agreed to grant to the said condemned Captains the appeal, which they
have made from their sentences to the said Honorable Congress, and
which has only been referred to the Supreme Court of the said Province
of Massachusetts, they are to judge the said indictment definitively,
in the last resort, and that there is no doubt that the first
sentences pronounced by the Court of Admiralty of Boston will be
confirmed; the said Don Juan de Miralles earnestly requests his
Excellency, the said M. Gerard, that he would be pleased to interpose
his influence and his mediation with the said Honorable Congress, in
order that it may have the goodness to pass a resolution ordering the
said Supreme Court of Massachusetts, and every other tribunal, to
suspend every proceeding and determination with regard to the
aforesaid three Spanish vessels and their cargoes, until the said
Honorable Congress shall have decided definitively on this affair, and
that this may be done soon, so that the order, which it may be pleased
to give, may arrive at Boston before the said 5th of June next, which
is the time at which the said causes are to be judged definitively and
in the last resort.
JUAN DE MIRALLES.
_Philadelphia, May 18, 1779._
* * *
The foregoing letter from the Minister of France, together with that
of Don Juan de Miralles, was referred to Mr Burke, Mr Duane, and Mr
Lovell, who on the 22d delivered in a report, and thereupon Congress
passed the following resolution.
Resolved, That the resolutions of Congress passed the 6th day of March
last, relative to the control of Congress, by appeal in the last
resort, over all jurisdictions for deciding the legality of captures
on the high seas, be immediately transmitted to the several States,
and that they be respectively requested to take effectual measures for
conforming therewith.
Resolved, That the following letter be written to the Minister
Plenipotentiary of France, and signed by the President.
"Sir,
"Congress having taken into consideration your letter of the 19th of
this month, I am directed to assure you, that as soon as the matter
shall in due course come before them, they will attend very
particularly to the cases of the vessels, stated in the note from Don
Juan de Miralles, to have been sailing under the flag of his Catholic
Majesty, and captured by armed vessels under the flag of the United
States, and that they will cause the law of nations to be most
strictly observed; that if it shall be found after due trial, that the
owners of the captured vessels have suffered damage from the
misapprehension or violation of _the rights of war_ and _neutrality_,
Congress will cause reparation to be made, in such a manner as to do
ample justice, and vindicate the honor of the Spanish flag. That
Congress have every possible disposition to cultivate the most perfect
harmony with his Catholic Majesty, and to encourage the most liberal
and friendly intercourse between his subjects and the citizens of
these United States.
"But they cannot consistently with the powers intrusted to them, and
the rights of the States and of individuals, in any case suspend or
interrupt the ordinary course of justice."
* * * * *
TO THE PRESIDENT OF CONGRESS,
Translation.
Philadelphia, May 22d, 1779.
Sir,
The Minister Plenipotentiary of France, not having been hitherto
informed by Congress of the result of their deliberations upon the
important overtures, which have formed for more than three months the
constant subject of his representations, has reason to presume, that
the resolutions relative to them have not yet been passed. Delays, so
long and so unnatural, in a matter so clear, and in a juncture which
requires so much celerity, and which so essentially concerns the
United States, have rendered the undersigned apprehensive lest some
doubt had arisen, either as to the main point of the matter, or as to
the manner of proceeding, or as to the dispositions and views of the
King; and as the said Minister is instructed to conceal from Congress
nothing that can be useful to the interests of the United States, he
asks permission to submit to them the summary of the most essential
things, which seemed to him to deserve attention in the further course
of its deliberations.
It is well known, that the direct and essential object of the
alliance, which subsists between his Most Christian Majesty and the
United States, is to _maintain effectually the liberty, the
sovereignty, and the independence, absolute and unlimited, of the said
States, as well with respect to government as to commerce_, and
consequently, the territorial rights belonging to sovereignty. To this
object all the efforts and proceedings of the King are constantly
tending. It is in order to attain it, and to procure for the people
of America the power of this valuable independence, and the cessation
of the evils and dangers under which an active and obstinate war makes
them groan, that his Majesty has undertaken a difficult and expensive
war against England, without any view of personal interest, and even
with the refusal of the advantages which the United States appeared
ready to grant him. He has already given brilliant proofs, that his
friendship does not confine itself to the mere fulfilment of his
engagements. He is in fact disposed to give to the United States all
the assistance compatible with the situation of his own affairs, and
with the general state of things, and he regards the interests of the
United States as his own, in everything that relates to the object of
the alliance, and that is conformable to the invariable principles on
which his reciprocal connexions with the United States are founded. It
is in consequence of his attention to execute literally the treaty of
alliance, that he has not lost a moment in informing Congress of the
overtures relative to the projected pacification, in entreating them
to take without delay that part in this negotiation, which the dignity
and interests of the United States require. He has moreover repeated
to Congress the promise, that he would not treat with the common
enemy, without making it a primary and essential condition, that the
independence of the United States should be acknowledged, conformably
to the stipulations of the treaty of alliance. His Majesty has at the
same time ordered his Minister Plenipotentiary to lay before Congress
some considerations relative to the state of affairs, and particularly
to observe to them, that the alliance, unless victorious, cannot
dictate terms to the common enemy. The undersigned has executed these
orders either verbally or in writing.
It is evident then, that his Majesty desires only the tranquillity and
prosperity of America, upon the foundation of an honorable and firm
peace, conformable to the stipulations of the treaty of alliance. He
rejects every idea of conquest and acquisition of territory for
himself. In order promptly to attain this advantageous object, and to
fulfil his engagements, he is disposed to carry on the war with vigor,
if the common enemy refuses the pacific system, which his Majesty has
announced to the whole world, and which the United States adopted on
signing the alliance. But in case that the perseverance of the Court
of London in the desire to subdue, or to conquer America, should
prolong the calamities of the war, his Majesty will consider himself
at liberty to concert with the United States all the further measures
adapted to this new order of things, and conformably to the mutual
interests of the allies and of the common cause. It is thus that the
King fulfils, and proposes to fulfil, the duties resulting from
Articles 1st and 8th of the treaty of alliance, by urging on one side
the United States to participate in the negotiation, which can conduct
to the conclusion of a truce and of a peace, by making common cause
with the said States, and on the other side, by enabling the two
allies mutually to assist each other by their good offices, their
councils, and their forces, as circumstances may require; in fine, by
showing his perseverance, conformably to Article 8th, in the
resolution not to lay down arms till independence shall have been
formally or tacitly acknowledged. But as this last stipulation limits
his Majesty's engagements on this subject to the very time of this
acknowledgment, if England immediately agrees to this essential
condition, his Most Christian Majesty will have fulfilled all his
positive and direct engagements in relation to the conclusion of
peace.
It follows from these observations,
1st. That the King has engaged to procure for the United States, by
means of arms, the acknowledgment of their independence, and that his
Majesty is faithful to fulfil this obligation, and even disposed to
lend them assistance, to which he is not obliged by the treaty.
2dly. That he has made no other engagements than those expressed in
the stipulations of the treaty.
3dly. That the United States have neither title nor right to require
anything more, and that if they wish to persuade him to further
engagements, it can only be voluntary on his part, and by uniting
_reciprocal counsels_, conformably to the expression of Article 1st of
the treaty, and as is proper for _good and faithful allies_. Even in
this case, it is impossible to foresee the state of things and minds
in Europe, or to judge what measures the important care of maintaining
his reputation, and the system of equity and moderation, which he has
made the fundamental principle of his reign, may require on his
Majesty's part. These considerations seem particularly due to an ally,
when he has contracted gratuitous obligations without any reciprocal
advantages.
4thly. By uniting the expressions of Articles 11th and 12th, it will
be seen, that the success of the war being alone able to fix the fate
of empires, it has been found impossible on concluding the treaty of
alliance to determine the possessions that the United States may
obtain on making peace; that consequently, the engagement of France
can only be conditional and eventual on this subject; that she is not
now held to any particular engagement, in relation to these
possessions, whether real or pretended; and that this obligation will
not commence till the time in which the possessions of the United
States shall be fixed by the cessation of the war.
5thly. In fine, it is indispensable to add to these considerations,
that when any doubt arises as to the expressions, the extent and the
application of the stipulations of a treaty, the laws of reason, and
of universal justice, as well as the rules of a good and faithful
alliance, decide, that an ally has no right to interpret it
arbitrarily and partially; that the attempt would at the same time
offend the dignity, and destroy the confidence of his ally; that
neither of them can in fact arrogate to himself the superiority in
connexions, which ought to be equal and reciprocal; that it is only by
a friendly explanation, by a formal agreement, that these doubts can
be removed, and the exact meaning of treaties determined; that in
short, this method would become still more indispensable, if it should
happen, that the pretensions of one of the parties were founded only
upon farfetched inductions, subject to discussion and contradiction,
and would tend to alter the essential and fundamental system of an
alliance.
The Minister Plenipotentiary of France is fully confident, that the
Congress of the United States, knowing the laws of proceedings, and
the respect which Sovereigns mutually owe to each other, will observe
them in their conduct towards his Most Christian Majesty; but the
important, critical, and pressing juncture, in which the affairs of
the alliance stand at the present moment, imposes on the undersigned
Minister the sacred duty of contributing, as much as lies in his
power, to hasten the resolutions of Congress, to prevent all mistakes
and every subject of misunderstanding, to preserve the most perfect
harmony and uniformity of views and sentiments, concerning the
accomplishment of the advantageous stipulations of the alliance, and
thus to deceive the expectation of the common enemy, who henceforth
founds his principal hopes on the divisions, which he is intent upon
fomenting. In fine, one of the objects of this Memorial is, to prove,
solemnly, the faithful and friendly conduct of the King in this
juncture, his Majesty hoping, that the knowledge of this conduct will
confirm the governments and people of America in the sentiments of
confidence, which the proceedings of his said Majesty have already
inspired. It is only by thus placing before the eyes of Congress the
indubitable principles expressed above, that the Minister
Plenipotentiary of France thought that he could fulfil his duties to
the King, his master, and to the alliance, and protect from all
reproach his zeal for the common cause between France and America.
If he has deceived himself in his conjectures, as to the immediate and
apparent utility of his mode of proceeding, he begs Congress to accept
his excuses for having consumed time of so much value, and he flatters
himself, that knowing his attachment to the alliance, and to the
United States, it will attribute his conduct to these sentiments
alone.
GERARD.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, May 24th, 1779.
Sir,
I avail myself of the first respite, which my sickness allows me, to
congratulate you as well as Congress upon the resolution, which I am
assured they have taken, in relation to their finances. The execution
of the system, which appeared connected with this first operation of a
tax, will show to your friends and your enemies the extent of your
resources, your firmness, and your ability to make a suitable and
efficacious use of them. The eagerness with which the people seemed to
expect an arrangement of this kind, gives beforehand the proof of
their favorable dispositions and of their good will. This state of
things, Sir, cannot but strengthen the very friendly intentions of the
King, my master, by the confidence with which your own efforts, and
the displaying of the resources of America, will inspire him in your
dispositions. It will only remain for you to show vigor in your
military operations, in order to destroy the hope entertained by the
common enemy, of conquering America; then everything will inspire us
with the hope of soon seeing the happy day dawn, in which America will
enjoy independence, together with the advantages and delights of
peace. Congress has received all the possible assurances of the
King's, my master's, desire to hasten that moment, and he is
convinced, that Congress will place no obstacle in the way.
I have the honor to be, with respectful esteem, Sir, your humble and
most obedient servant.
GERARD.
* * *
_May 24th._ Information being given to Congress of some outrages and
wanton barbarities, committed on subjects of France by the enemy, on
their landing in Virginia, the following resolutions were passed.
Whereas it has been represented to Congress, that the enemy at the
time of, and since their landing in Virginia, have perpetrated the
most unnecessary, wanton, and outrageous barbarities, on divers of
the citizens of that State, as well as on several of the subjects of
his Most Christian Majesty residing therein, deliberately putting many
of them to death in cool blood, after they had surrendered, abusing
women, and desolating the country with fire,
Resolved, That the Governor of Virginia, be requested to cause
diligent inquiry to be made into the truth of the above
representations, and to transmit to Congress the evidence he may
collect on the subject.
Resolved, That Congress will retaliate for cruelties and violations of
the laws of nations committed in these States, against the subjects of
his Most Christian Majesty, in like manner and measure as if committed
against citizens of the said States, and that the protection of
Congress shall be on all occasions equally extended to both.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, May 25th, 1779.
Sir,
I have received with the most lively satisfaction the letter with
which you honored me on the 24th of this month, as well as the
resolutions of Congress of the same date, which accompanied it, and
which relate to the atrocious actions committed by the enemy's troops
in Virginia, which violate equally the laws of war established between
civilized nations, and the first principles of humanity, and attack
the foundations of all human society.
The whole world cannot but be convinced of the justice of the
necessary measures to which the conduct of the common enemy compels
Congress to have recourse, in order if possible to put an end to such
horrible excesses.
I must confine myself here, Sir, to requesting you to place before
Congress this assurance of the sensibility with which the King, my
master, and the whole French nation will receive the strong proof of
friendship, union, and identity of feelings and interests, which the
United States give in declaring, that they will make no distinction,
in this respect, between their own subjects and those of their ally.
This will give the common enemy a new evidence of the inviolability of
the alliance which unites the two nations, and will afford the French,
who have already given so many proofs of their individual attachment
to the sentiments of the alliance, and of their zeal for the United
States, a new motive of encouragement. By thus increasing more and
more the connexions and the mutual confidence, the means of braving
the effects of the ambition and the revenge of the common enemy will
be increased.
I have the honor to be, with respect and esteem, Sir, your most humble
and obedient servant.
GERARD.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, May 27th, 1779.
Sir,
The Minister Plenipotentiary of France, in consequence of the
sentiment and the views, which have prompted his previous
representations, has the honor to observe to the representatives of
the United States of America in Congress assembled, that independently
of the principal and direct interest of the confederated republic in
the overtures of pacification, which the undersigned has been ordered
to make to Congress, the general good of the alliance urges with all
possible earnestness the hastening of the resolution of the said
States. It is in fact only by enabling the Court of Spain to bring its
mediation to its critical and decisive point, that it can be hoped
that this power, convinced of the injustice of the views and of the
ambition of England, will join the alliance, acknowledge the
independence of the United States, and take an active part in the war.
On the contrary, by delaying without communicating to the parties
interested the motives which induce them to it, the States will be in
danger of fatiguing this power, which keeps on foot the forces of the
whole monarchy, principally with a view to give respectability to a
mediation which appears to be neglected; they incur the risk of
cooling the good will of his Catholic Majesty, and perhaps of
alienating him as much by delays, as if resolutions, contrary to the
system which he has appeared disposed to favor by his mediation,
should give him lawful reasons for changing his conduct.
The alliance will thus be deprived of a decisive support, which the
goodness of its cause, the wisdom of its conduct, and the close union
subsisting between France and Spain seemed to promise it. Moreover,
the suspension of the said resolutions operates equally in another
point of view, in a manner the most disadvantageous for the alliance
in general, and for France in particular. On the one side, in fact,
the expectation of the resolutions of Congress necessarily infuses
into plans and measures an uncertainty injurious to the common good,
and if the Count d'Estaing does not carry into execution the plan of
coming upon the American coast, it can only be attributed to this
cause. On the other hand, the season is already so far advanced, that
this same uncertainty, by destroying the hope of seeing Spain declare
herself during the course of the present campaign, leaves France alone
exposed to the efforts of the principal body of the enemy's forces.
The wisdom of Congress, and the faithful attachment which they show on
every occasion, in a manner as conspicuous as it is satisfactory to
the alliance, and the respect which they have always expressed for
Spain, do not permit a doubt as to the attention which they will be
pleased to give to considerations of such importance. The present
Memorial is the last tribute that the zeal of the Minister
Plenipotentiary of France will allow him to consecrate to the duty of
facilitating and accelerating, as much as lies in his power, the
deliberations of Congress, by suggesting considerations which might
have such an influence.
GERARD.
* * *
_June 22d._ A Memorial from the Minister Plenipotentiary of France was
read, accompanied with a commission given by him to the Sieur de St
Hilaire, appointing him Vice-Consul for the port of Alexandria in
Virginia. Ordered, that the same be referred to the Marine Committee
to take order thereon.
Another Memorial from the Minister was received and read, accompanied
with two Memorials relative to violences, of which divers subjects of
his Majesty complain. These were also referred to the Marine
Committee.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, June 21st, 1779.
Sir,
The Minister Plenipotentiary of France has the honor to represent to
the Congress of the United States of America, that the daily
experience of several ports of the continent proves how prejudicial
the want of the proper regulations for maintaining the immunity of the
flag, which is the foundation of a free commerce, is to navigators, to
French merchants, and even to the interests and to the honor of the
French nation. The treaty of commerce has foreseen this state of
things, and has expressed the wish of the two parties to remedy it.
The undersigned would have proposed to Congress, some time ago, to
enter upon this negotiation, had he not perceived that their time was
occupied by subjects of greater importance; but as the evil increases
daily, it becomes indispensable and urgent to provide a remedy for it,
at least with regard to the most pressing subjects, and by provisional
regulations, which will have no force till the contract, stipulated by
the treaty of commerce, is made.
The Minister Plenipotentiary consequently thinks it his duty to lay
before Congress the annexed plan, and to propose a method, which
seemed to him calculated to effect this object.
Several States, perceiving the inconveniences of the present
uncertainty, seemed disposed to provide a remedy for it by domestic
laws; but the undersigned has not been willing to urge them, without
being previously informed of the sentiments of Congress on this
subject. He consequently requests that body to be pleased to inform
him of them, and if they think proper that the daily complaints should
be redressed by provisional regulations, while waiting till the
subject shall be acted upon by a convention, to recommend this matter
itself to the Legislatures of the several States. The regulations
which they may make will show by experience, whether they are
calculated to effect this object. They will throw light upon the rules
observed among all commercial nations, and will give to the United
States in general an opportunity of becoming acquainted with the
manner in which the commerce between the two nations can be regulated,
according to the principles of justice and equality, which should form
the foundation of all the connexions that shall subsist between them,
and according to the principles and forms which vary in different
States.
GERARD.
* * * * *
TO THE PRESIDENT OF CONGRESS.
Translation.
Philadelphia, July 5th, 1779.
Sir,