The other vessel, the Eeirsten, was purchased in London by a company

of Imperial subjects residing at Ostend, freighted in England with

British property for the use of the capitulants at Dominique. The

vessel sailed from London, and on her way to Dominique touched at the

port of Ostend, for the purpose of converting her English papers into

German. In the passage from Ostend to Dominique, this brigantine was

taken by an American privateer, carried into Boston and acquitted,

with her cargo; but the Judges of Appeals have condemned as lawful

prize, both vessel and cargo. They consider the cargo as unprotected

by the capitulation of Dominique. They consider the vessel as carrying

on a trade advantageous to the enemy, in contravention to the

seventeenth Article of the capitulation; that she forfeited the right

of neutrality by not showing an exact _impartiality_ to the

belligerent powers; and because she had false and colorable papers on

board, with a view to give the cargo the appearance of neutral

property. They allow, that a vessel under their circumstances is to be

considered as an enemy's, and that by the law of nations, they should

be subject to seizure and confiscation. They consider the cargo as

unprotected by the laws of Congress, because (as they affirm) this

vessel cannot be thought to be strictly _neutral_, that Congress meant

to pay a regard to _right_ of neutrality, that the _right of

neutrality_ only extends _protection_ to the effects and goods of an

enemy in neutral bottoms, not engaged in the violation of this right.

I have sent the seventh and seventeenth Articles of the capitulation

for the information of Congress.

From this statement Congress will judge of the expediency of directing

a rehearing in both cases. In the first, it seems to be dictated by a

regard for justice upon the new proofs. And in the second, the

reasoning, which determined the Court, does not appear to be so

conclusive as to render it improper in so intricate a case, more

particularly as our situation with respect to the Emperor is

peculiarly delicate; from which consideration, as well as from the

respect which is due to the representation of the Minister of his Most

Christian Majesty, I am humbly of opinion that a rehearing ought to be

granted, and that in the meanwhile the officers of the Court should be

directed to retain in their hands the proceeds of the vessel and

cargo.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

FOOTNOTES:

[21] See an account of these ships in _M. de la Luzerne's

Correspondence_, above, pp. 66-72.

* * * * *

REGULATIONS FOR THE DEPARTMENT OF FOREIGN AFFAIRS.

In Congress, February 22d, 1782.

On the report of a committee, consisting of Mr Ellery, Mr Randolph,

and Mr Eveleigh, to whom was referred a letter of the 25th of January,

from the Secretary of Foreign Affairs respecting his department,

Resolved, that the Department of Foreign Affairs be under the

direction of such officer as the United States, in Congress assembled,

have already for that purpose appointed, or shall hereafter appoint,

who shall be styled, "Secretary to the United States of America for

the Department of Foreign Affairs," shall reside where Congress, or

the Committee of the States, shall sit, and hold his office during the

pleasure of Congress.

That the books, records, and other papers of the United States that

relate to this department, be committed to his custody, to which, and

all other papers of his office, any member of Congress shall have

access; provided that no copy shall be taken of matters of a secret

nature without the special leave of Congress.

That the correspondence and communications with the Ministers,

Consuls, and Agents of the United States in foreign countries, and

with the Ministers and other officers of foreign powers with Congress,

be carried on through the office of foreign affairs by the said

Secretary, who is also empowered to correspond with all other persons

from whom he may expect to receive useful information relative to his

department; provided always, that letters to Ministers of the United

States, or Ministers of foreign powers, which have a direct reference

to treaties or conventions proposed to be entered into, or

instructions relative thereto, or other great national subjects, shall

be submitted to the inspection, and receive the approbation of

Congress before they shall be transmitted.

That the Secretary for the Department of Foreign Affairs correspond

with the Governors or Presidents of all, or any of the United States,

affording them such information from his department as may be useful

to their States or to the United States, stating complaints that may

have been urged against the government of any of the said States, or

the subjects thereof, by the subjects of foreign powers, so that

justice may be done agreeably to the laws of such state, or the charge

proved to be groundless, and the honor of the government vindicated.

He shall receive the applications of all foreigners relative to his

department, which are designed to be submitted to Congress, and advise

the mode in which the memorials and evidence shall be stated, in

order to afford Congress the most comprehensive view of the subject;

and if he conceives it necessary, accompany such Memorial with his

report thereon.

He may concert measures with the Ministers or officers of foreign

powers, amicably to procure the redress of private injuries, which any

citizen of the United States may have received from a foreign power,

or the subjects thereof, making minutes of all his transactions

relative thereto, which have passed on such occasions.

He shall report on all cases expressly referred to him for that

purpose by Congress, and on all others touching his department, in

which he may conceive it necessary. And that he may acquire that

intimate knowledge of the sentiments of Congress, which is necessary

for his direction, he may at all times attend upon Congress; and shall

particularly attend when summoned or ordered by the President.

He may give information to Congress respecting his department, explain

and answer objections to his reports when under consideration, if

required by a member, and no objection be made by Congress.

He shall answer to such inquiries respecting his department as may be

put from the chair by order of Congress, and to questions stated in

writing about matters of fact, which lie within his knowledge, when

put by the President at the request of a member, and not disapproved

of by Congress. The answers to such questions may, at the option of

the Secretary, be delivered by him in writing.

He shall have free access to the papers and records of the United

States in the custody of their Secretary, or in the offices of

finance and war and elsewhere. He may be furnished with copies, or

take extracts therefrom, when he shall find it necessary.

He shall use means to obtain from the Ministers and agents of the

United States in foreign countries, an abstract of their present

state, their commerce, finances, naval and military strength, and the

characters of Sovereigns and Ministers, and every other political

information, which may be useful to the United States. All letters to

sovereign powers, letters of credence, plans of treaties, conventions,

manifestoes, instructions, passports, safe conducts, and other acts of

Congress relative to the Department of Foreign Affairs, when the

substance thereof shall have been previously agreed to in Congress,

shall be reduced to form in the office of Foreign Affairs, and

submitted to the opinion of Congress; and when passed, signed, and

attested, sent to the office of Foreign Affairs, to be countersigned

and forwarded. If an original paper is of such a nature as cannot be

safely transmitted without cyphers, a copy in cyphers, signed by the

Secretary for the Department of Foreign Affairs, shall be considered

as authentic, and the Ministers of the United States at foreign Courts

may govern themselves thereby in the like manner as if the originals

had been transmitted. And for the better execution of the duties

hereby assigned him, he is authorised to appoint a Secretary, and one,

or if necessary more clerks, to assist him in the business of his

office.

Resolved, That the salaries annexed to this department shall be as

follows;

To the Secretary of the United States for the Department of Foreign

Affairs, the sum of four thousand dollars per annum, exclusive of

office expenses, to commence from the first day of October last.

To the Secretary, one thousand dollars per annum.

To the clerks, each five hundred dollars per annum.

Resolved, That the Secretary for the Department of Foreign Affairs,

and each of the persons employed under him, shall take an oath before

a Judge of the State where Congress shall sit, for the faithful

discharge of their respective trusts, and an oath of fidelity to the

United States, before they enter upon office.

Resolved, That the act of the 10th of January, 1781, respecting the

Department of Foreign Affairs, be and hereby is repealed.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Office of Foreign Affairs, February 23d, 1782.

Sir,

The resolution passed by Congress on the 22d of February, for the more

perfect organization of the Department of Foreign Affairs, having no

reference to the time past in fixing the salaries of the secretaries

or clerks, I am left without a rule for that purpose, but presume as I

have had two gentlemen employed for some time, without any distinction

of rank, that no objection will lie to my giving them orders for the

time that they have served at the rate of seven hundred and fifty

dollars a year each.

I am sorry to be the means of taking up a moment of the time of

Congress, but find myself embarrassed by their present arrangement,

which fixes one secretary, and reduces the other gentleman in the

office to the rank of a common clerk. If no material objection should

lie against the measure, I would propose, as the business of the

office naturally divides itself into two branches, foreign and

domestic, that instead of a secretary there should be two under

secretaries, whose rank and pay shall be settled according to their

merit and abilities by the Secretary of Foreign Affairs, provided that

the pay of both taken together shall not exceed the sum of fifteen

hundred dollars; this will not only be an incitement to diligence and

attention, but possibly enable me to procure two persons, in whose

integrity and abilities I can confide, instead of a common clerk,

without increasing the expense of the department.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Office of Foreign Affairs, February 26th, 1782.

Sir,

I am somewhat at a loss to determine upon what principle the petition

of John Jordan and others, was referred to me, but presume, that it

was with a view to obtain from me such information relative to the

distribution of the prize money arising from the prizes taken by the

Bon Homme Richard, as the papers in this office can afford.

There were no papers relative to this transaction in this office; but

among those of the Board of Admiralty, I find a letter from Dr

Franklin to Francis Lewis, dated the 17th of March last, covering some

inquiries on this subject, and a copy of a _Concordat_ entered into by

John Paul Jones, commanding the Bon Homme Richard; Pierre Landais,

captain of the Alliance; Dennis Nicolas Cottineau, captain of the

Pallas; Joseph Varage, captain of the Cerf; and Philip Nicolas Ricot,

captain of the Vengeance; by which, among other things, they agree to

divide their prizes, agreeably to the American regulations, as they

sailed under American colors and commissions; and constituted M.

Chaumont their agent to receive and distribute the prize money in

behalf of the crew of each ship, and to be answerable for it in his

own private name.

From Dr Franklin's letter, it appears that the whole of the prizes

belonged to the captors; that the King offered to purchase the ships

of war they had taken, according to an established rate; that the

seamen objected to it, and chose they should be sold at vendue; that

this occasioned a delay in the sale; that he does not know the amount

of the value of the prizes, nor whether they were distributed, which

he considers as a private transaction between the officers and crews

of the ships and M. Chaumont.

From this state of facts, Congress will judge if anything more can be

done relative to the claim of three of the petitioners to their share

of the value of the prizes, (the fourth being out of the question)

than to assist them in the mode of authenticating the evidence of

their being entitled thereto, and to forward it with powers of

attorney to the Consul of the United States in France. This I will

readily do for them, and write to Mr Barclay on the subject, without

any express direction from Congress, when the petitioners shall call

at this office.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO ROBERT SMITH, COMMERCIAL AGENT AT HAVANA.

Philadelphia, February 26th, 1782.

Sir,

Your letter to the Superintendent of Finance was received, and

referred by Congress to this office, when upon mature deliberation it

was determined for various political reasons, not to recommend the

issuing of any commissions for letters of marque, or reprisals from

any of the Spanish Islands. Congress having considered these reasons,

came into this view, and passed the resolution, which I enclose in

pursuance of their orders.

It is expected, that the several Consuls and agents of Congress,

wherever settled, will keep up a regular and constant correspondence

with me, in order that the United States, in Congress, may have the

fullest information of every transaction in which they may be

materially concerned. This task I dare say you will readily impose

upon yourself, when you reflect on the advantages that may result from

it. The points on which I shall chiefly trouble you for information,

are the naval and military strength of the Island at the time you

write, not merely as to the number of ships and men, but their actual

state of preparation for defensive or offensive operations, their

stations, their prospects and designs, as far as you can learn them.

At your leisure, I wish to have an account of the population, militia,

commerce, husbandry, and revenue of the Island, the sentiments of the

people with respect to this war, and everything else you may deem

curious or interesting.

If a paper is printed at the Havana, you will be pleased to send it to

me by every opportunity. I need not suggest to you the necessity of

preparing your letters, so that they may be sunk in case of danger,

when they contain anything which may be of use to the enemy.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

TO DON FRANCISCO RENDON.[22]

Philadelphia, March 6th, 1782.

Sir,

I will with pleasure give you such information on the subjects you

write upon, as I can with propriety mention to a gentleman of whose

attachment I entertain no doubt, but who has, nevertheless, given me

no reason to think, that his inquiries have any farther object than

his personal satisfaction.

1. In answer to the first question, I can only inform you, that

Congress have voted thirtysix thousand infantry, which, with the

cavalry and artillery, will amount to about forty thousand men. It is

not probable, however, that the whole of this number will be raised; I

think it would be prudent to make a deduction of about one fourth. But

you have been too long in this country to form any judgment of the

strength of our army from the regular establishment, since it has

been, and always will be increased (more particularly in the Northern

States) by large bodies of militia, when their apprehensions, or the

hope of splendid advantages shall call them forth. Of this, the events

of the year 1777, among others, afford the most striking evidence.

2. It is not expected, that in the present situation of the country,

the whole sum of eight millions of dollars can be raised in time. What

the deficiency will be, must depend on the motions and strength of our

enemy early the next spring; the success of our commerce; the

remittances that shall be made to this country by our allies, which,

being expended here, may, by frequent taxes, be brought into the

public treasury, and repeatedly applied to public use.

3. The resources of the next campaign lay in taxation, in the

strictest economy, and in the assistance which we may reasonably hope

to receive from the enemies of Great Britain, while we are making

every exertion in the common cause. We flatter ourselves, that those

powers who wish for peace, and who see America as the great object in

Britain, in carrying on the war, will not suffer it to be lengthened

out beyond the present year, when, by a moderate supply to us, they

can terminate it in the course of one campaign. We form some

expectations from the wisdom and generosity of Spain; and as we know

she has the means, so we cannot suppose she can want the inclination

to promote her own interests, and insure the esteem and gratitude of a

rising nation, whose commerce and alliance cannot but be important

from the situation of her Colonies.

4. This question is answered above, only it may be proper to observe,

that if, in this reasonable expectation, America should be

disappointed, she will still find resources in herself, not indeed to

expel the enemy, but to preclude them from extending their conquests,

and to compel them to offer her such terms as are necessary for her

security, though perhaps short of her wishes.

5. The commercial connexion between the United States and Spain, will

naturally be very extensive, if it meets with the least

encouragement. The Spanish Islands will be supplied with provisions

from them, at such easy rates as must give them great advantages in

the cultivation of sugars, for which America will afford a

considerable market; fish, lumber, and iron will also be exported to

them if it should be permitted; and salt, as well as sugar, brought

back in return, if the duties should be lowered, or a drawback allowed

on the exportation. Our trade with Spain will consist chiefly in naval

stores, masts, iron, furs, fish, and tobacco; in return for which we

shall take the produce and manufactures of Spain of almost every kind.

6. It is impossible for the United States to use means to prevent an

illicit commerce with the Spanish Colonies, without interfering in

their internal regulations. All they can do, is, to consider the

regulations made for that purpose as binding upon their subjects, and

not to demand satisfaction if they suffer by the penalties, which the

laws attempted to be infringed, may impose. To this they will not

object, while the punishment is reasonable, and not confined to crimes

committed within the jurisdiction of the power imposing it. If it is

extended further, such further extension must depend upon treaties

between the United States and Spain, and will be the subject of

discussion whenever such treaty shall be set on foot.

7. Spain will be allowed, without the least difficulty, either to

purchase vessels built in America, or to appoint agents of her own for

building vessels of any kind, as well as for arming them, if she

thinks proper, from the iron founderies, which are lately erected

here, and which will continue to increase in proportion to the

encouragement which shall be given them.

The last question must be referred to a general treaty, and is of such

a nature as not to be properly answered here.[23]

I am, with great regard and esteem,

ROBERT R. LIVINGSTON.

FOOTNOTES:

[22] A Spanish gentleman residing in Philadelphia, and apparently

intrusted with some kind of agency by the Spanish government.

[23] The question here referred to is as follows; "In case that Spain

succeeds in conquering East Florida, what will be the pretensions of

Congress in regard to the Southern boundaries of Georgia?"

* * * * *

TO JOHN PAUL JONES.

Philadelphia, April 17th, 1782.

Sir,

I enclose an extract from a protest made by Captain A. de Neef,

commanding the brigantine Berkenbosch, which has been transmitted to

Congress, and by them to me, in order that I might inquire into the

facts therein alleged. I must beg the favor of you to state them to me

as far as they come within your knowledge, that measures may be taken

to vindicate your reputation, and that of the American flag, if, as I

presume, the charges are ill founded, or to repair any injury, which

you may undesignedly have occasioned him.

Complaints have been made to Congress by officers and men, who

formerly belonged to the crew of the Bon Homme Richard, and the

Alliance frigate, of their not having yet been able to obtain the

share of prize money due to them; in consequence of which Congress

have directed me to draw a memorial to the Court of France, praying

its interposition, in obtaining justice for them. As this whole

business, as far as I can collect from the _Concordat_ entered into

by you and the gentlemen commanding the other vessels under your

command, appears to have been a private transaction, I am at a loss

upon what to ground an application to the Court, more particularly as

neither of the parties have as yet called upon this office with proof

of their having applied to M. Chaumont, or been denied justice by him.

You will oblige me by giving me all the light in your power upon this

subject, if possible, by the next post.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

* * * * *

THOMAS S. LEE TO ROBERT R. LIVINGSTON.

Annapolis, in Council, April 19th, 1782.

Sir,

We have been duly honored with your several letters of the 12th of

November, 1781, and the 18th and 19th of February, 1782, which shall

be laid before our Assembly, at their meeting the 25th of the present

month, when, we doubt not, their very important contents will meet

with the consideration they so well deserve.

Whenever we are possessed of anything, in which the United States are

materially interested, we shall with great pleasure communicate it.

The document you require, in consequence of the resolution of

Congress, enclosed in the letter of the 18th of February, shall be

properly authenticated, and transmitted as soon as the whole can be

collected.

We have the honor to be, &c.

THOMAS S. LEE.

* * * * *

ROBERT MORRIS TO ROBERT R. LIVINGSTON.

Office of Finance, April 27th, 1782.

Sir,

His Excellency, the Minister of France, having informed on the part of

his Court, that no extraordinary sums will be paid to the Ministers of

the United States in Europe, I must request that you will furnish me

with an account of their several salaries, payable to the foreign

Ministers and their Secretaries, and I will make out bills in your

favor on the banker of the United States in Paris for the last

quarter, commencing with the present year. I must at the same time

pray, you will require of those gentlemen, the state of their several

accounts with the public for salaries, that the whole may be adjusted,

and all future expenses of that sort be classed under the proper head

of the Department of Foreign Affairs.

I have the honor to be, &c.

ROBERT MORRIS.

* * * * *

CIRCULAR LETTER TO THE GOVERNORS OF THE STATES.

Office of Foreign Affairs, Philadelphia, May 2d, 1782.

Sir,

The enclosed resolution of Congress will explain the cause of this

letter. The information it refers to, is an assurance that Britain had

absolutely declined any interference of the mediating powers between

them and what they call their rebel subjects. They persist on every

occasion in representing us as a divided people, who anxiously wish

to return to our connexion with England. In this they have two objects

equally important to them. 1st. They encourage England to continue a

war, which they expect to see terminated by our own weariness and

languor; and 2dly. They put such a face upon their affairs as will

entitle them on a negotiation to make demands at our expense, which

they would not presume to think of, if the mediators were acquainted

with our firm resolution never to return to our obedience to their

Government. Besides which, they cast a degree of odium upon the

conduct of France, representing it as the support of a discontented

faction, rather than as the generous ally of an oppressed nation.

There is reason to apprehend, that in order the better to secure the

advantages of this deceitful policy to themselves, they will make

proffers to each of the United States. If any of them should listen to

them, (which cannot, however, be presumed,) they will urge this, as a

proof of their assertions, even if they should decline receiving their

proposals and refer them to Congress, as from the nature of our Union

they undoubtedly must; still as the result of the experiment cannot be

known for some time in Europe, they will avail themselves of it in

part, if negotiations should open.

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