THE CORRESPONDENCE OF THE COMMISSIONERS AT THE COURT OF FRANCE. (continued 3)

As some of our frigates are ordered to France, under your after direction, we hope to hear in due time, that more effectual distress has been conveyed to the commerce of our enemies. It is a pity that some of their towns should not be made to suffer for the licentious conflagrations, which have been kindled by them in America.

We have the honor to be, &c.

R. H. LEE, J. LOVELL.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 8th November, 1777.

Gentlemen,

At the time this will be delivered to you, bills of exchange will also be presented for your acceptance, drawn by Henry Laurens, of Charleston, South Carolina, who was elected President of the Continental Congress, on the first day of this month, of which we thought proper to give you thus early information, that you may duly honor his draughts, the particulars of which we shall forward speedily by another opportunity, concluding with much regard, &c.

R. H. LEE, J. LOVELL.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Passy, 30th November, 1777.

Gentlemen,

In a former letter we acquainted you that we had engaged an officer, one of the most skilful in naval affairs this country possessed, to build us a frigate in Holland, on a new construction (drafts of which we sent you) and to go over in her to America, and enter your service. The frigate is almost finished. She is very large, is to carry thirty 24 pounders, on one deck, and is supposed equal to a ship of the line. But the infinite difficulties we find in equipping and manning such a ship in any neutral port, under the restrictions of treaties, together with the want of supplies from you, have induced us to sell her to the king, who, by a large pension offered to our officer, has engaged him to remain in his service, and pays us what we have expended on her.

We have built a small frigate at Nantes, which we hope to get away soon, laden with supplies of various sorts. We meet with difficulties too in shipping arms and ammunition in her, but hope they will be surmounted. Several other vessels, some under the direction of Mr Ross, others belonging to French merchants, are almost ready to sail for America, and we had thoughts of sending them in a little fleet, under convoy of the Raleigh, and Alfred, but on consultation, considering the spies maintained by England in all the ports, and thence the impossibility of making up such a fleet, without its being known, so as to give time for a superior force to be in wait for it, we concluded the chance better of their going off singly, as they should be ready. In these vessels are clothes, ready made, for thirty thousand men, besides arms, cloths, linens, and naval stores to a great amount, bought up by us and Mr Ross. The private adventures will also be very considerable. And as we shall continue our endeavor to complete your orders, we hope that if the ships have common success in passing, you will be better provided for the next campaign, than you have been for any of the preceding.

How we are enabled to make these supplies, must be a matter of some surprise to you, when you reflect that little or nothing from you has been received by us, since what came by Captain Wickes, till now by the arrival of the Amphitrite, and that the seeming uncertainty of your public affairs has prevented hitherto our obtaining the loan proposed. We have however found, or made some friends, who have helped, and will, we are confident, continue to help us.

Being anxious for supporting the credit of Congress' paper money, we procured a fund for payment of the interest of all the Congress had proposed to borrow. And we mentioned in several of our letters, that we should be ready to pay all bills drawn for the discharge of such interest, to the full value in money of France, that is, five livres for every dollar of interest due. We were persuaded, that thus fixing the value of the interest would fix the value of the principal, and consequently of the whole mass. We hope this will be approved, though we have yet no answer. We cannot apply that fund to any other purpose, and therefore wish to know as soon as may be, the resolution of Congress upon it. Possibly none of those letters had reached you, or your answers have miscarried; for the interruptions of our correspondence have been very considerable. Adams, by whom we wrote early this summer, was taken on this coast, having sunk his despatches. We hear that Hammond shared the same fate on your coast. Johnson, by whom we wrote in September, was taken, going out of the channel, and poor Captain Wickes, who sailed at the same time, and had duplicates, we just now hear foundered near Newfoundland, every man perishing but the cook. This loss is extremely to be lamented, as he was a gallant officer, and a very worthy man. Your despatches also, which were coming by a small sloop from Morris's River, and by the Mere Bobie packet, were both sunk, on those vessels being boarded by English men of war.

The Amphitrite's arrival, with a cargo of rice and indigo, near one thousand barrels of the one, and twenty of the other, is a seasonable supply to us for our support; we not having for some time past, (as you will see by our former letters) any expectations of further supplies from Mr Morris; and though we live here with as much frugality as possible, the unavoidable expenses, and the continual demands upon us for assistance to Americans, who escape from English prisons, &c. &c. endangered our being brought to great difficulties for subsistence. The freight of that ship too calls for an enormous sum, on account of her long demurrage.

We begin to be much troubled with complaints of our armed vessels taking the ships and merchandise of neutral nations. From Holland, they complain of the taking of the sloop Chester, Captain Bray, belonging to Rotterdam, by two privateers of Charleston, called the Fair American and the Experiment; from Cadiz, of the taking the French ship Fortune, Captain Kenguen, by the Civil Usage privateer, having on board Spanish property; and here, of the taking the Emperor of Germany, from Cork, with beef, belonging to the marine of France, just off the mouth of Bordeaux river. We send herewith the papers we have received, and answers given, relating to those captures, and we earnestly request, that if upon fair trials it shall appear that the allegations are true, speedy justice may be done, and restitution made to the reclaimants, it being of the utmost consequence to our affairs in Europe, that we should wipe off the aspersions of our enemies, who proclaim us every where as pirates, and endeavor to excite all the world against us.

The Spanish affair has already had very ill effects at that Court, as we learn by the return of the courier mentioned in our last. We have, by letters to our correspondents at the several ports, done all in our power to prevent such mischiefs for the future, a copy of which we herewith send you. The European maritime powers embarrass themselves, as well as us, by the double part their politics oblige them to act; being in their hearts our friends, and wishing us success, they would allow us every use of their ports consistent with their treaties, or that we can make of them without giving open cause of complaint to England; and it being so difficult to keep our privateers within those bounds, we submit it to consideration, whether it would not be better to forbear cruising on their coasts, and bringing prizes in here, till an open war takes place, which, though by no means certain, seems every now and then to be apprehended on both sides; witness among other circumstances, the recall of their fishing ships by France, and the king of England's late speech. In consequence of this embarrassed conduct, our prizes cannot be sold publicly, of which the purchasers take advantage in beating down the price, and sometimes the Admiralty Courts are obliged to lay hold of them in consequence of orders from Court, obtained by the English Ambassador. Our people, of course, complain of this as unfriendly treatment; and as we must not counteract the Court in the appearances they seem inclined to put on towards England, we cannot set our folks right by acquainting them with the essential services our cause is continually receiving from this nation, and we are apprehensive, that resentment of that supposed unkind usage may induce some of them to make reprisals, and thereby occasion a deal of mischief. You will see some reason for this apprehension, in the letter[45] from Captain Babson, which we send you herewith, relating to their two prizes confiscated here for false entries, and afterwards delivered up to the British, for which, however, we have hopes of obtaining full satisfaction, having already a promise of part.

The king of England's Speech blusters towards these kingdoms, as well as towards us. He pretends to great resolution, both of continuing this war, and of making two others, if they give him occasion. It is conceived he will, with difficulty, find men and money for another campaign of that already on his hands; and all the world sees it is not for want of will, that he puts up with the daily known advantages afforded us by his neighbors. They, however, we have reason to believe, will not begin the quarrel as long as they can avoid it, nor give us any open assistance of ships or troops. Indeed, we are scarce allowed to know that they give us any aids at all, but are left to imagine, if we please, that the cannon, arms, &c. which we have received and sent, are the effects of private benevolence and generosity. We have, nevertheless, the strongest reasons to confide, that the same generosity will continue; and it leaves America the glory of working out her deliverance by her own virtue and bravery, on which, with God's blessing, we advise you chiefly to depend.

You will see by the papers, and a letter of intelligence from London, that the continuance of the war is warmly condemned in Parliament, by their wisest and best men in the debates on the Speech; but the old corrupt majority continues to vote, as usual, with the Ministers. In order to lessen their credit for the new loans, we have caused the paper, which we formerly mentioned, to be translated and printed in French and Dutch, by our agent in Holland. When it began to have a run there, the Government forbad the further publication, but the prohibition occasions it to be more sought after, read, and talked of.

The monument for General Montgomery is finished, and gone to Havre, in nine cases, to lie for a conveyance. It is plain, but elegant, being done by one of the best artists here, who complains that the three hundred guineas allowed him is too little; and we are obliged to pay the additional charges of package, &c. We see, in the papers, that you have voted other monuments, but we have received no orders relating to them.

The Raleigh and Alfred will be well fitted and furnished with every thing they wanted, the Congress' part of the produce of their prizes being nearly equal to their demands. Be pleased to present our dutiful respects to the Congress, and assure them of our most faithful services.

We have the honor to be, &c.

B. FRANKLIN, SILAS DEANE, ARTHUR LEE.

FOOTNOTES:

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 1st December, 1777.

Gentlemen,

As we wish the subject of this letter to be well attended to and understood, we shall confine ourselves entirely to the business of such French gentlemen as have returned without getting employment in North America, and particularly those of Mons. Du Coudray's corps. Whatever may be the clamor excited by discontent, we think that a candid consideration of our circumstances, and what Congress have really done, will fully justify them in the eyes of reasonable men. We will observe, in the first place, that of all those who have returned, not one came here at the request of Congress; that they have cost the States a very large sum of money, and that the circumstances of affairs would not permit any benefit to be drawn from them here.

It was necessary, previous to the opening of the campaign, that the affairs of the army should be arranged, officers appointed, and every thing systematically made ready for the serious business that was approaching. At this time, it was not known by Congress or the Commander in Chief, that such a character as Mons. Coudray (under such agreements as he brought over with him) was to visit us. The best that could be done was therefore undertaken, and General Knox, the father of the American artillery, was appointed to that command, and all the other divisions of the army were filled with Major Generals. In this state of things arrived General Du Coudray, with an agreement by which he was to command the artillery, and the greatest part of the Major Generals of the army, by being of older commission. A plentiful crop of resignations began presently to sprout up, and the whole army must have been deranged and thrown into confusion, just in the opening of a campaign, or this agreement not accorded to in the whole.

But Mons. Du Coudray would have every thing or nothing. An inflexible ambition, that paid no regard to the situation and circumstances of the army, would be gratified. This produced a scene of contention, which was not ended when the unfortunate General was drowned in the Schuylkill, going to join the army. Immediately on his death, the rest of his corps would return to France, and in this disposition Congress endeavored to render things as agreeable to them as possible, having some regard to the interest of the public which they serve. It is very true, that a concurrence of causes, such as the removal from Philadelphia, the time that elapsed before business was gone regularly into again, and the multiplicity of public affairs, did occasion some delay in settling with these gentlemen; but this was a loss to the community more than to them, because their pay was continued to the last. And you will see by the papers enclosed, that ample allowances have been made for their expenses to the shipping port, for passage to France, and travel to Paris.

It has been already observed, that Mons. Du Coudray's desire could not be complied with, without producing very injurious consequences. All the other officers were offered admittance into the army, according to the ranks stipulated for with Mr S. Deane; but to avoid certain murmurs and discontent, by difference of pay in the army, they were offered the pay and rations of continental officers of similar rank. This they rejected; and when the mischief of a difference of pay was removed by their determination to return to France, they were paid their livres complete, with all their gratifications as agreed for, their expenses and passages being also fully satisfied. Upon the whole, we beg leave to refer you to the enclosed papers for more minute information in this business, where we think you will find documents sufficient to convince unprejudiced and reasonable men, that Congress have done all they could, or ought in duty to the public to have done, for the entire satisfaction of these gentlemen. And we hope you will be enabled thereby to obviate any ill impressions, which may be attempted to be made by some of these officers; we say by some, because we believe the more reasonable among them are satisfied.

We have the honor to be, &c.

R. H. LEE, J. LOVELL.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 2d December, 1777.

Gentlemen,

Since ours, of October the 31st, the enemy have by repeated efforts at last overcome our defences on the Delaware below Philadelphia, and we hear they have got up some vessels to the city. But we incline to think they will yet be interrupted much in their operations on the river, by the chevaux de frize and the cold weather. We are just informed by General Gates, that the garrisons of Ticonderoga and Mount Independence have destroyed the works and the buildings, and precipitately retreated across Lake Champlain to Isle aux Noix and St Johns, taking with them only the brass artillery, powder, and provisions. The heavy stores they threw into the lake.

If the campaign should close at this period, (and if it does, it will be for want of clothes and blankets, for both of which we are in great distress, having received very few) the enemy will have little to boast of. They began it with two armies, one of which has been repeatedly beaten, and at length compelled to lay down its arms and surrender on terms. The other, after various chances, in which fortune more than any thing else has been its protection, has at length possessed itself of Philadelphia. We say fortune has protected the army of General Howe, and we have good reason for saying so, when the fact is, that at the battle of Germantown the enemy were actually defeated,[46] and accident alone prevented a total and irreparable overthrow. It would have been otherwise had our young troops possessed that calmness of discipline and self recollection, which is habitual to veteran armies. The acquisition of Philadelphia, which Mr Howe holds at present by a very precarious tenure, cannot have cost him in the whole fewer than four thousand men, since they landed at the head of Elk; and we know they have lost two ships of war before Fort Mifflin, one a sixtyfour gun ship, the other a frigate.

General Washington's army, about eighteen thousand strong, is now about fourteen miles from Philadelphia, and the enemy have fortified themselves in the best manner they can, in and near the city, by double lines from Delaware to Schuylkill, across the common. The manœuvres about New York exhibit proofs of apprehension for the safety of that place, because the enemy have evacuated and destroyed their post at Fort Independence above King's Bridge, and have drawn in all their outposts to concentrate their strength, and secure, if they can, their hold of the city of New York. We hope before the opening of the next campaign, to put Hudson's River into a state inaccessible to the enemy's ships of war, and thereby to render their enterprises on that quarter extremely difficult and dangerous to them.

We have now given you an exact account of our military situation. With respect to our civil state, we would acquaint you that Congress have passed the confederation, and sent it to the different States, with strong recommendations to give it speedy consideration and return. Extensive taxation is also recommended, and seems to be universally adopting. You will readily imagine, gentlemen, that our extensive operations have produced great expense, as our inexperience in war has not furnished us with that systematic economy, which is so necessary and so well understood by European nations. We shall have emitted twenty eight millions of dollars by the close of this year, exclusive of Provincial currency. The quantity is too great, and of course the quality is injured. The slow operations of taxes will not afford adequate remedy, and the offer of sterling interest does not fill the loan offices so quickly, as the necessary expenses call for supply. If a loan of two millions sterling could be obtained, the high exchange would enable Congress, by drawing on that fund, to call so large a quantity of paper presently out of circulation, as to appreciate the rest, and give time for taxation to work a radical cure. Without this remedy of the evil, very pernicious consequences may follow ere long.

Our situation is rendered still worse by the impossibility of supplying such products as America has largely in store, and which are now greatly wanted in Europe, viz. tobacco, naval stores, rice, indigo, &c. The great superiority of the enemy's naval fleet makes it impossible to send those products in any quantity to sea, with a tolerable prospect of safety. Thus we are prevented from sending you the five thousand hogsheads of tobacco, which you have contracted for, and which Congress has directed to be sent; although several thousands have, for some time past, been purchased for payment of our debts in France. The good intentions of our friends in that country are almost entirely frustrated, by the exertions of the whole power of our enemies by sea, to prevent our sending to, or receiving from Europe, any thing whatever. A war in Europe would greatly and immediately change the scene. The maritime force of France and Spain, with the American cruisers, would quickly lessen the power of Great Britain in the Western ocean, and make room for the reciprocal benefits of commerce between us and our friends.

We have not been favored with a line from you since the 25th of May, which we lament exceedingly, but of which we cannot complain, since we doubt not but you have written, although we have not been so fortunate as to receive your letters. We had reason from your promise to expect a monthly packet, and this expectation prevented us from looking out so early as we should have done for a vessel or two from ——. We have heard, with pleasure, by means of Mr Carmichael, through Mr Bingham, that Mr Lee had successfully accomplished his business at the Court of Prussia.[47]

We remember that you informed us, the object which carried him to Berlin was, besides procuring that Prince's acknowledgment of our independence, obtaining open ports for our commerce, and the liberty of selling our prizes therein. We hope the interference of that powerful Prince will effectually prevent Russian or German auxiliaries, from being sent hither by Great Britain.

As the Marine Committee have already sent some, and will order more, of the continental ships of war to France under your directions, permit us to suggest an expedition, which appears likely to benefit us and distress the enemy. We are informed, that two or three well manned frigates, despatched early in February, so as to arrive at the Island of Mauritius in June, being provided with letters of credence, and for such refreshments, or aid of stores, &c. as may be necessary from the minister to the French Governor of that Island, may go thence to cruise on the coast of Coromandel, twenty days sail from the Island of Mauritius, where they will be in the way to intercept the China ships, besides distressing the internal trade of India. The prizes may be sold at Mauritius, and bills of exchange be remitted to you in Paris. We would observe, that in passing to Mauritius our vessels had better call at Goree, than at the Cape, to avoid the vigilance and the apprehensions of the British cruisers. Another beneficial attempt may be conducted along the coast of Africa. The French and Dutch settlements, and perhaps the Portuguese, will purchase the prizes and give bills on Europe.

We think your plan of getting one of the new constructed ships of war, equal to one of sixty four guns, built for the use of these States in Europe, is a very good one, and it may be employed to very beneficial purposes. The heavy iron cannon, which you propose to send, will be welcome for fortifications and for vessels; and here they cost abundantly more than you can furnish them for from Europe, besides the delay in getting them, which frequently distresses us greatly. And surely your determination to supply us with materials wanted here for shipbuilding, is very wise, since it is by marine force, that the most destructive wound may be given to our enemies.

We are directed to point out proper ports into which the stores mentioned in the resolve of Congress, of November tenth, may be imported.[48] We are obliged to own, that the port of Charleston South Carolina, and those to the eastward of Rhode Island, are the only safe ones. We wish the number of manufacturers in lead and sulphur, had been limited in that same resolve; but we place full confidence in your discretion. We shall be glad to receive from you by the first opportunity, a plan of the militia of Switzerland.

We close with a desire, that you will be pleased to attend to the several matters contained in our former letters, copies of which do not happen to be at hand.

We are, with much esteem, &c.

R. H. LEE, J. LOVELL.

FOOTNOTES:

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, 18th December, 1777.

Gentlemen,

Since our last, of November 30th, a copy of which is herewith sent you, we received your despatches of October 6th, from Yorktown. They came to us by a packet from Boston, which brought the great news of Burgoyne's defeat and surrender; news that apparently occasioned as much general joy in France, as if it had been a victory of their own troops over their own enemies, such is the universal, warm, and sincere good will and attachment to us and our cause in this nation.

We took the opportunity of pressing the ministry, by a short memorial, to the conclusion of our proposed treaty, which had so long been under their consideration, and been from time to time postponed. A meeting was had accordingly, on Friday the 12th instant, in which some difficulties were mentioned and removed, some explications asked and given, to satisfaction. As the concurrence of Spain is necessary, we were told that a courier should be despatched the next day to obtain it, which we are since assured was done, and in three weeks from the time the answer was expected.

On signifying to the ministry the importance it might be of, at this juncture, when probably Britain would be making some propositions of accommodation, that the Congress should be informed explicitly what might be expected from France and Spain, M. Gerard, one of the secretaries, came yesterday to inform us, by order of the king, that after long and full consideration of our affairs and propositions, in council, it was decided, and his majesty was determined to acknowledge our independence, and make a treaty with us of amity and commerce; that in this treaty no advantage would be taken of our present situation, to obtain terms from us, which otherwise would not be convenient for us to agree to; his majesty desiring that the treaty, once made, should be durable, and our amity subsist forever; which could not be expected, if each nation did not find its interest in the continuance, as well as in the commencement of it. It was therefore his intention, that the terms of the treaty should be such as we might be willing to agree to, if our State had been long since established, and in the fulness of strength and power, and such as we shall approve of when that time shall come. That his majesty was fixed in his determination, not only to acknowledge, but to support, our independence, by every means in his power. That in doing this, he might, probably, soon be engaged in a war, with all the expenses, risks, and damages, usually attending it, yet he should not expect any compensation from us on that account, nor pretend that he acted wholly for our sakes; since, besides his real good will to us and our cause, it was manifestly the interest of France, that the power of England should be diminished by our separation from it. He should, moreover, not so much as insist, that if he engaged in a war with England on our account, we should not make a separate peace; he would have us be at full liberty to make a peace for ourselves, whenever good and advantageous terms were offered to us. The only condition he should require and rely on would be this, that we, in no peace to be made with England, should give up our independence, and return to the obedience of that government. That as soon as the courier returned from Spain, with the concurrence expected, the affair would be proceeded in and concluded; and of this we might give the Congress the strongest assurances in our despatches, only cautioning them to keep the whole, for the present, a dead secret, as Spain had three reasons for not immediately declaring; her money fleet not yet come home; her Brazil army and fleet the same; and her peace with Portugal not yet quite completed; but these obstacles would, probably, soon be removed.

We answered, that in what had been communicated to us we perceived, and admired equally the king's magnanimity and his wisdom; that he would find us faithful and firm allies, and we wished, with his majesty, that the amity between the two nations might be eternal. And, mentioning that republics were usually steady in their engagements, for instance, the Swiss cantons, the Secretary remarked, that France had been as steady with regard to them, two hundred years having passed since their first alliance for fifty years had commenced, which had been renewed from time to time; and such had been her uniform good faith toward them, that, as it appeared in the last renewal, the Protestant cantons were free from their ancient prejudices and suspicions, and joined readily with the rest in the league of which we herewith send you a copy.

It is sometime since we obtained a promise of an additional aid of three million of livres, which we shall receive in January. Spain, we are told, will give an equal sum; but finding it inconvenient to remit it here, she purposes sending it from the Havanna, in specie, to the Congress. What we receive here will help to get us out of debt. Our vessels laden with supplies have, by various means, been delayed, particularly by fear of falling into the hands of the British cruising ships, which swarm in the bay and channel. At length, it is resolved that they shall sail together, as they are all provided for defence, and we have obtained a king's ship to convoy them out of the channel, and we hope quite to America. They will carry, we think, to the amount of seventy thousand pounds sterling, and sail in a few days.

Also, in consideration of the late frequent losses of our despatches, and the importance of the present, we have applied for, and obtained a frigate to carry them.

These extraordinary favors, of a nature provoking to Great Britain, are marks of the sincerity of this Court, and seem to demand the thanks of the Congress. We have accepted five bills, drawn on us by the President, in favor of some returned officers, and shall pay them punctually. But, as we receive no remittances for our support, and the cargo in the Amphitrite is claimed from us by M. Beaumarchais, and we are not certain that we can keep it, we hope Congress will be sparing in their drafts, except for the interest mentioned in our former letters, of which we now repeat the assurances of payment; otherwise, we may be much embarrassed, and our situation rendered very uncomfortable.

It is said, the French Ambassador at London has desired to be recalled, being affronted there, where the late news from America has created a violent ferment. There is also a talk here of Lord Stormont's recall. The stocks in England fall fast, and, on both sides, there is every appearance of an approaching war. Being informed, by the concurring reports of many who had escaped, that our people, prisoners in England, are treated with great inhumanity, we have written a letter of expostulation on that subject to Lord North, which is sent over by a person express, whom we have instructed to visit the prisoners, and, (under the directions of Mr Hartley) to relieve as much as may be the most necessitous. We shall hereafter acquaint you with the result.

The expenses we are put to by those who get to us are very considerable. The supplies now going out from hence, and what we have sent, and are sending from Spain, though far short of your orders, (which we have executed as far as we are able) will, we hope, with private adventures encouraged by us and others, put you into pretty good circumstances as to clothing, arms, &c. if they arrive, and we shall continue to send, as ability and opportunity may permit.

Please to present our duty to the Congress, and believe us, with sincere esteem, &c.

B. FRANKLIN, SILAS DEANE, ARTHUR LEE.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 12th January, 1778.

Gentlemen,

Not having received any letters from you since the 26th of May, we were severely chagrined yesterday, upon the arrival of Captain John Folger, who, under the name of despatches from the Commissioners at Paris, delivered only an enclosure of clean paper, with some familiar letters, none of which contained any political intelligence. You will see, by the within examination of Folger, that he was by no means a discreet person, fit to have the charge of what you trusted to him; but we cannot yet prove that he was wilfully connected with the robbers of the packet. The paper referred to by the letter A, in the examination, was a plain cover to plain paper, which had been put in the place of an enclosure, probably very interesting, sent with the public ledgers to R. H. Lee.

We shall endeavor to find whether the roguery was committed after Folger left France; but we must depend upon you to trace the circumstances from the time of your sealing, till that of his embarking.

Congress have sent to Governor Caswell to explain the part he is said to have taken in the affair, and to examine the Ship-Captain and the two passengers. Should the Governor confirm Folger's narrative, so as to make his veracity less problematical than at present, his confinement may be rendered easier to him, but he must not be quite discharged till we hear from you. There ought to be the greatest caution used with regard to the characters of all those persons, who are confidentially employed by you. The connexion which Folger has had since he left America with persons in England, and on the voyage to Falkland's Isles, cannot be thought favorable to our interest, if his own family and native place are so. We shall only add on this subject, that Folger, upon recollection, asserts, that the largest packet delivered to him at Havre de Grace was directed, "Despatches for Captain Folger," and he laments that he did not himself open it before he sailed. If this circumstance is true, it accounts for Governor Caswell's opening the packet.

We are, with much regard, &c.

J. WITHERSPOON, J. LOVELL.

TO JOHN PAUL JONES.

Paris, 16th January, 1778.

Sir,

As it is not in our power to procure you such a ship as you expected, we advise you, after equipping the Ranger in the best manner for the cruise you propose, that you proceed with her in the manner you shall judge best for distressing the enemies of the United States by sea, or otherwise, consistent with the laws of war and the terms of your Commission. If you take prizes on the coast of France or Spain, send them into Bilboa, or Corogne, unless you should apprehend the danger too great, in which case we advise you to send them either into L'Orient or Bordeaux, directing the officers, who may have them in charge, to apply at L'Orient to M. Moylan, or M. Goulade, and at Bordeaux to Messrs Samuel & T. H. Delap, and inform us immediately of their arrival and situation. If you send to Spain, or should put into the ports of that kingdom, apply at Bilboa to Messrs Gardoqui & Sons; at Corogne to Messrs Leagonere & Co.

If you make an attempt on the coast of Great Britain, we advise you not to return immediately into the ports of France, unless forced by stress of weather, or the pursuit of the enemy, and in such case you must make the proper representation to the officers of the port, and acquaint us with your situation. We rely on your ability, as well as your zeal to serve the United States, and therefore do not give particular instructions as to your operations. We must caution you against giving any cause of complaint to the subjects of France, or Spain, or of other neutral powers, and recommend it to you to show them every mark of respect and real civility, which may be in your power.

You will communicate to your officers and seamen the encouragement we have given them, and explain to them, that though it was not in our power to be particular as to the rewards they should be entitled to, yet they may safely rely on the justice of the Congress. Before you sail, it will be proper to settle with Mr Williams the account of your disbursements, and send the account up to us.

We most sincerely wish you success, and are, with much esteem, Sir, your most obedient and very humble servants.

B. FRANKLIN, SILAS DEANE.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 21st January, 1778.

Gentlemen,

We mean in this letter to give you a succinct view of the state of our military affairs. You must, long before this reaches you, have been made acquainted with the signal success of the American arms in the northern department, particularly the several engagements in that quarter previous to the surrender of General Burgoyne and his whole army to General Gates. Since that time, Ticonderoga and Mount Independence have been evacuated by the enemy, so that the whole of that department is now in our possession. The Indians are perfectly quiet, and we have lately received intelligence, that those formerly in the interest of our enemies incline to our side, as also, that the inhabitants of Canada, where the enemy have but small force, are in general much disposed to favor us. General Burgoyne and his troops are now near Boston; and on account of several very exceptionable parts of his conduct, Congress have resolved, that he shall not be suffered to depart, till the convention of Saratoga is ratified by the Court of London.

A part of the enemy's army is still in possession of Newport, in Rhode Island. An expedition intended to dispossess them of that place, on account of some mistakes and neglect of those who were to make the proper preparations for it, was obliged to be laid aside, but we expect it will sometime hence be resumed.

As to the armies in this State, General Howe is still in Philadelphia, but possesses no part of the country round it. General Washington's army is in huts to the westward of Schuylkill, refreshing and recruiting during the winter; and it is in contemplation to call in a number of militia to attempt to expel Howe before he can be reinforced in the spring. A part of our army is stationed at Wilmington, and they, with the militia on both sides of the river, have been very successful in taking several of the enemy's vessels since the winter set in. A committee of Congress is just going off to the army, to assist in regulating it for the next campaign, and to concert measures for the most early and vigorous operations.

Copies of newspapers, and the proceedings of Congress relating to the convention of Saratoga, are sent to you by this conveyance, besides which, we hope you will have the advantage of information from Mr Adams in person.

We are, with much regard, &c.

J. WITHERSPOON, J. LOVELL.

TO THE PRESIDENT OF CONGRESS.

Passy, 8th February, 1778.

Sir,

We have now the great satisfaction of acquainting you and the Congress, that the treaties with France are at length completed and signed. The first is a treaty of amity and commerce, much on the plan of that projected in Congress;[49] the other is a treaty of alliance, in which it is stipulated, that in case England declares war against France, or occasions a war by attempts to hinder her commerce with us, we should then make common cause of it, and join our forces, and councils, &c. The great aim of this treaty is declared to be to "establish the liberty, sovereignty, and independency, absolute and unlimited, of the United States, as well in matters of government as commerce;" and this is guarantied to us by France, together with all the countries we possess, or shall possess at the conclusion of the war; in return for which the States guaranty to France, all its possessions in America. We do not now add more particulars, as you will soon have the whole by a safer conveyance, a frigate being appointed to carry our despatches. We only observe to you, and with pleasure, that we have found throughout this business, the greatest cordiality in this Court; and that no advantage has been taken, or attempted to be taken of our present difficulties, to obtain hard terms from us; but such has been the King's magnanimity and goodness, that he has proposed none which we might not readily have agreed to in a state of full prosperity and established power. The principle laid down as the basis of the treaty, being as declared in the preamble, "the most perfect equality and reciprocity," the privileges in trade, &c. are mutual, and none are given to France, but what we are at liberty to grant to any other nation.

On the whole, we have abundant reason to be satisfied with the good will of this Court, and of the nation in general, which we therefore hope will be cultivated by the Congress, by every means which may establish the Union, and render it permanent. Spain being slow, there is a separate and secret clause, by which she is to be received into the alliance, upon requisition, and there is no doubt of the event. When we mention the good will of this nation to our cause, we may add that of all Europe, which having been offended by the pride and insolence of Britain, wishes to see its power diminished; and all who have received injuries from her, are, by one of the articles, to be invited into our alliance. The preparations for war are carried on with immense activity, and it is soon expected.

With our hearty congratulations, and our duty to the Congress, we have the honor to be very respectfully, &c.

B. FRANKLIN, SILAS DEANE.

FOOTNOTES:

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Passy, February 16th, 1778.

Gentlemen,

We have now the pleasure of sending you the treaties of amity and alliance, which France completed after long deliberation, and signed the 6th instant. This is an event, which will give our States such an appearance of stability, as must strengthen our credit, encourage other powers in Europe to ally themselves with us, weaken the hopes of our internal as well as our external enemies, fortify our friends, and be in many other respects so advantageous to us, that we congratulate you upon it most heartily. And we flatter ourselves, that the Congress will approve of the terms, and despatch the ratifications as soon as possible.

It is understood that Spain is shortly to accede to the same treaties. We have in ours of December 18th, mentioned the reasons of her delay, which still subsist, but will probably not subsist much longer. These treaties continue a secret here, and may do so till the commencement of the war, which is daily expected. Our little fleet formerly mentioned, which has been long watched and detained in Nantes' river, by the English cruising off Belisle, is now on the point of sailing under the convoy of a French squadron. As the English are pretty strong in the Bay, it is probable that their attack, and the French defence of our ships, may be the prelude of a Declaration on both sides.

Having received part of the 3,000,000 livres we formerly mentioned to you, we have furnished Mr W. Lee, and Mr Izard with 2,000 guineas each for the expenses of the missions to Germany and Italy. And as we have received intimations from Holland, that the appearance of one of us there might at this juncture have good effects, we have resumed the purpose formerly communicated to you, and as soon as our treaty with France is known, and the winter over, probably either Mr Deane or Mr Franklin will make a journey thither.

But as we apprehend it may be known here, by some means or other, should we furnish the expense of these embassies out of the aids received from this Court, which we think not reputable to the Congress, we must again press you to make us the necessary remittances to replace what we have borrowed from the fund destined for your supplies. And particularly we pray more earnestly, that you would forward as soon as possible the 5,000 hhds of tobacco for the Farmers-General, who will soon be in want of it, and who long since advanced us a million for your use. Our honor is concerned in the fulfilment of this contract.

The seizing and delivering up to the English two prizes taken by Captain Babson, on account of their being illegally entered under a false declaration, made a good deal of noise among our people in the ports, and gave unfavorable impressions of the friendship of this Court, which possibly may extend to America. We think it therefore necessary to inform you, that though the confiscation of these prizes on the above account, is said to be agreeable to the laws here, yet the king, after a condemnation, had the power of disposing of the produce, for what purpose, political or otherwise, he might think proper, and accordingly restored it at this juncture, perhaps usefully, to the English claimants. Yet as it is thought a hard case with respect to the captors, a beginning is made of indemnification, and we hope on the same principle on which we are to receive soon a part, 50,000, we shall be able in time to recover the whole.

We have, to avoid disputes at a particular time, delivered up the cargo brought by the Amphitrite to M. Beaumarchais. We hear he has sent over a person to demand a great sum of you on account of arms, ammunition, &c. We think it will be best for you to leave the demand to be settled by us here, as there is a mixture in it of public and private concern, which you cannot so well develop.

We send you herewith a great many newspapers; you will see Lord North's only answer to our application about the prisoners; as also the success of a subscription set on foot in England by our friends for their relief. They are at present pretty comfortably provided for.

By our late advices from England, the ministers began to be alarmed for their country and perhaps for themselves. Some of their emissaries have been here to sound us, and endeavor to get from some of us propositions on which to found a treaty; which we evaded generally, as not being empowered to make any; and apprehending withal, that even reasonable ones, proposed by us, might be used improperly by the ministry to exasperate, instead of conciliating the pride of the nation, choosing still to consider us as subjects. Many of the speakers in parliament of both Houses seem to look upon a French war at this juncture, when so much of their force is abroad, and their public credit so shaken, as immediate ruin. And we are assured by the last post, from good authority, that even Lord Mansfield, who in the beginning of this business was so valiant, spoke lately in private to Lord Camden of the absolute necessity of an immediate coalition of parties, to prevent the great impending danger to the nation, from an alliance between the House of Bourbon and the Americans, which he said he had good information was on the point of being concluded.

We have the honor of being, with the highest esteem, Gentlemen, your most obedient humble servants.

B. FRANKLIN, SILAS DEANE, ARTHUR LEE.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Passy, 28th February, 1778.

Gentlemen,

Our despatches of December 18th, which would have acquainted you with the state of our affairs here, and our expectations of a speedy conclusion of the treaties with this Court, are unfortunately returned; the French man of war, which went on purpose to carry them, having met with some disasters at sea, which obliged her to put back, after a long struggle of six weeks against contrary winds. We now have obtained another ship to sail with them immediately, and with our fresh despatches, containing the treaties themselves, which were happily concluded and signed the 6th instant, though hitherto, for some political reasons, kept a secret from the public.

The English Parliament adjourned in December for six weeks. During that time, their ministers strained every nerve to raise men for their armies, intending to continue the war with vigor. Subscriptions were set on foot to aid Government in the expense, and they flattered themselves with being able to enlist ten thousand volunteers; but whether they found this impracticable, or were discouraged by later accounts from America, or had some intimations of our treaties here, their vaunts and threats are suddenly abated, and on the 17th Lord North made a long discourse, acknowledging the errors of their former conduct in the war with America, and proposing to obtain peace, by the means of two bills, of which we enclose copies.

We make no remarks on these bills. The judgment of the Congress can be at no loss in determining on the conduct necessary to be held with regard to them. And we are confident, that they will not answer the purpose of dividing in order to subjugate, for which they are evidently intended. Our States have now a solid support for their liberty and independence in their alliance with France, which will be certainly followed by that of Spain, and the whole House of Bourbon, and probably by that of Holland, and the other powers of Europe, who are interested in the freedom of commerce, and in keeping down the power of Britain. Our people are happy in the enjoyment of their new constitutions of Government, and will be so in their extended trade and navigation, unfettered by English arts and Custom-house officers. They will now never relish the Egyptian bondage, from which they have so happily escaped. A long peace will probably be the consequence of their separation from England, as they have no cause of quarrel with other nations; an immediate war with France and Spain, if they join again with England, and a share in all her future wars, her debts, and her crimes. We are, therefore, persuaded that their commissioners will be soon dismissed, if at all received; for the sooner the decided part taken by Congress is known in Europe, the more extended and stable will be their credit, and their conventions with other powers more easy to make, and more advantageous.

Americans are every where in France treated with respect and every appearance of affection. We think it would be well to advise our people in all parts of America, to imitate this conduct with regard to the French, who may happen to be among us. Every means should be used to remove ancient prejudices, and cultivate a friendship that must be so useful to both nations. Some transactions here, during the last four or five months, in the rigorous observance of treaties, with regard to the equipments of our armed vessels in the ports, and the selling of our prizes, have no doubt made ill impressions on the minds of our seamen and traders, relative to the friendship of this Court. We were then obliged to observe a secrecy, which prevented our removing those prejudices, by acquainting our people with the substantial aids France was privately affording us; and we must continue in the same situation, till it is thought fit to publish the treaties. But we can, with pleasure, now acquaint you that we have obtained full satisfaction, viz. 400,000 livres for the owners of the prizes confiscated here, for a breach of the laws by a false declaration, (they being entered as coming from Eustatia) and the payment will be made to the owners in America. We mean the prizes taken by Captains Babson and Hendricks, in the Boston and Hancock privateers, which prizes, after confiscation, were, from reasons of state, restored to the English. This is a fresh proof of the good will and generosity of this Court, and their determination to cultivate the friendship of America.

The preparations for war continue in the ports with the utmost industry; and troops are marching daily to the sea-coasts, where three camps are to be formed. As France is determined to protect her commerce with us, a war is deemed inevitable.

Mr William Lee, we suppose, acquaints you with the decease of Mr Morris, his colleague in the commercial agency. On our application to the ministry, an order was obtained to put Mr Lee in possession of his papers. If that department has been found useful, and likely to continue so, you will no doubt appoint one or more persons to take care of the business, as Mr Lee has now another destination. Perhaps the general commerce, likely to be soon opened between Europe and America, may render such an appointment unnecessary.

We would just add, for the consideration of Congress, whether considering the mention of Bermudas in one of the articles, it may not be well to take possession, with the consent of the inhabitants of that island, and fortify the same as soon as possible, and also to reduce some, or all of the English fishing posts in or near Newfoundland.

We have the honor to be, &c.

B. FRANKLIN, SILAS DEANE, ARTHUR LEE.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM BINGHAM.

York, 2d March, 1778.

Sir,

The Committee of Secret Correspondence, which almost a year ago was denominated the "Committee for Foreign Affairs," stands indebted to you for many letters, both of interesting advice and ingenious speculation. Happening to be the only member of that Committee at this time present in Yorktown, I now take up my pen, not to form apologies for their long past silence, so much as to make a beginning of the act of justice due to you. I really fear that the collected ingenuity of the members will be put to it to offer, for a main excuse, any thing better than that they relied upon your getting frequent intelligence of the state of our affairs from the Commercial Committee. In short, sir, I am so deeply concerned with the gentlemen in this affair, that I know what they ought to do; and I am so well acquainted with their just manner of thinking, that I will venture to confess in their name, that their past omission of corresponding with you, is, in a considerable measure, unaccountable. It is certainly better to step forward towards a man of candor, in the straight line of honest confession, than in the zigzag track of awkward apology.

Your letters, exclusive of their intrinsic merit, have been more peculiarly acceptable to Congress, from the circumstance of our having been deprived of the satisfaction of receiving intelligence from the hands of our Commissioners in Paris since May of last year. Besides those of their despatches, which have been lost at sea, we know one has been examined and culled by some perfidious villain, who substituted plain sheets of paper for the real letters of our friends. This was probably done in Europe, before the bearer of it, a Captain John Folger, embarked with it for America.

Your ideas of the policy of the Court of Versailles appear quite just, from the corroborating testimony of whatever information we can collect in any way.

The course of Gazettes, which accompany this, will so well communicate our home affairs, that I shall not enlarge upon them. I will only say, in brief, that you may rest assured, independence is so absolutely adopted by America, as to leave no hope for Britain that we shall ever relinquish our claim. It must, therefore, be only to delude her own islanders and neighbors, that she pretends to expect the contrary.

In addition to the misfortune which you mention respecting the Lexington, we are told of a greater, and one which will more intimately affect you, respecting the Reprisal, which is said to have foundered on the 1st of October. Your acquaintance with Captain Wickes will lead you to lament greatly the loss of so valuable an officer and so worthy a man. I enclose you a list of your letters as they came to hand, both for your own satisfaction and to command your belief of my regard for you, as a faithful corresponding agent, and of my professions of being, Sir, &c.

JAMES LOVELL, For the Committee of Foreign Affairs.

M. GERARD TO THE COMMISSIONERS.

Translation.

Versailles, March 17th, 1778.

Gentlemen,

I am charged to acquaint you, that you will be presented to the King next Friday, if you will have the goodness to render yourselves here at ten o'clock in the morning. Count de Vergennes hopes you will do him the honor to dine with him on the same day.

I have the honor to be, with high consideration, &c.

GERARD.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 24th March, 1778.

Gentlemen,

I cannot consent to omit this opportunity of addressing a few lines to you, though the state of our military operations affords nothing material.

The manners of the continent are too much affected by the depreciation of our currency; scarce an officer, civil or military, but feels something of a desire to be concerned in mercantile speculation, from finding that his salary is inadequate to the harpy demands, which are made upon him for the necessaries of life, and from observing, that but little skill is necessary to constitute one of the merchants of these days. We are almost a continental tribe of Jews; but I hope heaven has not yet discovered such a settled profligacy in us as to cast us off, even for a year. Backward as we may be at this moment in our preparations, the enemy is not in a condition to expect more success in the coming, than in former campaigns. We have the debates of the British Parliament to December 5th, and perceive that the old game is playing, called Reconciliation. Depend upon it, they are duping themselves only.

Yesterday a private letter from Doctor Franklin, dated October 7th, was presented, containing the only political intelligence which Folger brought safe with him, viz. "Our affairs, so far as relates to this country, are every day more promising." This, with a letter from Mr Barnabus Deane, who tells us his brother apologized for his brevity, by saying he was "sending an important packet to Congress," is all the explanation we have of the nature of your despatches, of which we were robbed. I enclose a list, by which you will see the breaks in our correspondence. I send a pamphlet which contains, I hope, the general ideas of America in regard to what Britain may be tempted, foolishly, to call her successes.

We think it strange, that the Commissioners did not jointly write by M. de Francy, considering the very important designs of his coming over, to settle the mode of payment for the past cargoes sent by Roderique Hortalez & Co. and to make contracts for the future. It is certain that much eclaircissement is at this late moment wanting. But I dare not enlarge, for fear of losing this sudden good opportunity.

I therefore close, with assurances of the most affectionate respect, gentlemen, your very humble servant,

JAMES LOVELL, For the Committee of Foreign Affairs.

TO M. DUMAS.

Paris, April 10th, 1778.

Sir,

The within letter to you is so written, that you may show it on occasion. We send enclosed a proposed draught of a letter to the Grand Pentionary, but as we are unacquainted with forms, and may not exactly have hit your idea with regard to the matter and expression, we wish you would consult with our friends upon it, and return it with the necessary corrections.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

DRAFT OF A PROPOSED LETTER FROM THE COMMISSIONERS TO THE GRAND PENTIONARY.

Sir,

We have the honor of acquainting your Excellency, that the United States of North America, being now an independent power, and acknowledged as such by this Court, a treaty of amity and commerce is completed between France and the said United States, of which we shall speedily send your Excellency a copy, to be communicated, if you think proper, to their High Mightinesses, for whom the United States have the greatest respect, and the strongest desire that a good understanding may be cultivated, and a mutually beneficial commerce established between the people of the two nations, which, as will be seen, there is nothing in the above mentioned treaty to prevent or impede.

We have the honor to be, with great respect, your Excellency's, &c.

TO M. DUMAS.

Passy, April 10th, 1778.

Sir,

We received your despatch of the 3d instant, and approve very much the care and pains you constantly take in sending us the best intelligence of foreign affairs. We have now the pleasure of acquainting you, that Mr John Adams, a member of Congress, appointed to succeed Mr Deane in this commission, is safely arrived here. He came over in the Boston, a frigate of 30 guns, belonging to the United States. In the passage they met and made prize of a large English letter of marque ship of 14 guns, the Martha, bound to New York, on whose cargo £70,000 sterling were insured in London. It contains abundance of necessaries for America, whither she is despatched, and we hope she will get well into one of our ports.

Mr Adams acquaints us, that it had been moved in Congress to send a minister to Holland, but that although there was the best disposition towards that country, and desire to have and maintain a good understanding with their High Mightinesses, and a free commerce with their subjects, the measure was respectfully postponed for the present, till their sentiments on it could be known, from an apprehension, that possibly their connexions with England might make the receiving an American minister as yet inconvenient, and (if Holland should have the same good will towards us) a little embarrassing. Perhaps, as our independency begins to wear the appearance of greater stability, since our acknowledged alliance with France, that difficulty may be lessened. Of this, we wish you to take the most prudent methods privately to inform yourself. It seems clearly to be the interest of Holland to share in the rapidly growing commerce of their young sister republic, and as, in the love of liberty, and bravery in defence of it, she has been our great example, we hope circumstances and constitutions, in many respects so similar, may produce mutual benevolence, and that the unfavorable impressions made on the minds of some in America, by the rigor with which supplies of arms and ammunition were refused them in their distress, may soon be worn off and obliterated by a friendly intercourse and reciprocal good offices.

When Mr Adams left America, which was about the middle of February, our affairs were daily improving, our troops well supplied with arms and provisions, and in good order, and the army of General Burgoyne being detained for breaches of the capitulation, we had in our hands above 10,000 prisoners of the enemy.

We are, Sir, your most obedient humble servants,

B. FRANKLIN, ARTHUR LEE.

TO MR. JOHN ROSS.

Passy, April 13th, 1778.

Sir,

The papers you mention are in the disposition of Mr William Lee, who is gone to Germany. It is therefore not in our power to comply with what you desire. Neither are we able to make you any further advances. We wish you would send us, with all convenient expedition, copies of the invoices and bills of lading for those goods, which were paid for with the money we formerly furnished you. We do not think it within our province to make an entire settlement with you. The money in Mr Schweighauser's hands, which you say is under the direction and order of Mr R. Morris, ought to be disposed of according to those orders. The trade being now free from this country, it seems improper to us to give the passports you ask.

We are, Sir, your most obedient servants,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

P. S. Mr William Lee is at Frankfort, where a letter from you may possibly find him, but his stay there is very uncertain.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM BINGHAM, AT MARTINIQUE.

York, 16th April, 1778.

Sir,

Herewith you have a copy of what I did myself the pleasure of writing to you, on the 2d of last month; since which time we have received your favors of January 14th and 26th, February 8th and 21st. Your draft of £23,554. 9s. 9d. in favor of the Secret (now Commercial) Committee, has been duly paid. The four first charges in your account current, like many other sums on similar occasions here, have been expended to no sort of profit to the Continent; but I hope we have seen the last of such expenses. Your situation must have been very disagreeable indeed, in consequence of the failure of remittances from hence. Large quantities of tobacco have been long stored; but our bays and coasts are so infested by the enemy's ships of war, that it is impossible for us to conduct agreeably to our earnest wishes, of maintaining the best credit in our commercial concerns abroad. It is probable, that a commercial board, not members of Congress, will be very soon established; so that the whole time of the conductors may be spent in exertions for the public benefit, in that branch of Continental business.

The want of intelligence from our Commissioners at Paris, makes it improper for us to draw largely on them at present; therefore, you must content yourself with the economical bounds of the power, which is given to you by the within resolve of Congress of this day. Be assured, that all possible attempts will be made for your relief, by remittances of our produce.

I find it impossible to convey to you anything of a plan of operations for this campaign. The enemy, having the sea open to them, must have the lead in military matters; we must oppose, or follow them, just as they think fit, either to attempt an advance or to retire. It is hardly probable they will again attack New England without large reinforcements.

Our correspondent at the Hague is very regular, but his intelligence is never in season to form the ground of any of our proceedings. We have packets from him in continuance to the letter Y, December 16th, though our Commissioners have not been able to convey one safely since May last. It is strange that they cannot succeed through you. But, indeed, you appear also to know but little of them.

Mr Deane being wanted here, Mr John Adams sailed the 17th of February, to take his place at the Court of Versailles. It is probable you will hear of his arrival before this reaches you. It seems needless to desire you to give us early notice of that, and other foreign intelligence. Your usual punctuality needed not the spur of the information, which I have given you of our present great ignorance of the situation and transactions of the gentlemen at Paris.

I am, with much regard, your friend and humble servant,

JAMES LOVELL, For the Committee of Foreign Affairs.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 16th April, 1778.

Gentlemen,

This, with my affectionate wishes for your prosperity, may serve to acquaint you, that Congress has this day resolved, "That William Bingham, agent for the United States of America, now resident in Martinique, be authorised to draw Bills of Exchange, at double usance, on the Commissioners of the United States at Paris, for any sums not exceeding in the whole one hundred thousand livres tournois, to enable him to discharge debts by him contracted on account of the said States, for which draft he is to be accountable." Mr Bingham will forward the American Gazettes, with this billet of advice, and tell you why we have enabled him to draw upon you, when we have stores of produce in magazines for exportation. He will also inform you of our anxiety to know something of your proceedings and prospects, an uncommon fatality having attended your despatches ever since the month of May last.

I am, with much esteem, &c.

JAMES LOVELL, For the Committee.

M. DE SARTINE TO COUNT DE VERGENNES.

Translation.

Versailles, April 26th, 1778.

Sir,

I have received your letter of the 20th instant, accompanied by the translation of the representations addressed to you by the American Commissioners, relative to the fears of the merchants of Bordeaux and Nantes, who have hitherto transacted business with America, and by the request of the Commissioners, with regard to the protection of that commerce. For nearly a month, the French coast along the Bay of Biscay, and a part of that on the channel, have been guarded by twenty frigates and corvettes distributed in the open sea, as well as along the entrances of harbors and rivers. Those stationed at the latter places, take under their protection the French and American ships which sail from those points, and convoy them beyond the Capes. If they meet any vessels inward bound, they convoy them to the entrance of the harbors.

The frigates stationed further out at sea, are employed in chasing away the Guernsey and Jersey privateers, which are a great interruption to commerce. The same orders have been issued in the Colonies, where the frigates there stationed convoy the French and American vessels from the coasts. The reports made to me assure me, that these orders are promptly executed, and that the protection is extended as fully to American as to French vessels. You will agree with me, that this kind of protection is for the present the only one, which it is possible to give to commerce; and that convoys to America would be impracticable under present circumstances, and are always insecure, and subject to great inconveniences. To protect the coasts, to assure a free access to the harbors, to remove the privateers, and afford a convoy beyond the Capes; these aids commerce requires, and has a right to expect, and they have long since been provided by the orders of his Majesty. The Commissioners cannot reasonably complain when in this respect the American vessels are on an equal footing with those of his Majesty's subjects.

I have the honor to be, &c.

DE SARTINE.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM BINGHAM.

York, 26th April, 1778.

Sir,

Herewith you have in triplicate and copy of my former letters. I now send you the proceedings of Congress upon an appearance of the draughts of two bills, said to have been read to the British Parliament. Since Congress took notice of them, Governor Tryon has sent out from New York copies of them, with greater marks of authenticity than those bore which first came to hand. He certifies, that he "has his Majesty's command to cause them to be printed and dispersed, that the people at large may be acquainted with the contents, and of the favorable disposition of Great Britain towards the American Colonies." I will not attempt to lead your judgment upon these proceedings of our enemies. I will only add one anecdote of their late conduct, nearly allied to that of counterfeiting our Continental currency. They have published, in all our forms, a forged Resolve of Congress, purporting a consignment of power to General Washington, to detain in his army, during the war, all militia men who have enlisted or been draughted for nine months or a year; and to treat as deserters such as attempt to leave him at the expiration of their present agreement. Perhaps you will see this properly stigmatized in some of our eastern papers conveyed in the vessel, which may carry this assurance of my being, with much regard, sir, your friend and humble servant,

JAMES LOVELL, For the Committee.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 30th April, 1778.

Gentlemen,

By the Gazettes, which accompany this letter, you will see, that the enemy are entering upon a plan, which must shortly perplex us much, unless we receive despatches from you, to enlighten us as to your situation and transactions, of which we have had no information since the latter end of May. As we have heard of the loss of Captain Johnston and Captain Wickes, and know that John Folger was robbed, we cannot charge our present want of letters to negligence in you; but we think you should not rest satisfied without sending triplicates of all your despatches. The Commercial Committee will transmit to you the contract, which they have entered into with the agent of the house of Roderique Hortalez & Co. the heads of which contract happening to be at hand are enclosed.

We have read a letter written by a friend, dated House of Commons, February 13th, in which we are told, that you had concluded a treaty with France and Spain, which was on the water towards us. Imagine how solicitous we are to know the truth of this, before we receive any proposals from Britain, in consequence of the scheme in Lord North's speech, and the two draughts of bills now sent to you. The state of our foreign connexions is a subject now before Congress; and, dubious as we are about your transactions, some resolutions will probably be formed to be transmitted to you by a special conveyance shortly, when a general account of our affairs will also be sent. We have little uneasiness about the strength of our enemy. Our currency must be supported in due credit, after which we may bid defiance to Britain, and all her German hirelings. We wish every advice and assistance from you for the support of such credit.

I am, with great regard, &c.

JAMES LOVELL, For the Committee of Foreign Affairs.

TO M. DUMAS.

Yorktown, 14th May, 1778.

Sir,

Your several favors, down to the letter Y, had come to our hand before the 2d instant, on which day we received despatches from our Commissioners in France, after an interruption of eleven months. Judge, therefore, sir, how very agreeable your letters must have been to us, though you wrote but briefly, always supposing that we received more full accounts of European politics from our friends at Paris.

We observe, with great pleasure, that the States of Holland are discovering a proper spirit in the conduct of their commerce, by granting convoys, in consequence of the insolent behavior of their British neighbors. The magnanimous conduct of His Most Christian Majesty must have great influence upon all around him. We doubt not of your hearty congratulations upon the success of our cause, which you so early and warmly espoused, and which you have aided with such judgment and resolution by your pen. We shall write particularly to the gentlemen at Paris, respecting the injuries you have received from our enemies, and shall instruct them to pay the strictest attention to our engagements made to you at the commencement of our correspondence.

We must refer you to the prints now sent and to our Commissioners, for the general state of our affairs, only remarking here, that we were actuated in our proceedings on the 22d of April entirely by the uniform spirit, which we have maintained ever since the 4th of July, 1776, being not then acquainted with the favorable state of our cause in France, as an uncommon fatality had attended the letters of our friends for nearly a whole year, before the arrival of their present important packet.

We are, with much esteem, &c.

RICHARD MORRIS, RICHARD H. LEE, JAMES LOVELL.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM BINGHAM.

York, 14th May, 1778.

Sir,

At length, on the 2d instant, we received despatches from our Commissioners at Paris, with treaties of alliance and commerce, concluded on the 6th of February between France and these United States. They were ratified here on the 4th of this month, and the prints herewith sent to you will show the principles upon which they are founded. We are persuaded you will greatly partake of the satisfaction, which we feel on this occasion.

We do not find by the letters, which we have received, that Congress may venture to enlarge the power that was given to you by the resolve of April 16th.[50] But it becomes less necessary that you should be furnished in that way, as commerce will, in all human probability, be more easily carried on between this continent and your islands now, than for some time past.

Great hurry of business must be an excuse for our brevity at this time, though it would not warrant an omission of sending you our congratulations and the Gazettes.

We are, with much regard, &c.

ROBERT MORRIS, RICHARD HENRY LEE, JAMES LOVELL.

FOOTNOTES:

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 14th May, 1778.

Gentlemen,

Our affairs have now a universally good appearance. Every thing at home and abroad seems verging towards a happy and permanent period. We are preparing for either war or peace. For although we are fully persuaded, that our enemies are wearied, beaten, and in despair, yet we shall not presume too much on that persuasion, and the rather, because it is our fixed determination to admit no terms of peace, but such as are fully in character with the dignity of independent States, and consistent with the spirit and intention of our alliances on the continent of Europe. We believe, and with great reason too, that the honor and fortitude of America have been rendered suspicious in Europe, by the arts, intrigue, and specious misrepresentations of our enemies there. Every proceeding and policy of ours have been tortured, to give some possible coloring to their assertions of a doubtful disposition in America, as to her perseverance in maintaining her independency, and perhaps the speeches of many of the minority of both Houses in the English Parliament, who seem to persist in the probability of a reconciliation, may have contributed towards a continuance of that suspicion. But we, at this particular time, feel ourselves exceedingly happy in a proof, from the accidental arrangement of circumstances, such as we could neither foresee nor alter, that the disposition of America on that head was fixed and final. For this proof we desire your attention to what follows.

The English Ministry appear to have been very industrious in getting over to America, as soon as possible, their two conciliatory bills, even before they had been once read; the reason of which haste we did not then see; but the arrival of your despatches since, with the treaties, has unriddled that affair. General Howe was equally industrious, in circulating them by his emissaries through the country, and likewise sent them under a flag to General Washington, who immediately despatched them to Congress on the —— of April. They were in themselves truly unworthy of the attention of that public body; but lest the silence of Congress should be misunderstood, or furnish the enemy with new ground for false insinuation, they were referred to a committee, whose judicious and spirited report thereon was unanimously approved in the House on the 22d, then published and circulated through the several States with all possible expedition. The despatches, in charge of Mr Simeon Deane, did not arrive till the 2d of May, ten days after the said reports were published; and his expedition in bringing his papers to Congress prevented any intelligence from arriving before him. Enclosed are the reports referred to, which we recommend to your attention to make as public as possible in Europe, prefacing them with such an explanatory detail of the before mentioned circumstances, as shall have a tendency to place the politics of America on the firm basis of national honor, integrity, and fortitude.

We admire the wisdom and true dignity of the Court of France, on their part of the construction and ratification of the treaties between us. They have a powerful tendency to dissolve effectually that narrowness of mind, which mankind have been too unhappily bred up in. Those treaties discover the politician founded on the philosopher, and a harmony of affections made the groundwork of mutual interest. France has won us more powerfully than any reserved treaties could possibly bind us, and by one generous and noble act has sown the seeds of an eternal friendship.

It is from an anxiety to preserve inviolate this cordial union, so happily begun, that we desire your particular attention to the 11th and 12th articles of the treaty of amity and commerce. The unreserved confidence of Congress in the good disposition of the Court of France, will sufficiently appear, from their having unanimously first ratified those treaties, and then trusted any alteration, which may be proper to be made, to after mutual negotiations. We are apprehensive, that the general and undefined line of the 12th article may in future be misunderstood, or rendered inconvenient or impracticable, and so become detrimental to that good friendship, which we wish ever to subsist. To prevent this, you will herewith receive instruction and authority for giving up, on our part, the whole of the 11th article, proposing to the Court of France the rescinding, on their part, of the whole of the 12th article, those two being intended as reciprocal balances to each other.

It is exceedingly disagreeable to Congress, to find there has been misconduct in any of the commanders of armed vessels under the American flag. Every authentic information of that kind will be strictly attended to, and every means be taken to punish the offenders and make reparation to the sufferers. The chief consolation we find in this unpleasing business is, that the most experienced States have not been able to restrain the vices and irregularities of individuals altogether. Congress has published a proclamation for the more effectually suppressing and punishing such malpractices. But we are rather inclined to hope, that as the line of connexion and friendship is now clearly marked, and the minds of the seamen thereby relieved from that inexplicable mystery respecting their real prizes, which before embarrassed them, such irregularities will be less frequent, or totally cease, to which end the magnificent generosity of the King of France to the owners of the prizes, which for reasons of State had been given up, will happily contribute.

We are, Gentlemen, your very humble servants,

R. H. LEE, JAMES LOVELL.

TO M. DE SARTINE.

Passy, May 14th, 1778.

Sir,

In the several cruises made by Captains Wickes, Johnston, Cunningham, and others of our armed vessels, on the coast of Great Britain, it is computed that between four and five hundred prisoners have been made and set at liberty, either on their landing in France, or at sea, because it was understood, that we could not keep them confined in France. When Captain Wickes brought in at one time near a hundred, we proposed to Lord Stormont an exchange for as many of ours confined in England; but all treaty on the subject was rudely refused, and our people are still detained there, notwithstanding the liberal discharges made of theirs, as above mentioned. We hear that Captain Jones has now brought into Brest near two hundred, whom we should be glad to exchange for our seamen, who might be of use in expeditions from hence; but as an opinion prevails, that prisoners of a nation with which France is not at war, and brought into France by another power, cannot be retained by the captors, but are free as soon as they arrive, we are apprehensive, that these prisoners may also be set at liberty, return to England, and serve to man a frigate against us, while our brave seamen, with a number of our friends of this nation, whom we are anxious to set free, continue useless and languishing in their gaols.

In a treatise of one of your law writers, entitled Traités des Prises qui se font sur Mer, printed 1763, we find the above opinion controverted, p. 129, § 30, in the following words; "Hence it seems, that it is not true, as some pretend, that from the time a prisoner escapes, or otherwise reaches the shore of a neutral power, he is absolutely free. It is true, he cannot be retaken without the consent of that power, but such a power would violate the laws of neutrality if it should refuse its consent. This is a consequence of the asylum of the ship in which the prisoner or hostage was contained."

We know not of what authority this writer may be, and therefore pray a moment of your Excellency's attention to this matter, requesting your advice upon it, that if it be possible, some means may be devised to retain these prisoners, till as many of ours can be obtained in exchange for them.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 15th of May, 1778.

Gentlemen,

Your pressing request for five thousand hogsheads of tobacco, is a matter as embarrassing to Congress as to yourselves. Their anxiety to get it to you is as great as yours to receive it. We have already lost vast quantities in the attempt, and thereby have furnished our enemies gratis with what was designed for the discharging of your contracts, and for promoting the interest and commerce of our friends. We request your particular attention to this information, as it is a matter of as high moment to our allies as well as to ourselves. In the present state of things it is very probable, that England will be unwilling to interrupt the trade of France in their own bottoms; and our desire is, as well for her benefit as ours, that France would open the trade from her own ports, so that the intentional advantages of the treaties may fully operate for both countries. We need not enlarge on this head, as your discernment will furnish you with all the reasons to be alleged in support of what we desire.

In addition to what is mentioned in our letter, respecting the 11th and 12th articles of the treaty, we observe, that the 12th is capable of an interpretation and misuse, which were probably not thought of at the time of constructing it; we mean, that it opens a door for all, or a great part of the trade of America, to be earned through the French Islands to Europe, and puts all future regulations out of our power, either by impost or prohibition, which, though we might never find it to our interest to use, yet by keeping it in our power, will enable us to preserve equality with, and regulate the imposts of the countries we trade with.

The general trade of France is not under like restriction, every article on our part being stated against the single article of molasses on theirs; therefore, Congress think it more liberal and consistent that both articles should be expunged.

We have no material military transactions to acquaint you with. The enemy yet remain in Philadelphia, but some late appearances make it probable they will not stay long. Our army is yet at the Valley Forge. The enemy, through the course of the winter, have carried on a low, pitiful, and disgraceful kind of war against individuals, whom they pushed at by sending out little parties and revengefully burning several of their houses; yet all this militated against themselves, by raising an unquenchable indignation in the country against them; and on the whole, we know not which most to wonder at, their folly in making us hate them after their inability for conquest and their desires of peace are confessed, or their scandalous barbarity in executing their resentments.

You will see, gentlemen, by the contract which the Commercial Committee have signed with the agent of M. Beaumarchais, that Congress was desirous of keeping a middle course, so as not to appear to slight any determined generosity of the French Court, and, at the same time, to show a promptness to discharge honorably the debts, which may be justly charged against these States by any persons. We depend upon you to explain the affair fully, as you seem to make a distinction between the military stores and the other invoices, while no such distinction appears in the letters of Mr Deane or M. Beaumarchais. In short, we are rather more undetermined by your late despatches, than we were during your long silence. Congress being at this time deeply engaged in a variety of business, and the Foreign Committee thin of members, you will be pleased to excuse us from being more particular in our answer to your several despatches, as well as in our information of the state of our affairs.

We are, gentlemen, &c.

R. H. LEE, JAMES LOVELL.

P. S. You will see what we have written to M. Dumas, and you will point out what will be our line of honor to him and justice to these States.

TO COUNT DE VERGENNES.

Passy, May 16th, 1778.

Sir,

We had this morning the honor of receiving your Excellency's letter of the 13th instant, relative to the Boston frigate. We beg leave to assure your Excellency, that the frigate, called the Boston, now at Bordeaux, is a ship of war belonging to the thirteen United States of North America, built and maintained at their expense by the honorable Congress. We, therefore, humbly presume, that his Majesty's royal determination, on the representation of the Farmers-General, will be according to the usage of nations in such cases, and your Excellency may be assured that Captain Tucker will conform to that determination with the utmost respect.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO M. DE SARTINE.

Passy, May 16th, 1778.

Sir,

Messrs Basmarine, Rainbeau, & Co. having represented to us, that they have applied to Government for a frigate, to be employed in defence of their commerce to and from America, and in making reprisals for the losses they have lately sustained by our enemies, we, the Commissioners of the United States of North America, hereby request that such a frigate may be granted; and in that case, we are ready to give a commission and letter of marque to such frigate, upon Messrs Basmarine & Co. giving bonds to us for the regular behavior of such frigate, according to the law of nations and the usage of the United States.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO MR JONATHAN WILLIAMS, AT NANTES.

Passy, May 25th, 1778.

Sir,

Your favors of May 11th and 18th are now before us. We shall this day acquaint Captain Jones how far it is in our power to comply with his desires, and in what manner. Your letter of the 18th informs us of a dispute between Mr Schweighauser and you, concerning the disposal of the Ranger's prizes; and you are still of opinion, that you have authority to interfere in the disposal of prizes, and that you should be chargeable with neglect of duty if you did not. The necessities of our country demand the utmost frugality, which can never be obtained, without the utmost simplicity in the management of her affairs; and as Congress have authorised Mr W. Lee to superintend the commercial affairs in general, and he has appointed Mr Schweighauser, and as your authority is under the Commissioners at Paris only, we think it prudent and necessary for the public service to revoke, and we do hereby revoke, all the powers and authorities heretofore granted to you by the Commissioners plenipotentiary of the United States of America, or any of them at Paris; to the end, that hereafter the management of the affairs, commercial and maritime, of America, may be under one sole direction, that of Mr Schweighauser within his district.

As to the merchandise and stores of every kind, which you have on hand at present, we leave it to your choice, either to ship them to America yourself, or to deliver them over to Mr Schweighauser to be shipped by him. It is not from any prejudice to you, for whom we have a great respect and esteem, but merely from a desire to save the public money, and prevent the clashing of claims and interests, and to avoid confusion and delays, that we have taken this step.

We have further to repeat our earnest request, that you would lay your accounts before us as soon as possible, because, until we have them we can never know either the state of our finances, or how far the orders of Congress for stores and merchandise to be shipped to America have been fulfilled.

We are, Sir, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO M. DE SARTINE.

Passy, June 3d, 1778.

Sir,

We have the honor of enclosing to your Excellency, an account of duties paid by the agent for necessary supplies to the ship of war the Boston, in the port of Bordeaux. As these duties are very heavy, and the payment of any duties on mere supplies to ships of war, as on merchandise exported, appears to us uncommon, we beg the favor of your Excellency to give such orders relative to it in all his Majesty's ports, as may regulate this for the future.

The Captain of the ship of war the Ranger, belonging to the United States, has, we understand, put his prizes into the hands of the intendant or Commandant at Brest; and no account has been rendered of them to the public agent, or to us. We are also given to understand, that, in consequence of this proceeding, very heavy fees are to be paid upon the sale of them. As the transaction is altogether improper, we must trouble your Excellency for an order to the commandant, to deliver them, without delay or extraordinary charges, to the public agent, Mr Schweighauser at Nantes, or to his order.