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.