The Minister Plenipotentiary of France, has already had the honor to

recommend to Congress the request made by the King's navy agent in

relation to the expedition of the ship Defence, loaded with provisions

for Cape Francois. He renews his entreaties by the present Memorial.

The quantity of provisions on board this vessel is so inconsiderable,

particularly considering the abundance of old grain which we see now,

that the undersigned hopes that Congress will think that the

exportation of them may be allowed, without injury to the service of

the army or of the public. The undersigned, however, offers to have

these same provisions received, so as to be deducted from the quantity

promised for his Majesty's squadron, and particularly the flour, on

account of the thousand barrels, to which the eighteen thousand,

promised for the same service, have been reduced. The want of

provisions is so great at Cape Francois, particularly in the vessels

of Count d'Estaing's squadron, which are stationed there to protect

the reciprocal commerce, that the said Minister is ready to subscribe

to whatever conditions Congress shall think proper to impose with

regard to this expedition. But he requests with the greatest

earnestness, that they would be pleased not to defer giving a positive

answer, in order not to increase, if its decision is in the negative,

the costs and expenses which the King will be obliged to pay to the

proprietors and fitters out of the said vessel.

With regard to its destination, the undersigned had thought that he

could flatter himself, that his character and conduct would prevent

the doubts which a member of Congress has communicated in writing to

the King's navy agent. Nevertheless, as so weighty a suspicion,

declared in so serious a manner, and impeaching the probity and

fidelity of the officers of the King, acting immediately under the

direction of the said Minister, cannot have been suggested to Congress

without important reasons, the undersigned entreats and requests them

to be pleased to cause an account to be rendered of the reasons of his

suspicions, and of the facts upon which they may have been grounded.

The undersigned requests further, that the result of this verification

may be communicated to him, in order that he may be in a situation to

take the further part, that the dignity of the King, his respect for

Congress, his regard for the public interest of America, and the

delicacy which ought to characterise the conduct of every public man,

may require.

The undersigned makes the same request, and for the same reasons, with

regard to the accusation made to Congress, that the vessels, which

have been fitted out in the name of the King, have been loaded with

quantities of flour on individual account. He declares that his first

rule has always been to cause the whole of the vessels to be freighted

on his Majesty's account; but if any frauds have been committed in

this matter, it is of equal importance to the public good, and to the

dignity of the King, that its authors should be known, in order to

prevent further frauds. The delegates to Congress, by a verbal

declaration made to the King's navy agent, have confined this

imputation to one vessel alone, but it is not less important that the

fact should be verified.

Besides, although the Minister Plenipotentiary of France insists on

this point, in order to make these odious imputations fall on those

who may deserve them, he could have contented himself with declaring,

that not having the right of police and inspection over the

proprietors, owners, and Captains of the American vessels, which have

been employed in these transportations, and who ought to be better

acquainted than strangers with the laws of the country, it is only the

officers of the State, appointed to receive the declarations of the

ships which sail from the ports, who can, in examining the cargoes,

determine the frauds which may have been committed; and that without

directly and positively blaming the officers of the King, they cannot

be made responsible for frauds, which it is not in their power to

prevent. Very far from desiring any connivance on the part of the

officers or of the governments of the different States of America, the

undersigned earnestly desires, that they would be pleased to execute

with vigor the powers which belong to them, and the laws which may

have reference to these subjects.

The undersigned hopes that Congress will be pleased not to defer its

resolution, whatever it may be, respecting the ship Defence, till the

verification of these facts. The two affairs have nothing in common,

and the Minister Plenipotentiary, in repeating his offers expressed

above, flatters himself that Congress, if they think proper to permit

this expedition, will find that these arrangements can be made even

after the departure of this vessel.

GERARD.

* * *

This Memorial being read, it was immediately

Resolved, that it be recommended to his Excellency the Governor of

Maryland to permit the ship Defence, which is loaded with provisions

for the fleet of his Most Christian Majesty, to depart and carry her

cargo to the place of her destination, and that care be taken that she

carry no other provisions than the above, and what may be necessary

for the crew.

* * * * *

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, July 5th, 1779.

Sir,

The Minister Plenipotentiary of France has the honor to represent to

Congress, that faithful to the promises which that body has asked

for, on his part, in relation to the purchase of provisions destined

for the squadron, which the King sent last year to the assistance of

the United States, he has never authorised any purchase except through

the very overseers appointed by Congress, or without giving notice of

the operation to the members of the committees intrusted with this

business. He has declared to them several times, that the provisions

bought on the account, and with the money of the King, would always

remain at the disposal of Congress, either for the public service, or

for that of the American army. The undersigned hopes, that their

members will be witnesses of it to Congress. Delicacy has been carried

so far, that it has been preferred to expose the King's squadron to

the want of provisions, which it has procured only in consequence of

some happy accidents, rather than to break through an arrangement

which Congress had judged necessary. The same principle has guided the

conduct which has been pursued in the last place, when the

undersigned, by his knowledge of the chief motives of Congress, having

been obliged to demand the assurance of a certain quantity of

provisions, the difficulty of circumstances induced him to combine

purchases by way of commerce with the direct measures which Congress

has judged proper to take. As Congress must have been informed of all

that has taken place on this subject, the undersigned will not

introduce it again here, and he will abstain from all reflection.

He confines himself to representing to Congress, that the produce of

these private purchases is reduced to a very small quantity, by the

obstacles which the continental officers have thrown in their way, and

by the seizure, by authority, of the articles bought, as well as by

other similar events; and the agents employed on the King's account,

being thus deprived of the security and of the power which every

American citizen, and every foreign merchant enjoys, and the property

of the King being so uncertain and exposed, the undersigned begs

Congress to be pleased to cause all the provisions bought on the

account and with the money of his Majesty, to be placed in the hands

of the officers whom they shall judge proper to appoint for this

purpose, in order that Congress may dispose of them in such manner as

their own prudence and the public interest shall dictate; the

undersigned declaring, that from the moment in which he was informed

of these proceedings and of these obstacles, he has given order to put

an end to every kind of purchase and supply of provisions. He annexes

here the note of the provisions now in the hands of the King's agents;

and if the commissions given heretofore have produced a greater

quantity of them, he will have the honor to give notice of it to

Congress, according as he shall be informed of it himself.

But he must at the same time call the attention of Congress to the

proposition, which he had the honor to make to them by the Memorial

which contains the request for this new supply, that is to say, that

they would be pleased to declare, whether the Minister Plenipotentiary

of France may reckon upon the quantity of provisions, which are

necessary for the important object which he has had the honor to

communicate to Congress. In order to facilitate the success of his

measures on this subject, the undersigned confines himself at the

present time to requesting, that the quantity of five thousand barrels

of flour may be immediately held in readiness. The remainder can be

furnished in the course of September next, from grain the product of

this year's harvest.

The reasons alleged in the said Memorial compel the undersigned to

repeat to Congress the formal demand of a prompt and explicit answer,

with which he has not hitherto been honored. Congress has too much

wisdom for any one to allow himself to set forth to it all the

inconveniences which might result to America, and to the alliance from

the least delay. The reports hitherto communicated are so uncertain,

that it is impossible to make them the foundation of a confidence,

which the experience of the past does not encourage, unless Congress

authorises them by its sanction. A formal and explicit assurance on

the part of Congress can alone effect an object so important, upon

which the Minister Plenipotentiary of France has insisted since the

month of May, and which the advancement of the season renders still

more critical and pressing.

GERARD.

* * * * *

REPORT OF A COMMITTEE RESPECTING A CONFERENCE WITH

THE MINISTER OF FRANCE.

In Congress, July 10th, 1779.

The President informed Congress, that the Minister of France had

communicated to him certain intelligence, about which it would, in his

opinion, be expedient for Congress to confer with the Minister.

Resolved, That the honorable M. Gerard be informed by the President,

that Congress are desirous of conferring with him in a committee of

the whole, on the subject of the intelligence communicated by him to

the President, and that if agreeable to him, a private audience be had

on Monday next, at 12 o'clock.

_Monday, July 12th._ The President informed the house, that he had

communicated to the Minister of France the resolution of Saturday, and

that the Minister had agreed to meet Congress, in a committee of the

whole, at 12 o'clock. Whereupon Congress was resolved into a committee

of the whole, and had a conference with the Minister, and on the 14th

of July, Mr Laurens, chairman of the committee, reported,

That in obedience to the order of Congress, the committee of the whole

have conferred with the Minister Plenipotentiary of France, who

introduced the conference by saying, that he had received some

despatches from his Court, which he was ordered to communicate to

Congress, but that he expected no answer. That though it was not the

usual practice to offer communications of this nature in writing, yet

as it had been intimated to him by the President, that this mode would

be most agreeable to Congress, he had committed the heads of them to

paper, not as a Memorial, but merely for the assistance of the memory,

in a form to which the term of "_ad statum legendi_" is appropriated

by the usage of the Courts of Europe; that in reading the said paper

he would take the liberty of making some explanations and reflections.

That he then proceeded to read the paper herewith delivered, marked

No. 1, divided into seven Articles, and at the close of each separate

Article he added explanations and reflections, the substance of which

the committee have endeavored to recollect, and have committed to

writing in the paper marked No 2.

NO. I.

_Ad statum legendi._

1st. The King has approved all the overtures, which were made by his

Minister Plenipotentiary to the Honorable Congress, respecting the

affairs of M. de Beaumarchais. Therefore a line ought to be drawn

between the stores, which this gentleman has been permitted to take

out of the royal magazine, for which he has made himself debtor to the

department of war, and between those articles which the same gentleman

has bought in the common way of trade for the use of the United

States.

2dly. A hint having been given to the Minister Plenipotentiary, that

Congress desire to recruit their ships in France, from the English

prisoners there, the Court in consequence of his representations is

willing to facilitate this mode of recruiting seamen.

3dly. The King and Ministry were extremely pleased with the

resolution, which Congress has taken, to maintain only one Minister

Plenipotentiary at this Court, as well as with the exclusive

appointment of so steady and honest a man, and so firm and solid a

patriot, as Dr Franklin.

4thly. The Congress has given very great satisfaction to the Court of

France, by the timely and spirited step, which was taken to disavow a

certain ill-grounded and pernicious doctrine, relating to the mutual

obligations of the allies, to conclude no truce or peace without the

knowledge or consent of each other. The Court of France is of opinion,

that this doctrine could only be maintained by those men, whose aim it

was by any means to weaken the ties of the alliance, and to create

disgust and diffidence between the allies.

5thly. The Court has received with some surprise the intelligence,

that Congress has published the treaties concluded with it, without

the previous knowledge and consent of the party interested. It is not

to be denied, that such a proceeding is but little consistent with

reason, and with the general practice of Courts and nations.

Nevertheless, this observation involves not any kind of reproach, but

the King thinks, that so noble and generous a system of politics could

but produce desirable effects by its publication.

6thly. The intelligence, that in the first month of last winter there

were no adequate preparations made in America towards a vigorous and

successful campaign, was received at Versailles with all the concern,

which the danger of the United States and the prolongation of the

present contest can create in the most friendly mind. The Court of

France is fully in the opinion, that the exertions of the United

States are necessary to bring the common enemy to a proper sense of

all the disappointments which he shall meet with.

7thly. The Court, being desirous to acquaint Congress exactly with the

state of affairs relating to the common cause, would not delay to

inform this honorable body, that the Court of London, showing on one

side dispositions to a reconciliation with France, rejects on the

other side the very idea of a formal and explicit acknowledgment of

the independence of the United States, which his Most Christian

Majesty perseveres to hold up as a preliminary and essential

condition. The behavior of the common enemy in this respect rendered a

great deal more probable the conjecture, which was communicated to

Congress some time ago, that the point of honor and pride of the King

of England will be the greatest obstacle to the conclusion of peace

upon those explicit terms; and perhaps the manner of overcoming this

difficulty will of course become the most decisive object of the

deliberations of Congress, when this honorable body shall determine to

make peace, whatever middle way may be hit upon, that England shall

treat with the United States as with a free people, and evacuate

immediately all the territories belonging to them.

NO. II.

_The Substance of what the Minister said at the Conference in

explanation of the several Articles in the foregoing Paper,

entitled "ad statum legendi," as reported by the Committee._

ARTICLE 1. From the bills and accounts with which Congress have been

furnished by M. de Beaumarchais, Congress will be enabled to

distinguish those articles which were drawn from the royal magazines,

and those which he supplied in the way of trade. For these last,

Congress will without doubt make remittances to M. de Beaumarchais in

their own way, to enable him to perform the contracts he has entered

into as a merchant. That for the former articles, the King, his

master, taking upon himself to be creditor to the United States, would

wait until Congress shall find it convenient to make compensation.

ARTICLE 2. Though his Court had not resolved to retaliate upon the

prisoners taken by the common enemy, yet for the reasons assigned, the

King, his master, had assented to the proposal. But in carrying this

matter into execution it would be proper to take such precautions,

and to give such orders to the Captains, or other persons employed in

this business, that it may be managed with prudence.

ARTICLE 3. There is every reason to believe, that Congress will very

soon receive proofs of the confidence, which his Court was always

willing to show to the servants of these States. The personal

character of Dr Franklin will enable the Court to act with a frankness

becoming the alliance, and they will have no occasion to withhold any

more the secrets which may interest the United States and the

alliance.

ARTICLE 4. The King, his master, after this explicit step, relies with

the highest confidence upon the candor and faithfulness of Congress,

in understanding as well as in executing the treaty, and in rejecting

every arbitrary and unnatural interposition or construction, which

false, subtle, or designing men can contrive. Congress by their own

feelings must be sensible, that such interpretations and constructions

are always hurtful, against common decency and dignity, and may

oftentimes endanger mutual confidence, and of course the very

existence of a treaty. But the sense Congress has manifested in this

particular affair gives his Court the greatest hopes, that there will

be no further motive for the painful reflections, which that affair

gave rise to.

ARTICLE 5. He begged leave to add, that this publication interfered

with the situation of affairs in Europe, and was in a certain degree

disadvantageous to the common cause, because it gave the common enemy

a full knowledge of our system, and our mutual engagements, without

procuring us any reason to guess at their views and resolutions.

Happily these inconveniences have not been felt, and ample

compensation has been obtained by convincing the people of America,

not only that the treaty was just and equal, but that the heavy task

which France had taken upon her was magnanimous, gratuitous and

without reward. The whole world was at the same time convinced, that

war, conquest, and ambition, were not the objects of the alliance, nor

of any of the allies, but only the peaceable enjoyment of the

sovereignty, liberty, security, and independence of these United

States. And this conviction gave much honor, credit, and consideration

to the alliance.

ARTICLE 6. On this he observed, that he had endeavored since last

fall, by order of his Court, to impress upon every mind, that England

will never evacuate New York willingly, and could only be brought by

proper exertions on the part of America to think seriously of granting

independence. He believed that Congress had adopted a system so

conformable to their engagements and to the situation of affairs, his

Court was better informed than he was. But without reflecting on past

events, the King hopes, that his amicable apprehensions will be

overcome by the success of the campaign; that henceforth the United

States will follow the example set them by his Majesty, and that they

will exert themselves in their own cause, as his Majesty exerts

himself for their sakes and in their cause, which he has adopted.

ARTICLE 7. He said he was authorised to tell Congress in confidence,

that this reflection is the result of the observations which the Court

of Spain made upon the conduct of England throughout her negotiation

of mediation; that the British Ministry seem to be solicitous to be

reconciled with France, and to keep up this negotiation; that from

thence probable hopes may be entertained of their internal disposition

to peace, but at the same time they reject with haughtiness the formal

acknowledgment of the independence insisted on by France and Spain.

New orders have been given to the Spanish Ambassador at London, to

ascertain as nearly as possible those dispositions. In these

circumstances, the King, his master, ordered him to communicate this

intelligence to the United States, that they may, if they think

proper, take under consideration, if it would not be expedient to give

their Plenipotentiary instructions and full powers, founded upon the

necessity of the conjuncture and upon the treaty of alliance, the

express and formal terms of which are, that peace shall not be made

without an express or tacit acknowledgment of the sovereignty, and,

consequently, and _a fortiori_, of the rights inherent in sovereignty,

as well as of the independency of the United States in matters of

government and of commerce.

This substantial alternative in an engagement, which is a mere

gratuitous gift, without any compensation or stipulation, ought,

indeed, never to be forgotten in a negotiation for peace. France

foresaw the extreme difficulties, which a formal and explicit

acknowledgment might meet with. She knew by her own experience in

similar contests, in which she has been deeply concerned, respecting

the Republics of Holland, Genoa, and the Swiss cantons, how tenacious

monarchs are, and how repugnant to pronounce the humiliating

_formula_. It was only obtained for Holland _tacitly_, after a war of

thirty years, and _explicitly_ after a resistance of seventy. To this

day, Genoa and the Swiss cantons have obtained no renunciation or

acknowledgment, either tacit or formal, from their former sovereigns.

But they enjoy their sovereignty and independence only under the

guarantee of France. His Court thought it important to provide, that

difficulties of this nature, which consist merely in words, should not

delay or prevent America from enjoying the thing itself.

From these considerations arose the very important and explicit

stipulation in the treaty, which he just now mentioned, and which has

received the sanction of the United States. The circumstances seem

such as call for the application of the alternative of tacit or

explicit acknowledgement. All these considerations are adduced, that

Congress may, if they think proper, consider whether the literal

execution of the treaty in this point is not become necessary, and

whether the safety and happiness of the American people, as well as

the essential principles of the alliance, are not intimately connected

with the resolutions that may be taken on this subject. And it remains

with the prudence of Congress to examine, whether instructions upon

some particular conditions may not frustrate the salutary purpose of

the treaty of alliance, relative to a tacit acknowledgment which the

situation of affairs may require.

The Diplomatic Correspondence of the American Revolution, Vol. 10 · 第 21 / 33 段