Congress, sensible of the inconveniency, that the officer intrusted

with the management of their foreign affairs must labor under in the

execution of his duty, without a more perfect knowledge of their

sentiments, than can be obtained from their public acts, have been

pleased to admit him to attend Congress, that (as the ordinance

expresses it,) he may be better informed of the affairs of the United

States, and have an opportunity of explaining his reports respecting

his Department; but here it stops short, and does not say in what

manner he is to gain the sentiments of Congress, when he does himself

the honor to attend upon them. It is true they may in part be

collected from an attention to the debates, but it often so happens,

that the debate does not take the turn that he would wish, in order to

satisfy a doubt, and he goes away, after hearing a subject largely

discussed, ignorant of the only point upon which he wishes to be

informed, when perhaps by a single question, his doubt might be

removed, or by a word of information, which he has the best means of

acquiring, a debate might be shortened.

It is true the power of explaining his reports given by the ordinance,

seems to imply a permission to offer his sentiments when they are

under consideration, but as I do not wish to assume a liberty which is

not expressly given, I must beg the sentiments of Congress on this

subject. The ordinance is also deficient, in not affording a power to

the Secretary of Foreign Affairs to take order upon the application

either of foreigners, or subjects, relative to matters not of

sufficient moment to engage the attention of Congress; as for

instance, applications for aid in procuring the release of an

American, taken under particular circumstances in English ships, and

confined in the French West Indies or elsewhere; claims upon prizes

carried into the French Islands, &c., which cases occur every day, and

are attended with long memorials, which would take up much of the time

and attention of Congress.

As I have hitherto taken the liberty to transact business of this kind

with the Minister of his Most Christian Majesty, and the Governors or

Generals of the French Islands, I wish to be justified in so doing by

the orders of Congress. As a check upon myself, I keep a book, though

it is attended with much labor, in which all such applications, and

the steps taken in consequence thereof, are inserted at length.

The organization of this office will, too, I presume, render some

alteration necessary in matters of form and ceremony as heretofore

settled by Congress in conformity to the practice of other nations,

and to enable us to avail ourselves of the advantages they sometimes

afford in creating useful delays, and concealing for political reasons

the views of the sovereign.

Congress having vested me with the power of appointing clerks, I have

appointed two gentlemen, in whose integrity and abilities I can

confide. These are barely sufficient to do the running business of the

office, which is much greater than I imagined it would be, five

copies, besides the draft being necessary for every foreign letter or

paper transmitted. To copy all the letters, which have hitherto been

received, with the Secret Journals and other extracts from the books

and files of Congress, though absolutely necessary, both for order and

security, will be impossible, without further aid for at least one

year. Congress have not, indeed, limited the number I may employ, nor

have they fixed their salaries, upon both of which I could wish for

their direction. An interpreter is so necessary, both for this

Department and the Admiralty, that I cannot but recommend to Congress

the appointment of one, from whom, if a man in whom I could confide, I

might receive assistance as a Secretary when hurried with business.

It may possibly be expected, Sir, that I should close this long letter

by a report on the matters it contains, but as it is a delicate

subject to point out a mode for extending my own powers, I only beg

leave to recommend the enclosed resolve.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO MAJOR GENERAL GREENE.

Office of Foreign Affairs, Philadelphia, }

January 31st, 1782. }

Dear Sir,

I was this day favored with yours of the 13th ultimo. I need not tell

you, that the intelligence it conveyed, and the spirit in which it was

written, afforded me the most sensible pleasure. The idea it holds

forth of an attempt upon Charleston, and the prospect of success in

it, is one that we dare not indulge here, more especially as troops

have sailed from New York, and as we presume to Charleston, but you

have taught us rather to measure your success by your genius than by

your means.

I wish it were in my power to tell you, that our accounts from Europe

were proportionate to our expectations. The combined fleets, as you

know, have returned and separated, without having effected anything.

The British are again masters of the ocean. Gibraltar is a rock, on

which all the exertions of Spain seem to split, and the siege of fort

St Philip seems to be carried on in the most energetic manner. We have

no prospect of forming an alliance, either with Spain or Holland, who

both appear to sigh for peace. Our loan on the guarantee of France

with the last, is nearly completed. But what is not a little

unsatisfactory, it is also nearly expended by advances, which France

has made us on the credit of it. From Spain we are likely to get

nothing.

The negotiations for a peace are entirely, at a stand; the mediating

powers have no interest in wishing it, and the belligerent nations are

neither of them sufficiently weakened to request their interposition.

The Count de Vergennes assures us, that Britain will still make the

most vigorous exertions. I mention these circumstances not only for

your information, but that you may make the proper use of them in

animating the exertions of the Southern States. It is the misfortune

of America to presume too much upon each dawning of success, and to

believe that peace must tread upon the heels of every little

advantage, instead of being taught by her own struggles and

difficulties, that every nation has resources, that surpass the

expectations of its enemies.

Would to God that you could be enabled, by the animated efforts of the

Southern States, to expel the enemy from them without the aid of our

allies. This would re-establish our character for activity in Europe,

where I am sorry to say, it has for some time past been upon the

decline, and I do sincerely believe, that co-operating with the

brilliant successes of the last fall, it would incline the enemy to

peace, without which I have no expectations of it. But I fear this is

rather to be wished for than expected.

Domestic news we have none, but what Colonel Ternant will give, or you

may collect from the enclosed papers.

If anything turns up worth your notice, you shall hear from me. I

flatter myself that you will think with me, that our distance is too

great to wait for the ceremony of answer and reply, and favor me with

a line as occasion offers.

I have the honor to be, Sir, &c.

ROBERT R. LIVINGSTON.

* * * * *

CIRCULAR LETTER TO THE GOVERNORS OF THE STATES.

Philadelphia, February 18th, 1782.

Sir,

I do myself the honor to transmit to your Excellency several

resolutions of Congress, which having a reference to the Department of

Foreign Affairs, are in course to go through this office. The

necessity of carrying them into effect is too obvious to need

observations.

While we hold an intercourse with civilised nations, we must conform

to laws, which humanity has established, and which custom has

consecrated among them. On this the rights, which the United States or

their citizens may claim in foreign countries must be founded.

One of the resolutions passed Congress in consequence of a convention

about to be concluded between his Most Christian Majesty and the

United States of America, which affords an additional reason for

paying it the earliest attention. Your Excellency and the Legislature

will see the propriety of rendering the laws on these subjects as

simple, and the execution of them as expeditious, as possible, since

foreigners, who are the great object of them, are easily disgusted at

complex systems, which they find a difficulty in understanding, and

the honor and peace of a nation are frequently as much wounded by a

delay as by a denial of justice.

Another resolution relates to your boundaries, and is designed as one

means of ascertaining the territorial rights of the United States

collectively, which can only be accurately known by each State's

exhibiting its claims, and the evidence on which they found them. Your

Excellency will therefore be pleased to direct, authentic copies from

your records of all grants, charters, maps, treaties with the natives,

and other evidences, to be transmitted to this office, as soon as you

can conveniently collect them. I could wish, that the copies might be

proved, by having the great seal of your State annexed.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO GOVERNOR RUTLEGE OF SOUTH CAROLINA.

Office of Foreign Affairs, Philadelphia, }

February 19th, 1782. }

Dear Sir,

I wish to avail myself of the opportunity Colonel Ternant affords me,

to convey the agreeable intelligence contained in the enclosed letter

from Mr Harrison, our agent at Cadiz. Many other objects present

themselves, on which I would write could I do it without detaining

Colonel Ternant, who only waits for this.

I propose to have the honor of writing more at large by the next safe

conveyance. In the meanwhile, I should consider it as a favor, which

might be rendered useful to the public, as well as agreeable to me, if

your Excellency would open a correspondence with this office, in which

an exact state of affairs in the government, over which you preside

ought to be detailed, which could not fail to have some influence in

the direction of our foreign affairs.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

CIRCULAR LETTER TO THE GOVERNORS OF THE STATES.

Philadelphia, February 19th, 1782.

Sir,

Where a Government is composed of independent States, united not by

the power of a sovereign but by their common interest, the Executive

Departments form a centre of communication between each State and

their Chief Council, and are so far links of the chain, which should

bind them together, as they render to each similar views of great

national objects, and introduce uniformity in their measures for the

establishment of general interests. A mistaken idea of our own

importance to other nations, of their attachment to us, and of the

weakness of our common enemy, having lulled us into a very imprudent

security, I beg leave to state to your Excellency the information last

received from Europe. Our success in this important war, under the

favor of Heaven, must be built upon the weakness of our enemy, the

strength and perseverance of her foes in Europe, and our own

exertions.

It is an undeniable fact, that Britain has not, in the course of the

last campaign, gained any advantage of her enemies, but, on the

contrary, has seen their fleets ride triumphant in the seas, she

proudly called her own, and an army, in which she placed her fondest

hopes, made captive. But, on the other hand, we are compelled to

admit, that she has met with no such reverse of fortune as materially

to debilitate her, or weaken her resources for another campaign. Her

trade has, for the most part, returned in safety. Her fleets have

blocked up those of the Dutch, and, upon the separation of the

combined fleets, recovered the superiority in the European seas. The

army taken in America is only so far decidedly ruinous to her affairs

here, as we know how to avail ourselves of the advantage it affords.

That her pride is not humbled, that she did not wish for peace prior

to this advantage, is obvious, 1st. From her refusing to make a

separate treaty with the Dutch, who, under the mediation of the

Empress of Russia, seemed anxiously to wish it; 2dly. From her neglect

to notice the last proposals of the mediating powers, which yet remain

unanswered; so that if any alteration is made in their sentiments oh

this subject, they must originate in their ill success in America, for

in every other quarter their defensive war seems to have been

supported with advantage. How far this will operate admits of a doubt,

which prudence directs us not to rely upon. Money, the great support

of modern wars, has been raised with more facility in England, than in

any country in the world; and we find the minority last year censuring

Lord North for giving the advantage of lending to his friends. Their

losses may indeed render subscriptions more expensive to the public;

but there is no well grounded room to suppose they will not fill up;

and still less reason to believe, if the means for carrying on the war

are attainable, that the vindictive spirit of the King and his

ministry, and the overweening pride of the nation, will soon yield to

make a peace, which involves their disgrace and humiliation. But as

strength or weakness are mere comparative terms, we can form no

judgment of the measures of Britain but by attending to the force and

disposition of her enemies.

The United Provinces were evidently dragged into the war, and have

prosecuted it as if they momentarily expected a peace. The Colonies in

the West Indies have been taken, without being in a state to make the

smallest resistance, and the active interposition of France alone

saved those in the East from sharing the same fate. Our last letters

from Holland place the distress of their commerce in a strong point of

view. They are unhappily rent by parties, which clog the wheels of

government; though it is said the party opposed to England are the

most numerous and growing in strength, so that at some future day we

may reasonably hope they will assume the entire ascendency; yet we can

build very little on this, till the close of another year. This much

is certain, they are not yet allied to us, nor have they given us

reason to believe, that they intend to be so. They wish for peace, and

will take no measures that can obstruct it. They have lent us no

money, nor are they likely to do it; from whence we may presume,

either that they doubt our success, or do not much interest themselves

in it.

Our expectations from Spain are scarcely more flattering. Some little

aids of money have been received after long solicitation, hardly so

much as paid the expense of soliciting. We have reason to suppose that

no more will be granted. They are still cold with regard to our

alliance; nothing but brilliant success can bring it to a conclusion.

Nor have we the smallest reason to expect any pecuniary aid from her,

even if she should confederate with us in time to be of use for the

next campaign. She has at this moment very many and very expensive

operations on hand; and, till she has allied herself to us, we have no

certainty that she will choose to continue the war for the attainment

of our independence, if Britain should be sufficiently humbled to

sacrifice to her the objects which led her into the war.

To France, then, we turn, as the only enemy of Great Britain, who is

at the same time our ally, who will persevere in the war for the

attainment of our independence. She has already done so much for us,

in order to afford us the means of doing something for ourselves, that

she may reasonably hope to find the effects of her benevolence. Her

fleets have protected our coasts, her armies have fought our battles;

she has made various efforts to restore our finances, by paying the

interest of our loans, by obtaining credit in Europe on our account

for clothing, arms, and necessaries; by advancing money, and by

opening and guaranteeing a loan for us, to a considerable amount in

Holland, when, by the abolition of paper, our finances were totally

deranged. These sums are nearly expended, and another campaign is

about to be opened. France assures, that it is not in her power to

make us any further grants of money, her ministers repeat this to us

in every letter, in a tone that persuades us of their determination on

that point.

What then is to be done? Are we to relinquish the hopes, which the

present debility of the enemy affords us of expelling them by one

decided effort, and compensating all our losses by the enjoyment of an

active commerce? Are we to return to the wretched, oppressive system

we have quitted? Are we to carry on a weak defensive war with an

unpaid army, whose precarious subsistence must depend upon what can be

torn by violence from the industrious husbandman? Shall we vainly, and

I think disgracefully, supplicate all the powers of Europe for those

means, which we have in our own hands, if we dare call them forth, and

which, after all, must be called forth if we continue the war, (and

upon that subject there can be no doubt, till the end for which we

took up arms is attained.) The only question is, whether each State

shall fairly and regularly contribute its quota, or whether that which

happens to be the seat of war shall (as has too often been the case)

bear the whole burden, and suffer more from the necessities of our own

troops, than the ravages of the enemy. Whether we shall drive the

enemy from their posts with a strong body of regular troops, or

whether we shall permit them to extend their devastations, while, with

our battalions and fluctuating corps of militia, we protract a weak

defensive war, till our allies are discouraged, and some unfavorable

change takes place in the system of Europe.

Your Excellency, I am persuaded, will pardon the freedom with which I

write. You see the necessity which dictates my letter, and were it in

my power to communicate all that our friends in Europe think of our

inactivity, I am persuaded you would urge your State to exertion in

much stronger terms than I dare venture to use.

When Congress call upon a State for supplies, they are usually

answered by pleas of disability, urged, too, by the State with good

faith, and a firm persuasion that they speak their real situation, a

recurrence to facts, that have passed under their own observation,

will convince them that they are deceived.

From the time that the depreciation of the Continental bills of credit

began, till they were no longer current, the States that received them

paid a tax equal to all the expenditures of the army, and a very

considerable one beyond it; for if we suppose ten millions of dollars,

in specie, a year, to be necessary for their support, then the

expense, till the close of the campaign of 1779, must have amounted to

upwards of fifty millions, exclusive of the supplies from Europe; and

yet, in March, 1780, the whole national debt contracted in America did

not, in fact, amount to five millions; so that forty five millions

were paid by the United States in those five years of the war, when

they had the least commerce and agriculture, and when they were most

distressed by the enemy; and this tax, too, was the most unjust and

partial that can be conceived, unless we except that, by which we have

since raised much more from the people, without giving so much to the

public; I mean the laws for impressing, &c., which placed the greatest

burden of the war upon the shoulders of a particular order of men in

particular States only.

Now surely, if by partial and unjust measures, for which necessity

alone can plead, we have been able to draw from every State, a tax

more than equal to the present demand, no State can say, that it

cannot afford its proportion of a more equitable tax. Those who have

hitherto borne the weight of the war, must warmly espouse a measure,

which is so greatly calculated for their relief. Those who have

hitherto been eased from the burden, must be more able to take it up

at this time, when they have the most promising expectation of

relinquishing it soon.

It is certain, that if we put ourselves in a state to take advantage

of circumstances early in the ensuing spring, we have the best

grounded reason to hope, that a few months will remove the war from

our doors. Whereas if we delay to enable Congress to say to their

allies, "we are ready for an effectual co-operation with any force you

may send," they will turn their attention to other objects, and leave

us to lament in vain the opportunities we have lost. Every motive

then, national honor, national interest, public economy, private ease,

and that love of freedom, which pervades every Legislature on the

Continent, call loudly not only for a compliance with the

requisitions of Congress, but for so early a compliance as to render

it effectual.

It is true we are at present in such a situation as to have no

apprehensions for the final establishment of our independence; but

surely it is a matter of some moment to us, whether we shall obtain

it, or at least be freed from the ravages of the enemy and the burden

of the war in the course of six months at the expense of eight

millions of dollars, or whether we shall wait for it till a general

and perhaps a distant peace, and be subject in the meanwhile to

infinitely more expense, and all the distress that attends a country

which is the seat of war.

But, Sir, it is time to dismiss a subject, which wants no arguments to

illustrate it. I am confident that you will use every means to

convince the State over which you preside, of the danger which will

result from relying more upon the weakness of the enemy than their own

strength, more upon the aid of their allies than their own exertions,

more upon unjust, partial, hazardous, and expensive expedients, than

upon an equal and regular support of the measures, which Congress,

upon the most mature deliberation have recommended to their attention.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Office of Foreign Affairs, February 21st, 1782.

Sir,

I do myself the honor to lay before Congress the enclosed note from

the Minister of France, a letter from the Marquis de Bouillé with

translations of both, and the proceedings of the Council of Assembly

of Dominique; all of which relate to the case of the ship Resolution's

cargo, part of which was adjudged lawful prize by the sentence of the

Court of Appeals; and the case of the brigantine Eeirsten and her

cargo, which was also adjudged lawful prize by the said Court.[21]

The case of the ship Resolution, as far as I have been able to learn,

was simply this, she was a Dutch vessel, freighted on account of

capitulants at Dominique, and bound for Holland, agreeably to the

seventh Article of the capitulation. She was taken by a British ship,

retaken by one of our privateers, and condemned by the Court of

Admiralty of this State, whose decree was reversed and the ship and

cargo acquitted, except a small part of the latter, on the principle

of its not being the property of capitulants, and because, as was

alleged, it was not protected by the ordinances of Congress, approving

the principles of the armed neutrality, Great Britain and Holland

being at open war; from whence it was inferred by the Court, that the

Dutch vessel could not be considered as sufficiently neutral to

protect the property of an enemy. The papers referred to in the

memorial of the Minister of France serve to show, that the whole cargo

belonged to capitulants.

The Diplomatic Correspondence of the American Revolution, Vol. 11 · 第 15 / 33 段