THE CORRESPONDENCE OF THE COMMISSIONERS AT THE COURT OF FRANCE. (continued 2)

The French are free from this difficulty, their seamen being all registered, and serving in their turns. Their fleet is nearly ready, and will be much superior to the English, when joined with that of Spain, which is preparing with all diligence. The tone of the Court accordingly rises, and it is said, that a few days since, when the British Ambassador intimated to the Minister, that if the Americans were permitted to continue drawing supplies of arms, &c. from this kingdom, the peace could not last much longer; he was firmly answered—Nous ne desirons pas le guerre, mais nous ne la craigons pas. "We neither desire war, nor fear it." When all are ready for it, a small matter may suddenly bring it on; and it is the universal opinion, that the peace cannot continue another year. Every nation in Europe wishes to see Britain humbled, having all in their turns been offended by her insolence, which, in prosperity, she is apt to discover on all occasions. A late instance manifested it towards Holland, when being elate with the news of some success in America, and fancying all that business ended, Sir Joseph Yorke delivered a memorial to the States, expressing his master's indignation against them, on account of the commerce their subjects carried on with the rebels, and the governor of St Eustatia's returning the salute of one of the American ships, remarking that "if that commerce was not stopped, and the governor punished," the King knew what appertained to the dignity of his crown, and should take proper measures to vindicate it. The States were much offended, but answered coolly that they should inquire into the conduct of their governor, and, in the mean time, would prepare to secure themselves against the vengeance with which Britain seemed to threaten them. Accordingly, they immediately ordered twentysix men of war to be put upon the stocks.

We transmit you some affidavits,[33] relating to the treatment of our prisoners, with a copy of our letter[34] to Lord Stormont, communicating them, and his insolent answer. We request you to present our duty to the Congress, and assure them of our most faithful services.

With great respect we have the honor to be, &c.

B. FRANKLIN, SILAS DEANE.

FOOTNOTES:

AGREEMENT Between Messrs Franklin and Deane, and the Farmers-General of France, for the sale of a quantity of Tobacco.

Translation.

ARTICLE I.

We the undersigned, as well in our own name, as by virtue of powers derived from the Congress of the United States of North America, promise and oblige ourselves to deliver, in the course of the present year, 1777, five thousand hogsheads, or five million weight of York and James River tobacco, to the Farmers-General of France, in the ports of France.

ARTICLE II.

The price of the tobacco, thus delivered, is fixed at eight sols per pound, net tobacco, mark weight, or forty livres tournois per cwt, and delivered into stores of the Farmers-General.

ARTICLE III.

All average, rotten, or spoiled tobacco, shall be cut off and deducted from the weight to be paid for, agreeably to the estimate, which shall be impartially made by experienced persons, by which a general average shall be fixed instead thereof.

ARTICLE IV.

There shall be a deduction, moreover, of four per cent, under the title of allowance for good weight, eight pounds weight per hogshead for samples, and two per cent discount on the amount of the invoice for prompt payment.

ARTICLE V.

The Farmers-General oblige themselves for the discharge of the amount of five thousand hogsheads, to remit at the disposal of Congress, and to pay into the hands of the banker, who shall be appointed by Messrs Franklin and Deane, or to direct their Receiver-General at Paris, to accept the bills, which shall be drawn upon him by Messrs Franklin and Deane, as far as a million of livres tournois, in the course of the ensuing month, and another million the instant of the arrival of the first ships loaded with tobacco, which shall be delivered to them; the said two millions making the balance and entire payment for the five thousand hogsheads, or five million weight of tobacco, mark weight, sold by Congress at the price of eight sols per pound, before agreed upon.

ARTICLE VI.

Should Congress be able to send to France a greater quantity of tobacco, whatever shall exceed the value of the two millions advanced by the Farmers-General, shall be remitted to them by Messrs Franklin and Deane, at the same price, and upon the same terms, and the Farmers-General oblige themselves to pay the value thereof in cash, or bills on their Receiver General, at three usances as customary.

ARTICLE VII.

And I, the undersigned Farmer-General, by virtue of a power vested in me by my company, subject and oblige myself in its name, to the full and entire execution of the six foregoing stipulated articles, and for the execution of the present, the parties have chosen their dwellings, that is to say, for Messrs Franklin and Deane, the Hamburgh hotel, University street, Parish of St Sulpice; and for the Farmers-General, at the hotel of the King's Farms, Grenelle street, Parish of St Eustache.

Done and concluded in duplicates, at Paris, this 24th of March, 1777.

B. FRANKLIN, SILAS DEANE, PAULZE.

AGREEMENT FOR PACKETS Between M. Ray de Chaumont, on the one part, and Benjamin Franklin and Silas Deane, on the other, viz.

The said Ray de Chaumont engages to equip, in some port of France, agreed to by the said Benjamin Franklin and Silas Deane, in each month, for the space of one year, counting from the month of May next, a packet boat, or vessel, suitable for the carrying of despatches between France and the United States of North America, which vessel, or packet boat, shall be capable of carrying thirty tons of goods, without impeding her sailing to the best advantage; and the said Ray de Chaumont shall be at the whole expense of equipping, victualling, &c. each of the said packet boats, and shall furnish in each of them a passage for one person, sent by the said Franklin and Deane, to take charge of their despatches and goods shipped. Each packet boat or vessel shall attend the orders of the said Franklin and Deane, in pursuing her voyage, for the safest and most certain delivery of the said despatches and merchandise.

The said Franklin and Deane shall have liberty to load a quantity of goods on board each packet boat, to and from America, to the amount of thirty tons consigned to their orders; and they, the said Franklin and Deane, shall pay to the said Ray de Chaumont, the sum of eight thousand livres for each voyage of each packet boat, which sum of eight thousand livres shall be paid the said Ray de Chaumont, in three months after the entering on each voyage successively, whether the packet boat arrive in safety or not.

The packet boat shall not be delayed after her being ready to receive the goods, either in France or America. The said packet boats, with all their equipments, shall be solely at the risk and expense of the said Ray de Chaumont; but the goods to be shipped as aforesaid, with the freight stipulated therefor, as above mentioned, shall be at the risk of the said Franklin and Deane; and the said Ray de Chaumont shall not, in case either of said packet boats will carry more than the said thirty tons of goods, load them, or either of them, beyond the said quantity, so as in any manner to impede their or her sailing to the best advantage.

In witness of which, the parties have subscribed three agreements, each of this tenor and date, at Paris, April, 1777.

RAY DE CHAUMONT, B. FRANKLIN, SILAS DEANE.

TO JONATHAN WILLIAMS.

Paris, 1st May, 1777.

Sir,

M. Cornic, of Morlaix, will order to your care a small vessel, designed as a packet for America; you will see by the contract copy enclosed, that we are to load goods to a certain amount, as she is instantly to be despatched; we desire you will put the quantity of goods to be sent in her, out of the bales on hand. We have ordered that future packets coming from America, or elsewhere, to Nantes, for us, shall be under your direction, of which you have informed M. Penet and Mr Morris; you will, therefore, on the arrival of any vessel from America, with despatches for us, inform the captains, or persons charged with them, of your appointment, receive the letters, and send them to us in the most safe and expeditious manner. We advise you to charge the person bringing despatches, to say not a word of his errand to any one, and we confide in your prudence to conduct the receiving, as well as the expedition of the packets with all possible secrecy.

We are, Sir, &c.

B. FRANKLIN, SILAS DEANE, ARTHUR LEE.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

Philadelphia, 2d May, 1777.

Gentlemen,

Your despatches, dated February the 6th and 8th, were safely received by us about the middle of April. We observe your remarks on the timorousness of the French merchants, respecting the formation of trading companies, which, you say, is occasioned by the change and fluctuation of news. That the spirit for trade will always be governed by the rise and fall of military strength, is a maxim always to be admitted in the first attempts to establish a commerce between any two nations, because success in war is supposed to give security or protection to it. But this timidity ceases naturally, as soon as a trade is opened, for losing or gaining after that equally produces a spirit of adventuring further. Therefore we wish to enter into a trade with them as soon as possible, because as nothing can abridge or prevent their profits, but the enemy's making prizes of their ships, the consequence will be, that they will either be encouraged by the gain, or aggravated by the loss to come to a serious understanding with the Court of Britain. We advise you to be constantly holding up the great advantages, which the crown and commerce would receive by their possessing themselves of the West Indies, and we trust to your wisdom in making all the use possible of the English newspapers, as a channel through which to counteract the tide of folly and falsehood, of which you complain, and rest assured that every material circumstance, either for or against, will be despatched to you, with the utmost expedition.

By information from New York, it appears that the more discerning part of the English Generals begin to give up the thought of conquest, and of consequence the fear of totally losing the trade of America must accompany the despair of arms; therefore, we conceive that the English newspapers are now calculated to deter the French from beginning to taste the sweets of our trade. Their falsehoods, rightly understood, are the barometers of their fears, and in proportion as the political atmosphere presses downward, the spirit of faction is obliged to rise. We wish it to be understood, that we pay too much respect to the wisdom of the French Cabinet, to suppose that they can be influenced by such efforts of visible despair, and that we have too much reverence for the honor of the American Congress to prostitute its authority, by filling our own newspapers with the same kind of invented tales, which characterise the London Gazette.

We observe that General Howe, in his letter to the administration, printed in the London Gazette of December 30th, apologizes for not having written to them since his taking possession of New York, nearly three months. Here is the proper field to speculate on silence, because this business is conquest, ours defence and repulse; and because, likewise, he has the sea more open to him than we have, had he any thing to send that would please. Therefore, silence on his part is always to be considered as a species of good news on ours.

The Congress highly approve your dividing yourselves to foreign Courts, and have sent commissions for that purpose, and likewise, commissions for fitting out privateers in France.

The Mercury, from Nantes, is safely arrived in New Hampshire. The Amphitrite and Seine, we are yet in hopes of. We shall notice the conduct of Nicholas Davis. We have presented Marshal Maillebois' sentiments on the mode of war, to Congress, who are greatly pleased therewith, and entertain a high respect for the author.

Our last account gave you a state of news down to March, since which nothing material has happened. The enemy, wearied and disappointed in their last winter's campaign, still continue in a state of inactivity at New York and Brunswick. The Congress is returned to Philadelphia. General Washington remains at Morristown, and occupies the same posts as when the last despatches were sent you. The principal object now is, the recruiting service, which has been greatly promoted by some late resolves of Congress. Our troops have been under inocculation for the smallpox with good success, which, we hope, will be a means of preserving them from fevers in summer, however it will frustrate one cannibal scheme of our enemies, who have constantly fought us with that disease by introducing it among our troops.

When we look back to the beginning of last December, and see our army reduced to between two and three thousand men, occasioned by the expiration of the time for which they were enlisted, we feel exceedingly happy in contemplating the agreeable condition and prospect our affairs are now in. We have, since that period, reduced the enemy more than our whole army, at that time, amounted to, and scarce a day passes, in which they do not suffer either by skirmishes or desertions.

The Congress have it in contemplation to remove the garrison from the present fort, in the District of Ticonderoga, to fort Independence, in the same District, which they judge will command that pass with greater advantage, and is a much healthier situation. We mention this, as the enemy will probably give an air of triumph to the evacuation, should it be done. The distance between the two is about a quarter of a mile.

As General Howe is preparing a bridge of boats, we think it possible that he might, by a sudden and forced march, reach this city; but we are clearly of opinion, that he would be ruined by the event; and though we are not under much apprehension of such a movement, yet we think it proper to give you the case, with our opinion thereon.

We are, gentlemen, your obedient humble servants,

BENJAMIN HARRISON, ROBERT MORRIS, THOMAS HAYWARD, JAMES LOVELL.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

Philadelphia, 9th May, 1777.

Gentlemen,

This letter is intended to be delivered to you by John Paul Jones, an active and brave commander in our navy, who has already performed signal services in vessels of little force, and, in reward for his zeal, we have directed him to go on board the Amphitrite, a French ship of twenty guns, that brought in a valuable cargo of stores from Messrs Hortalez & Co. and with her to repair to France. He takes with him his commission, some officers and men, so that we hope he will, under that sanction, make some good prizes with the Amphitrite; but our design of sending him is, (with the approbation of Congress) that you may purchase one of those fine frigates, that Mr Deane writes us you can get, and invest him with the command thereof as soon as possible. We hope you may not delay this business one moment, but purchase in such port or place in Europe, as it can be done with most convenience and despatch, a fine, fast sailing frigate, or larger ship. Direct Captain Jones where he must repair to, and he will take with him his officers and men towards manning her. You will assign him some good house, or agent, to supply him with every thing necessary to get the ship speedily and well equipped and manned, somebody that will bestir himself vigorously in the business, and never quit until it is accomplished.

If you have any plan or service to be performed in Europe by such a ship, that you think will be more for the interest and honor of these States, than sending her out directly, Captain Jones is instructed to obey your orders, and, to save repetition, let him lay before you the instructions we have given him, and furnish you with a copy thereof; you can then judge what will be necessary for you to direct him in; and whatsoever you do will be approved, as it will undoubtedly tend to promote the public service of this country.

You see by this step how much dependence Congress places in your advices, and you must make it a point not to disappoint Captain Jones's wishes, and our expectations on this occasion.

We are, gentlemen, your obedient humble servants,

ROBERT MORRIS, RICHARD HENRY LEE, WILLIAM WHIPPLE, PHILIP LIVINGSTON.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, 25th May, 1777.

Gentlemen,

Agreeable to what we mentioned in ours of March 14th and April 9th,[35] (a third copy of which we send herewith) Mr Lee tarried here some time after his return from Spain. No news arriving, (though we received letters from you,) of any commissioner being actually appointed for Prussia, and the necessity of a good understanding with that Court, in order to obtain speedily a port in the northern seas, appearing more and more, every day, on various occasions, he concluded with our approbation to set out for Berlin, which he did about a week since, and we have reason to hope good effects from that journey.

The points principally in view are (besides the acknowledgment of American Independency) an open port for German commerce, and the permission of fitting out armed vessels, to annoy the enemy's northern trade, and of bringing in and selling our prizes. If these points can be obtained, we are assured we might soon have a formidable squadron there, and accumulate seamen to a great amount. The want of such a free port appears, in the late instance of Captain Cunningham's arrest at Dunkirk, with the prizes he brought in. For though the fitting out may be covered and concealed, by various pretences, so as at least to be winked at by government here, because those pretences afford a good excuse for not preventing it; yet the bringing in of prizes by a vessel so fitted out, is so notorious an act, and so contrary to treaties, that if suffered, must occasion an immediate war. Cunningham will, however, through favor, be discharged with his vessel, as we are given to understand, but we must put up with the loss of the prizes, which being reclaimed will be restored.[36] This is an occasion of triumph to our enemies, which we must suffer them to enjoy for the present, assured as we are by the most substantial proofs of the friendship of this Court and of Spain, which we are persuaded will soon manifest itself to the whole world. The latter has already remitted to us a large sum of money, as you will see by Mr Lee's letters,[37] and continues to send cargoes of supplies, of which you have, herewith, sundry accounts. Many of these transactions are by some means or other known in England, which dares not resent them at present, but the opinion of an approaching war gains ground every day.

We are preparing the accoutrements you ordered for the horse, but they will take time. Had there been such in the magazines here, we might have possibly borrowed on condition of replacing them. Pistols, (four hundred and fifty pair) are already sent; the whole number will be forwarded as fast as they can be got ready. Colonel Forrester, an experienced officer of horse, has given us a specimen of complete accoutrements, which have been found best; the saddle is of a singular contrivance, very cheap, and easily made or repaired; and the buff belts so broad, that crossing on the breasts, they are good armor against the point of a sword, or a pistol bullet. We propose to have as many sets made with these saddles, as will mount a squadron, but shall omit saddles for the rest, as they will take up too much room in the vessels, and can soon be made with you. Colonel Forrester is highly recommended to us, and we believe will go over. Clothing for ten thousand men is now in hand, making for us by contract, and other proposed contracts are under consideration for the rest of the eighty thousand men ordered. We hope to have them with you before next winter, or that if all cannot be got, the cloth we have sent and are sending, will make up the deficiency.

The large brass cannon are not to be had here; we have been treating with a Swedish merchant about them, but find too many difficulties in getting them from that country; so that finally, understanding you have some founders with you, and that we can have others to go from hence, we conclude to send two artists in that way, with the metal, to cast the number wanted, omitting only the field pieces, of which we suppose you have by this time a number sufficient. Some large iron cannon are offered to us cheap, from Holland, of which we think to send a quantity, for though too heavy for the army, they may be of use for the navy, gallies, gondolas, &c.

We cannot omit repeating, as we think it a matter of the greatest importance, towards supporting the credit of your paper money, that you may rely on a punctual payment here of Congress bills, drawn on us for the discharge of the interest of the sums borrowed, that is to say, in the proportion of six Spanish dollars, or the value in French money, for every hundred borrowed in your paper. But as the offer of six per cent was made before you could know of this advantage to the borrower, perhaps you may on the knowledge and experience of it, be able to reduce the interest in future loans, to four per cent, and find some means by taxes, to pay off the six per cents.

Our treaty of commerce is not yet proceeded on, the plan of this Court appearing to be, not to have any transaction with us, that implies an acknowledgment of American Independency, while their peace continues with England. To make us more easy with this, they tell us, we enjoy all the advantages already, which we propose to obtain by such a treaty, and that we may depend on continuing to receive every indulgence in our trade, that is allowed to the most favored nations. Feeling ourselves assisted in other respects, cordially and essentially, we are the more readily induced to let them take their own time, and to avoid making ourselves troublesome by an unreasonable importunity. The interest of France and Spain, however, in securing our friendship and commerce, seems daily more and more generally understood here, and we have no doubt of finally obtaining the establishment of that commerce with all the formalities necessary.

We submit it to your consideration, whether it might not be well to employ some of your frigates in bringing your produce hither, ordering them after refreshing and refitting, to make a cruise in the northern seas, upon the Baltic and Hamburg trade, send their prizes home, north about, then return to France, and take in a loading of stores for America.

The Marquis de la Fayette, a young nobleman of great family connexions here, and great wealth, is gone to America in a ship of his own, accompanied by some officers of distinction, in order to serve in our armies. He is exceedingly beloved, and every body's good wishes attend him; we cannot but hope he may meet with such a reception as will make the country and his expedition agreeable to him. Those who censure it as imprudent in him do nevertheless applaud his spirit, and we are satisfied, that the civilities and respect, that may be shown him, will be serviceable to our affairs here, as pleasing not only to his powerful relations, and to the Court, but to the whole French nation. He has left a beautiful young wife, and for her sake particularly, we hope that his bravery and ardent desire to distinguish himself, will be a little restrained by the General's prudence, so as not to permit his being hazarded much, but on some important occasion.

We are very respectfully, &c.

B. FRANKLIN, SILAS DEANE.

P. S. We enclose a copy of Messrs Gardoqui's last letter.[38] We have received Mr Morris's of March 7th, 25th, and 28th, and are much obliged by the intelligence contained. We send a quantity of papers.

FOOTNOTES:

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, 26th May, 1777.

Gentlemen,

The navy of the United States, increasing in the number of its ships and force, it is of the utmost importance to direct the cruises of the ships of war, which belong either to the States or individuals, so as to annoy and alarm the enemy the most effectually, and at the same time, to encourage our brave officers and seamen, by the value of prizes. The West-India trade was so intercepted last season, that, besides endangering the credit of every West India house in England, and absolutely ruining many, it greatly helped towards sinking the revenues of Great Britain, which it was confidently asserted the other day in the House of Commons, and was not contradicted by the minister, had sunk the last year nearly one million below the usual incomes. This trade cannot be attacked the coming season to equal advantage, as it will not be by any degree so large, and will be armed and under convoy. But as the commerce of Great Britain is very extensive, good policy dictates, that we attack it in more than one sea, and on different coasts. The navy of Great Britain is not sufficiently numerous, to infest the whole coast of North America, and at the same time guard their own, much less protect and convoy their trade in different seas.

We have not the least doubt, but that two or three of the continental frigates, sent into the German ocean, with some less swift sailing cruisers, might intercept and seize great part of the Baltic and Northern trade, could they be in those seas by the middle of August at farthest, and the prizes will consist of articles of the utmost consequence to the States. One frigate would be sufficient to destroy the whole of the Greenland whale fishery, or take the Hudson Bay ships returning. In a word, they are unsuspicious and unguarded on that quarter, and the alarm, such an expedition would give, would raise the insurance in England at least twenty per cent; since Captain Cunningham's adventure occasioned ten per cent to be given on the packet boats, from Dover to Calais. Captain Cunningham being put in prison, and the prizes restored, they are again lulled into security; the whole western coast of England and Scotland, and indeed almost the whole of Ireland, is at this moment unguarded either by ships of war, or troops, except a few sloops or cutters, to watch smugglers.

We submit to the Congress the following plan; to send three frigates, loaded with tobacco, for Nantes or Bourdeaux, and that they be manned and commanded in the best possible manner. That on their arrival in either of the above rivers, they make but little appearance of strength, and endeavor to pass for common cruisers; while they are refitting, which should be in different ports, near each other, intelligence might be had of the position of the British fleet, and the circumstances of the different towns on the sea coast, and of the merchant ships in them; in consequence of which a blow might be struck that would alarm and shake Great Britain, and its credit, to the centre. The thought may appear bold and extravagant, yet we have seen as extraordinary events within these two years past, as that of carrying the war to our enemy's doors. As it appears extravagant, it will be in consequence unexpected by them, and the more easily executed. The burning or plundering of Liverpool, or Glasgow, would do us more essential service than a million of treasure, and much blood spent on the continent. It would raise our reputation to the highest pitch, and lessen in the same degree that of our enemy's. We are confident it is practicable, and with very little danger, but times may alter with the arrival of the frigates, yet in that case their cruise on this coast bids fairer to be profitable than any other, and they may at least carry back in safety many of the stores wanted, which is a most capital object, should the other be laid aside.

Every day's experience confirms to us, what is pointed out indeed by nature itself, the necessity of rendering America independent, in every sense of the word. The present glorious, though trying contest, will do more to render this independence fixed and certain, if circumstances are seasonably improved, than would otherwise have been effected in an age. The manufacturing of any one necessary article among ourselves, is like breaking one link of the chains, which have heretofore bound the two worlds together, and which our artful enemies had, under the mask of friendship, been long winding round and round us, and binding fast. Thus, as founderies for cannon, iron as well as brass, are erecting, if they are at once erected large enough to cast of any size, we may in future be easy on that important article, and independent on the caprice, or interest, of our pretended friends for a supply; and to forward this we shall take the liberty of sending over some of the most skilful founders we can meet with.

The jealousy which reigns among the maritime powers of Europe, with their narrow, weak, and contemptible system of politics, prevents our being able to procure ships of war; to remedy which, you have with you timber, iron, and workmen, and we must send you over sailcloth and cordage, as fast as we can. The importance of having a considerable naval force, is too obvious, to need our saying more than, that we conceive no apparent difficulty or obstruction ought to deter us from pushing it forward to the utmost of our power. We have sent you by a former conveyance a plan of a frigate on a new construction, and now send you the duplicate, which we submit to the judgment of those better skilled than we pretend to be in naval affairs, but imagine that on our coast, and perhaps anywhere, ships constructed in some such manner may be as formidable as those of seventyfour guns, and it is certain they will cost us less. The vessel building in Amsterdam is on this plan, which we hope will be in readiness for service this fall or autumn.

We are, with the utmost respect, &c.

B. FRANKLIN, S. DEANE.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

Philadelphia, May 30th, 1777.

Gentlemen,

We have delayed sending this packet, from a daily expectation of hearing from you, as some letters from France make mention of a quick sailing vessel, by which we were to receive despatches. Though it must be agreeable to you to hear frequently from us, yet as our letters by being taken might be of worse consequence than being delayed, we are desirous of waiting for the safest opportunity, and when you hear not so often as you wish, remember our silence means our safety. Acquainted as we are, with the situation and condition of the enemy, we well know, that the pompous paragraphs in the London papers are not the news, which the Ministry hear from their army; but the news they make for them.

The Amphitrite has arrived in Portsmouth, New Hampshire; and the Seine at Martinique, but she is made a prize of, in her passage from thence. We request you to expedite the loan of two millions, (which we have already sent you a commission for, and now send you a duplicate of the same) for though we conceive the credit of America to be as well founded at least as any in the world, having neither debt nor taxes when she began the war, yet she is like a man who, with a large capital all in property, is unable to make any new purchases, till he can either convert some of it into specie, or borrow in the mean time. Britain is now fighting us, and the greatest part of Europe negatively, by endeavoring to stop that trade from us to France, Spain, &c. which she has most effectually lost to herself, and we wish those Courts saw their interest in the same clear point of view in which it appears to us. We have little or no doubt of being able to reduce the enemy by land, and we likewise believe that the united powers of France, Spain, and America would be able to expel the British fleet from the western seas, by which the communication for trade would be opened, the number of interests reduced which have hitherto distracted the West Indies, and consequently the peace of all this side of the globe put on a better foundation than it has hitherto been; a mutual advantage, as we conceive, to France, Spain, and these States.

That Britain was formidable last war, in the West Indies, is true, but when it is considered that her power there arose from her possessions here, or that she was formidable chiefly through us, it is impossible to suppose that she can again arrive at the same pitch of power. Here she was assisted by numberless privateers. Here she supplied and partly manned her fleet; recruited, and almost raised her army, for that service; in short, America in the last war represented Britain removed to this side of the Atlantic. The scene is changed, and America now is that to France and Spain in point of advantages, which she was the last war to Britain. Therefore, putting the convenience, which we might receive, out of the question, by their making an attack on the West Indies, we are somewhat surprised, that such politic Courts as France and Spain, should hesitate on a measure so alluring and practicable. We do not mention these remarks, because we suppose they do not occur to you, but to let you know our thoughts on the matter, and to give you every advantage, by conveying our minds to you, as well as our instructions and informations.

This packet takes complete sets of our public paper, filed in order, for seventeen weeks past.

B. HARRISON, R. MORRIS, T. HAYWARD, JAMES LOVELL.

TO JOHN JAY.

Dunkirk,[39] 2d June, 1777.

Dear Sir,

We refer the committee to ours to you of the 26th ult. of which we sent duplicates, should either arrive, but apprehensive of the contrary, we send you the substance in this. The British commerce in Europe, especially in the north, is unguarded, the Greenland whale fishery and the Hudson Bay ships in particular. Could two or three of our frigates, accompanied by less swift sailing cruisers, get into those seas in the months of August, or September, a valuable part of the commerce of our enemies might be interrupted.

As tobacco, rice, &c. are in great demand in France, and remittances wanted, we submit to the Congress the sending out some of their frigates loaded with these articles for Nantes, or Bourdeaux, and whilst their cargoes were disposed of, they might refresh themselves, and make a cruise against the enemy. The coast of England to the west is unguarded, either by land or sea. The frigates, capable of landing five hundred men, might destroy several of their towns, which would alarm and shake the nation to the centre, whilst the ships might fly and take refuge in the ports of France or Spain; but suppose the worst, that they are intercepted in their retreat, the inevitable consequences of so bold an attempt will be sufficiently injurious to justify the measure. But this must be done by a coup de main, and there can be no great apprehension of any difficulty in retreating, since, by means of the daily intercourse between the two kingdoms, we might know the exact situations of the British fleet and commerce in the different ports, and never attempt until we had a fixed object in view, and were masters of every circumstance.

The ship, building at Amsterdam, will be near as strong as a seventyfour, and may join the squadron in the months of February or March. The East India fleet will be returning to St Helens, and there waiting for a convoy, which is a single man of war. Three frigates on that station might effect a prodigious affair, and if they first come to Europe, as in the course of trade, it would be much less suspected, as they might set out from a harbor here, and not be supposed for any other route, but that of going directly for America. We have no more to add, than that four thousand Hanoverians are on their march for Stade to embark for America.

We are, &c.

B. FRANKLIN, SILAS DEANE.

FOOTNOTES:

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

Philadelphia, June 13th, 1777.

Gentlemen,

Though the despatches prepared some time since are not gone, we think it best to write you again, and give you an exact account of the situation of our army and military affairs to this time. You were formerly made acquainted, that, immediately after the important victory at Trenton, on the 3rd of January, General Washington took post at Morristown, which appears to have been a well chosen situation.

From thence, sending out detachments of his army, he speedily drove the enemy from Hackensack, Chatham, Springfield, Westfield, and Elizabethtown, all which places we have possessed ever since that time, as well as Millstone and Princeton to the west, and Cranbury to the south; the enemy being confined to a narrow communication on Rariton River, from Brunswick to Amboy, twelve miles. About ten days ago General Washington moved his head quarters towards the enemy, to a place called Middlebrook, about eight miles from Brunswick. He has now called in most of his outposts, and the enemy has done the same, being chiefly collected about Brunswick, and just upon the eve of some movement, which is generally supposed to be intended against this place. We are taking every measure to disappoint them, and have good hopes, in dependence on divine Providence, as our army has been augmenting daily for these three months past. It is given out, that the enemy intend to come up the Delaware Bay with their ships, as well as by land, through the Jerseys. It is probable, that before the vessel sails we shall have something to add on this subject.

In the northern department, things are yet entirely quiet. We have a pretty strong body at Ticonderoga. Small parties of the enemy were up the lake lately, a considerable way, but are gone again, and there is no appearance of any important motion soon. Whether this is owing to their not being ready, or to a change in their plans, and the army in Canada being ordered round to reinforce General Howe, as some late reports would make us believe, it is impossible to say with certainty.

A third body of our forces is at Peekskill, upon Hudson River, to defend the passes towards Albany, and be ready to fall down upon New York, in case the greater part of the enemy's army should be drawn from that place. The convention of that State has issued an act of indemnity, to encourage those who had been seduced to join the enemy to return, which has had a very happy effect. Upon the whole, our affairs wear as favorable an aspect as at any time, since the beginning of the war. And the unanimity of all ranks, in the different States, in support of our independence, is greater than at any preceding period. The arbitrary conduct, and the barbarity and cruelty of the enemy, for the twentysix days that they possessed a considerable part of New Jersey, have been of service to our cause. See, upon this subject, the report of a committee of Congress, with the proofs in the newspapers, which you may safely assure any person is a just and true, but very imperfect, sample of their proceedings.

BENJAMIN HARRISON, ROBERT MORRIS, THOMAS HAYWARD, JAMES LOVELL.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

Philadelphia, June 18th, 1777.

Gentlemen,

In this we send you an account of the most material matters, which have happened in the military department.

The enemy, about ten weeks ago, sent a large party, and destroyed some continental stores at Peekskill, the value not great, and retreated immediately after. They afterwards made an attempt to surprise Major General Lincoln, at Bound Brook, which he vigilantly escaped, with the loss of about sixty men. Mr Tryon, who is made a Major General, was sent with about 2200 men to destroy the stores at Danbury, in Connecticut. Notice was received time enough to remove the most valuable part, while Generals Arnold and Wooster raised the militia, and attacked the enemy on their retreat with good success. The New York paper, which may be considered as General Howe's Gazette, makes their loss in killed and wounded 104. We may give them credit for twice the number. The loss we sustained in stores was chiefly in salt provisions and rum, and we had the satisfaction of learning, that the cargoes of the prizes brought in the same week amounted to double the quantity lost. General Wooster, who behaved gallantly, was mortally wounded, and is since dead.

Scarce a week has passed without skirmishing, in which we have been very fortunate. General Washington has removed from Morristown, to some advantageous ground near Bound Brook and Middle Brook, within eight miles of Brunswick, and the following is a regular state of the intelligence received here since the 11th inst.

June 11th.—At a meeting in the State House yard, General Mifflin, despatched for that purpose from General Washington, informed the inhabitants, that from the late preparations of the enemy, he had reason to believe their design was, by a forced march, to endeavor to possess themselves of Philadelphia; it was then proposed and unanimously assented to, to turn out agreeably to the militia law.

12th.—A letter from General Sullivan, at Princeton, received about nine this evening, informed that the enemy at Brunswick had begun to move the preceding night, but was prevented by the heavy rain.

13th.—The alarm gun in this city fired at three this morning, answering the alarm guns up the river. Several letters, by express from Bristol, mention the hearing alarm guns towards Trenton and Princeton, but that no express has arrived there from General Sullivan at Princeton.

14th.—An express from General Arnold, at Trenton, informed that the enemy had moved on the 13th, in the night from Brunswick, that General Sullivan had likewise moved from Princeton to some part of Rocky Hill, with an intention to harrass the march of the enemy, and thereby favor the approach of General Washington on their rear, and that of the troops from Philadelphia.

15th.—An express from General Arnold, dated Trenton 14th, at six o'clock, received here at half past five this morning, says, that he had waited six hours, hoping to hear from General Sullivan, but had not; that he should immediately set off for Coryel's Ferry; that the reports of the country were, that the enemy were marching rapidly towards that place, and, that General Sullivan was about two miles ahead of them, on the same road.

Coryel's Ferry is the place where our boats were stationed sufficient to transport 3000 men at a time.

Another letter from General Arnold, dated Coryel's Ferry, 14th, 9 o'clock, P. M. received here at 9 this morning, says, that General Sullivan, arrived at that place about 4 o'clock, and had with him 1600 continental troops, and about the same number of Jersey militia making up the number already there about 4000; that the Jersey militia were turning out very spiritedly, and that he expected to be 5000 strong by the next day, when he should march towards the enemy, who had encamped at Somerset Court House, eight miles from Brunswick; that General Washington continued at his quarters near Middle Brook, eight miles in the rear of the enemy, who were about 7000.

16th.—The above makes up the chain of intelligence, to General Arnold's fourth letter, which was received here this morning, and is printed in the papers of the 17th and 18th inst., to which we refer you.

From various quarters lately we have reports, but none sufficient to depend on, that the enemy will receive no reinforcement from Europe, and likewise that a war with France is inevitable.

General Burgoyne is said to be arrived at Quebec with troops.

We have seen a memorial, presented to the States-General by Sir Joseph Yorke, and two answers thereto, the one, "that they had no account to render to him of their conduct," the other, that "there are no gates to the Hague."

We are, gentlemen, yours, &c.

B. HARRISON, R. MORRIS, T. HAYWARD, J. LOVELL.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

Philadelphia, June 26th, 1777.

Gentlemen,

Since our last, of the 8th inst., in which you were informed of the enemy being encamped at Somerset Court House, eight miles from Brunswick, we have the pleasure of acquainting you, that on the 19th, at night, they made a precipitate retreat therefrom to the last mentioned place, and on the 22d decamped again, and wholly evacuated Brunswick, and retreated to Amboy. For particulars, we refer you to General Washington's letter to Congress, printed in the newspapers of the 25th inst.

We are unable to account for those movements of General Howe, on any other grounds than the following; viz. that his march from Brunswick to Somerset afforded him an opportunity of trying the disposition of the States of New Jersey and Pennsylvania, and finding that the militia of both States were turning vigorously out to support our army, he might reasonably conclude from thence, that his situation in the Jerseys was too dangerous to be continued, and therefore decamped to Amboy, from whence he might, by his bridge of boats, intended for the Delaware, throw himself into a safe retreat on Staten Island. We give you circumstances as they are, with such natural inferences therefrom as our situation and knowledge of things enable us to draw.

The memorial, presented by Sir Joseph Yorke to the States-General, mentioned in ours, of June 18th, you will find in the newspapers of the 11th inst. The said memorial does not come sufficiently authenticated to us, to give you any particular instructions respecting your conduct thereon, but as the progress of friendship depends much on the improvement of accidents and little circumstances, we doubt not you will be attentive to the conduct of the States-General at all times, and let us know whenever it appears to you that a commissioner from Congress would be favorably received there.

B. HARRISON, R. MORRIS, T. HAYWARD, J. LOVELL.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

Philadelphia, July 2d, 1777.

Gentlemen,

Since our last of the 26th ult. which mentions the enemy being retreated to Amboy, we have to inform you, that General Washington dismissed the Jersey militia, except about 2000, and likewise countermanded the reinforcement of 3000 men from General Putman's Division, at Peekskill. We suppose General Howe to be apprized of these circumstances, as he immediately after returned with his whole force from Amboy, and made an attempt to cut off a Division of our army under General Sterling, but without success. For particulars we refer you to General Washington's letters, in the newspapers of the 3d inst.

A letter from General Washington, just received, informs us, that the enemy have totally evacuated the Jerseys, and are retreated to their last year's quarters on Staten Island.

We enclose to you commissions and instructions for Ralph Izard and William Lee; the first, appointed commissioner to the Court of Tuscany, and the latter to the Courts of Vienna and Berlin. Their instructions are so intimately connected with your own, that we have thought proper to send them open to your confidential care, that you may give information to the gentlemen, and take every due step to forward the execution of the intention of Congress.

B. HARRISON, R. MORRIS, T. HAYWARD, J. LOVELL.

COUNT DE VERGENNES TO THE COMMISSIONERS.

Translation.

Versailles, 16th July, 1777.

Gentlemen,

You cannot forget, that at the first conversation I had with both of you, I assured you, that you should enjoy in France, with respect to your persons, every security and comfort, which we showed to foreigners; and as to your commerce and navigation, we would grant every facility compatible with the exact observation of our treaties with England, which the king's principles would induce him religiously to fulfil. In order to prevent every doubt, with respect to the vessels that may participate in the favors, which we grant in our ports to nations in amity, I pointed out to you the article of the treaty, which forbids the power of allowing privateers free access into our ports, unless through pressing necessity, as also with respect to the deposit and sale of their prizes. You promised, gentlemen, to conform thereto.

After so particular an explanation, we did not press the departure of the ship Reprisal, which brought Mr Franklin to France, because we were assured it was destined to return with merchandise. We had quite lost sight of this vessel, and imagined she was in the American seas, when, with great surprise, we understood that she had entered L'Orient, after taking several prizes. Orders were immediately given, that she should depart in twentyfour hours, and to conduct her prizes to the only admiralties, that were authorised to judge of their validity. Captain Wickes complained of a leak. Being visited by proper officers, his allegation was found to be legal, and admissible, the necessary repairs were permitted, and he was enjoined to put to sea again.

After such repeated advertisements, the motives of which you have been informed of, we had no reason to expect, gentlemen, that the said Mr Wickes would prosecute his cruising in the European seas, and we could not be otherwise than greatly surprised, that, after having associated with the privateers, the Lexington and Dolphin, to infest the English coasts, they should all three of them come for refuge into our ports. You are too well informed, gentlemen, and too penetrating, not to see how this conduct affects the dignity of the king, my master, at the same time it offends the neutrality, which His Majesty professes. I expect, therefore, from your equity, that you will be the first to condemn a conduct so opposite to the duties of hospitality and decency. The king cannot dissemble it, and it is by his express order, gentlemen, that I acquaint you, that orders have been sent to the ports, in which the said privateers have entered, to sequester, and detain them, until sufficient security can be obtained, that they shall return directly to their country, and not expose themselves, by new acts of hostility, to the necessity of seeking an asylum in our ports.

As to the prizes they may have taken, if they have brought them into our ports, they have orders to go out immediately, and the same conduct shall be observed towards any capture of any nation whatever. Such are the obligations of our treaties, conformable to our marine ordinances, which the king cannot by any means evade. It will be highly proper for you to make these intentions known, wherever you may think it most expedient, so that new privateers, from the example of the misconduct of those against whom we are obliged to be rigorous, may not expose themselves to the like embarrassments.

What I have the honor to inform you, gentlemen, of the king's disposition, by no means changes the assurances which I have been authorised to make you, at the time of your arrival, and which I again renew, for the security of your residence, and of all such of your nation whom it may suit to reside among us, as well as with respect to the commerce allowed of, which will meet with every facility on our part, that our laws and usages will permit.

I have the honor to be, &c.

DE VERGENNES.

TO COUNT DE VERGENNES.

Paris, 17th July, 1777.

Sir,

We are very sensible of the protection afforded to us, and to our commerce, since our residence in this kingdom, agreeable to the goodness of the king's gracious intentions, and to the law of nations; and it gives us real and great concern, when any vessels of war appertaining to America, either through ignorance or inattention, do any thing that may offend His Majesty, in the smallest degree. The Captains Wickes, Nicholson, and Johnson, have excused to us their returning to France, being chased into the channel, and close to your ports, by English men of war, of the truth of which we have no doubt, the Reprisal, particularly, having been obliged to throw her guns overboard, to facilitate her escape.

We had, some days before we were honored by your Excellency's letter, despatched by an express the most positive orders to them, to depart directly to America, which they are accordingly preparing to do, as your Excellency will see by the letter enclosed, which we have just received by the return of that express. We shall communicate His Majesty's orders to our friends residing in your ports, and acquaint the Congress with the same, to the end, that our armed vessels may be warned of the consequence that must attend an infringement of them. We doubt not but they will be henceforth strictly attended to; and we are willing and ready to give any security your Excellency may judge sufficient and reasonable, that, after being fitted and provisioned for so long a voyage, these vessels shall proceed directly to America, without making any other cruise on the coasts of England. We are thankful for the repeated assurances of His Majesty's protection continued to us, and such of our nation as may reside in France, and for the facilities indulged to our commerce, at this critical conjuncture, which will always be remembered in our country, with gratitude and affection.

We have the honor to be, &c.

B. FRANKLIN, SILAS DEANE.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

Philadelphia, August 7th, 1777.

Gentlemen,

Enclosed are duplicates of commissions and instructions for William Lee and Ralph Izard, and triplicates of our former despatches.

Since our last, of July 3d, various circumstances have happened in the military department, many of which are so intricate and unfinished, as not to enable us to draw any just conclusions from them.

Immediately after the unsuccessful attempt made by General Howe, June 26th, to cut off a detachment of our army, under General Sterling, as mentioned in our last, the whole body of the enemy retreated to Staten Island, embarked on board their fleet, and on the 23d of July put to sea; on the 27th, they appeared off the Capes of Delaware. General Washington, with the army, arrived at Germantown on the 29th. On the 31st, the enemy's fleet stood out to sea. They made a second appearance at the Capes, since which we have had no account of them. As this packet goes from the eastward, you will probably be furnished with something further from that quarter.

Our worst news is, that we have lost Ticonderoga, whether by neglect or necessity, cowardice or good conduct, will appear hereafter. Congress have ordered General Gates to that department, and have directed Generals Schuyler and St Clair to appear at head quarters, that an inquiry may be made into their conduct, and the circumstances of this mysterious affair. In the papers of July 16th, 23d, August 5th and 6th, you have Generals Schuyler's and St Clair's letters, and the resolves of Congress. We have been fortunate enough to take, and so unfortunate as to lose again, the Fox frigate. She was taken by the Captains Manly and McNeil, but two heavy English ships being in sight when she struck, she was afterwards retaken by them.

Major General Prescott, who commanded the enemy's forces at Rhode Island, was seized and made prisoner by a small party under Lieutenant Colonel Barton, as you may see by General Washington's letter to Congress, printed July 23d. The Congress have presented Colonel Barton with a sword, and likewise Lieutenant Colonel Meigs with another; this officer having performed a gallant exploit on Long Island, bringing off nearly a hundred prisoners, and destroying a large quantity of forage.

Were it not for the Ticonderoga affair, we should have nothing but good news to communicate; and even that may turn out in the end a lucky circumstance to the general cause, as did the attempt of the enemy to march through the Jerseys last winter. We have a fine healthy army, anxious for nothing so much as to meet their foes. Surely it must appear very ridiculous in Europe that General Howe should be thus shunning the army he came out to conquer, and wasting his time in cruising upon the coast with his whole fleet, at this hot season of the year, when the ministry in England, and perhaps Lord Stormont at Paris, have given out that he has penetrated a hundred miles or more into the country.

We are, with great regard, gentlemen,

Your most humble servants,

BENJAMIN HARRISON, ROBERT MORRIS, JAMES LOVELL.

TO COUNT DE VERGENNES.

Versailles, August 12th, 1777.

Sir,

We understand, with great surprise, that one of our countrymen, Mr Hodge, a merchant of Philadelphia, is apprehended at Paris, with all his papers, and carried away by the officers of police.

As Mr Hodge is a person of character, connected with the best houses in our country, and employed here by a committee of Congress to purchase goods, we cannot conceive him capable of any wilful offence against the laws of this nation. Our personal regard for him, as well as the duty of our station, obliges us to interest ourselves in his behalf, and to request, as we do most earnestly, that he may be immediately restored to us.

We have the honor to be, &c.

B. FRANKLIN, SILAS DEANE, ARTHUR LEE.

Messrs Franklin and Deane's Contract with M. Holker.

We the undersigned acknowledge that we have authorised M. Holker to treat with Messrs Sabatier & Despres, for five thousand coats, waistcoats, and breeches, of which, two thousand five hundred coats are to be blue, and two thousand five hundred brown, with facings, linings, and collars of red, the waistcoats and breeches to be white, agreeably to the present treaty, and to the same clauses and conditions therein stipulated. Done at Paris, the 15th of August, 1777.

B. FRANKLIN, SILAS DEANE.

The present contract done and signed in duplicates to be faithfully executed on both sides, agreeably to its tenor and form. Paris, 6th of August, 1777.

MONTIEU. SILAS DEANE, for B. Franklin and self.

Amount of sundry Articles of Merchandise mentioned in the above Contracts;

6000 coats, complete, at 37 livres ea. 222,000

12000 pair woollen stockings, 30 pr. doz. 30,000

100,000 lbs. of copper, 27 pr. lb. 135,000

22,000 " sheet copper and nails, 33 pr. lb. 36,300

20,000 " English tin, 17 the c't w't 17,000

4 million flints, 4 pr. 100 16,000

456,300

Sum total, four hundred fifty six thousand three hundred livres, errors and omissions excepted.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Passy, 8th September, 1777.

Gentlemen,

It is long since we had a line from you, the last received being of the date of ——, we suppose from the same causes which have occasioned your hearing so seldom from us, the difficulty of finding safe conveyances, and sometimes the loss of the despatches by the way. Mr Lee informs you, we suppose, of his negotiations in Prussia, and his safe return hither. There appears in that, as well as in every other country in Europe, a disposition to share in our commerce, and to oblige us as far as may be done without offending England. We have numbers of letters from eminent houses there, proposing to furnish us with a variety of commodities, at reasonable rates, to be received by us in Europe, and paid for here. We advise them to send their goods in their own ships, and protect their own trade to and from our coasts.

We enclose you a copy of the memorial[40] we sent to Portugal, to which we have yet received no answer. That Court has been lately much employed in adjusting its differences with Spain, which it is said are now nearly all accommodated, and that they will accede to the family compact.

This Court continues the same conduct that it has held ever since our arrival. It professes to England a resolution to observe all treaties, and proves it by restoring prizes too openly brought into their ports, imprisoning such persons as are found to be concerned in fitting out armed vessels against England from France, warning frequently those from America to depart, and repeating orders against the exportation of warlike stores. To us it privately professes a real friendship, wishes success to our cause, winks at the supplies we obtain here, as much as it can without giving open grounds of complaint to England, privately affords us very essential aids, and goes on preparing for war. How long these two parts will continue to be acted at the same time, and which will finally predominate, may be a question. As it is the true interest of France to prevent our being annexed to Britain, that so the British power may be diminished, and the French commerce augmented, we are inclined to believe the sincerity is towards us, more especially as the united bent of the nation is manifestly in our favor; their not having yet commenced a war is accounted for by various reasons. The treaties subsisting among the powers of Europe, by which they are obliged to aid those attacked more than those attacking, which it is supposed will make some difference, the not being fully prepared, the absence of their seamen in their fishery and West Indies, and the treasure expected from New Spain, with the sugars from the Islands, have all, it is said, contributed to restrain the national desire of a breach with England, in which her troublesome power may be reduced, the wealth and strength of France increased, and some satisfaction obtained for the injuries received, in the unfair commencement of the last war.

England too is extremely exasperated at the sight of her lost commerce enjoyed by France, the favor our armed vessels have met with here, and the distress of their remaining trade, by our cruisers, even on their own coasts; and yet she seems afraid of beginning a war with this country and Spain together, while she has our war upon her hands. In such a situation, some accident may probably bring on a war, sooner than is desired by either party. In the mean time, perhaps the delay may have this good effect for us, that enjoying the whole harvest of plunder upon the British commerce, which otherwise France and Spain would divide with us, our infant naval power finds such plentiful nourishment, as has increased, and must increase its growth and strength most marvellously.

It gave us great joy to hear of the arrival of the Mercury, Amphitrite, and other vessels carrying supplies. Another ship, with a similar cargo, which had long been detained at Marseilles, we hope will soon arrive with you. We hope, also, that you will receive between twenty and thirty thousand suits of clothes, before winter, and from time to time quantities of new and good arms, which we are purchasing in different parts of Europe. But we must desire you to remember, that we are hitherto disappointed in your promises of remittance, either by the difficulties you find in shipping, or by captures, and that though far short of completing your orders, we are in danger of being greatly embarrassed by debts, in failing in performance of our contracts, and losing our credit with that of the Congress; for though we have received three quarterly payments of the two millions of livres, formerly mentioned to you, and expect the last next month, our contracts go beyond, and we must reserve the continuance of that aid, for the purpose it was promised, to answer your drafts for interest, if that proposal of ours has been adopted. Particularly we beg you will attend to the affair of tobacco for the Farmers-General, with whom we have contracted to supply five thousand hogsheads of tobacco, for which they have advanced us one million of livres, in ready money, and are to pay the rest on delivery, as we formerly advised you. Your vigorous exertions in these matters are the more necessary, as during the apparent, or supposed uncertainty of our affairs, the loan we were directed to obtain of two millions sterling has hitherto been judged impracticable.

But if the present campaign should end favorably for us, perhaps we may be able to accomplish it another year, as some jealousy begins to be entertained of the English funds by the Dutch, and other monied people of Europe, to the increase of which jealousy, we hope a paper[41] we have drawn up, (a copy whereof we enclose) may in some degree contribute when made public.

Mr Deane has written fully to you on the effect our cruisers have had on the coast and commerce of Britain, which makes our saying much on that head unnecessary.[42] We cannot, however, omit this opportunity of expressing our satisfaction in the conduct of the Captains, and of recommending them warmly to Congress. The ostensible letter and answer from and to the Minister of Foreign Affairs, copies of which we enclose,[43] will show the conduct which the Court has thought, and thinks itself at present obliged to hold with regard to our cruisers and their prizes, of which it seems fit some notice should be given to the several States. As the English goods cannot in foreign markets face those of the French or Dutch, loaded as they are with the high insurance from which their competitors are exempted, it is certain the trade of Britain must diminish while she is at war with us, and the rest of Europe in peace. To evade this mischief, she now begins to make use of French bottoms; but as we have yet no treaty with France, or any other power that gives to free ships the privilege of making free goods, we may weaken that project, by taking the goods of the enemy wherever we find them, paying the freight. And it is imagined that the Captains of the vessels so freighted may, by a little encouragement, be prevailed on to facilitate the necessary discovery.

Spain not having yet resolved to receive a minister from the Congress, Mr Franklin still remains here. She has, however, afforded the aids we formerly mentioned, and supplies of various articles have continued till lately to be sent consigned to Mr Gerry, much of which we hear has safely arrived. We shall use our best endeavors to obtain a continuance and increase of those aids.

You will excuse our mentioning to you, that our expenses here are necessarily very great, though we live with as much frugality as our public character will permit. Americans, who escape from English prisons, destitute of every thing, and others who need assistance, are continually calling upon us for it, and our funds are very uncertain, having yet received but about 64,571 livres, of what was allotted for our support by Congress.

With the greatest respect, we have the honor to be, &c.

B. FRANKLIN, SILAS DEANE, ARTHUR LEE.

FOOTNOTES:

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

Yorktown, 6th October, 1777.

Gentlemen,

Since ours to you, by return of the packet from New Hampshire, and duplicates by Mr McCreary, from Maryland, we have not written, nor have we received any of your favors during the last two months, except a letter of old date, (April 19th) signed by Messrs Deane and Lee. Captain Hammond being not yet arrived, although he sailed in April, it is too probable that he has fallen into the enemy's hands, or miscarried at sea.

Two reasons have prevented us from writing hitherto; because from your assurances we had cause to expect a monthly packet, and because the progressive state of the war gave us reason to look for some more decisive event daily, than had happened, and which might warrant the expense of sending a particular packet, as the casual conveyance by merchant vessels is almost entirely stopped by the number and vigilance of the enemy's cruisers.

We shall now give you an accurate detail of the war in the northern and middle departments, where alone it has raged since our last. You were before apprized of the evacuation of Ticonderoga, and of the retreat of our army from thence towards Albany. General Burgoyne was rapid in pursuit of his successes, and pressed quickly on towards fort Edward, upon Hudson's river, about twenty miles above Albany. Here his progress was interrupted by the American army, being halted and reinforced a little below him. This circumstance, with the following events, have continued that interruption, and bid fair to render abortive, at least, the great advantages expected by our enemies from their first successes on the lakes.

The better to effect his purpose, General Burgoyne had detached General St Leger with a body of regular troops, Canadians and Indians, by the Oneida Lake and Wood Creek, to take fort Schuyler, (formerly Stanwix) and to make an impression along the Mohawk river. This part of his plan has been totally defeated by the bravery of General Herkimer, with the Tryon county militia, and by the gallant defence of fort Schuyler, by Colonel Gansevoort and Lieutenant Colonel Willet. The former of these met the enemy in the field, defeated them, and killed a great number of their Indian allies. This defeat being obtained by militia, they dispersed as usual, and left the enemy to collect and lay siege to fort Schuyler, which was defended with great gallantry by the two officers above mentioned, until the approach of General Arnold, with a body of troops, occasioned the enemy to raise the siege of that fortress and retreat with great precipitation, leaving their baggage, ammunition, provisions, and some of their artillery, which fell into our hands. Another body of troops was detached by General Burgoyne, under command of Lieutenant Colonel Baum, to the eastward, for the purpose of collecting horses to mount the troopers, provisions, and teams, for the use of the army. This detachment was met, attacked, and defeated by the brave General Stark, and the New Hampshire militia, at a place called Bennington, and now rendered famous by the total overthrow of fifteen hundred regular troops, (posted behind works fortified with cannon,) by two thousand militia.

The two wings of General Burgoyne being thus cut off, his body remained inactive until the 19th of last month, when he moved on to attack General Gates, who commands the northern army, and who was well posted at Behmus's Heights. The consequence of this attack, you will see related by General Gates himself, among the enclosed papers, as well as the account of our successes in the rear of the enemy, on the lakes George and Champlain, by Colonel Brown, who had been detached by General Lincoln, who is also in General Burgoyne's rear, with a strong body of troops. Surrounded, as it is on all sides, with little prospect of safe retreat, and a strong army in front, growing stronger every day by reinforcements, we hope, ere long, to give you information of definitive success over the British army in that quarter. An Aid of General Gates, who brought us these last accounts, says, that by the concurring testimony of prisoners, deserters, and some of our own people, who escaped from the enemy, their loss could not be less than one thousand, or twelve hundred men, in killed, wounded, and missing; and that General Burgoyne himself was wounded in the shoulder by a rifle ball.

In the middle department, the war has been less favorable to us, as you will see by what follows. About the middle of August, the British fleet appeared in the Chesapeake Bay, and landed General Howe's army at the head of Elk, about fifty miles from Philadelphia. General Washington's army, which had crossed the Delaware on the embarkation of the British troops, and the appearance of the fleet off the Capes of that river, now proceeded to meet the enemy, and came up with them near Wilmington. After various skirmishes and manœuvres, a general engagement took place at Chad's Ford, over the Brandywine, on the 11th of September last. This battle terminated in our leaving the enemy in possession of the field, with nine pieces of our artillery. Our loss in killed, wounded, and missing, did not exceed six hundred; that of the enemy, as far as we have been able to get information, was near two thousand. An orderly, taken from them since the battle, makes it nineteen hundred.[44]

General Washington retreated across the Schuylkill, and, having refreshed his army, recrossed that river in two days after the former battle, with design to attack the enemy, who remained close by the field of action until he came up with them again. To be the better prepared for battle, and to be guarded against the consequences of defeat, our army marched without baggage, and left their tents behind. In this situation, and just in the moment of beginning an attack upon the enemy, a heavy, long continued, and cold rain, with high wind, came on and prevented it. The ammunition in the cartridge boxes was all rendered unfit for use, the arms injured, and the troops a good deal hurt and dispirited.

In this state of things, it became necessary to retire from before the enemy to a place of safety, in order to clean the arms, replace the cartridges, and refresh the men. The enemy were also without tents; but they have good blankets, are better clothed, and have tin receptacles for keeping dry their cartridges. General Howe, judging of our situation, put his army in motion, and endeavored to harrass and distress us, by marches, countermarches, and frequent shows of designing to give battle. After a variety of manœuvres, the enemy crossed the Schuylkill below our army, and marching to Philadelphia, have possessed themselves of that city. General Washington, having refreshed his men, and being reinforced, is moving now towards the enemy. This unfortunate rain has injured our affairs considerably, by having thrown a number of our men into hospitals, and by the distress and harrassment of the army, consequent thereupon. However, they are recovering again, and we hope before long will give General Howe reason to repent his possession of Philadelphia. The real injury to America, from the enemy's possession of that city, is not so great as some are apt at first view to imagine, unless the report and misconceptions of this matter in Europe, should too much dispirit our friends and inspirit our enemies. But we rely on your careful and just representation of this matter, to prevent the ill impressions which it may otherwise make. When this contest first began, we foresaw the probability of losing our great towns on the water, and so expressly told our enemies, in the address of the first Congress; but we are blessed with an extensive sea coast, by which we can convey and receive benefits independent of any particular spot. But it is very far from being a clear point to us, that the enemy will be able to hold Philadelphia, as we are yet masters of the Delaware below, and have hopes of keeping it, so as to prevent the British fleet from getting up to the city. Should this be the case, General Howe's visit cannot be of long duration.

You say that the vessels of the United States will be received at the Havanna, as those of France, the most favored nation. We wish to be exactly informed whether North American products may be carried thither, or prizes be taken to, and disposed of, in that port, or any other ports of his Catholic Majesty in America. You likewise mention a late draught of the Mississippi, taken for the government of Great Britain; we are desirous of being furnished with a copy. It is with pleasure we read your assurance of sending the soldiers' clothing, and other materials for the army, in time to meet the approaching cold season; they will be greatly wanted.

As the small successes the enemy have met with this year will probably support the hopes of a vindictive Court, and occasion the straining of every nerve for the accomplishment of its tyrannic views, we doubt not your most strenuous exertions to prevent Great Britain from obtaining Russian or German auxiliaries for the next campaign; and we think, with you, that it is an object of the greatest importance to cultivate and secure the friendship of his Prussian Majesty, as well for the preventing this evil, as for obtaining his public recognition of our independence, and leave of his ports for the purposes of commerce, and disposal of prizes.

The original papers, which you mention, in a triplicate, to have sent, never came to hand; so that we can only make conjectures as to the disposition of that monarch. The marine force of the enemy is so considerable in these seas, and so over proportionate to our infant navy, that it seems quite necessary and wise to send our ships to distress the commerce of our enemies in other parts of the world. For this purpose, the Marine Committee have already ordered some vessels to France, under your direction as to their future operations, and more, we expect, will be sent. But our frigates are not capable of carrying much bulky commodity for commercial purposes, without unfitting them for war; besides, there is the consideration of our being obliged to get them away, how, and when we can, or endanger their being taken, which prevents our sending them to those staple Colonies, where the commodities wanted are to be obtained. The reciprocal benefits of commerce cannot flow from, or to North America, until some maritime power in Europe will aid our cause with marine strength. And this circumstance gives us pain, lest it should be construed as unwillingness on our part to pay our debts, when the truth is, that we have the greatest desire of doing so, have materials in abundance, but not the means of conveying them.

This leads us to reflect on the great advantages, which must unavoidably accrue to all parties, if France, or Spain, were to afford effectual aid on the sea, by the loan or sale of ships of war, according to the former propositions of Congress; or if the Farmers-General could be prevailed upon to receive in America the tobacco, or other products of this northern Continent, which France may want.

We are, &c. &c.

B. HARRISON, R. H. LEE, R. NORRIS, J. LOVELL.

P. S. On the 4th, an engagement between the two armies took place near Germantown, the circumstances of which may be known by the enclosed papers.

FOOTNOTES:

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

Yorktown, 6th October, 1777.

Gentlemen,

We shall follow your example in confining this letter entirely to yours of May 26th, respecting the loan, and the mode of raising it by appropriation of vacant land. It remains doubtful yet, whether there is any vacant land not included within the charter limits of some one of the thirteen States; and it is an undetermined question of great magnitude, whether such land is to be considered as common stock, or the exclusive property of the State within whose charter-bounds it may be found.

Until this business has been determined in Congress, and approved by the States, you will readily discover the difficulty of doing anything in the way of raising money by appropriation of vacant land. We consider your proposal on this subject as of very great importance; and we shall not fail to solicit the attention of Congress thereto, whenever the pressing business of the campaign will permit.

In the mean time, we see no reason that should prevent the young nobleman, of Irish extract, from coming to America, because the suspension of the question concerning vacant lands will not obstruct his views of getting the quantity he may want either by original entry, or by purchase on the most reasonable terms, upon the frontiers of those States, where vacant lands are in abundance to be met with. We are warranted to say that such rank, as that nobleman may have when he leaves service in Europe, will be granted to him here. Congress clearly discern, with you, gentlemen, the all important concern of supporting the credit of the continental money, and with this view have proposed, as you will see by the enclosed resolves, to pay the interest of twenty millions of dollars by bills drawn on you.

This we hope will in time replenish the loan offices so effectually as, with the aid of taxation now generally taking place, to prevent the necessity of future emissions. By your letters of the 25th of May we have no doubt, but these interest bills will be paid with all due punctuality. About five millions only of the twenty voted are yet borrowed, and the interest on those five will not be drawn for in bills till near a twelvemonth.

We are, &c.

B. HARRISON, R. H. LEE, J. WITHERSPOON, J. LOVELL.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Passy, 7th October, 1777.

Gentlemen,

We received duly your despatches by Mr McCreary, and Captain Young, dated May 2d and 30th, June 13th, 18th, 26th, and July 2d. The intelligence they contain is very particular and satisfactory. It rejoices us to be informed, that unanimity continues to reign among the States, and that you have so good an opinion of your affairs, in which we join with you. We understand that you have also written to us of later dates by Captain Holmes. He is arrived at Port L'Orient, but being chased, and nearly taken, he sunk his despatches.

We are also of your sentiments, with regard to the interests of France, and Spain, respecting our Independence, which interests we are persuaded they see as well as we, though particular present circumstances induce them to postpone the measures, that are proper to secure those interests. They continue to hold the same conduct described in our last, which went by Wickes and Johnson, a copy whereof we send herewith, as Johnson is unfortunately taken. We have lately presented an earnest memorial to both Courts, stating the difficulties of our situation, and requesting that if they cannot immediately make a diversion in our favor, they would give a subsidy sufficient to enable us to continue the war without them, or afford the States their advice and influence in making a good peace.

Our present demand, to enable us to fulfil your orders, is for about eight millions of livres. Couriers, we understand, are despatched with this memorial to Madrid by both the ambassador of Spain and the minister here; and we are desired to wait with patience the answer, as the two Courts must act together. In the meantime, they give us fresh assurances of their good will to our cause, and we have just received a fourth sum of five hundred thousand livres. But we are continually charged to keep the aids, that are, or may be afforded us, a dead secret, even from the Congress, where they suppose England has some intelligence; and they wish she may have no certain proofs to produce against them, with the other powers of Europe. The apparent necessity of your being informed of the true state of your affairs, obliges us to dispense with this injunction; but we entreat that the greatest care may be taken that no part of it shall transpire; nor of the assurances we have received, that no repayment will ever be required from us, of what has been already given us, either in money or military stores. The great desire here seems to be, that England should strike first, and not be able to give her allies a good reason.

The total failure of remittances from you, for a long time past, has embarrassed us exceedingly; the contracts we entered into for clothing and arms, in expectation of those remittances, and which are now beginning to call for payment, distress us much, and we are in imminent danger of bankruptcy; for all your agents are in the same situation, and they all recur to us to save their and your credit. We were obliged to discharge a debt of Myrtle's, at Bordeaux, amounting to about five thousand livres, to get that vessel away, and he now duns us at every post for between four and five thousand pounds sterling, to disengage him in Holland, where he has purchased arms for you. With the same view of saving your credit, Mr Ross was furnished with twenty thousand pounds sterling, to disentangle him. All the captains of your armed vessels come to us for their supplies, and we have not received a farthing of the produce of their prizes, as they are ordered into other hands. Mr Hodge has had large sums of us.

But to give you some idea for the present, till a more perfect account can be rendered of the demands upon us, of what we have paid, we enclose a sketch for your perusal; and shall only observe, that we have refused no application, in which your credit appeared to be concerned, except one from the creditors of a Mr Ceronio, said to be your agent in Hispaniola, but of whom we had no knowledge; and we had reason to hope, that you would have been equally ready to support our credit, as we have been yours, and from the same motives, the good of the public, for whom we are all acting, the success of our business depending considerably upon it.

We are sorry, therefore, to find all the world acquainted here, that the Commissioners from Congress have not so much of your regard as to obtain the change of a single agent, who disgraces us all. We say no more of this at present, contenting ourselves with the consciousness, that we recommended that change from the purest motives, and that the necessity of it, and our uprightness in proposing it, will soon fully appear.

Messrs Gardoqui, at Bilboa, have sent several cargoes of naval stores, cordage, sailcloth, anchors, &c. for the public use, consigned to Elbridge Gerry. They complain, that they have no acknowledgment from that gentleman of the goods being received, though they know that the vessels arrived. We have excused it to them, on the supposition of his being absent at Congress. We wish such acknowledgments may be made, accompanied with some expressions of gratitude towards those from whom the supplies come, without mentioning who they are supposed to be. You mention the arrival of the Amphitrite and Mercury, but say nothing of the cargoes.

Mr Hodge is discharged from his imprisonment, on our solicitation, and his papers restored to him; he was well treated while in the Bastile. The charge against him was, deceiving the government in fitting out Cunningham from Dunkirk, who was represented as going on some trading voyage; but, as soon as he was out, began a cruise on the British coast, and took six sail. He is got safe into Ferrol.

We have received and delivered the commissions to Mr William Lee, and Mr Izard. No letters came with them for these gentlemen, with information how they are to be supported on their stations. We suppose they write to you, and will acquaint you with their intentions.

Some propositions are privately communicated to us, said to be on the part of Russia, for forming a commercial company at Emden. We shall put them into the hands of Mr Lee.

We do not see a probability of our obtaining a loan of two millions sterling, from any of the money holders in Europe, till our affairs are, in their opinion, more firmly established. What may be obtained from the two crowns, either as loan or subsidy, we shall probably know on the return of the couriers, and we hope we shall be able to write more satisfactory on those heads by Captain Young, who will, by that time, be ready to return.

With the greatest respect, we have the honor to be, &c.

B. FRANKLIN, SILAS DEANE, ARTHUR LEE.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

Yorktown, 18th October, 1777.

Gentlemen,

We have the pleasure of enclosing to you the copy of a letter from General Gates, containing the circumstances of a victory gained over General Burgoyne, on the 7th. This event must defeat the main views of General Clinton, in proceeding up Hudson's river. He has, it is true, got possession of fort Montgomery, but with much loss, as we hear. Though the enemy should boast much of this acquisition, yet we are persuaded the consequences will be very little profitable to them, as Governor Clinton, of New York, and his brother General James Clinton, are acting vigorously in concert with General Putnam, who commands in that quarter.

Our army under General Washington is numerous and in high spirits, while General Howe is busied in forming obstructions in the roads leading to the city of Philadelphia, by which he supports the hopes of keeping our troops from routing him out of his stolen quarters. The enclosed resolves need no comment from us, being sufficient of themselves to determine your conduct in the points to which they relate. It is with concern we find, that British property has lately been covered by conveyance in French bottoms, which practice pursued, and American search disliked by France, it is obvious, that the most vulnerable part of Great Britain, her commerce, will be secured against us, and that by the intervention of our professed friends. We desire, therefore, gentlemen, that you will confer with the ministers of France on this subject, and satisfy them of the propriety, and even the necessity which there is, that either this commerce should be prohibited, or that the United States be at liberty to search into, and make distinctions between the bottom and the enemy's property conveyed in that bottom.

To prevent ill impressions being made, by a number of officers who are returning to France, we think it proper to observe, that without totally deranging and risking even the annihilation of the American armies, it was not possible to provide for many of those gentlemen in the manner they wished, and which some of them had stipulated for, previous to their leaving France. We have done all in our power to prevent discontent, but no doubt there will be some, whose dissatisfactions will produce complaints, and perhaps misrepresentations. You will be guarded on this head, and represent our conduct as founded solely on the necessity of our situation.

We have the honor to be, &c.

B. HARRISON, R. H. LEE, R. MORRIS, J. LOVELL.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 31st October, 1777.

Gentlemen,

We have the pleasure to enclose to you the capitulation by which General Burgoyne and his whole army surrendered themselves prisoners of war. This great event might have been still greater, had not the operations on the Hudson river, below Albany, rendered it probable, that Sir Henry Clinton might come to the relief of General Burgoyne, as he had urged his way up to within fortyfour miles of Albany, at which place were lodged the principal magazines of war and provisions for our northern army. General Gates is now moving down the north river, having sent General Stark with two thousand brave men, to reduce Ticonderoga and the passes yet occupied by the enemy on lake George.

General Howe is yet at Philadelphia, but whether he will be able to continue there, may be judged from a consideration of General Burgoyne's surrender, from the hitherto unavailing efforts of the enemy to get their fleet up to the city, from General Washington's being with a good army now near Germantown, and closing upon the enemy's lines, which run across the commons by Philadelphia, as we are informed, from Delaware to Schuylkill.

After many smaller attempts had been made in vain, upon fort Island and the chevaux de frize, a general and very powerful attack was made upon the 22d and 23d of this month, on Red Bank, by twelve hundred Hessians, and on Fort Island, by several ships of war, which approached as near as the chevaux de frize would admit, and by fire from batteries erected on Province Island. The Hessians were led on by Count Donop, Colonel Commandant. They attempted the place by storm, and were repulsed with the loss of seventy dead on the spot, and seventyeight prisoners wounded; among the latter, are Colonel Donop, and his aid major. Among the former, are a Lieutenant Colonel, and some inferior officers. From the ships and Province Island batteries, a furious cannonade was long continued, and warmly returned by fort Mifflin and the gallies. At length the ships were obliged to retire with the loss of two, which the enemy set on fire themselves, and which were thus blown up. These two are said to be the Augusta, of sixtyfour guns, and the Liverpool frigate. The names of the ships we cannot be sure of yet, but, that two men of war were destroyed is certain, and being desirous of giving you the most early information of the great events at the northward, we shall be more particular about the Delaware business hereafter. We rely on your wisdom and care to make the best and most immediate use of this intelligence, to depress our enemies, and produce essential aid to our cause in Europe.

The public acknowledgment of the independence of these United States, would be attended with beneficial consequences, and whilst we proceed with diligence and care to profit from our advantages, we are sensible how essential European aid must be to the final establishment and security of American freedom and independence. We are in daily expectation of hearing from you, which we have not done since May last.