THE CORRESPONDENCE OF THE COMMISSIONERS AT THE COURT OF FRANCE. (continued 5)

But we do not think it prudent, for many reasons, to express at present any decided opinion concerning the project of a treaty, which you have done us the honor to communicate to us.

We cannot, however, conclude without expressing our real disposition to treat upon an object, which, besides laying the foundation of an extensive commerce between the two countries, would have a very forcible tendency to stop the effusion of human blood, and prevent the further progress of the flames of war.

We have the honor to be, with the utmost respect, Sir, your most obedient humble servant,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO RALPH IZARD.

Passy, 26th September, 1778.

Sir,

Last evening we had the honor of an answer from the Count de Vergennes to our letter respecting your goods. We enclose a copy of it to you, and believe it will be advisable for you to wait on M. de Sartine; perhaps he may, at first, recollect the article of the treaty, as M. de Vergennes appears not to have done.

We have the honor to be, with great respect, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO COUNT DE VERGENNES.

Passy, September 26th, 1778.

Sir,

We had last evening the honor of your Excellency's letter of the 24th of this month, in answer to ours of the 28th ult. relative to the liberty for Americans to pass through this kingdom with their effects in their way home, duty free, enclosing a copy of a letter from M. Necker to your Excellency upon the same subject. We shall take the liberty to pursue the rules prescribed by M. Necker, as there may be occasion.

At the same time we had the honor of your Excellency's letter of the 25th, relative to Mr Izard's goods.

The question your Excellency mentions, we apprehend cannot arise in this case, whether an enemy's ship makes merchandise the enemy's, because by the 16th article of the treaty of commerce, your Excellency will recollect, "that an exception is made of such goods and merchandise as were put on board such ships before the declaration of war, or after such declaration, if it were done without the knowledge of such declaration. Ignorance of the declaration of war not to be pleaded after two months."

Mr Izard's goods were shipped before any declaration of war, or at least, two months had not passed away after the first appearance of war, and before they were shipped.

We have referred Mr Izard to his Excellency M. de Sartine, and shall have the honor to apply to him ourselves, according to your Excellency's advice, as early as possible.

We have the honor to be, with the most perfect consideration, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO M. DE SARTINE.

Passy, September 26th, 1778.

Sir,

The honorable Ralph Izard, Minister from the United States to the Grand Duke of Tuscany, having ordered his baggage to Italy from London, has had the luck to have it taken in an English vessel, and carried into Marseilles. We have written to the Count de Vergennes on the subject, who referred us to your Excellency.

We apprehend, that by the 16th article of the treaty of commerce, Mr Izard has a clear right to a restitution of his goods. But perhaps it will be necessary for your Excellency to transmit to Marseilles a copy of the treaty, or some order relative to this property of Mr Izard, which we have the honor to request.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

COUNT DE VERGENNES TO THE COMMISSIONERS.

Translation.

Versailles, September 27th, 1778.

Gentlemen,

In your letter of the 28th ult. you remind me of the promise of the king, by the 8th article of the treaty of amity and commerce, signed the 6th of February last, to use his exertions with the Barbary Powers to provide for the security of the commerce and navigation of the citizens of the United States in the Mediterranean. I have communicated your request to M. de Sartine, to whose department it belongs, and you will see by the reply of that minister, of which I send you a copy, that he considers it reasonable, but requires further explanations before he can receive the orders of the king on this matter. I beg you gentlemen, to have the goodness to communicate them to me, and to be assured that the king will cheerfully do all in his power to satisfy the wishes of the United States, and promote their views with the different Barbary powers.

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

DE VERGENNES.

TO M. DE SARTINE.

Passy, September 27th, 1773.

Sir,

We have received the letter, which your Excellency did us the honor to write to us on the 21st inst. relative to the Isabella, retaken from a Guernsey privateer, by Captain M'Neil, in the General Mifflin.

It is extremely probable, that Count d'Estaing has retaken several American vessels from the English; we shall no doubt soon have intelligence what has been done in those cases.

We have advised Captain M'Neil to leave one third of the produce of the Isabella in the hands of such public officer, as your Excellency shall point out, to be repaid to him, or restored to the original proprietor of the Isabella hereafter, according to the rule which, shall be adopted by the two nations, and to this Captain M'Neil has agreed. Captain M'Neil will have the honor of delivering this letter to your Excellency, and is ready to give your Excellency any assurance you may require of him, and to take the charge of your despatches respecting this affair; if your Excellency is disposed to do him the honor to trust them to his care.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO M. DUMAS.

Passy, September 27th, 1778.

Sir,

We received yours in which you hint, that it is wished by some of our friends, that the Commissioners would propose a treaty to your government. It would really be a great pleasure to them to be instrumental in cementing a union between the two republics of Holland and the United States, by a treaty of amity and commerce, similar to that lately concluded with France, or varying where circumstances might require it. But having received no answer from the Grand Pentionary to a letter they respectfully wrote to his Excellency some months since, expressing their disposition to such a good work, they apprehend that any further motion of that kind, on their part, would not at present be agreeable; though they still hold themselves ready to enter upon such a treaty, when it shall seem good to their High Mightinesses.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO WILLIAM BINGHAM.

Philadelphia, September 28th, 1778.

Sir,

Your several favors up to the 28th of July came duly to our hands, and, having been communicated to Congress, were received as agreeable proofs of your regular correspondence. The papers which you enclosed are with the Marine Committee, who will doubtless take occasion soon to report upon the contents. This will be conveyed to you in a small schooner, which, perhaps is not fit for a winter's return to this coast. You will determine in conjunction with the Captain, whether to send her back immediately, or to make the best use of her for the public in your neighborhood, till a proper month for her return. She is confided thus to your discretion.

No absolute judgment can at this instant be formed of the intended movements of the enemy. A course of Dunlap's papers will convey to you a general insight into the posture of our military affairs. It is not probable that any considerable decision in the field will take place this fall; and the councils in Britain appear to be for relinquishing the mad project of subjugating us by arms.

It was to give conveyance to the letters of the French Minister, that the bearer was at this season despatched to Martinique; so that you will get further information of our affairs through the General, with whose confidence you are so much honored. You will herewith receive the second volume of the Journals of Congress, but lately published. And as it was uncertain whether you had ever received the first, that also is sent; the index at least will be new to you, and serviceable.

We are, Sir, &c.

R. H. LEE, JAMES LOVELL.

TO COUNT DE VERGENNES.

Passy, 1st October, 1778.

Sir,

We have received the letter, which your Excellency did us the honor to write to us on the 27th of last month, together with a copy of a letter from the Minister of the Marine to your Excellency, of the 21st of the same month.

Convinced of the propriety of those eclaircissements which his Excellency demands, we had recourse to our various instructions from Congress, and although we have power and instructions to treat and conclude treaties with all the European Powers, to whom no particular Minister has been sent by Congress, yet we cannot find that our powers extend to conclude treaties with the Barbary States.

We are, nevertheless, instructed to endeavor to obtain passes for vessels of the United States and their subjects from those powers, through the mediation and influence of His Most Christian Majesty, which we therefore request his Excellency to endeavor to procure, provided he sees no danger in the attempt, or material objections to it.

We have, however, the honor to agree with his Excellency in opinion, that an acknowledgment of the independence of the United States, on the part of these powers, and a treaty of commerce between them and us, would be beneficial to both, and a negotiation to that end not unlikely to succeed; because there has been heretofore some trade between them and us, in the course of which our people and vessels were well received.

We therefore submit to his Excellency's judgment, either to commence a negotiation for passes for American vessels immediately, or to wait until we can write to Congress, and obtain power to treat with those States, and conclude treaties of commerce with them, when we shall request to commence and conclude the negotiation through the mediation and under the auspices of his Majesty. We have the honor to request his Excellency's advice hereupon.

We address this to your Excellency, as we have done many other things, which we suppose may be referred to other departments, because your Excellency being the Minister for Foreign Affairs, we have understood that we have no right to apply in the first instance to any other. But if we have been misinformed and ill-advised in this, and there is no impropriety in our making immediate application to other Ministers, upon subjects we know to be in their departments, we request your Excellency to give us an intimation of it; and for the future we will avoid giving unnecessary trouble to your Excellency.

We have the honor to be, with sentiments of most entire respect,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO M. DE SARTINE.

Passy, October 2d, 1778.

Sir,

We have the honor of your Excellency's letter of yesterday's date, requiring us to give to the Sieur Fagan all the security in our power for these vessels to transport the merchandise of France to England.

We have the honor to acquaint your Excellency, that we have accordingly given the Sieur Fagan three different requests in writing, to all commanders of American armed vessels to let the said vessels and cargoes pass without molestation, which was all the security that the laws of our country have empowered us to give.

We have the honor to be, with most entire consideration, your Excellency's most obedient servant,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

M. DE SARTINE, TO THE COMMISSIONERS.

Translation.

Versailles, October 7th, 1778.

Gentlemen,

I have had the honor, to receive your letter of the 26th ult., in which you support the pretensions of Mr Izard, Minister of the United States for Tuscany, who claims the effects captured in the English ship, the Nile, by the Cesar privateer from Marseilles. You have made a mistake in citing the 16th article of the treaty between his Majesty and the United States; the 14th article relates particularly to the subject. It contains, however, only the usual provisions of commercial treaties, founded on the law of nations, and I cannot see that it applies rigorously to the present case. Mr Izard is not named in the account of the goods of which he demands the restoration. There are no papers, which prove that those articles, shipped by an Englishman, addressed to Senior Martinelli for the Abbe Niccoli, are not on account of English subjects. If the government had the decision of the question without the interference of the Court, certainly, Gentlemen, your assertion and that of Mr Izard would be of very great weight. But his Majesty has granted to the captors the whole of the property captured; the Board of Prizes has adjudged the ship Nile a lawful capture, by their decree of the 20th ult.

Placed between the Prize Court, the captors, and the claimant, the government cannot undertake to decide on this subject; it could pursue that course only in case the laws were not applicable to the point in question; but here the laws are known, they decide on claims for goods shipped before the commencement of hostilities; and in having recourse to the tribunals, Mr Izard may expect from them all the justice and favor, which the citizens of the United States will always experience in France.

I have the honor, &c.

DE SARTINE.

THE AMBASSADOR OF NAPLES TO THE COMMISSIONERS.

Translation.

Paris, 8th October, 1778.

Gentlemen,

I am persuaded that you already know that the king of the Two Sicilies, my master, has ordered the ports of all his dominions to be kept open to the flag of the United States of America, for which reason, to avoid every possible mistake at this time, when the seas are covered with the privateers of different nations, and likewise with pirates, I request you to inform me of the colors of the flag of the United States of America, and likewise of the form of the clearances, the better to know the legality of the papers which it is customary to present in ports, to gain free admission.

I have the honor to be, &c.

THE AMBASSADOR OF NAPLES.

TO THE AMBASSADOR OF NAPLES.

Passy, 9th October, 1778.

Sir,

We are this moment honored with your Excellency's letter of the 8th of this month, and we thank your Excellency for the information, that his Majesty the king of the Two Sicilies, has ordered the ports of his dominions to be open to the flag of the United States of America. We should be glad to have a copy of his Majesty's edict for that purpose, in order to communicate it to Congress, who we are confident will be much pleased with this mark of his Majesty's benevolence.

It is with pleasure that we acquaint your Excellency, that the flag of the United States of America consists of thirteen stripes, alternately red, white, and blue; a small square in the upper angle, next the flag-staff, is a blue field with thirteen white stars, denoting a new constellation.

Some of the States have vessels of war distinct from those of the United States; for example, the vessels of war of the State of Massachusetts Bay have sometimes a pine tree, and those of South Carolina, a rattlesnake, in the middle of the thirteen stripes. Merchant ships have often only thirteen stripes, but the flag of the United States ordained by Congress, is the thirteen stripes and thirteen stars above described.

The commissions of ships of war belonging to the United States, as well as those of privateers, are all signed by the President of Congress, and countersigned by the Secretary. Each State may have a different method of clearing vessels, outward bound, and a different form in the papers given, therefore we are not able to give your Excellency certain information respecting all of them. The Massachusetts Bay has only a naval officer in each port, who subscribes a register, a clearance, and a pass for the Castle in Boston harbor.

We have the honor to be, &c.

B. FRANKLIN, JOHN ADAMS.

TO M. DE SARTINE.

Passy, 12th October, 1778.

Sir,

The letter your Excellency did us the honor to write to us the 7th of this month we duly received.

In our letter of the 26th of last month, respecting the goods of Mr Izard, on board the Nile, we cited the 16th article of the treaty of commerce, in support of Mr Izard's claim, which your Excellency thinks an error, and that it is the 14th article which most nearly relates to his case. We cited the article as it stood in the original treaty, where it is the 16th. Your Excellency cites it as it stands in the treaty now agreed to be amended, leaving out two articles, the 11th and 12th. But your Excellency and we mean all the same article, which appears to us to apply to Mr Izard's case, as clearly, strictly and fully, as it could have been contrived to do, if his case had been in contemplation at the time when the treaty was made, and specially meant to be provided for. The words of the article are, "that such goods as were put on board any ship belonging to an enemy before the war, or after the declaration of the same, without the knowledge of it, shall no ways be liable to confiscation, but shall well and truly be restored, without delay, to the proprietor, demanding the same. Ignorance of the declaration of war, not to be pleaded more than two months after the declaration."

Now by the bill of lading, which we had the honor to enclose to your Excellency, it appears, that the goods were shipped in the month of April last; at a time when certainly two months had not elapsed from and after the declaration of war. But if other evidence of this fact, viz. the time when these goods were shipped, is necessary, Mr Izard can certainly obtain it from England, although it would be attended with a good deal of trouble and expense.

As to the question, whether the goods are Mr Izard's property or not, Mr Izard, in a letter to us dated the 10th of this month, assures us, that his name is in many of the books, and that one of the boxes contains a great number of his papers with his name upon them. That the testimony of his merchant in London, who shipped the things, shall be procured, if necessary, and likewise that of the merchant in Leghorn, and the Abbe Niccoli, to whom they are addressed.

We are only desirous of what is right, and as we hold ourselves bound to do all in our power to assist our fellow citizens in maintaining their rights, and of omitting no advantage that they are entitled to by the treaty, and as the treaty is so express that goods so circumstanced shall be restored without delay, and upon demand; and as Mr Izard apprehends he ought not to be put to the trouble, delay, and expense of a lawsuit on this occasion, we have thought it our duty to write again to your Excellency on the subject.

We are sensible, that his Majesty has granted the whole of the property, which shall be taken from the enemy and shall be lawful prize, to the captors, and the encouragement of adventurers in this way is of so much importance to our country, as well as to this, that we wish them to enjoy all the profits and advantages of their prizes. But the captors in this case must be sensible, that the goods belonged to a friend, not an enemy, and therefore not included in his Majesty's grant.

We beg leave to lay another subject before your Excellency. There are, we are informed, on board the Fox and the Lively, as there are in almost every ship in Admiral Keppel's and Lord Howe's fleets, numbers of American seamen, who abhor the service into which, by one of the most extravagant flights of tyranny and cruelty that ever was heard of among men, they have been forced and compelled to fight against their country and their friends. These seamen we should be glad to deliver from the prisons in this kingdom, and from a misery and captivity infinitely more detestable on board of British men of war. We, therefore, beg leave to propose to your Excellency, that an inquiry be made, and a list taken of the natives of America among the crews of the Fox and Lively, and the men delivered to us. This would be attended with many happy consequences. It would relieve many of our countrymen from present confinement, and the most dismal prospects, and would furnish our vessels with a number of excellent sailors. It may be proper to inform your Excellency, that before this war began, one third part of the seamen, belonging to the then whole British empire, belonged to America. If we were able to command the services of all the sailors, it would be of great importance to the common cause; it would take away one third of the whole; those employed in the American service would be able to fight another third remaining to Great Britain, and consequently would leave to France no more than one third of the seamen, belonging to the British empire before the war, for France to contend with. But alas, this is not the case. Various causes, too many to be here explained, have concurred to prevent this. But we are very desirous of alluring back to their country as many as possible of those we have lost, and the plan we have now proposed to your Excellency appears to be one probable means of doing it. We shall suggest others hereafter, as opportunity occurs.

October 15th, 1778. Since the foregoing was written, we have received letters from Robert Harrison, John Lemon, Edward Driver, and John Nicols, prisoners in Denant Castle, representing that they were taken by English frigates, in American privateers, forced into the service on board the Fox, and now taken by the French, and praying that we would intercede for their liberty, that they may return, if possible, to their country.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

FROM JAMES LOVELL TO THE COMMISSIONERS.

Philadelphia, October 12th, 1778.

Gentlemen,

Congress having foreign affairs now under consideration, I shall not write to you on that subject, more especially as it is quite uncertain how the present papers will be conveyed. Nor shall I pretend to unravel to you the designs of the enemy. They are very inscrutable. The printers know as much as I do about them; therefore I send a few of the last prints of Dunlap, which, with the Boston papers, must decide you in opinion.

Your affectionate friend, &c.

JAMES LOVELL.

TO RALPH IZARD.

Passy, October 13th, 1778.

Sir,

We have the honor of enclosing to you a copy of M. de Sartine's answer to our application in support of your demand of your baggage, taken on board the Nile. We have, agreeably to your last letter, written again to M. de Sartine requesting him to stop the sale of the things, till you can make your objections to their being lawful prize.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO M. DE SARTINE.

Passy, October 13th, 1778.

Sir,

We had the honor of receiving your Excellency's letter of the 7th instant, to which we shall take the liberty of answering fully by another opportunity. As you mention that the prize was condemned on the 20th, Mr Izard is apprehensive, that the goods in question may be sold before the ordinary course of law can prevent it. He therefore desires us to request your Excellency to prevent that if possible. And we accordingly beg the favor of your Excellency to do so. We hope there is no impropriety in this; and that if there should be, you will impute it to our want of information on the manner of such proceedings here.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO THE AMERICANS TAKEN ON BOARD THE ENGLISH FRIGATES.

Passy, October 15th, 1778.

Gentlemen,

We have received a letter from Robert Harrison of the 7th of October, and another from John Lemon, Edward Driver, and John Nicols of the 12th, all prisoners in Denant Castle, all professing to be Americans, who have first been compelled into the service of their enemies, and then taken prisoners by the French.

You are not known to us, but your account of yourselves, considering the general conduct of the English of late, is not improbable. We cannot but feel a concern for all prisoners in such a situation, of whom, to the lasting dishonor of the British government and nation, there are too many on board almost every man of war in their service.

We have written to his Excellency the Minister of the Marine of this kingdom upon the subject, and sincerely hope that something may be done for your relief, and that of all other prisoners in your situation.

But great care must be taken that neither we, nor more especially the government of this kingdom, be imposed upon by attempts to set at liberty English, Irish, Scotch, or other sailors, disaffected to the American cause, or unprincipled in it. We, therefore, desire you to send us a list and a short account of all the sailors, prisoners with you, who were born in America, or have been in her service, and are willing to subscribe the declaration, and take the oath of allegiance to the United States of America, and to live and die by her cause. We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO M. DUMAS.

Passy, October 16th, 1778.

Sir,

We have received yours of the 2d instant, with the declaration signed by M. Van Berckel, and his explanatory letter to you; which gave us much pleasure, as they show the good disposition of that respectable body, the Burgomasters of Amsterdam, towards the United States of America, and their willingness, as far as may depend on them, to promote between the republic of the United Low Countries in Europe, and the said States, "A treaty of perpetual amity, containing reciprocal advantages with respect to commerce between the subjects of the two nations." As that body must be better acquainted than we, with the method of doing public business in their country, and appear to be of the opinion, that some previous steps can be taken by them, which may facilitate and expedite so good a work, when circumstances shall permit its coming under the consideration of their High Mightinesses, we rely on their judgment, and hereby request they would take those steps, as explained in M. Van Berckel's letter.

And they may be assured, that such a treaty as is described would, at this time, meet with no obstacles on the part of the United States of America, who have great esteem and respect for your nation; and that nothing will be wanting on our part to accomplish the end proposed. We would only remark, that the mentioning it in the declaration as a thing necessary to precede the conclusion of such a treaty, "that the American Independence should be acknowledged by the English," is not understood by us, who conceive there is no more occasion for such an acknowledgment before a treaty with Holland, than there was before our treaty with France. And we apprehend, that if that acknowledgment were really necessary, or waited for, England might endeavor to make an advantage of it in the future treaty of pacification, to obtain for it some privileges in commerce, perhaps, exclusive of Holland. We wish, therefore, that idea to be laid aside, and that no further mention may be made to us of England in this business.

We are, Sir, your most obedient humble servants,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Marly, October 19th, 1778.

Gentlemen,

I have received the two letters, with which you have honored me on the subject of the claims of Mr Izard to goods captured in the Nile. I observed to you, in my letter of the 17th inst. that the government could only interfere when the laws were insufficient; and that its interposition would be misplaced, when they were plain and precise. You must feel all the justice of this principle better than any person whatever, and I do not doubt that cases may occur in which you may yourselves appeal to it.

The capture of the Nile, and of her cargo, has been declared good. To order a particular restitution, and deprive the captors of property, which they have acquired provisionally at least, would be an interference of the government with the laws, and would introduce a dangerous precedent in the proceedings established by his Majesty relative to prizes. The more firmly you are convinced that the claims of Mr Izard are conformable to the treaty, the more ready you should be to believe, that they will be favorably received, and the expenses of a suit are inconsiderable. It is true, that they might have been avoided, if Mr Izard's property had been shown before the first sentence, because then it would only have been necessary to prove the property, which seems to me indisputable; but in the present state of things I am sorry that it is impossible for him to avoid the necessary forms, to which his Majesty has subjected his allies, as well as his own subjects.

I have the honor to be, &c.

DE SARTINE.

TO RALPH IZARD.

Passy, October 22d, 1778.

Sir,

We have just now the honor of a letter from M. de Sartine, dated the 19th, which we suppose is his Excellency's ultimatum concerning your effects taken in the Nile, and we therefore take the earliest opportunity to enclose you a copy of it, that you may be able to take your measures in consequence of it, in which we suppose there is no time to be lost.

We have the honor to be, with great respect, Sir, yours, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Marly, October 20th, 1778.

Gentlemen,

I have replied only to the first part of your letter of the 12th inst.; the second also contains important matter. It would, doubtless, be desirable to restore to their country the American seamen, who have been retained by the force of habit or by compulsion in the English service, and to gain the double advantage of increasing the strength of the Americans, while we destroy that of the enemy. But the means appear to me as difficult as to yourselves, and in the present state of things, we cannot flatter ourselves that we shall succeed in the attempt.

You request, at the least, that the citizens of the United States, taken since the commencement of hostilities in the English service, should be surrendered to you. This general demand requires a serious attention, and I shall lay it before his Majesty. With respect to the four prisoners, whose liberation you more particularly request, it is with great pleasure, that I transmit orders to Denant, to place them at your disposal.

I have the honor to be, &c.

DE SARTINE.

M. DUMAS TO THE COMMISSIONERS.

Translation.

Hague, October 27th, 1778.

Gentlemen,

I received your favor of the 16th last Saturday. It is precisely what I should have desired. The Grand Pentionary is highly pleased with it. I went the same day to read it to our friend, and gave him a copy attested by my signature. It gave him much pleasure, and he has repeatedly assured me that it would be extremely agreeable to the Burgomasters of the city, whom he was eager to inform how you would answer to the measure he had engaged them to adopt, in procuring from them authority to make the declaration[53] and write me the letter, of which you have copies, and the duplicates of which are lodged in the city-house. He urged me to assure you, that the mention of England was not introduced with the design of making any thing depend on the pleasure of that power, but merely to show the situation of the city, which, for the present, can only wish that the English may be prevented from making any further opposition to our mutual connexion. In fine, he is now prepared to act on his return, at a convenient opportunity.

The memorial of the merchants has been presented to their High Mightinesses. Herewith I transmit that presented to the Prince last Saturday. Our friend remitted it to me the same day, and I have thought it deserving of a translation for your inspection. He inquired anxiously for good news from America, and I replied, that the situation of America was by no means critical, and that I was less anxious about it than about this republic.

M. de Welderen has sent the reply of Lord Suffolk to the representations of their High Mightinesses. "The Court of London," he says, "is willing to restore all the vessels seized, with costs and charges, and to pay for the naval stores which it shall retain; but its ambassador will submit to their High Mightinesses a proposition to alter the treaties on this point, and to consent to declare these articles contraband in future."

Fortunately, unanimity is necessary to grant this consent, and Amsterdam will not allow even the entering upon such a negotiation. Suffolk adds, as a proof of his king's moderation, "that he has not yet called for the aid which the republic is obliged by treaties to furnish him;" as if the republic had guarantied to England the monopoly of America. This is extraordinary. Three of us here believe, that this letter was not written in England, and has only returned hither.

The Secretary of their High Mightinesses is very much piqued, on account of the freedom with which the Committee of merchants addressed him, who, by reason of his equivocal answer, accused him of being in the English interest, like the majority of the chief men here. It is said, that it is truth only which is offensive.

I have finished the translation of the opinion of the city of Amsterdam, inserted in the Acts of the Republic, September 8th. I am preparing copies of it for you, Gentlemen, and for Congress. When yours is finished, I shall forward it with the request, that you will have two copies of it made by a skilful and exact French copyist, and send them to Congress as duplicates and triplicates of that, which I shall transmit to it from this place; for on the one hand, I consider this paper important and useful to the United States, both for the precise and authentic information which it affords relative to the present condition, political, military, &c. of this republic, and as an example of the evils it has drawn upon itself for the last century, by interfering too much with the imaginary balance of power, and with the wars of the European States, thus imposing upon itself the burden of a standing army, which has swallowed up its navy and subjected it to an imperious rival, &c. &c.; and on the other hand, this long paper occupies my time, which is valuable to me, and fatigues my hand, which unfortunately is not steady. My translation has been approved by our friend. It would be well to have it translated into English also, and if you had a translator who understood Dutch, I could transmit you the original.

I am, Gentlemen, &c.

DUMAS.

FOOTNOTES:

TO E. T. VAN BERCKEL, BURGOMASTER OF AMSTERDAM.

Passy, October 29th, 1778.

Sir,

Upon maturely considering the letter and declaration, which we have had the honor of receiving from you, we are of opinion, that there are some propositions relative to that business, which can only be properly discussed in a personal interview. We therefore wish that you, or a person authorised by you, would meet one of us at Aix-la-Chapelle, or any other place, which you may judge more convenient, for conducting this business with the most perfect secrecy.

Should this proposal meet with your approbation, you will have the goodness to apprise us of the time and place you think proper for the interview. It may be proper, that we should inquire for one another, whenever we meet, under fictitious names; the fixing upon which we also wish to leave to you.

We shall be glad of an answer as soon as is convenient to you; and have the honor to be, with great respect, Sir, your most obedient, and most humble servants,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO COUNT DE VERGENNES.

Passy, October 29th, 1778.

Sir,

We have the honor to inform your Excellency, that we are ready to execute and exchange the declarations, concerning the omission of the 11th and 12th articles of the treaty of commerce, and to request your Excellency to appoint a day to wait on your Excellency for that purpose.

We have the honor to be, with the greatest respect, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

COUNT DE VERGENNES TO THE COMMISSIONERS.

Translation.

Versailles, October 30th, 1778.

Gentlemen,

I have received the reply, with which you honored me, regarding the arrangements to be made with the Barbary powers, for the protection of the American flag in the Mediterranean. Before the king can make any efforts to forward your views in this respect, I think it proper, that you should be provided with full powers from Congress, and that you should be not only authorised to propose the presents, which you may be expected to bestow, but also supplied with the necessary funds to satisfy these expectations. When all these preliminaries shall be complied with, you may rest assured, Gentlemen, that the king will hasten to forward, as far as he is able, the wishes and views of Congress. I have the honor to be, &c.

DE VERGENNES.

TO M. DE SARTINE.

Passy, October 30th, 1778.

Sir,

We have been honored with your letter of the 26th of October, and we thank your Excellency for the prompt and generous manner in which you have given liberty to four of our countrymen, who were among the prisoners at Denant. Such examples of benevolence cannot fail to make a lasting impression on the American mind.

Since the receipt of your Excellency's letter, we have received another from the American prisoners at Brest, by which it appears, that there are ten of them, from four of whom only we had received letters when we wrote before, the other six having written to us, but their letters miscarried. We enclose a copy of this last letter, and have the honor to request a similar indulgence to all the ten.

By a letter we received last night from L'Orient, we have the pleasure to learn, that three vessels bound to the coast of Brazil have been taken by his Majesty's frigates, or by French cruisers, and sent into that port. It is very probable that the three masters of these vessels and every one of their sailors are Americans.

We are happy in this opportunity of communicating to your Excellency some intelligence, which we have been at some pains to collect, and have good reason to believe exactly true. The English last year carried on a very valuable whale fishery on the coasts of Brazil, off the River Plate in South America, in the latitude 35 south, from thence to 40, just on the edge of soundings, off and on, about the longitude 65 from London. They have this year about seventeen vessels in the fishery, which have all sailed in the months of September and October. All the officers and almost all the men belonging to those seventeen vessels are Americans, from Nantucket and Cape Cod in Massachusetts, excepting two or three from Rhode Island, and perhaps one from Long Island. The names of the Captains are Aaron Sheffield of Newport; Goldsmith and Richard Holmes from Long Island; John Chadwick, Francis May, Reuben May, John Meader, Jonathan Meader, Elisha Clark, Benjamin Clark, William Ray, Paul Pease, Reuben Fitch, Zebedee Coffin, and another Coffin, all of Nantucket; John Lock, Cape Cod; Delano, Nantucket; Andrew Swain, Nantucket; William Ray, Nantucket. Four or five of these vessels go to Greenland; the fleet sails to Greenland the last of February or beginning of March.

There was published last year in the English newspapers, and the same imposture has been repeated this year, a letter from the Lords of the Admiralty to Dennis de Berdt, in Coleman street, informing him that a convoy should be appointed to the Brazil fleet. But this, we have certain information, was a forgery, calculated merely to deceive American privateers, and that no convoy was appointed or did go with that fleet, either last year or this.

For the captivity of a fishery so entirely defenceless, (for not one of the vessels has any arms) a single frigate or privateer of twentyfour or even twenty guns would be quite sufficient. The beginning of December would be the best time to proceed from hence, because they would then find the whale vessels nearly loaded. The cargoes of these vessels, consisting of bone and oil, will be very valuable, and at least 450 of the best kind of seamen would be taken out of the hands of the English, and might be gained into the American service to act against the enemy. Most of the officers and men wish well to their country, and would gladly be in its service if they could be delivered from that they are engaged in. But whenever the English men of war or privateers have taken an American vessel, they have given to the whalemen among their crews their choice, either to go on board a man of war and fight against their country, or to go into the whale fishery. So many have chosen the latter, as to make up most of the crews of seventeen vessels.

We thought it proper to communicate this intelligence to your Excellency, that if you found it compatible with his Majesty's service to order a frigate from hence, or from the West Indies, to take from the English at once so profitable a branch of commerce, and so valuable a nursery of seamen, you may have an opportunity of doing it; if not, no inconvenience will ensue.

We have the honor to be, &c.

B. FRANKLIN, JOHN ADAMS.

[Mr Lee did not sign, but objected to the acknowledgment of giving up the American subjects, captured in the enemy's vessels, as being a favor.]

COUNT DE VERGENNES TO THE COMMISSIONERS.

Translation.

Versailles, October 31st, 1778.

Gentlemen,

You request that a day be fixed for the interchange of declarations relative to the omission of the eleventh and twelfth articles of the treaty of commerce. If next Monday, November 2d, is convenient to you, I should be glad to have the honor to receive you, and I flatter myself you will do me the honor to dine with me on that day.

I have the honor to be, &c.

DE VERGENNES.

M. DUMAS TO THE COMMISSIONERS.

Translation.

Hague, November 4th, 1778.

Gentlemen,

The gentlemen from Amsterdam have returned with more strict instructions from their constituents. They will be followed, perhaps, by a third memorial, more forcible than the preceding. If the same evasions continue to be practised, Amsterdam will display other resources, which have not yet been communicated to me. The subject of the convoy will be discussed next week. Sir J. Yorke presented a memorial the day before yesterday, more moderate in its tone, but equally insidious in reality, on behalf of his Court. 1. It demands the appointment of Commissioners, with whom he may consult to settle the intent of the treaties relative to the articles, which it is desired to prohibit. 2. It declares that his Court is desirous, that the republic would not grant the convoys in question, as it cannot consent to allow the above mentioned articles to pass. He will find formidable adversaries from Amsterdam, who are firmly resolved on an absolute negative on these two points. A certain great personage, and the Grand Pentionary, are already prepossessed on the subject. The irritation against the English gains also in some of the nobility.

The project, with which you are acquainted, is prepared with some changes and additions on the basis already known to you. It is in the hands of the Burgomasters, who will examine the whole; after which a copy will be delivered to me, that I may also transmit one to you, to be examined by you in the same manner, and that your observations thereon may be communicated to them through me.

I have been assured on behalf of the Burgomasters, that it is not their intention to leave our future connexions dependent on Great Britain; on the contrary, it is their wish, that in course of time, their High Mightinesses may adopt a better system of measures, than is at present possible; this circumstance they have thought ought not to be concealed from you any more than their present situation, their wishes, and their expectation that you will be ready to concur in the steps, which it shall be in their power to take towards realising them.

On the whole, Gentlemen, I cannot give you a more clear idea of the whole matter, than the following; we correspond with a minority, which has this advantage over that of England, that if this republic will not declare itself our friend, it cannot be our enemy, on account of the unanimity required by the constitution; this circumstance alone is of high importance, and ought to persuade us to assist and confirm that minority.

Every time I see our friend, he begs me not to fail to communicate to him immediately any good news I may receive from America. He makes too good a use of such information to allow any delay on my part.

The two letters, for which I am indebted to Mr A. Lee, have been inserted in the Leyden Gazette. The Courier of the Lower Rhine contains a fine eulogy on Mr Joseph Reed, member of Congress; it is deserving of your notice. I wish I could send you the paper, but I have only one copy, which I am about to forward to Congress.

I am, &c.

DUMAS.

TO M. DE SARTINE.

Passy, November 16th, 1778.

Sir,

We have the honor of your Excellency's letter of the 6th of this month, but as the memoir of the French surgeon, which your Excellency proposed to transmit to us, was by some accident omitted to be enclosed in your letter, we are ignorant of his case, and consequently unable to inform your Excellency whether it is in our power to afford him any relief. If your Excellency will have the goodness to send us the memoir, we will answer your letter without delay.

In the meantime we may acquaint your Excellency, that the United States have not adopted any precautions for sending succors to their subjects imprisoned in England. We have ventured, without orders or permission from the United States, to lend small sums of money to persons who have escaped from irons and dungeons in Great Britain, to bear their expenses to Nantes, L'Orient and Bordeaux. But we have sent no succor to them while in England, except a small sum of money, put into the hands of Mr Hartley, to be disposed of by him for the relief of such as should most want it.

We shall consider every Frenchman, taken by the English on board of American vessels, in the same light as if he was an American by birth, and entitled to the same assistance from us as Americans are in the same situation.

We have the honor to be, &c. &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO THE PRESIDENT OF CONGRESS.

Passy, November 7th, 1778.

Sir,

We have the honor to enclose a copy of the declaration concerning the 11th and 12th articles of the treaty of commerce, which we have received from his Excellency the Secretary of State for Foreign Affairs, in exchange for a similar one signed by us, in pursuance of the instructions of Congress.

We have also the honor to enclose copies of a correspondence with his Excellency M. de Sartine, the Secretary of State for the Marine, concerning cases of recaptures, that Congress may, if they judge proper, take some resolution on this head; it seems to be equitable, that the same rule should be observed by both nations.

We also enclose copies of a correspondence on the subject of negotiation with the Barbary States. We do not find ourselves authorised to treat with those powers, as they are not in Europe, and indeed we are not furnished with funds for making them presents.

We have had the honor of a copy from the Auditor General, enclosing the form of bills of exchange to be drawn upon us, for the interest due upon loan office certificates, and acquainting us that this interest will amount to two millions and a half of livres annually. When it was proposed to pay the interest here, we had no idea of so much being borrowed. We shall pay the most punctual obedience to these and all other orders of Congress, as long as our funds shall last. But we are obliged to inform Congress, that expenses on prisoners being great, and being drawn upon by the order of Congress from various quarters, and receiving no funds from America, we suffer the utmost anxiety, lest we should be obliged to protest bills. We have exerted ourselves to the utmost of our power to procure money, but hitherto with little success. And we beg that some supplies may be sent us as soon as possible. We are very sorry that we are not able to send to Congress those supplies of arms, ammunition, and clothing, which they have ordered; but it is absolutely impossible, for the want of funds, and M. Beaumarchais has not yet informed us, whether he will execute the agreement made for him with you or not.

We have the pleasure to inform Congress, that Mr Matthew Ridley of Maryland has made a present to the United States of a valuable manuscript upon naval affairs, which he has left with us. We shall take the first opportunity of a frigate to send it to Congress.

We enclose to Congress copies of a correspondence between the Ambassador of the king of the two Sicilies and us, which, as his Majesty is the eldest son of the king of Spain, is considered as an event indicative of the good will of a greater power, although, this is respectable.

It is of great importance to penetrate the councils of an enemy, in order to be prepared beforehand against his designs; we shall therefore be happy to advise Congress of the intentions of Great Britain as far as we conjecture.

We have every reason to believe, that the hostility of the disposition of the British Court has no other bounds but those of their power. Their threats, however, of large reinforcements and of Russian auxiliaries, are without foundation. The interest of the king of Prussia, and of the Empress Queen (who both choose at present to pursue decent terms with Great Britain) to prevent a close alliance between England and Russia, we apprehend, will prevent it. In short, we see no probability of England's forming any alliance against America in all Europe; or indeed against France; whereas, on the other side, from the astonishing preparations of Spain, the family compact, and other circumstances, and from the insolent tyranny of the English over the Dutch, and their consequent resentment, which has shown itself in formidable remonstrances as well as advances towards a treaty with us, there is reason to believe, that if Great Britain perseveres in the war, both of these powers will at length be involved in it.

We had the honor to write to Congress on the 20th of July and the 17th of September, of which we have sent duplicates and triplicates, and to which we beg leave to refer. By this opportunity we shall send the newspapers, which contain all the public intelligence.

We enclose a number of notes of hand, which have been taken from our unhappy countrymen, who have escaped from England, to whom we have lent money, as they had no other way of subsistence.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

M. DUMAS TO THE COMMISSIONERS.

Translation.

Hague, November 10th, 1778.

Gentlemen,

My last of the 4th was despatched the 6th. Tomorrow will be an important day, and will have serious consequences if Amsterdam yields. You are already acquainted with the opinion, which will be pronounced by the Admiralty. The committee appointed to confer with the Admiralty on this point have made a report as follows.

1st. The conference desired by Sir J. Yorke, concerning the meaning of the treaties relative to naval stores, shall be refused. 2dly. The restitution of the vessels seized shall be strongly insisted on. The Admiralty shall make certain arrangements with the merchants of the country during these difficulties, that is, in plain English, shall suspend the convoys, in so far as relates to the abovementioned materials. This addition spoils all the rest.

Your friend appeared to me rather embarrassed. He has sent for the most prudential persons on change to ask their advice concerning this addition, which he considers arrant folly. Another person, very much displeased with this addition, says, that if Amsterdam persists firmly in demanding the strict observance of the treaties, and a perfect neutrality, she can counteract this manœuvre. Otherwise the servile submission of the nation to the lash of the English, will expose it to that of the French also, who will deprive it of the privileges it has heretofore enjoyed in their country, and will seize its vessels, after the example of the English.

You may therefore expect in my next to hear of a vigorous and successful opposition on the part of the city, or of a dreadful blow to the commerce and navigation of this country. It may then be said, quidquid delirant Britanni, plectuntur Belgae. It will be their own fault.

All this will probably be delayed somewhat; for our friend has told me, that the Provincial Assembly will not rise this week. As I cannot see him today, because he dines out, I have sent him a letter, of which a copy is enclosed.

I am, Gentlemen, &c.

DUMAS.

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Versailles, November 12th, 1778.

Gentlemen,

M. de Fleury has represented to me, that his only son embarked for America in 1778, where he served the United States in the army of General Washington, with sufficient distinction to be raised to the rank of Lieutenant Colonel, but having been made prisoner, and conducted to fort St Augustine, he has not yet been able to procure his exchange, and is in the most deplorable condition. The distinction which this young officer obtained in the service of the United States speaks in his favor, and I am persuaded, Gentlemen, that you will attend to the request of M. de Fleury. I should be obliged to you, if you would include him in the first exchange of prisoners.

I have the honor to be, &c.

DE SARTINE.

TO M. DE SARTINE.

Passy, November 12th, 1778.

Sir,

Last night we had a letter from Nantes, a copy of which we have the honor to enclose to your Excellency.

The subject of it appears to us of great importance to the United States, as well as to the individuals, Frenchmen and Americans, who are interested in the vessels destined to America; also to a considerable number of gentlemen and others, who are going passengers in this fleet, and ultimately to the common cause.

It gives us great pleasure to find so large a number of vessels going out upon this occasion. Their cargoes are much wanted to enable our countrymen to sustain the war. We therefore most cheerfully join with the subscribers to the letter, who have also petitioned your Excellency, in requesting a large convoy to protect those ships quite home to America.

Upon this occasion we cannot refrain from submitting to your Excellency our opinion, that the more of the king's ships are sent to America, the more certainly France maintains a superiority of naval power in the American seas, the more likely it will be that she will have the advantage in the conduct of the war. Because the French having the ports and the country, the provisions, the materials, and the artificers of America open to them, and the English being obliged to derive all these things from Europe, the former have a vast advantage over the latter, in the conduct of the war in that quarter of the world; not to mention that the French ships being newer and in better condition than the English, are better able to sustain the American seas.

Your Excellency will excuse our suggesting one reflection, that whatever vessels of war are sent to America, they should be plentifully furnished with marine woollen cloths, especially blankets and gloves, or mittens, without which it is extremely difficult for the men to do their duty in the cold season upon that coast.

We are, &c. &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

M. DUMAS TO THE COMMISSIONERS.

Translation.

Hague, November 13th, 1778.

Gentlemen,

The situation of affairs here is becoming extremely critical. The resolution mentioned in my letter of the 10th, to deny convoy for naval stores, has not yet been formally adopted. It has been decided to determine this point next Wednesday, by the majority of voices. The members from Amsterdam have protested against this, as contrary to the constitution, which requires in such cases unanimity, and have entered their protest in the books. They were, however, abandoned by all the other cities. M. Van Berckel sustained the attacks of the whole assembly with firmness; one might say, that he had to encounter the whole province, and consequently the whole republic except his own city. If the council upholds the regency, and the merchants continue to oppose this measure, as in all probability they will, they must succeed in their righteous cause. If the council, contrary to all appearances, should yield, M. Van Berckel declares, that he will never return, but will leave room for any one who wishes it to occupy his place.

The French ambassador, on his side, declared several days ago to the principal officers of government, and through them to the Pentionaries of the cities, that the king expects that the republic will cause the Dutch flag to be respected, and will protect efficiently and promptly her commerce, in conformity with the treaties of 1674, &c. between this country and England, on the faith of which reposes the confidence in this flag; and if the republic does not answer to such reasonable expectations, and undertakes to modify any part of those treaties to the prejudice of commerce, the king is immovably fixed in his determination, to deprive the nation of those advantages, which his Majesty, out of pure kindness and without any obligation by treaty, has hitherto permitted it to enjoy in the ports of France.

I have communicated this today to the friends of Amsterdam, to be made known on change.

I shall set out in an hour for a place where my presence is considered necessary. In the meanwhile,

I am, &c.

DUMAS.

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Versailles, November 14th, 1778.

Gentlemen,

I have submitted to the king the reasons, which might determine his Majesty to set at liberty citizens of the United States, prisoners in France. But he has wisely decided, that this favor ought to be granted only to those, who have been taken from American vessels, and compelled to serve against their country; it will, therefore be necessary for you, Gentlemen, to cause a list to be made, certified by yourselves, which you will have the goodness to forward to me, that only the good and faithful subjects of the United States may enjoy the benefit of his Majesty's favor.

I have the honor to be, &c.

DE SARTINE.

M. DUMAS TO THE COMMISSIONERS.

Translation.

Hague, November 20th, 1778.

Gentlemen,

I returned here last Wednesday morning, and in the afternoon was informed by our friend, that the despotic act, which I announced to you in my last of the 13th of November, was passed in the Assembly of the Province, after a session of three hours; and that the preamble with the addition, of which I gave you an account in my letter of the 10th, was adopted by a majority. The city of Amsterdam has in consequence entered a protest against this resolution, declaring it null, as having been adopted contrary to the forms required by the constitution of the State, which prescribes unanimity in such cases. The injurious consequences which may result to the city are also exposed.

Sir J. Yorke despatched a messenger with all haste to England, with the news of the triumph of his party. His Court will not fail to boast of this success in Parliament and in the journals; it appears to have been desired for this purpose. No mention will be made of the protest, which in reality converts this success into smoke, which will soon be dissipated; for the members from the great city declare, that if the protest is not printed with the resolution, they will have it printed in the city, so that at least this nation shall not be deceived. It is easy to foresee two important consequences resulting from this measure; one, the blow predicted in my letter of the 10th; the other, the close of a famous banking establishment, without which the others cannot stand.

I might enter more into details; but besides that I have not time, I am afraid to trust them to paper. I will only add, that tomorrow morning, the members from the great city will depart, and with them all the glory of Belgium. The others are ashamed of their own work, dare not boast of it, and hang down their heads. It has even been attempted to circulate the report, that the famous resolution was adopted unanimously, and in conformity with the wishes of the great city.

You cannot imagine, Gentlemen, how eager are your enemies in the present situation of affairs, to propagate reports of dissensions and divisions between the Americans and French, and among the Americans themselves; their object is to animate their own party, and discourage their opponents. We may despise them and laugh at them; but your best friends are afflicted, that we receive no news from America by the way of France. I pray God that we may soon have some, and of the most favorable character.

I am, Gentlemen, &c.

DUMAS.

TO COUNT DE VERGENNES.

Passy, January 1st, 1779.

Sir,

Some late proceedings of the enemy have induced us to submit a few observations to your Excellency's superior light and judgment.

His Britannic Majesty's Commissioners, in their manifesto of the 3d of October, have denounced "a change in the whole nature and future conduct of the war," they have declared, "that the policy as well as the benevolence of Great Britain has thus far checked the extremes of war," when they tended "to distress the people and desolate the country;" that the whole contest is changed; that the laws of self-preservation must now direct the conduct of Great Britain; that these laws will direct her to render the United States of as little avail as possible to France, if they are to become an accession to her, and by every means in her power to destroy the new connexion contrived for her ruin. Motions have been made and supported by the wisest men in both Houses of Parliament, to address the king to disavow these clauses, but these motions have been rejected by majorities in both Houses, so that the manifesto stands avowed by the three branches of the Legislature.

Ministers of State made in Parliament a question concerning the meaning of this manifesto; but no man who reads it, and knows the history of their past conduct in this war, can doubt its import. There is to be a "change in the nature and conduct of the war." A change for the worse must be horrible indeed! They have already burned the beautiful towns of Charlestown, Falmouth, Norfolk, Kingston, Bedford, Egg Harbour, and German Flatts, besides innumerable single buildings and smaller clusters of houses, wherever their armies have marched. It is true, they left Boston and Philadelphia unhurt, but in all probability it was merely the dread of a superior army, that in these cases restrained their hands, not to mention that burning these towns would have been the ruin of the few secret friends they have still left, of whom there are more in those towns than in all America besides. They have not indeed murdered upon the spot every woman and child that fell in their way, nor have they in all cases refused quarters to the soldiers, that at all times have fallen into their power, though they have in many. They have also done their utmost in seducing negroes and Indians to commit inhuman barbarities upon the inhabitants, sparing neither age, sex, nor character. Although they have not in all cases refused quarter to soldiers and sailors, they have done what is worse than refusing quarters, they have thrust their prisoners into such dungeons, loaded them with such irons, and exposed them to such lingering torments of cold, hunger, and disease, as have destroyed greater numbers than they could have had an opportunity of murdering, if they had made it a rule to give no quarter. Many others they have compelled by force to serve and fight on board their ships, against fathers, brothers, friends and countrymen; a destiny to every sensible mind more terrible than death itself.

It is therefore difficult to comprehend what they mean by a change in the conduct of the war, yet there seems to be no room to doubt, that they mean to threaten something more cruel, greater extremes of war, measures that shall distress the people and lay waste the country more than any thing they have yet done. "The object of the war is now entirely changed." Heretofore their massacres and conflagrations were to divide us and reclaim us to Great Britain. Now, despairing of that end, and perceiving that we shall be faithful to our treaties, their principle is by destroying us to make us useless to France. This principle ought to be held in abhorrence, not only by all christians, but by all civilized nations. If it is once admitted, that powers at war have a right to do whatever will weaken or terrify an enemy, it is not possible to foresee where it will end. It would be possible to burn the great cities of Europe. The savages, who torture their prisoners, do it to make themselves terrible; in fine, all the horrors of the barbarous ages may be introduced and justified.

The cruelties of our enemies have heretofore more than once exasperated the minds of the people so much as to excite apprehensions, that they would proceed to retaliation, which, if once commenced, might be carried to extremities; to prevent which, the Congress issued an address exhorting to forbearance and a further trial by examples of generosity and lenity, to recall their enemies to the practice of humanity amidst the calamities of war. In consequence of which, neither the Congress, nor any of the States apart, have ever exercised or authorised the exercise of the right of retaliation. But now, that Commissioners vested with the authority of the nation have avowed such principles, and published such threats, the Congress have, by a resolution of the 30th of October, solemnly and unanimously declared that they will retaliate. Whatever may be the pretences of the enemy, it is the manifest drift of their policy to disgust the people of America with their new alliance, by attempting to convince them that instead of shielding them from distress, it has accumulated additional calamities upon them.

Nothing, certainly, can more become a great and amiable character than to disappoint their purpose, stop the progress of their cruelties, and vindicate the rights of humanity which are so much injured by this manifesto. We therefore beg leave to suggest to your Excellency's consideration, whether it would not be advisable for his Majesty to interfere, by some declaration to the Court of London and to the world, bearing the royal testimony against this barbarous mode of war, and giving assurances, that he will join the United States in retaliation, if Great Britain by putting her threats in execution should make it necessary. There is another measure, however, more effectual to control their designs, and to bring the war to a speedy conclusion; that of sending a powerful fleet, sufficient to secure a naval superiority over them in the American seas. Such a naval force, acting in concert with the armies of the United States, would, in all human probability, take and destroy the whole British power in that part of the world. It would put their wealth and West Indian commerce into the power of France, and reduce them to the necessity of suing for peace. Upon their present naval superiority in those seas depend not only the dominion and rich commerce of their islands, but the supply of their fleets and armies with provisions and every necessary. They have nearly four hundred transports constantly employed in the service of their fleet and army in America, passing from New York and Rhode Island to England, Ireland, Nova Scotia, and their West India Islands, and if any one link in this chain was struck off, if their supplies from any one of these places should be interrupted, their forces could not subsist. Great numbers of these vessels would necessarily fall into the hands of the French fleet, and go as prizes to a sure market in the United States. Great numbers of seamen too would become prisoners, a loss that England cannot repair. It is conceived, that it would be impossible for Great Britain to send a very great fleet after the French into those seas. Their men of war, now in Europe, are too old, too rotten, too ill manned, and their masts and yards are of too bad materials to endure such a navigation. The impossibility of their obtaining provisions, artists and materials in that country, which would be easy to the French, makes it still clearer that they cannot send a great additional force, and the fear of Spain's interfering, with her powerful navy, would restrain them. Whereas France has nothing to fear in Europe from them, as the number and excellence of their armies are an ample security against the feeble land forces of Great Britain.

This naval superiority would open such commerce between the United States and the French West India islands, as would enable our people to supply themselves with the European and West India articles they want, to send abroad the produce of the country, and by giving fresh spirit and vigor to trade, would employ the paper currency, the want of which employ has been one cause of its depreciation. The maintenance of such a fleet in America, would circulate so many bills of exchange as would likewise, in a great measure, relieve them from that dangerous evil. And these bills would all return to France for her manufactures, thereby cementing the connexion and extending the trade between the two countries. Such a naval superiority would contribute very much to extinguish the hopes of the remaining number of persons who secretly wish, from sinister motives, to become again subjected to Great Britain, and would enable the people of the several States to give such consistency and stability to their infant governments, as would contribute greatly to their internal repose, as well as to the vigor of their future operations against the common enemy. The late speedy supply and reparation of his Majesty's fleet at Boston will show the advantages, which this country must enjoy in carrying on a naval war, on a coast friendly to her and hostile to her enemy. And these advantages will in future be more sensible, because the appearance of the fleet before was unexpected, and the harvest in that part of the country had been unfavorable. It is obvious to all Europe, that nothing less is at stake than the dominion of the sea, at least the superiority of naval power, and we cannot expect Great Britain will ever give it up, without some decisive effort on the part of France. With such an exertion as that of sending a superior fleet to America, we see nothing in the course of human affairs, that can possibly prevent France from obtaining such a naval superiority without delay. Without it the war may languish for years, to the infinite distress of our country, to the exhausting both of France and England, and the question left to be decided by another war.

We are more earnest, in representing these things to your Excellency, as all our correspondence from England, for some time, has uniformly represented that the intention of the Cabinet is conformable to the spirit of the manifesto, that all parties grow more and more out of temper with the Americans; that it has become fashionable with the minority as well as the majority and administration, to reproach us both in and out of Parliament; that all parties join in speaking of us in the bitterest terms, and in heartily wishing our destruction; that great clamors are raised about our alliance with France, as an unnatural combination to ruin them; that the cry is for a speedy and powerful reinforcement of their army, and for the activity of their fleet in making descents on the sea coast, while murdering and desolating parties are let loose upon the frontiers of the Carolinas, Virginia, Pennsylvania, New Jersey, New York, and New England, and, that very early in the year, they will carry all these projects into execution. This whole system may, as we conceive, be defeated and the power of Great Britain now in America totally subdued (and if their power is subdued there, it is reduced every where,) by the measure we have the honor to propose.

We submit the whole merely as our opinion to your Excellency's superior wisdom, and have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO M. DE SARTINE.

Passy, January 2d, 1779.

Sir,

We had the honor of receiving your Excellency's letter of the 22d, and are much obliged to you for the interest you take in what concerns the unhappy prisoners, who may escape from England. We have not been inattentive to that subject. There are persons who supply them at Bordeaux, Brest, L'Orient, Nantes, and Dunkirk. A gentleman at Calais has voluntarily done this service, for which we have directed him to draw on us for his disbursements; and we shall as readily discharge what may have been disbursed by your commissaries, when we have their accounts.

As there is very little probability of prisoners coming to other ports, we will not give your Excellency the trouble you are so good as to offer to take.

The regulation your Excellency proposes, relative to the prisoners we may take from the enemy and bring into the ports of France, is entirely agreeable to us; and we shall direct our agents accordingly, who will readily deliver such prisoners to the persons your Excellency may appoint to receive them, having already requested us to procure written orders from you, without which your commissaries were unwilling to take charge of them.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Versailles, January 13th, 1779.

Gentlemen,

I have received your letter of the 2d instant. I know that you direct your agents, in different ports of the kingdom, to supply American prisoners escaped or returning from England with whatever may be necessary on their arrival; but you appear not to have given these orders in the ports of Normandy, and I am informed, that some prisoners, who need assistance, have appeared in those ports. It seems to me necessary, that you should take such measures as you may judge proper on this subject. I will transmit to you an account of the expenses, which have been incurred up to the last of December.

I have given orders in all the ports for the reception of English prisoners, brought in by citizens of the United States, for their detention in the prisons destined for that purpose, and for their usual supply of rations; a particular account of this expenditure will be kept. You may, therefore, direct your agents in all the ports to deliver such prisoners, on their arrival, to the Commissaries-General, and I have the honor to be, &c.

DE SARTINE.

TO WILLIAM LEE, AT FRANKFORT.

Passy, January 13th, 1779.

Sir,

The letter which you did us the honor to write us on the 16th of December we have received. As we have heard nothing further of the Congress in Germany, which you inform us was talked of, we presume that no such measure will take place.

However, whether there be a Congress or not, we cannot comply with the terms of the gentleman you mention, nor advise him to take any steps in the business.

We have also the honor of your letter of the 9th of December, informing us of your draft upon us for twentyfour thousand livres, at one month's date, payable to Mr Grand. The bill of exchange itself has also been presented to us and accepted.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO JOHN LLOYD, AND OTHERS.

Passy, January 26th, 1779.

Gentlemen,

We had yesterday the honor of your letter of the 21st of this month.

You desire to know what port, or ports, is or are made free, pursuant to the treaty? We believe that none has as yet been determined on; at present all the ports of France are open to American vessels of all denominations, and we are at present rather doubtful whether it would be politic in us to apply to have any distinction made. If the appointment of free ports would relieve us from the payment of duties, import or export, we should apply immediately. But as we apprehend this advantage would not be the consequence, the limits of the free ports would be prescribed, and the same duties must be paid upon removing goods, within or without those limits, as are now paid upon the imports and exports. Goods, however, might be brought into such free ports from abroad, and then landed and stand for a time, and then exported without paying duties; but whether this would be any great advantage to our trade, you are better judges than we. We shall be glad of your advice upon this head, and if you think of any advantages of considerable moment, that would arise, we shall be always ready to apply for such an appointment.

We are sorry it is not in our power to give you any acceptable information respecting the 8th article of the treaty, relating to the Barbary corsairs. All we can say is, that we have applied to the Ministry upon this head some months ago, and received satisfactory expressions of the disposition of this government to do every thing, which is stipulated in that article of the treaty. But some things remain to be determined by Congress, to whom we have written upon the subject, and we must necessarily wait their instructions.

There are two inquiries to be made, viz. which of all the nations, who now trade with France, is the most favored, and what duties are paid by that nation? These duties, and these only, we suppose we are to pay, and as soon as circumstances will permit, (two of us having been for a fortnight very ill, and one of us continuing so) we shall apply to the Ministry for an eclaircissement upon this head, which we will endeavor to communicate to you as soon as we shall obtain it.

We have received an answer to our last application for a convoy, from their Excellencies Count de Vergennes and M. de Sartine; but the answers convinced us, that M. de Sartine was under some misinformation, or misunderstanding relative to the business, which obliged us to write again. As soon as we shall be honored with an answer, we will communicate the result of it to you.

Meantime we have the honor to be, with great respect, Gentlemen, your most obedient humble servants,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO COUNT DE VERGENNES.

Passy, February 9th, 1779.

Sir,

It is now six months since Captain M'Neil, of the Mifflin privateer from America, has been embarrassed with a process on account of a French ship, which he retook from the English, after she had been three days in their possession. The laws of France are clear with regard to the validity of this prize, and our Captains have orders, contained in their commissions, to submit their prizes to the laws of the country into which they carry them, and they ought undoubtedly to regulate their own conduct by those laws, without any regard to the laws of America relating to this matter, which may be different in every one of the United States, and, therefore, too uncertain to be made the rule for judgement in the courts here. But the persons reclaiming this prize insist, among other reasons, that their cause should be judged by the laws of Captain M'Neil's country, because more favorable for them.

We believe that no Americans in France will ever think of claiming here any advantage by virtue of the laws of their own country, and it seems not just to put those laws in force against them in France, when it may be done to their detriment. The vexation of these kinds of processes, and the slowness and length of these expensive proceedings before a decision can be obtained, discourage our armed vessels, and have tended to impress them with an opinion that their operations against the English cannot be carried on to advantage in the European seas. We, therefore, request your Excellency to join your solicitations to those we have had the honor to make to M. de Sartine, that these processes may be more speedily determined, and that the Americans in France may be treated, in those respects, on the same footing with the subjects of his Majesty; of which we shall be glad to give information to the Congress, that so some popular prejudices occasioned by these affairs may be effectually removed, and the American armed ships be encouraged to return and cruise again upon the coasts of England.

We have the honor to be, with the greatest consideration and respect, &c. &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO M. SCHWEIGHAUSER.

Passy, February 10th, 1779.

Sir,

Captain Jones has represented to us his desire and intention of returning to the Countess of Selkirk some plate, which his people took from her house.

We apprehend that Congress would not disapprove of this measure, as far as it should depend upon them, and we therefore consent on the part of the United States, that this plate should be returned. This consent is to be understood to extend no further than to the share, to which the United States may be supposed to have a claim. The claim of the officers and men, Captain Jones must be responsible to them for. This plate in the whole is represented to be worth about one hundred guineas.

We are, Sir, &c.

B. FRANKLIN, JOHN ADAMS.

TO JOHN PAUL JONES.

Passy, February 10th, 1779.

Sir,

As your separation from the Ranger, and the appointment of Lieutenant Simpson to the command of her, will be liable to misinterpretations and misrepresentations by persons, who are unacquainted with the real cause of those facts, we hereby certify, that your leaving the Ranger was by our consent, at the express request of his Excellency Monsieur de Sartine, who informed us, that he had occasion to employ you in some public service; that Lieutenant Simpson was appointed to the command of the Ranger with your consent, after having consented to release him from an arrest, under which you had put him.

That your leaving the Ranger, in our opinion, ought not, and cannot, be any injury to your rank or character in the service of the United States; and that your commission in their navy continues in full force.

We have the honor to be, &c.

B. FRANKLIN, JOHN ADAMS.

END OF THE FIRST VOLUME.