concert with the United States, against the common enemy, having taken
some prisoners during its passage, the keeping of whom on board of the
vessels would be embarrassing and even dangerous, the undersigned
requests the Congress of the said United States to have the goodness
to cause these prisoners, as well as those whom the King's squadron
shall be able to take in the course of its operations, to be received,
to cause provision to be made for their safe keeping and subsistence,
in the same manner as that which it makes use of for its own
prisoners, and to hold them at the disposal of the King, and subject
to the orders of his Excellency, the Count d'Estaing, Vice-Admiral of
France, and commander of his Majesty's squadron.
The undersigned will take care to cause all the expenses incurred on
this occasion to be reimbursed at certain periods, in such manner as
the Congress shall be pleased to point out.[24]
GERARD.
FOOTNOTE:
[24] Congress took into consideration the Memorial respecting
prisoners, and thereupon
"Resolved, that all prisoners taken, or which may be taken, by the
squadron of his Most Christian Majesty, under the command of the Count
d'Estaing, Vice-Admiral of France, be received by the Commissary-General
of prisoners, and that he provide for their safe custody and
subsistence in like manner as has been usual for the prisoners of
these States. That he make monthly returns of all prisoners, which
shall be by him so received, to the Board of War. That he make
monthly returns to the treasury, of the accounts of all moneys
expended for the purposes aforesaid, and that the prisoners be held at
the disposal of his Most Christian Majesty, and subject to the orders
of his Excellency Count d'Estaing.
"Ordered, that the paper relative to the encouragement given by the
Count d'Estaing to American armed vessels, whether public or private,
be published."
* * * * *
CEREMONIAL OF ADMITTING THE FRENCH MINISTER TO CONGRESS.
In Congress, July 20th, 1781.
Resolved, That the ceremonial for a Minister Plenipotentiary, or
Envoy, shall be as follows;
When a Minister Plenipotentiary, or Envoy, shall arrive within any of
the United States, he shall receive at all places where there are
guards, sentries, or the like, such military honors as are paid to a
general officer of the second rank in the armies of the United States.
When he shall arrive at a place in which Congress shall be, he shall
wait upon the President and deliver his credentials, or a copy
thereof. Two members of Congress shall then be deputed to wait upon
him, and inform him where and when he shall receive audience of
Congress.
At the time he is to receive his audience, the two members shall again
wait upon him in a coach belonging to the States, and the person first
named of two, shall return with the Minister Plenipotentiary, or
Envoy, in the coach, giving the Minister the right hand, and placing
himself on the left, with the other member on the front seat.
When the Minister Plenipotentiary, or Envoy, is arrived at the door of
the Congress Hall, he shall be introduced to his chair by the two
members, who shall stand at his left hand. Then the member first named
shall present and announce him to the President and the House,
whereupon he shall bow to the President and Congress, and they to him.
He and the President shall then again bow to each other and be seated,
after which the House shall sit down.
Having spoken and being answered, the Minister and the President shall
bow to each other, at which time the House shall bow, and then he
shall be conducted home in the manner in which he was brought to the
House.
Those who shall wait upon the Minister shall inform him, that if in
any audience he shall choose to speak on matters of business, it will
be necessary previously to deliver in writing to the President what he
intends to say at the audience, and if he shall not incline thereto,
it will, from the constitution of Congress, be impracticable for him
to receive an immediate answer.
The style of address to Congress shall be, "Gentlemen of the
Congress."
All speeches or communications in writing may, if the public Minister
choose it, be in the language of their respective countries, and all
replies or answers shall be in the language of the United States.
After the audience, the members of Congress shall be first visited by
the Minister Plenipotentiary, or Envoy.
_July 30th._ Resolved, That Thursday next be assigned for giving
audience to the honorable M. Gerard, Minister Plenipotentiary from his
Most Christian Majesty.
_August 5th._ Resolved, That when the Minister is introduced to his
chair by the two members, he shall sit down.
His Secretary shall then deliver to the President the letters of his
Sovereign, which shall be read and translated by the Secretary of
Congress. Then the Minister shall be announced. At which time the
President, the House, and the Minister shall rise together. The
Minister shall then bow to the President and the House, and they to
him. The Minister and the President shall then bow to each other and
be seated; after which the House shall sit down. The Minister shall
deliver his speech standing, the President and the House shall set
while the Minister is delivering his speech.
The House shall rise, and the President shall deliver the answer
standing. The Minister shall stand while the President delivers the
answer.
Having spoken, and being answered, the Minister and the President
shall bow to each other, at which time the House shall bow, and then
the Minister shall be conducted home in the manner in which he was
brought to the House.
Resolved, That the door of the Congress chamber be open during the
audience to be given to the Minister Plenipotentiary of his Most
Christian Majesty.
That the delegates of Pennsylvania be requested to inform the Vice
President, the Supreme Executive Council, and the Speaker and Assembly
of the said State, that the Minister Plenipotentiary of his Most
Christian Majesty, the King of France, will receive his audience of
Congress at twelve o'clock tomorrow, when the doors of the chamber
will be opened.
That each member of Congress may give two tickets for the admittance
of other persons to the audience, and that no other persons except
those specified in the foregoing resolution, be admitted without such
a ticket signed by the members appointed to introduce the Minister to
the Congress.
_Thursday, August 6th._ According to order the honorable M. Gerard was
introduced to an audience by two members of Congress, and being
seated, his Secretary delivered to the President a letter from his
Most Christian Majesty, directed "To our very dear and great Friends
and Allies, the President and Members of the General Congress of the
United States," in the words following;
[See this letter above, p. 235, dated March 28th, 1778.]
The Minister was then announced to the House, whereupon he arose and
addressed Congress in a speech which, when he had finished, his
Secretary delivered in writing to the President, and is as follows;
Translation.
"Gentlemen,
"The connexions which the King, my master, has formed with the United
States of America, are so agreeable to him, that he has been unwilling
to delay sending me to reside near you to unite them more closely. His
Majesty will be gratified to learn, that the sentiments which are
manifested on this occasion justify the confidence, with which the
zeal and the character of the deputies of the United States in France,
the wisdom and the firmness which have directed your resolutions,
together with the courage and the constancy which the people have
displayed, have inspired him. You know, Gentlemen, that this
confidence has laid the foundation of the truly friendly and
disinterested plan, upon which his Majesty has treated with the United
States.
"It has not rested with him, that his engagements could not secure
your independence and your tranquillity without the further effusion
of blood, and without aggravating the miseries of mankind, of which it
is his whole ambition to secure the happiness; but the hostile
dispositions and resolutions of the common enemy having given a
present force, positive, permanent, and indissoluble, to engagements
wholly eventual, the King, my master, has thought that the two allies
should occupy themselves only with the means of fulfilling them in the
manner the most useful to the common cause, and of the most effect in
obtaining peace, which is the object of the alliance. It is in
conformity with this principle, that his Majesty has hastened to send
you a powerful assistance. You owe it, Gentlemen, to his friendship,
to the sincere interest which he takes in the welfare of the United
States, and to the desire which he has of concurring effectually in
securing your peace and your prosperity on honorable and firm
foundations. He hopes, moreover, that the principles adopted by the
governments will contribute to extend the connexions, which the mutual
interest of the respective nations had already begun to form between
them. The principal point of my instructions is to make the interests
of France and those of the United States keep pace together. I flatter
myself, that my past conduct in affairs which interest them, has
already convinced you that I have no more earnest desire, than that of
executing my instructions in such a manner as to deserve the
confidence of Congress, the friendship of its members, and the esteem
of all the citizens."
To this speech the President returned the following answer;
"Sir,
"The treaties between his Most Christian Majesty and the United States
of America so fully demonstrate his wisdom and magnanimity as to
command the reverence of all nations. The virtuous citizens of America
in particular can never forget his beneficent attention to their
violated rights, nor cease to acknowledge the hand of a gracious
Providence in raising for them so powerful and illustrious a friend.
It is the hope and the opinion of Congress, that the confidence his
Majesty reposes in the firmness of these States will receive
additional strength from every day's experience.
"This assembly are convinced, Sir, that had it rested solely with the
Most Christian King, not only the independence of these States would
have been universally acknowledged, but their tranquillity fully
established; we lament that lust of domination, which gave birth to
the present war and has prolonged and extended the miseries of
mankind. We ardently wish to sheathe the sword, and spare the further
effusion of blood; but we are determined, by every means in our power,
to fulfil those eventual engagements, which have acquired positive and
permanent force from the hostile designs and measures of the common
enemy.
"Congress have reason to believe, that the assistance so wisely and
generously sent will bring Great Britain to a sense of justice and
moderation, promote the interests of France and America, and secure
peace and tranquillity on the most firm and honorable foundation.
Neither can it be doubted, that those who administer the powers of
government, within the several States of this Union, will cement that
connexion with the subjects of France, the beneficent effects of which
have already been so sensibly felt.
"Sir, from the experience we have had of your exertions to promote the
true interests of our country as well as your own, it is with the
highest satisfaction Congress receive as the first Minister from his
Most Christian Majesty, a gentleman, whose past conduct affords a
happy presage that he will merit the confidence of this body, the
friendship of its members, and the esteem of the citizens of America."
* * *
The Secretary of Congress delivered to the Minister a copy of the
foregoing speech, dated "In Congress, August 6th, 1778," and signed
"Henry Laurens, President." Whereupon the Minister withdrew, and was
conducted home in the manner in which he was brought to the House.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, November 9th, 1778.
Sir,
The Minister Plenipotentiary of France has the honor to inform the
Congress of the United States of North America, that he has obtained,
on account of his Majesty, the cargo of two schooners; the one called
the Gentil, George Andre, Captain, and the other the Adventurer,
commanded by Captain Joseph Taffier, these two vessels being now in
the port of Petersburg, Virginia, and their cargoes delivered,
consisting of from twelve to thirteen hundred barrels of flour, and
about fifty barrels of biscuit. The destination of these provisions,
requiring that they should depart immediately, the undersigned
Minister Plenipotentiary requests Congress to be pleased to take the
measures which it shall judge necessary, in order, that the departure
of these two vessels with their cargoes may meet with no obstacle. An
express will wait for the orders, which it may be necessary to send
into Virginia, in relation to this object.
GERARD.
Whereupon Congress ordered, that the President write to the Governor
of Virginia, explain to him the nature of this transaction, and the
necessity of the vessels' immediate departure, and desire him to give
orders accordingly.
* * * * *
_November 18th, 1778._ Two letters from the Honorable the Minister
Plenipotentiary of France were read, requesting a passage on board of
one of the continental frigates, for the Chevalier de Raymondis,
Captain of the Caesar, and that a vessel on board of which are a number
of invalids, may be taken under convoy of the frigate until she be
safe at sea. These were referred to the Marine Committee, with
directions to comply with the request therein contained.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, November 20th, 1778.
Sir,
The Minister of France thinks it his duty to have the honor of
communicating to the President of Congress the reflection that,
according to ordinary rules, treaties are not published until the
respective ratifications have been exchanged, and that so far as he is
informed, that of the King has not arrived. If Congress, however, has
motives to proceed immediately to this publication, the Minister
requests it not to be stopped by his reflection; the wisdom of their
views deserving all preference over what can only be regarded as a
mere formality.
GERARD.
* * * * *
Philadelphia, December 2d, 1778.
The President communicated to Congress the following unsigned note
from the Minister of France.
"It is thought proper to inform persons, who have business in France,
that all judicial and extra-judicial acts, powers of attorney, &c.
which are destined to be sent thither, ought to be invested with the
authorisation of the Minister Plenipotentiary, or the Consuls of this
Crown established in the different States of America. By means of this
formality, all the acts valid in America will have the same validity
in France in all cases."
_December 4th._ The President communicated to Congress another
unsigned note from the Minister of France, relative to a plan he had
proposed for discharging the debt due to Roderique Hortalez & Co.
namely, by furnishing the French fleet in America with provisions, for
the amount of which the Court would procure the United States a credit
with Hortalez & Co. The note was delivered in English, in the words
following.
"Leave is begged from the Honorable the President of Congress to
submit to him some reflections upon a late conversation. The
insinuation made was founded upon the consideration, that the method
proposed would be more simple, more easy, and more convenient, than
any other, and that besides, the troubles, the expenses, the dangers
of the sea, and of the enemy, the spoiling of the cargoes, &c. would
be avoided.
"The manner of executing this plan, if adopted, would be very simple,
and attended with no inconveniency; the Court shall take upon itself
to satisfy the furnisher of the articles in question, and Congress
shall receive the discharge for ready money, in their accounts with
the Court."
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, December 6th, 1778.
Sir,
The Minister Plenipotentiary of France, considering that it is of
great importance for the interests of France and the United States of
America to prevent, or to delay as much as possible, the repairs, and
consequently the activity of the enemy's ships, and that one of the
most efficacious means would be, to intercept the masts which they are
obliged to bring from Halifax, is firmly persuaded, that this subject
has not escaped the consideration of Congress, but believing that it
is for the interest of the King, his master, that his Majesty should
contribute to the measures which may effect this object, his intention
is to offer a reward to the owners of privateers, who shall take or
destroy vessels loaded with masts proper for ships of the line or for
frigates. This encouragement seemed necessary, in order to turn the
efforts of privateers in this direction, considering the low price of
this commodity in proportion to other cargoes, but the said Minister
did not wish to execute this plan without communicating it to
Congress, and before knowing its opinion on this subject.
GERARD.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, December 7th, 1778.
Sir,
I have had the honor to make known to you the reasons of my
perplexity, with regard to transmitting to my Court some ideas
respecting certain persons strongly suspected of being emissaries of
the Court of London, as well as concerning the doctrine of the
liberty, which it is pretended the United States have preserved of
treating with this power separately from their ally, so long as Great
Britain has not declared war upon the King my master. I have expressed
to you how far it is from my character to pay regard to public rumors
and to the reports of any individuals, in a matter as important as it
is delicate, and the desire which I feel that Congress would be
pleased to furnish me with the means of placing my Court, and by its
means, all the present and future friends of the United States in
Europe, on their guard against the impressions which these ideas might
produce. They appeared to me particularly dangerous in relation to
England, where they would nourish the hope of sowing domestic
divisions in the bosom of the United States, and of separating them
from their ally, by annulling, also, the treaties concluded with him.
It seems, in fact, that as long as this double hope shall continue,
England will not think seriously of acknowledging your independence on
the footing expressed in the treaty of Paris. Your zeal, Sir, for your
country, and for the maintenance of the harmony so happily
established, is too well known for me not to hope that you will be
pleased to lay before Congress this subject, which my solicitude for
whatever concerns the maintenance of the reputation of the alliance
has caused me to regard as very important.
I am persuaded, Sir, that you will at the same time have the goodness
to inform Congress of the proof of firmness, and of attachment to the
interests of the United States, to the common cause and to the
alliance, which the King my master has given, in rejecting the
overtures which the Court of London has made through Spain.
I have the honor to be, with sentiments of respect, &c.
GERARD.
* * * * *
To the memorial respecting masts, an answer was returned on the 16th.
And in answer to the above letter Congress passed a resolution on the
14th of January, 1779, as follows;
"Whereas it has been represented to this House by M. Gerard, Minister
Plenipotentiary of France, that it is pretended that the United States
have preserved the liberty of treating with Great Britain separately
from their ally, as long as Great Britain shall not have declared war
against the King, his master, therefore,
"Resolved unanimously, That as neither France nor these United States
may of right, so these United States will not conclude either truce or
peace with the common enemy without the formal consent of their ally
first obtained, and that any matters or things which may be insinuated
or asserted to the contrary thereof tend to the injury and dishonor of
the said States."
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, December 14th, 1778.
Sir,
The Minister Plenipotentiary of France has the honor to remind
Congress, that they were pleased to order in Virginia the purchase of
eighteen thousand barrels of flour to complete the quantity of
provisions destined for the fleet of his Most Christian Majesty, but
the undersigned being informed of the scarcity of this article has
confined himself to ten or twelve thousand. Information since received
from Virginia causing him to fear that the flour of the current year
has a disagreeable taste, and that, consequently, the aforesaid
quantity cannot be furnished of a quality suitable for bearing the
climate of the islands, the undersigned presumes that a part of it may
be replaced by rice taken from South Carolina, where he is informed
this article abounds.
It is from these considerations that the undersigned Minister takes
the liberty to request Congress to take the measures necessary in
order that six thousand barrels of rice may be bought and exported
from South Carolina, the said Minister being resolved to employ
American citizens in these kinds of purchases, as he has promised,
proposes to intrust this commission to Mr Gervais.
GERARD.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, January 4th, 1779.
Sir,
The Minister Plenipotentiary of France learns by M. Francy, that, from
the offer which he made in relation to the payment by compensation of
a part of the sums due from the United States to M. de Beaumarchais,
consequences have been drawn, which are contrary to the intentions of
the undersigned.
He finds himself obliged to prevent all mistakes by declaring in
writing, as he always has done verbally, that all the supplies
furnished by M. de Beaumarchais to the States, whether merchandise or
cannons and military goods, were furnished in the way of commerce, and
that the articles which came from the King's magazines and arsenals
were sold to M. de Beaumarchais by the department of artillery, and
that he has furnished his obligations for the price of these articles.
He is, consequently, a debtor to the war department, whilst he is a
creditor of the United States by the sale of these same articles,
which had become his property. On the other side the King is a debtor
to the United States.
It is this situation, namely, the difficulty which Congress finds in
paying M. de Beaumarchais by return of merchandise, and the
considerable saving which would result to Congress, that has
determined the undersigned to offer a mutual compensation, and to pay
the King's debts to the United States to the amount of the receipts of
M. de Beaumarchais, which Congress will receive in ready money. This
is the simple and natural operation, which the undersigned has
offered, and which ought not at all to change the situation of M. de
Beaumarchais with regard to Congress, since he is and continues to be
a creditor in his own name, of the United States, and since the
undersigned simply offers to pay to the discharge of Congress a
certain sum, which the undersigned will determine in concert with M.
de Francy, when Congress shall have passed a resolution on this offer.
The undersigned thinks that he owes these explanations to his respect
for Congress, and he hopes that if there may remain any false ideas on
this subject, Congress will be pleased to place him in a situation to
supply all the information which may yet be desired.
GERARD.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, January 5th, 1779.
Sir,