been so kind
as to advance for that purpose. I beg also, that you will please to
send me the amount of expenses incurred in procuring the intelligence
from New York, and that you will accept my thanks for the trouble you
have had in these details.
I will be exceedingly obliged to your Excellency to inform me where
the seventyfifth regiment of grenadiers actually is.
I have the honor to be, &c.
LUZERNE.
* * * * *
GEORGE WASHINGTON TO M. DE LUZERNE.
Head Quarters, October 25th, 1782.
Sir,
The enclosed letter, which I have the honor to transmit to your
Excellency, was received this moment by a flag of truce from New York.
It was accompanied by one addressed to me from the Count de Vergennes,
on the same subject.[12]
The case of Captain Asgill having, before the receipt of these
letters, been submitted to Congress, I have immediately transmitted to
that body, copies of the Count's letters to me, and have permitted
myself to solicit from them, an early decision of his fate, which,
judging from my own feelings, I persuade myself cannot be an
unfavorable one.
I send your Excellency a transcript of intelligence, which I have this
day forwarded to the Marquis de Vaudreuil.
I am, &c.
GEORGE WASHINGTON.
FOOTNOTES:
[12] See this letter above, p. 105.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, October 28th, 1782.
Sir,
The undersigned, Minister Plenipotentiary of his Most Christian
Majesty, has had too frequent opportunities of satisfying himself,
that Congress fully perceives how intimately the interests of the two
nations are connected, not to be convinced that they will learn with
pain, that very considerable quantities of provisions have been sent
by the Raritan to New York, and along the river opposite to Staten
Island. The undersigned Minister cannot enter into the details of this
proceeding, which he knows only by reports, though by reports upon
which he has the strongest reasons for believing that he can depend.
This trade is, moreover, carried on in the most open manner, and he is
convinced, that by inquiries, instituted with promptness and secrecy,
he shall be able to obtain proofs of it, and to procure the means of
putting a stop to it. Cattle of all kinds have served to furnish with
provisions the enemy's fleet, which has just sailed down to the Hook.
It is asserted, that the quantities sent from the Jerseys are immense,
but the Chevalier de la Luzerne thinks it unnecessary to attempt at
present, to determine them exactly, and contents himself with
observing, that the nineteen vessels thus supplied, will not, perhaps,
depart immediately, and that it will be necessary to shut up the
channels by which these provisions have reached them.
There are, besides, eight other ships of the line at New York, which
they intend to supply with provisions in the same way. Congress are
aware how important it is to prevent the enemy from obtaining from the
United States the means of putting to sea, and even of supplying the
garrison. The undersigned also knows what efforts have been made by
that body, on different occasions, to put a stop to those illegal
operations, and how desirous it is effectually to guard against them.
He also knows, that all the good citizens of the Jerseys grieve to see
the enemy obtaining from their own State, supplies, which are employed
against the allies of the United States, and he is convinced, that it
is only necessary to point out the evil, in order that all may
cordially unite in providing a remedy for it.
LUZERNE.
* * * * *
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, October 30th, 1782.
Sir,
The Secretary of the United States for the Department of Foreign
Affairs has the honor to inform the Minister Plenipotentiary of his
Most Christian Majesty, that a petition has been presented in behalf
of the owners and officers of the brig Lætitia, commanded by Robert
Collins, and commissioned by the United States. That the said brig,
while at anchor in the road of Basseterre, on the 3d day of May last,
near the Island of St Christophers, captured by her boat a brig called
the Francis, belonging to the subjects of his British Majesty, bound
from the port of Liverpool in England to the Island of Tortola, and
having on board a valuable cargo.
That after the prize had been brought to anchor in the road of
Basseterre, by the officers and mariners of the said brig Lætitia, the
harbor master of the Island of St Christophers, aided by a guard, took
possession of her, under pretence, that she was included in the
capitulation, though the contrary appears from the affidavits annexed;
that the said prize was afterwards advertised and sold as a prize to
the subjects of his Most Christian Majesty, without any condemnation
in the Courts of Admiralty of the Island. As the sale of this prize
fully demonstrates, that she could never have been included in the
number of those vessels protected by the capitulation, it is not
doubted, that the justice of his Most Christian Majesty's Ministers
will induce them to direct, that the value of the prize be repaid to
the legal captors, when the Chevalier de la Luzerne shall have
submitted the above state of facts, and the annexed affidavits to
their inspection, together with such observations as his own candor
and equity will induce him to wake thereon.
ROBERT R. LIVINGSTON.
* * * * *
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, November 4th, 1782.
Sir,
Congress, in the year 1780, recommended to the different States to
pass laws analogous to the Thirteenth Article in our treaty of
commerce. Some States have complied with this recommendation, others,
among which is Pennsylvania, have neglected to do it. I know, that
several Frenchmen, who have acquired funds in this State do not trust
to the protection of prosecutions _de l'échiquier général_ for want of
a law of this nature. I entreat you, Sir, to be pleased to procure the
passing of such a law, in case that you think, that the said Article
of the treaty is not sufficient to secure to them the quiet possession
of the funds, which they have acquired.
I have the honor of sending you, Sir, a letter from the Count de
Durat, Governor of Grenada, relative to an affair, concerning which I
wrote to him, by your recommendation. It seems to me, agreeably to his
answer, that those interested should for the future apply to Dr
Franklin, to procure satisfaction. You will perhaps think proper to
communicate to them the letter of M. de Durat.
You will also find annexed, Sir, some papers relative to an affair,
which concerns the United States, or the State of Georgia. Be pleased
to let me know what answer I can send to those inhabitants of the Cape
who are interested.
I am, Sir, with the greatest respect, &c.
LUZERNE.
* * * * *
TO GEORGE WASHINGTON.
Translation.
Philadelphia, November 6th, 1782.
Sir,
I duly received the letter your Excellency honored me with on the 25th
ultimo, relative to Captain Asgill; it appears that Congress are
favorably disposed, respecting him, but they have not yet passed any
resolution on that head. When they do, I doubt not it will be
favorable.
I have seen with much pleasure a Proclamation of the Governor of the
State of New York, to prevent sending provisions to the enemy. The
accounts I have recently received on that subject from the States of
Jersey and Connecticut, give me more pain than I can express. They are
positive, and from people who had ocular demonstration; they prove,
that the enemy's fleet could not have quitted New York for some time,
if they had not received immense quantities of provisions, living and
dead. This commerce is carried on regularly and openly, as if it were
peace, or as if the cattle were for your army. Your Excellency knows
how important the despatch or detention in fitting out fleets is, and
I know the efforts you have made to put a stop to this destructive
commerce. I must however entreat you, Sir, to use your influence with
the Governors of Jersey and Connecticut, to adopt such measures as may
prove efficacious. I am sure there is not a single good citizen in
America, who is not hurt at seeing the enemy thus furnished from this
continent, and thereby enabled to distress us in the West Indies.
I have the honor to be, &c.
LUZERNE.
* * * * *
TO COUNT DE DILLON, GOVERNOR OF ST CHRISTOPHERS.
Translation.
Philadelphia, November 8th, 1782.
Sir,
I have the honor of sending you a copy of the depositions of some
sailors of the brig Lætitia. I entreat you to be pleased to cause an
examination to be made into this affair, for which they have presented
a Memorial to Mr Livingston, Minister of the United States for Foreign
Affairs, who has sent it to me, in order that I might transmit it to
you. I have assured that Minister, that he may rely upon your justice
and care, that such restitution shall be made to the plaintiffs, as
after the investigation into the affair they shall seem justly
entitled to.
I have the honor to be, &c.
LUZERNE.
* * * * *
TO SIR GUY CARLETON.
Translation.
Philadelphia, November 9th, 1782.
Sir,
It is with much pleasure, that I now have the honor to enclose you the
resolution of Congress in favor of Captain Asgill.[13] I am well
persuaded, that your justice and humanity will induce you to prevent
in future the excesses, that gave rise to this disagreeable affair.
I shall send this resolution to France by different opportunities, and
hope it will be forwarded immediately to Lady Asgill, and put an end
to the anxiety she has suffered on account of her son. But as it is
possible that my letter may arrive later than yours, I beg you, Sir,
to transmit it also by the first opportunity, I shall solicit General
Washington to permit Captain Asgill to return to Europe on his parole,
that Lady Asgill may have her joy complete, and if possible be
recompensed for the alarm she has been so long in.
Receive the assurance, &c. &c.
LUZERNE.
FOOTNOTES:
[13] _In Congress, November 7th, 1782._ "On the report of a committee,
to whom were referred the letter of the 19th of August from the
Commander in Chief, the report of a committee thereon, and also
another of the 25th of October from the Commander in Chief, with the
copy of a letter to him from the Count de Vergennes, dated the 29th of
July last, interceding for Captain Asgill;
"_Resolved_, That the Commander in Chief be, and he is hereby directed
to set Captain Asgill at liberty."
_November 8th._ "Resolved, that the Commander in Chief be instructed
to call, in the most pointed terms, on the British commander at New
York, to fulfil his engagement contained in his letter of the 13th day
of August last, 'to make further inquisition into the murder of
Captain Huddy, and to pursue it with all the effect, which a due
regard to justice will admit.'
"Resolved, that to prevent any misconstruction, which may arise from
the resolution directing Captain Asgill to be set at liberty, it be
declared, and it is hereby declared, that the Commander in Chief, or
commander of a separate army, is, in virtue of the powers vested in
them respectively, fully authorised and empowered, whenever the enemy
shall commit any act of cruelty or violence, contrary to the laws or
usage of war, to demand adequate satisfaction for the same; and in
each case, if such satisfaction shall not be given in a reasonable or
limited time, or shall be refused or evaded under any pretence
whatever, to cause suitable retaliation forthwith to be made; and the
United States in Congress assembled will support them in such
measures."
* * * * *
TO SIR GUY CARLETON.
Translation.
Philadelphia, November 9th, 1782.
Sir,
By a letter I have this moment received from New York, I am informed,
that M. de la Touche is yet prisoner on board the Lion, or on Long
Island. I should be extremely glad if he could be exchanged
immediately, promising to return the first officer of the same rank,
who shall fall into our hands; or if that favor cannot be obtained,
that he may be permitted to come to Philadelphia for some time. I am
well aware, that this matter is not properly in your department, but
the actual circumstance of the affair, and the letter of Commodore
Elphinston to Baron Vioménil, must give weight to your recommendation,
if you will please to employ it.
I have the honor to be, &c.
LUZERNE.
* * * * *
TO GEORGE WASHINGTON.
Translation.
Philadelphia, November 12th, 1782.
Sir,
I hope you will not find it amiss, that I have sent directly to
General Carleton the two letters, of which the enclosed are copies. M.
de la Touche wrote me, that he was yet detained at New York, and that
he would probably have time to receive my answer if it came directly,
which induced me to write him by way of Elizabethtown, rather than by
Dobbs's Ferry. If there is any impropriety in the step I have taken,
I hope your Excellency will excuse it in consideration of the object
in view. I dare even to ask your Excellency to enforce my request.
I also take the liberty to request your Excellency to permit Captain
Asgill to return to Europe. The situation of his mother has been so
unhappy for some time past, that he has a sort of claim on your
Excellency's goodness.
I have the honor to be, &c.
LUZERNE.
* * * * *
GEORGE WASHINGTON TO CAPTAIN ASGILL.[14]
Head Quarters, November 13th, 1782.
Sir,
It affords me singular pleasure to have it in my power to transmit you
the enclosed copy of an act of Congress of the 7th instant, by which
you are released from the disagreeable circumstances in which you have
so long been. Supposing you would wish to go into New York as soon as
possible, I also enclose a passport for that purpose.
Your letter of the 18th of October came regularly to my hand. I beg
you to believe, that my not answering it sooner did not proceed from
inattention to you, or a want of feeling for your situation; I daily
expected a determination of your case, and I thought it better to wait
that, than to feed you with hopes that might in the end prove
fruitless. You will attribute my detention of the enclosed letters,
which have been in my hands about a fortnight, to the same cause.
I cannot take leave of you, Sir, without assuring you, that in
whatever light my agency in this unpleasing affair may be received, I
never was influenced through the whole of it by sanguinary motives,
but by what I conceived a sense of my duty, which loudly called upon
me to take measures, however disagreeable, to prevent a repetition of
those enormities, which have been the subject of discussion, and that
this important end is likely to be answered, without the effusion of
the blood of an innocent person, is not a greater relief to you, than
it is to, Sir, your most obedient, and humble servant,
GEORGE WASHINGTON.
FOOTNOTES:
[14] See other letters respecting Captain Asgill's case, above, pp.
105, 107, 128, 129, 133, 135.
* * * * *
GEORGE WASHINGTON TO M. DE LA LUZERNE.
Head Quarters, November 13th, 1782.
Sir,
I am honored with your Excellency's letter of the 6th instant, on a
subject not more distressing to you, Sir, than to myself. I have at
various periods of the war written to Congress and to the States,
endeavoring to convince them of the necessity of passing the most
vigorous laws, to prevent the inhabitants from furnishing the enemy
with provisions. I will write them again and will use every argument I
am master of for that purpose. In all other nations, I believe, the
persons guilty of that crime are punished with death, and unless the
States on this continent will pass similar laws, I see no means of
putting a stop to that destructive practice. Anything the military
could do in that matter, would be in vain. To post as many guards as
would be necessary, would be destructive to the army, as those guards
would be continually liable to be cut off by the enemy; and, indeed,
the whole army would not suffice to guard the extensive coasts where
this illicit commerce is carried on.
I have the honor to be, &c.
GEORGE WASHINGTON.
* * * * *
GEORGE WASHINGTON TO COUNT DE VERGENNES.
Head Quarters, Newburgh, State of New York, }
November 21st, 1782. }
Sir,
After I had the honor of receiving your Excellency's letter of the
29th of July, I lost not a moment in transmitting it to Congress, who
had then under deliberation the proceedings of the British Court
Martial upon Captain Lippincot for the murder of Captain Huddy, and
the other documents relative to that inhuman transaction. What would
otherwise have been the determination of that honorable body, I will
not undertake to say, but I think I may venture to assure your
Excellency, that your generous interposition had no small degree of
weight in procuring that decision in favor of Captain Asgill, which he
had no right to expect from the very unsatisfactory measures, which
had been taken by the British Commander in Chief to atone for a crime
of the blackest dye, not to be justified by the practices of war, and
unknown to this day amongst civilized nations. I flatter myself,
however, that our enemies have been brought to see this transaction in
its true light, and that we shall not experience a repetition of the
like enormity.
Captain Asgill has been released and is at perfect liberty to return
to the arms of an affectionate parent, whose pathetic address to your
Excellency could not fail of interesting every feeling heart in her
behalf.
I have no right to assume any particular merit from the lenient
manner, in which this disagreeable affair has terminated. But I beg
you to believe, Sir, that I most sincerely rejoice, not only because
your humane intentions are gratified, but because the event accords
with the wishes of his Most Christian Majesty and his royal and
amiable consort, who, by their benevolence and munificence, have
endeared themselves to every true American.
I have the honor to be, with profound respect, Sir, &c.
GEORGE WASHINGTON.
* * * * *
ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.
Office of Foreign Affairs, November 26th, 1782.
Sir,
I have the honor to inform you, that Congress were pleased, on the
12th instant, to pass the enclosed resolution, by which they renew
their appointment of Mr Jefferson, as Minister Plenipotentiary for
negotiating a peace.
Mr Jefferson's established character, his abilities and the honorable
offices he has sustained with reputation in this country, leave no
room to doubt that this appointment will be highly acceptable to your
Court, when you shall have placed them in that favorable point of
view, in which, I persuade myself, you take a pleasure in representing
them.
I have the honor to be, &c.
ROBERT R. LIVINGSTON.
* * * * *
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, November 29th, 1782.
Sir,
I have received the letter, in which you inform me of the renewal of
Mr Jefferson's commission, and the resolution of Congress, which
accompanied it. I was sorry to see that Minister decline taking part
in the negotiation for peace, and I learn with great pleasure, that he
is making arrangements for joining the other Ministers to whom
Congress has intrusted it. The ability of Mr Jefferson, and the
important services, which he has rendered to the United States, are
very well known in Europe, and you may be assured, Sir, that all, who
are interested in the prosperity and welfare of this country, will
approve of the choice made by Congress.
I have the honor to be, &c.
LUZERNE.
* * * * *
TO GEORGE WASHINGTON.
Translation.
Philadelphia, November 30th, 1782.
Sir,
I received the letters your Excellency honored me with the 13th, 19th,
and 22d of this month, and have forwarded yours for the Count de
Vergennes. From the reports which I have received from the Jerseys, it
appears, that the care of the Legislature and the vigilance you have
excited in the Executive, have produced happy effects in stopping the
facility, with which supplies were sent to New York. I well know the
impossibility of preventing that commerce by means of military guards;
but in putting the zeal of the good citizens in activity, I am
persuaded some bounds may be put to a practice so destructive to the
interests of the United States as well as of her allies.
I am under great obligations to your Excellency for communicating to
me what has passed relative to the fleets of the enemy at New York. I
beg you to continue this communication, even after M. de Vaudreuil has
departed, for by transmitting these accounts to the Minister of
Marine, I enable him to judge better of the measures he has to take,
knowing the force and movements of the enemy on these coasts.
I have the honor to be, &c.
LUZERNE.
* * * * *
TO ROBERT R. LIVINGSTON.
Translation.
Philadelphia, December 11th, 1782.
Sir,
I have received the letter, with which you honored me yesterday. I
have, in consequence, the honor of sending you triplicate copies of a
letter, which I wrote to the Count de Durat, Governor of Grenada. Be
pleased to send it to the persons whom it concerns, and to recommend
to them to annex to it French copies of their Memorial. I hope that
it may contribute to their satisfaction. I can only invite the
Admiralties of our Islands to take affairs of this kind into
consideration.
I have the honor to be, &c.
LUZERNE.
* * * * *
TO GEORGE WASHINGTON.
Translation.
Philadelphia, December 18th, 1782.
Sir,
I have the honor to enclose your Excellency a letter, which, after
having read and sealed, I am to request you to forward with all
possible despatch. I hope that the arrival of my despatches will
enable me to be more particular. It will be necessary to recommend to
the chain of expresses, to hold themselves in readiness to carry on
the despatches, which I shall have to send by another Courier.
I have the honor to be, &c.
LUZERNE.
* * * * *
TO THE MARQUIS DE VAUDREUIL.
Translation.
Philadelphia, December 18th, 1782.
Sir,
I this instant learn by an express arrived from the Capes, that the
Danaë entered the day before yesterday, and in a thick fog had the
misfortune to get aground; probably she will be got off; she is within
the Capes. She left France the 8th of November; the express has not
brought a single letter, and I do not expect them till tomorrow or
the day after. If there are any for you, they shall be sent on with
the greatest despatch, and if there are none, you shall have an
express with the news. It is said, that there are many packets for the
army, and one hundred and eighty thousand livres.
The only Frenchmen of our acquaintance on board are General Duportail
and M. de Gouvion.
The whole of the force at Cadiz, as well land as naval, is destined
for the West Indies.
I have the honor to be, &c.
LUZERNE.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, December 26th, 1782.
Sir,