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.