THE CORRESPONDENCE OF THE COMMISSIONERS AT THE COURT OF FRANCE. (continued 4)

It would give us satisfaction to annoy our enemies, by granting a letter of marque, as is desired, for a vessel fitting out at Dunkirk, and, as it is supposed by us, containing a mixed crew of French, Americans, and English. But, if this should seem improper to your Excellency, we will not do it.

We have the honor, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

JOHN PAUL JONES TO THE COMMISSIONERS.

Passy, June 16th, 1778.

Gentlemen,

At the time when I took Lieutenant Simpson's parole, I did not expect to have been so long absent from America; but as circumstances have now rendered the time of my return less certain, I am willing to let the dispute between us drop forever, by giving up that parole, which will entitle him to command the Ranger. I bear no malice, and, if I have done him an injury, this will be making him all the present satisfaction in my power. If, on the contrary, he has injured me, I will trust to himself for an acknowledgment.

I have the honor to be, with sentiments of esteem and respect,

Your obliged, &c.

JOHN PAUL JONES.

TO DAVID HARTLEY.

Passy, June 16th, 1778.

Sir,

I received yours of the 5th instant, acquainting us that the ministry have at length agreed to an exchange of prisoners. We shall write to Captain Jones for the list required, which will be sent you as soon as received. We understand there are at least two hundred. We desire and expect, that the number of ours shall be taken from Tortune and Plymouth, in proportion to the number in each place, and to consist of those who have been longest in confinement, it being not only equitable that they should be first, but this method will prevent all suspicions, that you pick out the worst and weakest of our people to give in exchange for your good ones. If you think proper to clear your prisoners at once, and give us all our people, we give you our solemn engagement, which we are sure will be punctually executed, to deliver to Lord Howe, in America, or to his order, a number of your sailors, equal to the surplus, as soon as the agreement arrives there.

There is one thing more which we desire may be observed. We shall note in our lists the names and numbers of those taken in the service of the King, distinguishing them from those taken in the merchants' service; that, in the exchange to be made, you may give adequate numbers of those taken in the service of the States, and of our merchants. This will prevent any uneasiness among your navymen and ours, if the seamen of merchantmen are exchanged before them. As it will be very troublesome and expensive, as well as fatiguing to them, to march our people from Brest to Calais, we may endeavor to get leave for your ship to come to the road of Brest, to receive them there; or, if that cannot be, we must desire from your Admiralty a passport for the ship, that is to convey them from Brest to Calais. If you have any of our people still prisoners on board your ships of war, we request they may be put into the prisons, to take their chance of exchange with the rest.

B. FRANKLIN.

TO JOHN PAUL JONES.

Passy, June 16th, 1778.

Sir,

Upon the receipt of this letter, you will forthwith make preparations, with all possible despatch, for a voyage to America. Your own prudence will naturally induce you to keep this your destination secret, lest measures should be taken by the enemy to intercept you. If, in the course of your passage home, opportunities should present of making prizes, or of doing any material annoyance to the enemy, you are to embrace them; and you are at liberty to go out of your way for so desirable a purpose.

The fishery, at the banks of Newfoundland, is an important object, and possibly the enemy's men of war may have other business than the protection of it. Transports are constantly passing and repassing from Rhode Island, New York and Philadelphia to Halifax, and from all these places to England. You will naturally search for some of these as prizes.

If the French government should send any despatches to you, or if you should receive any from us, to carry to America, you will take the best care of them, and especially that they may not fall into improper hands. You are not, however, to wait for any despatches, but to proceed upon your voyage as soon as you can get ready. If there is any room on board your ship, where you could stow away a number of chests of arms, or of clothing, for the use of the United States, you will inform M. Schweighauser of it, that he may send them to you before your departure. We do not mean to encumber you with a cargo, which will obstruct the sailing of your ship, or will impede her fighting; but if, consistent with her sailing and fighting, she can take any quantity of arms or clothing, it will be a desirable object for the public.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 21st June, 1778.

Gentlemen,

The British Commissioners have arrived and transmitted their powers and propositions to Congress, which have received the answer you will find in the Pennsylvania Gazette of the 20th instant.

On the 18th of this month, General Clinton, with the British army, (now under his command) abandoned Philadelphia, and the city is in possession of our troops. The enemy crossed into Jersey, but whether with design to push for South Amboy, or to embark below Billingsport, on the Delaware, is yet uncertain. General Washington has put his army in motion, and is following the enemy into Jersey.

There has arrived here a M. Holker, from France, who has presented a paper to Congress, declaring that he comes with a verbal message to Congress from the minister of France, touching our treating with Great Britain, and some other particulars which, for want of his paper, we cannot at present enumerate. The style of his paper is as if from the representative of the Court, but he has no authentic voucher of his mission for the delivery of this verbal message. We desire of you, gentlemen, to give us the most exact information in your power concerning the authenticity of M. Holker's mission for this purpose.

We are, gentlemen, with esteem and regard, &c.

RICHARD H. LEE, THOMAS HAYWARD, JR. JAMES LOVELL.

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Versailles, 14th July, 1778.

Gentlemen,

Notwithstanding the precautions, which I have taken to supply the inhabitants of the islands of St Pierre and Miquelon with provisions for their subsistence, who, in their present circumstances, can receive very small or no succors from the commerce with France, it may happen that the intervention of one or more of the vessels sent to those islands with provisions, may reduce the people to great distress, and it will be too late to apply a remedy after the knowledge of the event shall reach us. I have thought, that in case of pressing necessity, we might count on supplies from the United States of America, and have indicated the same to the administrators of the islands of St Pierre and Miquelon. It will be highly agreeable to his Majesty if you should concur in this opinion, and do what may be in your power to procure such succors, by recommending to the United States, and particularly to the government of Boston, to induce the fitting out of expeditions to those isles, for the purpose of taking provisions to the inhabitants, and supplying their wants.

I have the honor to be, &c.

DE SARTINE.

TO M. DE SARTINE.

Passy, July 16th, 1778.

Sir,

We have the honor of your Excellency's letter of the 14th instant. We shall embrace the first opportunity of writing to Congress, and to the government of the Massachusetts Bay, and enclosing copies of your Excellency's letter to us, which we are persuaded will have the most powerful influence with them to exert themselves, and to recommend to their fellow citizens to engage in expeditions for the relief of the inhabitants of St Pierre and Miquelon. There is not the smallest doubt of their ability to supply the wants of their friends at those places, provided the British men of war should be withdrawn from the Halifax and Newfoundland station. But if there should remain as many ships of war on those stations as there have been for the last two years, the difficulty will be very great.

We have the honor to enclose to your Excellency a copy of a letter just received from Mr Schweighauser, whereby your Excellency will see the difficulties that still embarrass our frigates in relation to their prizes. We entreat your Excellency's further attention to the subject, that orders may be given for the relief of our officers and men from these embarrassments.

We have the honor to request your Excellency's attention to another subject, that of the British prisoners made by our frigates, the Providence, the Boston, and the Ranger, and all others in future. As it is necessary for these frigates, forthwith to proceed to sea, and as we have some hopes of an exchange of prisoners in Europe, we request your Excellency that we may have leave to confine them in your prisons, to be maintained there at our expense, until exchanged or sent by us to America, and that your Excellency would give the necessary directions accordingly.

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

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO THE COUNCIL OF THE MASSACHUSETTS BAY.

Passy, July 16, 1778.

May it please your Honors,

We have the honor to enclose a copy of a letter just received from M. de Sartine, the minister of state for the marine of this kingdom, in answer to which we have had the honor to assure his Excellency, that we would embrace the first opportunity of communicating it to your honors. We have not the smallest doubts of the good inclinations of the people in America, to supply the necessities of their friends in St Pierre and Miquelon, nor of the abilities of those in the northern States to do it effectually, provided the British men of war are withdrawn from the Halifax and Newfoundland stations, and perhaps it may be done, notwithstanding the dangers of men of war. We hope, however, it will be attempted. There is no doubt but a good price may be obtained, at the same time that an acceptable act of friendship and of humanity will be performed.

We have the honor to request, that this letter and its enclosure may be laid before the General Court, and that such measures may be taken as their wisdom shall dictate to the accomplishment of so desirable a purpose.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO COUNT DE VERGENNES.

Passy, July 17th, 1778.

Sir,

We herewith communicate to your Excellency a resolution of Congress, relative to the treaties, which we request may be laid before the King. Thereby his Majesty will perceive the unfeigned sentiments of that body, as well as the whole American people, whose hearts the King has gained, by his great benevolence towards them, manifested in these treaties, which has made so deep an impression on their minds, that no time will efface it.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO THE PRESIDENT OF CONGRESS.

Passy, 20th July, 1778.

Sir,

We have the honor to inform Congress, that the Spy, Captain Nyles, has arrived at Brest, and brought us a ratification of the treaties with His Most Christian Majesty, which has given much satisfaction to this Court and nation. On the 17th instant we had the honor of exchanging ratifications with his Excellency the Count de Vergennes. The treaties ratified, signed by his Majesty, and under the great seal of France, are now in our possession, where, perhaps, considering the dangers of enemies at sea, it will be safest to let them remain at present. Copies of them we shall have the honor to transmit to Congress by this opportunity.

War is not yet declared between France and England, by either nation, but hostilities at sea have been already commenced by both, and as the French fleet from Brest, under the command of the Count d'Orvilliers, and the British fleet, under Admiral Keppel, are both at sea, we are in hourly expectation of a rencontre between them. The Jamaica fleet, the Windward Island fleet, and a small fleet from the Mediterranean, have arrived at London, which has enabled them to obtain by means of a violent impress, perhaps a thousand or fifteen hundred seamen, who will man two or three ships more, in the whole making Admiral Keppel's fleet somewhat nearer to an equality with the French. In the mean time, the Spanish flotilla has arrived, but the councils of that Court are kept in a secrecy so profound, that we presume not to say with confidence what are her real intentions. We continue, however, to receive from various quarters encouraging assurances, and from the situation of the powers of Europe it seems highly probable, that Spain will join France in case of war.

A war in Germany, between the Emperor and King of Prussia, seems to be inevitable, and it is affirmed that the latter has marched his army into Bohemia, so that we apprehend that America has at present nothing to fear from Germany. We are doing all in our power to obtain a loan of money, and have a prospect of procuring some in Amsterdam, but not in such quantities as will be wanted. We are constrained to request Congress to be as sparing as possible in their drafts upon us. The drafts already made, together with the great expense arising from the frigates which have been sent here, and the expenses of the commissioners, the maintenance of your ministers for Vienna and Tuscany, and of prisoners who have made their escape, and the amount of clothes and munitions of war already sent to America, are such, that we are under great apprehensions that our funds will not be sufficient to answer the drafts, which we daily expect, for the interest of loan office certificates, as well as those from Mr Bingham.

We have the honor to enclose a copy of a letter from M. de Sartine, the Minister of Marine, and to request the attention of Congress to the subject of it.

We are told in several letters from the honorable Committee for Foreign Affairs, that we shall receive instructions and authority for giving up, on our part, the whole of the 11th article of the treaty, proposing it as a condition to the Court of France, that they on their part should give up the whole of the 12th. But unfortunately, these instructions, and authority were omitted to be sent with the letters, and we have not yet received them. At the time of the exchange of the ratifications, we mentioned this subject to the Count de Vergennes, and gave him an extract of the Committee's letter. His answer to us was, that the alteration would be readily agreed to, and he ordered his secretary not to register the ratification till it was done. We therefore request that we may be honored with the instructions and authority of Congress to set aside the two articles as soon as possible, and while the subject is fresh in memory.

The letter to M. Dumas[51] is forwarded, and in answer to the Committee's inquiry, what is proper for Congress to do for that gentleman, we beg leave to say, that his extreme activity and diligence in negotiating our affairs, and his punctuality in his correspondence with Congress as well as with us, and his usefulness to our cause in several other ways, not at present proper to be explained, give him, in our opinion, a good title to two hundred pounds sterling a year at least.

The other things mentioned in the Committee's letter to us shall be attended to as soon as possible. We have received also the resolution of Congress of the 9th of February, and the letter of the Committee of the same date, empowering us to appoint one or more suitable persons as commercial agents, for conducting the commercial business of the United States in France, and other parts of Europe. But as this power was given us before Congress received the treaty, and we have never received it but with the ratification of the treaty, and as by the treaty Congress is empowered to appoint consuls in the ports of France, perhaps it may be expected from us, that we should wait for consuls. At present, Mr John Bonfield of Bordeaux, and Mr J. D. Schweighauser at Nantes, both by the appointment of Mr William Lee, are the only persons authorised as commercial agents. If we should find it expedient to give appointments to any other persons, before we hear from Congress, we will send information of it by the first opportunity. If Congress should think proper to appoint consuls, we are humbly of opinion, that the choice will fall most justly as well as naturally on Americans, who are, in our opinion, better qualified for this business than any others, and the reputation of such an office, together with a moderate commission on the business they may transact, and the advantages to be derived from trade, will be a sufficient inducement to undertake it, and a sufficient reward for discharging the duties of it.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

FOOTNOTES:

The Functions of Consuls,

Are to maintain in their department the privileges of their nation according to treaties.

To have inspection and jurisdiction, as well civil as criminal, over all the subjects of their States who happen to be in their department, and particularly over commerce and merchants.

This sort of commission is not given, but to persons above thirty years of age.

Those appointed should cause their powers to be registered in the nearest Court of Admiralty, and in the Chamber of Commerce, if there is one, near the place of their residence.

On his arrival there, the Consul should publish his powers in the assembly of merchants of his country happening to be there at the time, and put them on the records of the Consulate.

When there is any question that affects the general affairs of the commerce of his nation, he ought to convoke all the merchants and masters of vessels of his nation then in the place, who are obliged to attend, under penalty, according to the resolutions taken in these assemblies; the Consul issues orders which ought to be executed, and of which he should send copies every three months to the Lieutenant General of the nearest Admiralty and Chamber of Commerce.

The jurisdiction of Consuls extends to several objects, for he not only supplies the place of a Court of Admiralty, but also of a common court of justice.

In civil matters the judgments are to be executed, provisional security being given for the sum adjudged; in criminal matters definitively and without appeal, if given with two of the principal merchants of his country assisting, except where corporal punishment appertains to the crime, in which case the process and proofs are to be drawn up by the Consul, and sent with the criminal by the first vessel of the nation, to be judged by the proper authority in the first port thereof where he arrives.

The Consul may also oblige any of his nation to depart, if they behave scandalously, and captains are obliged to take them, under a penalty.

If the Consul has any difference with the merchants of the place, the parties are to appear in the next Court of Admiralty, and the cause is to be there adjudged.

The Consul has a clerk, who keeps an office, in which all the acts of the Consulate are registered. He names also the officers who execute his precepts, and takes their oaths. If war happens, the Consuls retire.

TO THE PRESIDENT OF CONGRESS.

Passy, 23d July, 1778.

Sir,

We have just received a message from the Count de Vergennes, by his secretary, acquainting us that information is received from England, of the intention of the cabinet there to offer, (by additional instructions to their commissioners) independence to the United States, on condition of their making a separate peace, relying on their majority in both Houses for approbation of the measure. M. de Vergennes upon this intelligence requests, that we would write expressly to acquaint the Congress, that though no formal declaration of war has yet been published, the war between France and England is considered as actually existing, from the time of the return of the Ambassadors; and that if England should propose a peace with France, the immediate answer to the proposition would be, "our eventual treaty with the United States is now in full force, and we will make no peace but in concurrence with them." And we have given it as our firm opinion, that such an answer will be given by you without the least hesitation or difficulty, though you may not have been informed before, as you now are, that war being actually begun, the eventual treaty is become fully and completely binding.

We are, with great respect, &c.

B. FRANKLIN, JOHN ADAMS.

TO THE PRESIDENT OF CONGRESS.

Passy, 29th July, 1778.

Sir,

Mr Livingston received a commission from us, as Lieutenant of the Boston, and made a cruise in her, in which he had the good fortune to take four prizes. He is now obliged to leave the ship, but we have the pleasure of a letter from Captain Tucker, in which he gives us a handsome character of Mr Livingston, and of his conduct during the cruise. We have also a good opinion of him, and recommend him to the favor of Congress.

We are, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Passy, 29th July, 1778.

Gentlemen,

We have the honor of your letters of May 14th and 15th. We congratulate you on the general good appearance of our affairs, and we are happy in your assurances, that it is your fixed determination to admit no terms of peace, but such as are consistent with the spirit and intention of our alliance with France, especially as the present politics of the British cabinet aim at seducing you from that alliance, by an offer of independence, upon condition you will renounce it, a measure that will injure the reputation of our States with all the world, and destroy their confidence in our honor.

No authenticity from Congress to make an alteration in the treaty, by withdrawing the 11th and 12th articles, has yet reached us. But we gave an extract of your letter to the Count de Vergennes, when we exchanged ratifications, who expressed an entire willingness to agree to it. We wish for the powers by the first opportunity. We have not yet seen M. Beaumarchais, but the important concern with him shall be attended to as soon as may be.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Versailles, 29th July, 1778.

Gentlemen,

I have received the letter, which you did me the honor to transmit on the 16th instant. His Majesty relies greatly on the succors of provisions, which the government of Massachusetts Bay may furnish the islands of St Pierre and Miquelon.

The difficulties which the privateers of the United States have experienced till now in the ports of France, either as to the sale of their prizes, or to secure their prisoners, must cease, from the change of circumstances. I make no doubt on the other hand, but that the United States will grant the same facilities to French privateers. To accomplish this double object, I have drafted a plan of regulations, which I earnestly request you to examine, and to note what you think of it; or even to point out such other means as may answer the same purpose, so that I may receive his Majesty's orders. I have the honor to be, &c.

DE SARTINE.

TO M. DE SARTINE.

Passy, August 13th, 1778.

Sir,

Your Excellency's letter of the 29th of July, enclosing a plan for a system of regulations for prizes and prisoners, we had the honor of receiving in due time, and are very sorry it has remained so long unanswered.

In general, we are of opinion, that the regulations are very good; but we beg leave to lay before your Excellency the following observations.

Upon the 2d article we observe, that the extensive jurisdiction of the Judges of Admiralty in America, which, considering the local and other circumstances of that country, cannot easily be contracted, will probably render this regulation impracticable in America. In France it will, as far as we are able to judge of it, be very practicable, and consequently beneficial. But we submit to your Excellency's consideration, whether it would not be better in America after the words "les dites Juges" to add,—or the Register of the Court of Admiralty, or some other person authorized by the Judge. The jurisdiction of the Court of Admiralty in America extending for some hundred miles, this regulation would be subject to great delays, and other inconveniences, if it was confined to the Judge. The 4th article seems to be subject to the same inconveniencies, and therefore to require the same amendment.

Upon the 14th article, we beg leave to submit to your Excellency's consideration, whether the heavy duties upon British merchandise and manufactures, if these are to be paid upon prize goods, will not operate as a great discouragement to the sale of prizes made by American cruisers; and whether it would be consistent with his Majesty's interest to permit merchandise and manufactures, taken in prizes made by Americans, to be stored in his Majesty's warehouses, if you please, until they can be exported to America, and without being subject to duties.

We know not the expense, that will attend these regulations and proceedings in the courts of this kingdom; but as the fees of office in America are very moderate, and our people have been accustomed to such only, we submit to your Excellency whether it will not be necessary to state and establish the fees here, and make the establishments so far public, that Americans may be able to inform themselves.

As we are not well instructed in the laws of this kingdom, or in the course of the courts of Admiralty here, it is very possible that some inconveniencies may arise in the practice upon these regulations, which we do not at present foresee; if they should, we shall beg leave to represent them to your Excellency, and to request his Majesty to make the necessary alterations.

We submit these observations to your Excellency's superior wisdom, and have the honor to be, with sentiments of the most perfect respect, your Excellency's most obedient and most humble servants,

ARTHUR LEE, JOHN ADAMS.

P. S. Dr Franklin concurs with us in these sentiments, but as he is absent, we are obliged to send the letter without his subscribing.

JOHN PAUL JONES TO THE COMMISSIONERS.

Brest, August 15th, 1778.

Gentlemen,

I have now been five days in this place since my arrival from Passy, during which time I have neither seen or heard from Lieutenant Simpson. But Mr Hill, who was last winter at Passy, and sailed with me from Nantes, informs me truly, that it is generally reported in the Ranger, and of course through the French fleet and on shore, that I am turned out of the service, and that you, gentlemen, gave Mr Simpson my place with a Captain's commission; that my letter of the 16th of July to you was involuntary on my part, and in obedience only to your orders to avert dreadful consequences to myself. These, gentlemen, are not idle, ill-grounded conjectures, but melancholy facts; therefore, I beseech you, I conjure you, I demand of you, to afford me redress—redress by a Court Martial, to form which we have now a sufficient number of officers in France, with the assistance of Captain Hinman, exclusive of myself. The Providence and the Boston are expected here very soon from Nantes, and I am certain that they neither can nor will depart again, before my friend, Captain Hinman, can come down here, and it is his unquestioned right to succeed me in the command of the Ranger.

I have faithfully and personally supported and fought for the dignified cause of human nature, ever since the American banner first waved on the Delaware, and on the ocean. This I did when that man did not call himself a Republican, but left the Continent, and served its enemies; and this I did, when that man appeared dastardly backward, and did not support me as he ought.

I conclude, by requesting you to call before you, and examine for your own satisfaction, Mr Edward Meyers, who is now at the house of the Swedish Ambassador, and who, having been with me as a volunteer, can and will, I am persuaded, represent to you the conduct of the officers and men towards me, both before I left Brest, and afterwards in the Irish channel, as well as my conduct towards them.

I have the honor to be, with sentiments of due respect and esteem, your very obliged and very humble servant,

JOHN PAUL JONES.

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Versailles, 16th August, 1778.

Gentlemen,

I take the earliest opportunity to answer the observations addressed to me in the letter, which you did me the honor to write me the 13th instant, on the project of a regulation for the prizes and prisoners of the respective United States. I conceive that I have fulfilled the object by digesting anew the 2d and 14th articles, of which I annex another text, with copies of the different laws that have been lately published respecting prizes. Moreover, I will at all times receive with pleasure your representations of the inconveniences which may attend, in your opinion, the execution of the regulation, and you may be assured that his Majesty will be always disposed to grant the inhabitants of the United States every facility, compatible with the interests of his finances and the commerce of his subjects.

I have the honor to be, &c.

DE SARTINE.

Regulations for Prizes and Prisoners. By the King.

His Majesty, desirous of making known his intentions, as well with respect to the prizes, which his subjects may carry into the ports of the United States of America, as also respecting admitting into his own ports the prizes made by American privateers, and calculating on the perfect equality which constitutes the basis of his engagements with the said United States, he has ordained and does ordain as follows.

Article i. French privateers shall be permitted to conduct and cause to be conducted, the prizes made from his Majesty's enemies, into the ports of the United States of America, to repair them so as to proceed again to sea, or to sell them definitively.

Article ii. In the case of simple anchoring, the conductors of prizes shall be bound to make before the Judges of the place, a summary declaration containing the circumstances of the capture and motives of anchoring, and to request the said Judges to go on board the captured prizes and seal up such places as may admit of it, and make out a short description of what cannot be contained under the said seals, the state of which shall be verified in France by the officers of the admiralty, on the copy which the officer conducting the prize shall be obliged to report.

Article ii., amended. In case of simple anchoring, the Captains conducting the prizes shall be bound to make before the Judges of the place, their secretaries, or other persons authorised by them, a summary declaration containing the circumstances of the capture and motives of anchoring, and to request the said Judges, their secretaries, and other persons authorised by them, to go on board the captured vessels, and seal up such places as may admit of it, and make out a short description of what cannot be contained under such seals, the state of which shall be verified in France by the officers of the admiralty, on the copy of which the officer conducting his prize shall be bound to report.

Article iii. His Majesty, nevertheless, permits captains conducting prizes to sell in the ports of the United States, either perishable merchandise, or such other as may supply the wants of the vessels during the time of their stay, the said conductors of prizes shall be bound to ask permission from the Judges of the place for this purpose in the ordinary form, and proceed to the sale by the public officers appointed for that purpose, and to report copies, as well of the proceedings as of the verbal process of the sale.

Article iv. The prize-masters, who shall be authorised by the owners or captains of the capturing privateer to sell the said prizes in the ports of the United States, shall be obliged to make before the Judges a detailed report, which shall afterwards be verified in the hearing of at least two of their crew, and to request the said Judges to go directly on board of the prizes to make out a verbal process, seal up the hatches and cabin, take an inventory of what cannot be sealed, and appoint sequestrators. Which Judges shall proceed afterwards to interrogate the captain, officers, and other persons of the crew of the captured vessel to the number of two or three, or more if it is judged necessary, and shall translate the useful papers on board if there are interpreters, and annex compared copies of the said useful papers to the minutes of the proceedings, to have recourse to them in case of necessity, as is prescribed for prizes conducted into the ports of the Kingdom by the 42d article of the declaration of the 24th of June last.

Article v. As soon as the copies of the said proceedings, and the original papers and translations shall have been addressed to the Secretary-General of the Marine at Paris, for process in judgment by the Council of Prizes, the captain or his agent may require the provisional sale of the merchandise and effects subject to perishing, and even the definitive sale of the prizes and all the merchandise of their cargoes, whenever they shall evidently appear the enemy's property, from the papers on board and the interrogatories of the prisoners, in the manner that shall be ordered by the Judges of the places, and as is prescribed for prizes conducted into the ports of the kingdom by the 45th article of the said declaration of the 24th of June last.

Article vi. The discharge, inventory, sale, and delivery of the said prizes and merchandise shall be made agreeable to the formalities practised in the ports of the United States. The captains, conductors of prizes, shall be bound to report the particular liquidations or summary statements of the proceeds of the said prizes and expenses incurred on their account, that the said particular liquidations or summary statements may be deposited by the owner or the secretary of the Admiralty, at the place of outfit, agreeable to the 57th article of the declaration of the 24th of June last, to which secretary the judgments and prize papers shall be sent, in order to be registered.

Article vii. All the prisoners that shall be found on board either of the French privateers, that shall come to anchor in the ports of the United States, or on board the prizes which shall be brought there, shall be immediately delivered to the governor or magistrate of the place, to be secured in the name of the King, and maintained at his expense, as shall likewise be done in the French ports, with respect to the prisoners made by the American privateers. The captains who carry back their prizes, to be sold in the ports of the kingdom, shall nevertheless be bound to carry with them two or three principal prisoners, in order to be interrogated by the officers of the Admiralty who shall make the inquiry.

Article viii. The privateers of the United States may conduct, or cause to be conducted, their prizes into the ports belonging to his Majesty, whether for the purpose of anchoring and remaining there, until they are in a condition to proceed again to sea, or for the purpose of selling them definitively.

Article ix. In case of simple anchoring, the prize-masters shall be bound to make, within twentyfour hours after arrival, their declaration before the officers of the Admiralty, who shall go on board of the vessels, in order to seal up such places as may admit of it, and to make a brief description of what cannot be comprehended under the said seals, without allowing any thing to be landed from on board of the said prizes, under the penalties contained in his Majesty's arrets and regulations.

Article x. His Majesty nevertheless permits the said American privateers to sell in his ports, either the perishable merchandise, or such other, in order to defray the expenses of the vessels during the time of their being in port, charging them to request permission from the officers of the Admiralty, in presence of whom the said sale shall be made.

Article xi. When the subjects of the United States would wish to sell their prizes in the ports of the kingdom, the captain who shall have made the prize, or the officer intrusted with bringing it in, shall be bound to make before the officers of the Admiralty a detailed report, which shall be verified in the hearing of at least two of their crew; the officers of the Admiralty shall go immediately on board of the prize to make out a verbal process, seal the hatches and cabins, make an inventory of what cannot be sealed, and appoint keepers; they shall afterwards proceed to interrogate the captains, officers, and other people belonging to the crew of the prize; shall cause the useful papers on board to be translated, of which they shall annex compared copies to the minutes of the proceedings; and the original and translated pieces, as also the copies of the said proceedings, shall be sent to the deputies of the United States at Paris.

Article xii. The captains, conductors of prizes, or their agents, may request the officers of the Admiralty to proceed to the provisional sale of such merchandise and effects as are subject to perish, and even to the definitive sale of the prizes and of all their merchandise on board, when they shall appear to have belonged to the enemy, from the papers on board and the information of the prisoners, in the same manner as is prescribed for the prizes taken by French privateers, by the 45th article of the declaration of the 24th of June last.

Article xiii. The discharge, inventory, sale, and delivery of the said prizes shall be made in presence of the officers of the Admiralty, whose fees, either for discharging, inventory, or sale, shall be reduced one half, agreeable to the terms of the 52d article of the declaration of the 24th of June last. The said officers shall not proceed to a particular liquidation of the proceeds of the prizes until they shall be required by the parties concerned, and in every case where the delivery of several copies is required, no more shall be paid to the register for the second and third, than the price of the stamped paper and the expense of writing.

Article xiv. It is his Majesty's pleasure, that the arret of his Council, by which, agreeable to the second article of the 24th of June last, it shall be determined what kind and quality of merchandise, proceeding from prizes, shall be consumed in the kingdom, as also what duties they shall be subject to, shall likewise extend to the merchandise proceeding from prizes taken by American privateers, who are charged to fulfil the formalities prescribed by the arrets and regulations.

Article xiv., amended. It is his Majesty's pleasure that the arret of his Council, by which, agreeable to the second article of the 24th of June last, it shall be determined what kind and quality of merchandise, proceeding from prizes, shall be consumed in the kingdom, as also what duties they shall be subject to, shall likewise extend to the merchandise proceeding from prizes taken by American privateers, who are charged to fulfil the formalities prescribed by the arrets and regulations, especially with respect to the merchandise which they would export, whether to the ports of the United States, or to all other foreign countries, and that they shall be permitted for this purpose to keep them during a year, in the magazines of deposit, free from all duty.

Article xv. The American privateers may deliver in the ports, to the commissioners of the ports and arsenals of the marine, the prisoners they may have on board; his Majesty will give orders that the said prisoners shall be conducted, guarded, and maintained in the name and at the expense of the United States.

TO M. DE SARTINE.

Passy, August 18th, 1778.

Sir,

We embrace this first opportunity to answer the letter, which your Excellency did us the honor to address to us, the 16th of this month.

We have examined with some attention the alterations, which your Excellency has made in the 2d and 14th articles of the projected regulations, and are of opinion, that they will remove the difficulties we apprehended from the first draught.

We thank your Excellency for the obliging expressions of your readiness to receive any representations, which we may hereafter have occasion to make, of inconveniencies arising in the execution of these regulations; which, however, we hope will not occur. We submit the whole to your Excellency's deliberation and decision, and are, with sentiments of the sincerest respect, your Excellency's most obedient humble servants,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

JOHN PAUL JONES TO ABRAHAM WHIPPLE.

Brest, August 18th, 1778.

Sir,

I request that you will summon a court martial for the trial of Lieutenant Thomas Simpson, with whose conduct I have been and am unsatisfied, and who is now under suspension for disobedience of my written orders.

I am, Sir, with due regard, your most humble servant,

JOHN PAUL JONES.

ABRAHAM WHIPPLE TO JOHN PAUL JONES.

Brest, August 19, 1778.

Sir,

I am honored with your letter of this day, requesting that I will summon a Court Martial for the trial of Lieutenant Thomas Simpson, with whose conduct you have been and are unsatisfied, and who, you say, is under suspension for disobedience to your written orders. Having maturely considered the contents of your letter, and with as much accuracy as possible attended to every particular, I return for answer the subjoined reasons, which will at once explain the impossibility of calling a Court Martial, and fully acquaint you with my sentiments on that subject.

You are sensible that the Continental regulations have expressly ordered, that a Court Martial shall consist of at least three Captains, which is impossible, as Captain Hinman declines to sit, he expecting a Court of Inquiry upon his own conduct on his arrival in America, and having assigned a reason of so forcible a nature, I think he is acting a part at once prudent and becoming.

You will permit the remark, that by Lieutenant Simpson's parole, taken by yourself June 10th, 1778, Lieutenant Simpson engaged on his parole of honor to consider himself as under suspension till he shall be called upon to meet you face to face before a Court Martial, unless you should, in the meantime, release him from his parole, which I conceive that you have done by your letter of the 16th of July to the honorable Commissioners, where you mention that you are willing to let the dispute drop forever, by giving up that parole, which would entitle Lieutenant Simpson to the command of the Ranger; that this, as you bore no malice, would be making him all the present satisfaction in your power, provided that you had injured him, and that you will trust to himself to make an acknowledgment, if, on the contrary, he has injured you. In my opinion, this is giving up his parole in the most ample manner, as it does not appear to me that you made, by letter or otherwise, any compact or agreement with Lieutenant Simpson, that he should make any concessions on his part, or any thing of that nature, neither that he was to be answerable to a Court Martial when the supposed crime was blotted out, for which he was at first responsible.

I believe that the honorable Commissioners accepted it in the same light, as by their letter of the same date it would seem you gave them the greatest satisfaction in affording them an opportunity to reinstate Lieutenant Simpson on board the Ranger. The Commissioners further order him to take the command of the Ranger, as her first Lieutenant, and to join me and to obey my orders, all which sufficiently evinces that Lieutenant Simpson is no longer considered as under suspension, and consequently cannot be responsible to a Court Martial for disobedience to written orders from you, from which he is amply released by your voluntary surrender of his parole. However, if this explanation, attempted to be made in the most candid manner, should not prove agreeable, I beg leave to refer you to the absolute impossibility of calling a Court Martial, agreeable to the resolves of Congress, and flatter myself that you will believe me to be, with due respect, Sir, your most obedient and most humble servant,

ABRAHAM WHIPPLE.

TO JOHN PAUL JONES.

Passy, August 22d, 1778.

Sir,

We have received your letter of the 15th, and have written to Captain Whipple to appoint a Court Martial for the trial of Lieutenant Simpson, provided there is a sufficient number of officers to constitute one. This, however, is not to make any change in his command of the Ranger until the trial is over; nor then, unless the judgment of that Court is against him.

We are, sir, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO COUNT DE VERGENNES.

Passy, August 28th, 1778.

Sir,

There are several subjects which we find it necessary to lay before your Excellency, and to which we have the honor to request your attention.

At a time when the circumstances of the war may demand the attention of government, and, without doubt, call for so great expense, we are sorry to be obliged to request your Excellency's advice respecting the subject of money; but the nature of the war in America, the vast extent of country to defend, and this defence having been made chiefly by militia engaged for short periods, which often obliged us to pay more men than could be brought into actual service; and above all, this war having been conducted in the midst of thirteen revolutions of civil government, against a nation very powerful both by sea and land, has occasioned a very great expense to a country so young, and to a government so unsettled. This has made emissions of paper money indispensable, in much larger sums than in the ordinary course of business is necessary, or than in any other circumstances would have been politic. In order to avoid the necessity of further emissions as much as possible, the Congress have borrowed large sums of this paper money of the possessors upon interest, and have promised the lenders payment of that interest in Europe, and we therefore expect, that vessels from America will bring bills of exchange upon us for that interest, a large sum of which is now due.

It is very, true that our country is already under obligations to his Majesty's goodness, for considerable sums of money; the necessities of the United States have been such, that the sums, heretofore generously furnished, are nearly if not quite expended, and when your Excellency considers, that the American trade has been almost entirely interrupted by the British power at sea, they having taken as many of our vessels as to render this trade more advantageous to our enemy than to ourselves; that our frigates and other vessels, which have arrived in this Kingdom, have cost us a great sum; that the provision of clothing and all the necessaries of war for our army, except such as we could make in that country, have been shipped from hence at our expense; that the expense we have been obliged to incur for our unfortunate countrymen, who have been prisoners in England, as well as the maintenance of those taken from the enemy has been very considerable; your Excellency will not be surprised when you are informed, that our resources are exhausted.

We, therefore, hope for the continuance of his Majesty's generosity, and that the quarterly payment of seven hundred and fifty thousand livres may be continued. And we assure your Excellency, that the moment we are furnished with any other means of answering this demand, we will no longer trespass on his Majesty's goodness.

We have further to inform your Excellency, that we are empowered and instructed by Congress, to borrow in Europe a sum of money to the amount of two millions sterling; which is to be appropriated to the express purpose of redeeming so many of the bills of credit in America, as will be sufficient, it is apprehended, to restore the remainder to their original value. We, therefore, request his Majesty's permission to borrow such part of that sum in his Majesty's kingdom, as we may find opportunity. Although we are empowered to offer a larger interest than is usually given, by his Majesty, yet that we may not be any interruption to his Majesty's service, we are willing and desirous of limiting the interest which we may offer, to the same that is given by his Majesty. And in this way, although most persons will choose to lend their money to his Majesty, yet there may be others desirous of forming connexions of trade with the people in America, who will be willing to serve them in this way. And perhaps nothing will have a greater tendency to cement the connexion between the two nations, so happily begun, or to insure to the French nation the benefits of the American trade, than something of this kind.

By the 8th article of the treaty of commerce, his Majesty has engaged to employ his good offices and interpositions with the Emperor of Morocco, and with the regencies of Algiers, Tunis, Tripoli, and the other powers on the coast of Barbary, in order to provide as fully as possible for the convenience and safety of the inhabitants of the United States, and their vessels and effects, against all violence, insults, attacks, or depredations on the part of the said princes.

We have received information, that there are already American vessels in Italy desirous of returning thence, and that there are merchants in Italy desirous of entering into the American trade, but that an apprehension of danger from the Corsairs of Barbary is a discouragement. We therefore request your Excellency's attention to this case, and such assistance from his Majesty's good offices, as was intended by the treaty.

There is another thing that has occurred of late, on which we have the honor to request your Excellency's advice. There are many Americans in England, and in other parts of Europe, some of whom are excellent citizens, and who wish for nothing so much as to return to their native country, and to take their share in her fortune, whatever that may be, but are apprehensive of many difficulties in recovering their property.

Whether it will be practicable and consistent with his Majesty's interest to prescribe any mode by which Americans of the above description may be permitted to pass through this Kingdom with their apparel, furniture, plate, and other effects, not merchandise for sale here, without paying duties, we submit to his wisdom.

We likewise request of your Excellency a passport for such cartel ship as shall be employed by the English in sending our people, who are their prisoners, to France to be exchanged. They propose Calais as the port at which the exchange may be made, but as the prisoners we have are at Brest, and the expense of removing them to Calais would be considerable, we should be glad that the passport would permit the landing of our people as near Brest as may be, without danger of inconveniency to the State.

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

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

DECLARATION Of Count de Vergennes, annulling the Eleventh and Twelfth Articles of the Commercial Treaty with France.

Translation.

The General Congress of the United States of North America having represented to the king, that the execution of the 11th article of the treaty of amity and commerce, signed the 6th of February last, might be productive of inconveniencies, and having, therefore, desired the suppression of this article, consenting in return that the 12th article shall likewise be of no effect; his Majesty, in order to give a new proof of his affection, as also of his desire to consolidate the union and good correspondence established between the two States, has been pleased to consider their representations. His Majesty has consequently declared, and does declare by these presents, that he consents to the suppression of the 11th and 12th articles aforementioned, and that it is his intention, that they be considered as having never been comprehended in the treaty signed the 6th of February last.

Done at Versailles, this 1st day of September, 1778.

GRAVIER DE VERGENNES.

DECLARATION Of the American Commissioners, annulling the Eleventh and Twelfth Articles of the same Treaty.

Translation.

The Most Christian King having been pleased to regard the representations made to him by the General Congress of North America, relating to the 11th article of the Treaty of Commerce, signed the 6th of February in the present year, and his Majesty having therefore consented that the said article should be suppressed, on condition that the 12th article of the same treaty be equally regarded as of none effect; the above said General Congress hath declared on their part, and do declare, that they consent to the suppression of the 11th and 12th articles of the above mentioned treaty, and that their intention is, that these articles be regarded as having never been comprised in the treaty signed the 6th of February. In faith whereof, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO M. DE BEAUMARCHAIS.

Passy, September 10th, 1778.

Sir,

In a letter we have received from the Committee of Commerce of the 16th of May, we are informed, that they had ordered several vessels lately to South Carolina for rice, and directed the continental agents in that State to consign them to our address.

In the letter from Mr Livingston to us, dated Charleston South Carolina, 10th June, 1778, he has subjected the cargo of the Therese to our orders.

In your letter to us, dated Passy, 8th September, 1778, you demand, that the cargo received in your own vessel should be sold, and the money remitted to you in part for a discharge of what is due to you by the Congress.

We are at a loss to know how you claim the Therese as your proper vessel, because M. Monthieu claims her as his, produces a written contract for the hire of her, part of which we have paid, and, the remainder he now demands of us. However, Sir, we beg leave to state to you the powers and instructions we have received from Congress, and to request your attention to them as soon as possible, and to inform you, that we are ready to enter upon the discussion of these matters, at any time and place you please.

But until the accounts of the company of Roderique Hortalez & Co. are settled for what is passed, and the contracts proposed either ratified by you and us, or rejected by one party, we cannot think we should be justified in remitting you the proceeds of the cargo of the Therese.

We will, however, give orders to our agents for the sale of the cargo, and that the proceeds of the sale be reserved to be paid to the house of Roderique Hortalez & Co. or their representative, as soon as the accounts shall be settled, or the contract ratified. By a copy of a contract between a committee of Congress and M. Francy, dated the 16th of April last, we perceive that the 17th article, respecting the annual supply of 24,000,000 of livres, shall not be binding upon either of the parties, unless the same shall be ratified by Roderique Hortalez & Co. and the Commissioners of the United States at Paris.

We take this opportunity to inform you, Sir, that we are ready to confer with Roderique Hortalez & Co. or any person by them authorised for this purpose, at any time and place, that they or you shall appoint.

We have the honor to be, Sir, your most obedient humble servants,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO M. DE SARTINE.

Passy, 10th September, 1778.

Sir,

Captain Daniel M'Neil of Boston, in the State of Massachusetts Bay, Commander of the American privateer, which has been so successful against the common enemy in the North Seas and White Seas, had the fortune to retake a French vessel from a Guernsey privateer, after she had been in the enemy's possession three days, which prize he has brought into Port Louis.

He represents to us, that he has met with some difficulties in disposing of her and her cargo, which cannot be removed until your Excellency's sentiments shall be known upon the matter.

We have the honor to recommend his case to your Excellency's consideration, and to request that such relief may be afforded him, as may consist with the laws of the State, and the treaties in force between the two nations.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO COUNT DE VERGENNES.

Passy, September 10th, 1778.

Sir,

By some of the last ships from America, we received from Congress certain powers and instructions, which we think it necessary to lay before your Excellency, and which we have the honor to do in this letter.

On the 13th of April last Congress resolved, "that the Commissioners of the United States in France be authorised to determine and settle with the house of Roderique Hortalez & Co. the compensation, if any, which should be allowed them on all merchandise and warlike stores, shipped by them for the use of the United States, previous to the 14th day of April, 1778, over and above the commission allowed them, in the 6th article of the proposed contract between the Committee of Commerce and John Baptiste Lazarus Theveneau de Francy."

In the letter of the Committee of Commerce to us, in which the foregoing resolution was enclosed, the Committee express themselves thus; "this will be accompanied by a contract entered into between John Baptiste Lazarus de Theveneau de Francy, agent of Peter Augustine Caron de Beaumarchais, representative of the house of Roderique Hortalez & Co. and the Committee of Commerce. You will observe, that their accounts are to be fairly settled, and what is justly due paid for, as on the one hand, Congress would be unwilling to evidence a disregard for, and contemptuous refusal of, the spontaneous friendship of His Most Christian Majesty, so on the other, they are unwilling to put into the private pockets of individuals, what was graciously designed for the public benefit. You will be pleased to have their accounts liquidated, and direct in the liquidation thereof, that particular care be taken to distinguish the property of the crown of France, from the private property of Hortalez & Co. and transmit to us the accounts so stated and distinguished. This will also be accompanied by an invoice of articles to be imported from France, and resolves of Congress relative thereto. You will appoint, if you should judge proper, an agent or agents to inspect the quality of such goods as you may apply for to the house of Roderique Hortalez & Co. before they are shipped, to prevent any impositions."

On the 16th of May last, Congress resolved, "that the invoice of articles to be imported from France, together with the list of medicines approved by Congress, be signed by the Committee of Commerce and transmitted to the Commissioners of the United States at Paris, who are authorised and directed to apply to the house of Roderique Hortalez & Co. for such of the said articles, as they shall have previously purchased or contracted for; that copies of the invoices be delivered to Mons. de Francy, agent for Roderique Hortalez & Co., together with a copy of the foregoing resolution; and that the articles to be shipped by the house of Roderique Hortalez & Co. be not insured, but that notice be given to the Commissioners in France, that they may endeavor to obtain convoy for the protection thereof."

We have the honor to enclose to your Excellency a copy of the contract made between the Committee and Mons. Francy, a copy of Mons. Francy's powers, and a copy of the list of articles to be furnished according to that contract, that your Excellency may have before you all the papers relative to this subject.

We are under the necessity of applying to your Excellency upon this occasion, and of requesting your advice. With regard to what is passed, we know not who the persons are who constitute the house of Roderique Hortalez & Co., but we have understood, and Congress has ever understood, and so have the people in America in general, that they were under obligations to his Majesty's good will for the greatest part of the merchandise and warlike stores heretofore furnished under the firm of Roderique Hortalez & Co. We cannot discover that any written contract was ever made between Congress or any agent of theirs, and the house of Roderique Hortalez & Co., nor do we know of any living witness, or any other evidence, whose testimony can ascertain to us, who the persons are that constitute the house of Roderique Hortalez & Co., or what were the terms upon which the merchandise and munitions of war were supplied, neither as to the price, nor the time, or conditions of payment. As we said before, we apprehend that the United States hold themselves under obligations to his Majesty for all those supplies, and we are sure it is their wish and their determination to discharge the obligation to his Majesty, as soon as Providence shall put it in their power. In the mean time, we are ready to settle and liquidate the accounts according to our instructions at any time, and in any manner which his Majesty and your Excellency shall point out to us.

As the contract for future supplies is to be ratified, or not ratified by us, as we shall judge expedient, we must request your Excellency's advice as a favor upon this head, and whether it would be safe or prudent in us to ratify it, and in Congress to depend upon supplies from this quarter. Because, if we should depend upon this resource for supplies and be disappointed, the consequences would be fatal to our country.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Versailles, 16th September, 1778.

Gentlemen,

I have received the letter, which you did me the honor to write to me on the subject of the French ship Isabella, which the American privateer General Mifflin recaptured from a Guernsey privateer.

In the General Thesis, you may see the disposition of the ordinance of the Marine of 1681, which adjudges to captains, captors of recaptured vessels, when they have been during twentyfour hours in the enemy's hands, a third for the charges of rescue, when they are retaken before the twentyfour hours. The American privateers shall enjoy in France, without difficulty, the benefit of this law, if it has been adopted by the United States in such a manner, as that the French privateers may be assured of experiencing the same treatment, with respect to the recaptures they may conduct into the ports of North America.

The English laws, on the contrary, grant a privateer only one eighth of the value of the vessels retaken within the first twentyfour hours, a fifth within the second day, a third within the third and fourth, and afterwards one half, which leaves at least, in every case, the other half to the losing proprietors. It is possible, that the United States, as these laws are less advantageous to the privateers and more favorable to the original proprietors of recaptured vessels, would give the preference to those of France.

In these circumstances, the rules of reciprocity observed between the two powers require that arrangements be taken to adopt the law of one of the two nations, which shall be observed by the respective privateers, and in the meantime I am persuaded, that you will think with me, that the American privateer, General Mifflin, ought not to exact in France other advantages than what, in a similar case, a French privateer would meet with in North America.

This discussion, moreover, should not take place perhaps in the particular affair in question. I am just informed, that the French proprietor claims his vessel as retaken from pirates, offering to pay a third of its value to the American privateer, which delivered it. This is agreeable to the 10th article, under the title of Prizes, of the ordinance of 1681, which appears justly applicable to this particular case. If it should be found, that the Guernsey privateer falls under the description of those pirates, whose depredations have obliged his Majesty to order general reprisals, and that she has not been furnished with new letters of marque, which the Court of London did not grant before the month of August, to cruise against French vessels, as appears from the declaration of the Captain of the Isabella, this question will be necessarily submitted to the decision of the tribunals; and I cannot do otherwise than see, that the most prompt justice be rendered to the American privateer. I request, at any rate, that you will be pleased to give me your opinion on the principal question, taking for granted the different laws of the two nations with respect to reprisals or rescues.

I have the honor to be, &c.

DE SARTINE.

TO M. DE SARTINE.

Passy, 17th September, 1778.

Sir,

We have this morning the honor of receiving your Excellency's letter of the 16th, relative to the French brigantine, the Isabella, retaken by the American privateer, the General Mifflin, from a Guernsey privateer, after having been eight hours in his hands.

We have the honor to agree perfectly with your Excellency, in your sentiments of the justice and policy of the principle of reciprocity between the two nations, and that this principle requires that French ships of war, or privateers, should have the same advantage in case of prizes and recaptures, that the American privateers enjoy in France.

We are so unfortunate, at present, as to have no copy of any of the laws of the United States relative to such cases, and are not able to recollect, with precision, the regulations in any of them. But we are informed by Captain M'Neil, that by the law of Massachusetts Bay, if a vessel is taken within twentyfour hours, one third goes to the recaptors; after twentyfour hours until seventytwo hours, one half; after seventytwo hours and before ninetysix hours, three quarters; and after ninety six hours, the whole.

All that we have power to do in this case is, to convey to Congress a copy of your Excellency's letter, and of our answer, and we have no doubt but Congress will readily recommend to the several States to make laws, giving to French privateers either the same advantages that their own privateers have in such cases, in their own ports, or the same advantages that the French privateers enjoy in the ports of this kingdom in such cases, by the ordinance of the King. And we wish your Excellency would signify to us, which would probably be most agreeable to his Majesty. If the case of this vessel must come before the public tribunal, upon the simple question, whether she was taken from a pirate or not, that tribunal we doubt not will decide with impartiality; but we cannot refrain from expressing to your Excellency, that we think the original owner will be ill advised if he should put himself to this trouble and expense.

We presume not to dispute the wisdom of the ordinance of the King, which gives to the recaptor from a pirate only one third; because we know not the species of pirates which was then in contemplation, nor the motives of that regulation. But your Excellency will permit us to observe, that this regulation is so different from the general practice, and from the spirit of the laws of nations, that there is no doubt it ought to receive a strict interpretation, and that it is incumbent on the original proprietor to make it very evident, that the first captor was a pirate.

In the case in question, the Guernsey privateer certainly had a commission from the King of Great Britain, against American vessels at least. But admitting, for argument's sake, that he had no commission at all, the question arises, whether the two nations of France and England are at war or not. And, although there has been no formal declaration of war on either side, yet there seems to be little doubt that the two nations have been at actual war, at least from the time of the mutual recall of their Ambassadors, if not from the moment of the British King's most warlike speech to his Parliament.

Now, if it is admitted that the two nations are at war, we believe it would be without a precedent in the history of jurisprudence to adjudge the subject of any nation to be guilty of piracy for an act of hostility, committed at sea against the subject of another nation at war. Such a principle, for what we see, would conclude all the admirals and other officers of both nations guilty of the same offence.

It is not the want of a commission, as we humbly conceive, that makes a man guilty of piracy; but committing hostilities against human kind, at least against a nation not at war.

Commissions are but one species of evidence that nations are at war. But there are many other ways of proving the same thing.

Subjects and citizens, it is true, are forbidden by most civilized nations to arm vessels for cruising against their enemies, without a commission from the sovereign; but it is upon penalty, of confiscation or some other, perhaps, milder punishment, not on the penalties of piracy.

Moreover, perhaps, prizes made upon enemies by subjects or citizens, without commission from their sovereigns, may belong to the sovereigns, not to the captors, by the laws of most nations; but, perhaps, no nation ever punished as pirates their own subjects or citizens, for making a prize from an enemy without a commission.

We beg your Excellency's pardon for detaining you so long from objects of more importance, and have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO THE PRESIDENT OF CONGRESS.

Passy, 17th September, 1778.

Sir,

The last letter which we have had the honor to write jointly to Congress, was of the 20th of July,[52] and as we have sent several copies of it by different opportunities, we hope one of them, at least, will get safe to hand. Since our last, there has been an important action at sea, between two very powerful fleets, in which, in our opinion, the French had a manifest and great advantage. But as all the newspapers in Europe are full of this transaction, and we have taken, in our separate capacities, every opportunity to transmit these papers to Congress, we think it needless to be more particular concerning that event in this letter.

The French fleet, on the 11th of last month, again put to sea, and on the 22d Admiral Keppel sailed. By the best intelligence from London the populace are amused, and the public funds are supported by hopes given out, by administration of peace, by an acknowledgment of American independency. But as the credulity of that nation has no bounds, we can draw no inference from this general opinion, that such is the intention of government. We suppose that rumor to be a consequence of the mischievous determination of the Cabinet, to propose independence on condition of a separate peace.

We are here, at this moment, in a state of the most anxious and critical suspense, having heard nothing from Count d'Estaing, nor from America, since the 11th of July.

Congress will be informed by Mr Arthur Lee, respecting the Court of Spain.

We have taken measures in Amsterdam for borrowing money of the Dutch, but what success we shall have we cannot yet say. We have also asked leave of this government to borrow money in this kingdom, but having no answer we cannot say whether we shall get permission or not. We have yesterday applied for a continuation of the quarterly payment of seven hundred and fifty thousand livres; what the answer will be we know not; if it is in the negative, the consequence must be plain to Congress and to us. It is at all times wisest and safest, both for the representative and his constituent, to be candid, and we should think ourselves criminal if we should disguise our just apprehensions.

Congress then will be pleased to be informed, that all the powers of Europe are now armed or arming themselves by land or sea, or both, as there seems to be a universal apprehension of a general war. Such is the situation of European nations at least, that no one can arm itself without borrowing money. Besides this, the Emperor and king of Prussia are at actual war. All this together has produced this effect, that France, England, the Emperor, Spain, Russia at least, are borrowing money, and there is not one of them that we can learn, but offers better interest than the United States have offered. There can be no motive then but simple benevolence to lend to us.

Applications have been frequently made to us by Americans, who have been some time abroad, to administer the oath of allegiance to the United States, and to give them certificates that they have taken such oaths. In three instances we have yielded to their importunity; in the case of Mr Moore, of New Jersey, who has large property in the East Indies, which he designs to transfer immediately to America,—in the case of Mr Woodford, of Virginia, a brother of General Woodford, who has been sometime in Italy, and means to return to America with his property,—and yesterday, in the case of Mr Montgomery, of Philadelphia, who is settled at Alicant, in Spain, but wishes to send vessels and cargoes of his own property to America. We have given our opinions to these gentlemen frankly, that such certificates are in strictness legally void, because there is no act of Congress that expressly gives us power to administer oaths. We have also given two or three commissions by means of the blanks with which Congress intrusted us, one to Mr Livingston, and one to Mr Amiel, to be Lieutenants in the navy, and in these cases we have ventured to administer the oaths of allegiance. We have also, in one instance, administered the oath of secrecy to one of our Secretaries, and perhaps it is necessary to administer such an oath, as well as that of allegiance, to all persons whom we may be obliged in the extensive correspondence we maintain to employ. We hope we shall not have the disapprobation of Congress for what in this way has been done, but we wish for explicit powers and instructions upon this head.

There are, among the multitude of Americans who are scattered about the various parts of Europe, some, we hope many, who wish to take the oath of allegiance, and to have some mode prescribed by which they may be enabled to send their vessels and cargoes to America with safety from their own friends, American men of war, and privateers. Will it not be practicable for Congress to prescribe some mode of giving registers of ships, some mode of evidence to ascertain the property of cargoes, by which it might be made to appear to the cruisers and Court of Admiralty, that the property belonged to Americans abroad? If Congress should appoint Consuls, could not such power be given to them, or would Congress empower their Commissioners or any others? Several persons from England have applied to us to go to America; they profess to be friends to liberty, to republics, to America; they wish to take their lot with her, to take the oath of allegiance to the States, and to go over with their property. We hope to have instructions upon this head, and a mode pointed out for us to proceed in.

In observance of our instructions to inquire into M. Holker's authority, we waited on his Excellency, the Count de Vergennes, presented him with an extract of the letter concerning him, and requested to know what authority M. Holker had. His Excellency's answer to us was, that he was surprised, for that M. Holker had no verbal commission from the ministry; but that M. de Vergennes, being informed that M. Holker was going to America, desired him to write to him, from time to time, the state of things and the temper of the people.

We have given orders to M. Bonfield, at Bordeaux, to ship to America twentyeight 24 pounders, and twentyeight 18 pounders, according to our instructions. By his answer to us it will take some little time, perhaps two or three months, to get those cannon at a good rate, and in good condition.

Our distance from Congress obliges us very often to act without express instructions, upon points in which we should be very glad to have their orders. One example of which is, the case of the American prisoners in England. Numbers have been taken and confined in gaols; others, especially masters of vessels, are set at liberty. We are told there are five hundred yet in England. Many have escaped from their prisons, who make their way to Paris, some by the way of Holland, others by Dunkirk, and others by means of smuggling vessels in other ports in this kingdom. They somehow get money to give gaolers in order to escape, then they take up money in England, in Holland, in Dunkirk, and elsewhere, to bear their expenses to Paris, then they apply to us to pay their other expenses, and expenses to Nantes, Brest, and other seaport towns. When arrived there, they apply to the American agent for more money; besides this, bills of their drawing are brought to us from Holland, and other places; all this makes a large branch of expense. We have no orders to advance money in these cases, yet we have ventured to advance considerable sums; but the demands that are coming upon us from all quarters are likely to exceed so vastly all our resources, that we must request positive directions whether we are to advance money to any prisoners whatever. If to any, whether to merchants, and seamen of private vessels, and to officers and crews of privateers, as well as to officers and men in the Continental service. We have taken unwearied pains, and have put the United States to very considerable expense, in order to give satisfaction to these people, but all we have done has not the effect; we are perpetually told of discontented speeches, and we often receive peevish letters from these persons in one place and another, that they are not treated with so much respect as they expected, nor furnished with so much money as they wanted. We should not regard these reflections if we had the orders of Congress.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

FOOTNOTES:

M. NECKER TO THE COUNT DE VERGENNES.

Translation.

Paris, September 18th, 1778.

Sir,

I conclude from your note of the 5th instant, that the Commissioners of the North American Congress have informed you, that there are many Americans in England, and other parts of Europe, who, desirous of returning to their country, have requested permission to transport their effects through France, without being subjected to the payment of duties.

Such an exemption would be contrary to all rule, and could only be granted by means of passports, which would indemnify the public chest; you will doubtless see that such is not the case here.

This favor, however, can be shown them. The transit regularly gives occasion for a duty on the importation, and a second on the exportation; only one of these shall be imposed; it shall be paid at the office of entry; the effects shall be estimated at a very moderate rate if they are not new; they shall then be transported with free permits, and under seal, to secure them from new examinations on the route, until they leave the kingdom. I think you will agree, that it would not be possible to grant them more favorable terms. I beg you to request the Commissioners to make known to us those Americans, for whom this favor is requested, that I may give the necessary orders, and prevent all abuses in this respect.

I have the honor to be, &c.

NECKER.

TO THE AMERICAN PRISONERS IN PLYMOUTH, OR ELSEWHERE IN GREAT BRITAIN.

Passy, September 20th, 1778.

Gentlemen,

Although we have not written to you directly for some time, you may be assured we have not been unmindful of your interests, your comfort, or your liberty. We have been engaged a long time in negotiating a cartel of exchange. This work we found attended with many difficulties, but at last have obtained assurances from England, that an exchange shall take place. We have also obtained from the government of this kingdom, a passport for a vessel to come from England to Nantes, or L'Orient, with American prisoners, there to take in British prisoners in exchange. We now sincerely hope that you will obtain your liberty. We cannot certainly say, however, that all will be immediately exchanged, because we fear we have not an equal number to be sent to England. Those that remain, if any, will be those who have been the latest in captivity, and consequently have suffered the least.

While the British government refused to make any agreement of exchange, the Commissioners here never discouraged their countrymen from escaping from the prisons in England, but on the contrary have lent several sums of money, sufficient with great economy to bear their expenses to some seaport, to such as have made their way hither. But, if the British government should honorably keep their agreement to make a regular exchange, we shall not think it consistent with the honor of the United States to encourage such escapes, or to give any assistance to such as shall escape. Such escapes, hereafter would have a tendency to excite the British administration to depart from the cartel, to treat the prisoners remaining with more rigor, and to punish those that escape, if retaken, with more severity.

On the other hand, we have now obtained permission of this government to put all British prisoners, whether taken by continental frigates or by privateers, into the King's prisons, and we are determined to treat such prisoners precisely as our countrymen are treated in England, to give them the same allowance of provisions and accommodations and no other. We, therefore, request you to inform us with exactness what your allowance is from the government, that we may govern ourselves accordingly.

We have the honor to be, with much respect and affection, your countrymen and humble servants,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Versailles, September 21st, 1778.

Gentlemen,

I have had the honor of receiving your note of the 17th instant. I have no doubt that my observations on the necessity of a perfect reciprocity between the two nations, in regard to recaptures at sea, appear to you just. I am sorry that you have not at hand a copy of the laws of the United States relative to this subject. Many difficulties, which the distance of the two countries may render very frequent, might thus have been prevented. The laws of Massachusetts Bay, referred to by Captain M'Neil, are different from those of England, and somewhat resemble the French. The English regulations seem to be more favorable to the interests of commerce, (which should never be lost sight of even in war,) by allowing half of the vessel in all cases to the original owner. But it is particularly important, that the different States should adopt some uniform and permanent system in regard to this subject, so that there may not be different regulations for each State, which the ignorance of the commanders of privateers will prevent them from applying to different circumstances, thus giving rise to difficulties, which might be avoided by uniform legislation.

With regard to the recapture of the Isabella by Captain M'Neil, I have merely indicated to you the grounds on which the owners rested their claims in their letter to me. It is not the province of the government to examine them; that matter comes under the jurisdiction of the courts; if their sentence should be unfavorable to the original owners, you will certainly agree that a third, or even a half, of the value of the vessel ought to be deposited in the hands of a public officer appointed for that purpose, until the two nations shall agree upon some reciprocal regulations concerning vessels recaptured from the common enemy.

I have the honor to be, &c.

DE SARTINE.

M. DE SARTINE TO COUNT DE VERGENNES.

Translation.

Versailles, September 21st, 1778.

Sir,

I have had the honor to receive your note of the 5th instant, informing me of the wish of the Commissioners of the United States of North America to engage your good offices with the king, that the necessary measures may be taken to fulfil his Majesty's engagements, under the 8th article of the treaty of February 6th of the present year, in reference to the Barbary Powers. I have examined the article, and find that the king promised to employ his mediation, with the Emperor of Morocco, and the other Barbary Powers, in order to provide as fully as possible for the interest and security of the citizens of the United States, and the protection of their vessels and effects against all violence, insult, attacks, or depredations by the said Barbary Powers or their subjects.

From the nature of this engagement, it appears to me proper to use all means to comply with it, notwithstanding any difficulties which seem to lie in the way; but before presenting any plan to his Majesty, it seems to me necessary to inform him of the actual dispositions of the United States, and of the measures they may deem desirable on the part of France.

Do the United States wish to conclude treaties with the Barbary Powers, or do they wish merely that our influence should be exerted to make their flag respected by those powers? In the latter case we should never succeed, or if we should obtain liberty of commerce for the United States from some of them, it would be an illusory, temporary, and precarious permission, and would infallibly expose us, without being of the least benefit to the citizens of the United States. The Algerines, in particular, would never acknowledge the flag of the United States, unless it were made for their interests to do so.

You know too well, Sir, the character of the Barbary States, and their policy, to be ignorant of the inefficacy and dangers of such a measure. It would probably be less difficult to induce them to acknowledge the independence of the United States, and to conclude treaties with this new power. It is necessary to know beforehand, what are the instructions of the Commissioners, and whether they are authorised to negotiate with the Barbary Powers, under the mediation of France. If Congress has this intention, then I could receive the orders of the king to give the Commissioners the information necessary for entering upon a negotiation with the Barbary Powers, and we should be able to concert effectual measures for succeeding in this object, without exposing our own interests for those of the United States. This negotiation will be long and arduous, but I will neglect nothing to assure its success, if the Congress determine to prosecute it, and you consider the king pledged to forward it. I shall wait for your reply before making any overtures.

I have the honor to be, &c.

DE SARTINE.

TO THE PRESIDENT OF CONGRESS.

Passy, 22d September, 1778.

Sir,

This will be delivered to you by Mr Jonathan Loring Austin, who was sent the last year express to France, with the news of the convention of Saratoga. He has resided chiefly in this kingdom from that time, and has been employed in the service of the public a part of the time, and his behavior from first to last has given entire satisfaction to us. We think it our duty, therefore, to recommend him to Congress as a gentleman of merit, of ability and diligence in business, zealously attached to the cause of his country, and of exemplary prudence and decency.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

E. T. VAN BERCKEL TO M. DUMAS.

Translation.

Amsterdam, September 23d, 1778.

Sir,

I have the honor to transmit to you herewith the declaration, which I am authorised to make, in order to prevent any mistake as to the intentions of the burgomasters of the city of Amsterdam; since it will be made evident by the above mentioned declaration, that they have not the absurd design of concluding a convention independently of their High Mightinesses, but only to make such preparations as are possible to accelerate the conclusion of a treaty of commerce, when the opportunity shall present. It is plain, that a treaty of commerce cannot be concluded, unless the principal commercial city of the republic gives its consent thereto, and that it cannot give its consent without having examined the terms. This examination may as well precede, as follow the acknowledgment of the independence of America by the English, in which case we should gain much time.

With regard to the terms, I will explain my own views, Sir, in a very few words, viz. that, in general, we should grant each other mutually all the facilities necessary to render commerce as free as possible, and that for this purpose we should take the treaty between France and America as the basis, changing nothing except those provisions, which cannot be applicable in the republic.

If this principle accord with the views of Congress on this subject, I will have the above mentioned treaty examined by experienced merchants, and communicate to you their opinion with regard to the additions, or omissions, necessary to negotiate a treaty of commerce between the republic and the United States of America on that basis.

If you wish for any further explanations, I beg you, Sir, to give me information, but I think the views I have proposed so simple, that nothing further will be necessary.

I have the honor to be, Sir, &c.

E. T. VAN BERCKEL.

Declaration of E. T. Van Berckel.

Translation.

Amsterdam, September 23d, 1778.

The undersigned, Pentionary of the city of Amsterdam has the honor to make known to those who are duly authorised by the Congress of the United States of America, that he is empowered by the Burgomasters of the aforementioned city, to declare in their names, that, provided the said Congress do not enter into any engagements with the English Commissioners, which may be hurtful or prejudicial to the commerce of the republic of the United Provinces, directly or indirectly, the aforesaid Burgomasters on their side will be entirely disposed, as far as depends on them, so to direct the course of affairs, that whenever the independence of the said United States of America shall be recognised by the English, a perpetual treaty of amity shall be concluded between this republic and the aforesaid United States, containing the most extensive reciprocal advantages in relation to the commerce of the subjects of the two powers.

The undersigned has the honor further to declare, that it is the will of said Burgomasters, that this declaration may be employed, as shall be thought expedient, with the necessary precaution that it shall not come to the knowledge of those interested, to prevent, if possible, or at least to obstruct the execution of a plan, which has no other object than to promote mutual happiness and the true interests of the two republics.

E. T. VAN BERCKEL.

COUNT DE VERGENNES TO THE COMMISSIONERS.

Translation.

Versailles, September 24th, 1778.

Gentlemen,

By your note of the 28th of August, you requested free entry, with exemption from all duties, of the effects of many Americans in Europe, desirous of returning to their country. I have communicated your request to M. Necker, and send you herewith his reply. You will see in it the reasons which render it impossible to comply with your wishes, and the arrangements which can be made to favor the Americans, who wish to send their effects to America by the way of France.

I have the honor to be, Gentlemen, &c.

DE VERGENNES.

TO WILLIAM LEE.

Passy, September 26th, 1778.

Sir,

We have considered, with some attention, the papers which you have laid before us, containing a project of a treaty to be made between the republic of the United Provinces, and that of the United States of America.

As Congress have intrusted to us the authority of treating with all the States of Europe, excepting such as have a particular commission designed by Congress to treat with them; and as no particular Commissioner has been appointed to treat with their High Mightinesses, we have already taken such measures as appeared to us suitable to accomplish so desirable a purpose, as a friendship between nations so circumstanced as to have it in their power to be extremely beneficial to each other in promoting their mutual prosperity. And we propose to continue our endeavors in every way consistent with the honor and interest of both.