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The Diplomatic Correspondence of the American Revolution, Vol. 02

Volume 2 — THE CORRESPONDENCE OF RALPH IZARD,

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COMMISSIONER FROM THE UNITED STATES TO THE GRAND DUKE OF TUSCANY.

Ralph Izard was a native of South Carolina. He was residing in Paris with his family, when appointed by Congress a Commissioner to the Court of Tuscany. He had lived much in England and other parts of Europe. His Commission was dated July 1st, 1777. The state of European politics became such, that he did not visit the Court to which he was destined; nor did he leave Paris during the whole period of his agency. Congress recalled him on the 8th of June, 1779, and he returned in a few months afterwards to America. By correspondence he attempted to procure a loan in Italy, but without effect. It does not appear, that his services were in any way successful.

THE CORRESPONDENCE OF RALPH IZARD.

INSTRUCTIONS TO RALPH IZARD.

Philadelphia, July 1st, 1777.

Sir,

Herewith you will receive a Commission from the Congress of the United States of North America, authorising and appointing you to represent the said Congress, as their Commissioner at the Court of the Grand Duke of Tuscany. You will proceed with all convenient expedition to the Court of the Grand Duke, and will lose no time in announcing in form the declaration of Independence made in Congress, the fourth day of July, 1776. The reasons of this act of independence are so strongly adduced in the declaration itself, that further argument is unnecessary.

As it is of the greatest importance to these States, that Great Britain be effectually obstructed in the plan of sending German and Russian troops to North America, you will exert all possible address to prevail with the Grand Duke to use his influence with the Emperor and the Courts of France and Spain to this end.

You will propose a treaty of friendship and commerce with the said Grand Duke, upon the same commercial principles as were the basis of the first treaties of friendship and commerce proposed to the Courts of France and Spain, by our Commissioners, and which were approved in Congress, the seventeenth day of September, 1776, and not interfering with any treaties, which may have been proposed to or concluded with the Courts abovementioned. For your better instruction herein, the Commissioners at the Court of Versailles will be desired to furnish you, from Paris, with a copy of the treaty originally proposed by Congress to be entered into with France, together with the subsequent alterations, that have been proposed on either side.

You are to propose no treaty of commerce to be of longer duration, than the term of twelve years from the date of its ratification by the Congress of the United States. And it must never be forgotten in these commercial treaties, that reciprocal and equal advantages to the people of both countries be firmly and plainly secured.

There being reason to suppose, that his Royal Highness makes commerce an object of his attention, you will not fail to place before him, in the clearest light, the great advantages, that may result from a free trade between Tuscany and North America.

You will seize the first favorable moment to solicit, with firmness and respect, an acknowledgment of the independence of these States, and the public reception of their Commissioner as the representative of a sovereign State.

The measures you may take in the premises, and the occurrences of your negotiation, you will communicate to Congress, by every opportunity.

It may not be improper to observe, that these instructions, and all others, which you may receive from time to time, should be kept as secret as circumstances will admit.

JOHN HANCOCK, President of Congress.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, October 6th, 1777.

Gentlemen,

I had the honor of receiving by the Independence, Captain Young, a commission and instructions from Congress, the objects of which I shall use my utmost endeavors to accomplish.

The powers of Europe seem to be waiting for the determination of the Court of Versailles, respecting the acknowledgment of the independence of America. As soon as she sets the example, it will I believe be followed by all those whose interest makes them wish for the diminution of the power of England. In this description may be comprehended every State, that can be of any service to us. It is very much the interest of most of the powers of Italy, that the strength of the British navy should be lessened; some of their ports, particularly those of Naples, and Civita Vecchia, have been frequently insulted, and all of them are liable to be so, by a nation not remarkable for its moderation. I think, therefore, that they must be disposed to afford assistance to the States of America, privately, either by subsidy or loan. Congress will be pleased to honor me with their instructions on this point; and, in the mean time, I shall endeavor to procure every information on the subject in my power. Should the proposition be approved of, they will furnish me with proper powers. If I should be so fortunate as to succeed in procuring money, I should be glad to know how it should be disposed of, whether in the purchase of such articles as are wanted, or remitted in specie.

I hope to be frequently favored with the proceedings of Congress, and with the state of affairs in America, which will be of importance to me, and cannot fail of giving weight to the appointment they have honored me with.

I have the honor to be, &c.

RALPH IZARD.

P. S. The Committee will be pleased to direct their despatches to me, to the care of Dr Franklin, or whatever Commissioner may be resident at the Court of France.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, December 18th, 1777.

Gentlemen,

Since my letter of the 6th of October, I have cultivated an intimacy with the Tuscan Minister, resident at this Court. He is a man of honor, of considerable abilities, and extremely friendly to our country. I proposed to him, that I should immediately set out for Italy, and desired his opinion and advice. He dissuaded me from executing my intentions for the present, assured me of the good disposition of the Grand Duke towards us, and promised me to use his utmost endeavors to promote our interest with him. He thought, that my presence at this time might produce some embarrassment at his Court, which would not long be the case. He is since gone to Florence, and I am convinced, that no services that he can render the States will be withheld.

This gentleman is a great favorite, and I am well assured is more in the confidence of the Grand Duke than any of his Ministers. I flatter myself, therefore, that I have acted according to the wishes of Congress, in conforming to his advice. I have repeatedly pressed him on the subject of the German troops, recommended to me by Congress, and he has done every thing I could wish him to do. I have the satisfaction to learn, that the King of Prussia has refused to let a body of Germans, intended for America, pass through his dominions, and it is said, that he was induced to take this step at the desire of the Emperor. I expect letters very soon from Florence, which will regulate my conduct. Every thing in my power has been done to execute the trust that has been reposed in me by Congress; and it will make me extremely happy, whenever an opportunity offers of rendering any service to my country.

The irresolute and indecisive state of the politics at the Court of France, has for some time kept all Europe in suspense. The late success of our arms against General Burgoyne has given a fortunate turn to our affairs in this kingdom, and the conduct of the French Ministry has confirmed me in an opinion I have long had, that the establishment of our liberties must depend upon our own exertions. One successful battle will gain us more friends, and do our business more effectually, than all the skill of the ablest negotiators. I repeat my request, that I may be furnished from time to time with the proceedings and resolutions of Congress, and likewise with the state of affairs in America, which will be highly useful to me.

I am, &c.

RALPH IZARD.

ARTHUR LEE TO RALPH IZARD.

January 28th, 1778.

Sir,

You may if you please mention to the other Commissioners, that I have asked your opinion of the proposition of setting all our exports to the French Islands, against the molasses imported from them, in a perpetual exemption from duties. If your arguments should convince them, I am still ready to co-operate in preventing the article from taking effect, and think there is yet time. But a day may render it irrecoverable.

I am, &c.

ARTHUR LEE.

TO BENJAMIN FRANKLIN.

Paris, January 28th, 1778.

Dear Sir,

Mr Lee has asked my opinion on an article, which he informs me has been under the consideration of the Commissioners, viz, whether an exemption from duty on molasses is an equivalent for a total exemption from duty of all the exports of North America to the French West India Islands?

In answer to this question I am clearly of opinion, that it is not, and if that article should be agreed to by the Commissioners, without an absolute necessity, I cannot help thinking it will be a sacrifice of the general interests of America to those provinces which import molasses. I shall not be suspected of partiality, or of being actuated by any motives but those of the public good, when it is known that South Carolina, the province in which all my property lies, imports a considerable quantity of molasses for distillation. Should the article in question be agreed to, the French might lay what duty they pleased upon their European exports, and even upon their sugar, coffee, and other productions of their Islands, without our having any check upon them whatever. For if, in consequence of any such duty imposed by them, a duty were to be laid by America on any of her exports to France, the French vessels would have nothing to do, but to clear out for the West Indies, and sail directly for Europe, or touch first at one of their Islands. This will certainly at least open a door for smuggling, and may occasion a discontinuance of that friendship and harmony, which ought to subsist between the countries. This article seems the more extraordinary to me, as I do not think there is the least probability of any duty being ever laid by the French upon molasses, as the distilling it into rum would materially interfere with their brandy, and therefore a duty would endanger a diminution of the consumption of it.

I am very sensible, that the decision of this business is committed entirely to the Commissioners at this Court. At the same time I cannot help thinking it my duty, not only as a gentleman of considerable property in America, but likewise as one whom Congress has thought proper to honor with a commission similar to your own, though at another Court, to endeavor to prevent the execution of an article, that I think injurious to the interests of my country. I prefer this application to you singly as a friend, to one addressed to all the Commissioners, and I hope the latter will be unnecessary.

It is very painful for me to write to you in the language of complaint, but I feel myself hurt, and it is proper that I should tell you of it. It does not appear to me to be possible, that any inconvenience could have arisen, if you had mentioned to me the proposition of an exemption of all duties on our exports, as a compensation for the exemption of the duty on molasses alone. When I had the pleasure of seeing you last at my house, I spoke to you in general about the treaty, and particularly about the article of molasses, and expressed my fears, that the French Ministry would not consent to have such a restraint put upon their power, as was contained in the article of the original treaty. I asked you whether you were under any injunctions of secrecy, which prevented you from satisfying me. You replied, that certainly secrecy was necessary to be observed, but that as I was myself a Commissioner, you thought that you might without any impropriety talk with me on the subject, and informed me that the objection, which I apprehended, had been made, and that the article was to be given up. Not a word was mentioned about an equivalent. As you thought at that time, that my being a Commissioner entitled you to speak to me on the subject, I cannot conceive what impropriety there could possibly have been in your doing it, when so material an alteration was under consideration.

The instructions sent to me by Congress came through your hands, and it will be hardly necessary to remind you, that though the conclusion of the treaty with this Court is intrusted to you, and the other gentlemen joined with you in the Commission, I am directed by the same authority under which you act to apply to you for a copy, not only of the original treaty, but likewise of “every subsequent alteration, that has been proposed on either side.” It appears therefore to me, that as soon as the alteration was proposed it ought to have been communicated to me. Had you made such communication, I should have thought it my duty to have called your attention to the principles of the treaty, and should have requested you to consider whether you were not going to act in direct violation of them. My reason for thinking so is, that I am instructed to “propose to the Court of Tuscany a treaty on the same commercial principles as are the basis of the treaty, which you are directed to propose to the Court of France.” What this basis, and these principles are, is clearly explained to me in the following instructions. “It must never be forgotten in these commercial treaties, that reciprocal and equal advantages to the people of both countries be firmly and plainly secured.” This matter gives me a great deal of uneasiness, and I am extremely anxious to know, if there be yet a possibility of stopping the execution of the article. You will therefore excuse my requesting, that you will favor me with an answer to this letter as soon as possible.[63]

I have the honor to be, with great regard, dear Sir, your most obedient humble servant,

RALPH IZARD.

BENJAMIN FRANKLIN TO RALPH IZARD.

Passy, January 29th, 1778.

Dear Sir,

I received yours late last evening. Present circumstances, which I will explain to you when I have the honor of seeing you, prevent my giving it a full answer now. The reasons you offer had before been all under consideration. But I must submit to remain some days under the opinion you appear to have formed, not only of my poor understanding in the general interests of America, but of my defects in sincerity, politeness, and attention to your instructions. These offences, I flatter myself, admit of fair excuses, or rather will be found not to have existed. You mention, that you feel yourself hurt. Permit me to offer you a maxim, which has through life been of use to me, and may be so to you, in preventing such imaginary hurts. It is, “always to suppose one’s friends may be right, till one finds them wrong, rather than to suppose them wrong, till one finds them right.” You have heard and imagined all that can be said or supposed on one side of the question, but not on the other.

I am, nevertheless, with sincere esteem, dear Sir, your most obedient and humble servant,

B. FRANKLIN.

TO BENJAMIN FRANKLIN.

Paris, January 30th, 1778.

Dear Sir,

I was yesterday favored with your letter, containing a maxim, which though a very old one, I am bound to thank you for, and can assure you, that so far from disapproving it, it has been one of the constant rules of my life. If you will be pleased to recollect the most extraordinary inattention, to say the least of it, with which I have been treated during the six months I have been in Paris, you will I hope think I have profited by it. You will be pleased likewise to recollect, that after having borne this for a considerable time, I complained to you of it. Forced as I was into this complaint, it was, however, not made without studying how it should be done in a manner least likely to give you offence. I should have been extremely glad, if you had attended to the maxim yourself yesterday. Had you done so, I should not have been supposed to have formed an opinion, that you had a poor understanding in the general interests of America, or that you were insincere. My letter had no such meaning, neither can any such construction be fairly put upon it.

I shall give you another proof of my attention to your maxim, by not being offended at your assertion, “that I have heard and imagined all that can be said or supposed on one side of the question, but not on the other.” You may depend upon it, you have adopted an erroneous opinion, and what that is I will inform you when you favor me with the explanation promised in your letter. You will do me the justice to remember, that it has been my constant endeavor to accommodate the differences, that I found prevailing to a very great degree upon my arrival here. I shall be extremely sorry, and think it a misfortune, if I should be drawn into any with a gentleman of whom I have so high an opinion as I have of you, and for whom I feel so strong a disposition to continue an esteem and friendship. This I hope will not be expected to be done at too great an expense; by my being silent when I think it my duty to speak.

I cannot conclude without again requesting, that you would reconsider the article, which was the subject of my last letter. If it is determined, that it shall stand in its present form, can there be any inconvenience in its not being finally concluded, till it has undergone the consideration of Congress? If this proposition is inadmissible, I sincerely wish, that the treaty may be for a term of years only, which is very customary in treaties of commerce, that if the mischiefs, which I apprehend, should not prove imaginary, they may have some limitation, and not be entailed on us for ever.

I have the honor to be, with great regard, &c.

RALPH IZARD.

THE COMMITTEE OF FOREIGN AFFAIRS TO RALPH IZARD.

York, February 5th, 1778.

Sir,

Your letter from Paris, of October 6th, last year, being read in Congress, afforded much satisfaction, as it signified your acceptance of the commission, which had been sent by Captain Young, and also held up a prospect of your obtaining a loan of money in Italy. Our apprehensions of danger to our liberties are reduced to the one circumstance of the depreciation of our currency, from the quantity which we have been obliged to issue. The different States are sinking their own emissions, and going largely into taxation for continental purposes; but it will require more time than we wish, before the good policy of taxation can have full effect upon the currency; therefore Congress have given, in regard to you, the same instructions as to the gentlemen at the Courts of France and Spain, and we doubt not of your best exertions.

We wish you success in the business of the enclosed resolves, as well as in every other undertaking for the good of the public, for your own personal felicity. We must leave you very much from time to time to receive intelligence of our affairs from the other Commissioners, to whom we shall have a more ready channel of conveyance, than to you.

We are, with much regard, &c.

J. WITHERSPOON, J. LOVELL.

TO HENRY LAURENS, PRESIDENT OF CONGRESS.

Paris, February 16th, 1778.

Dear Sir,

I mentioned in my last letter what good effects the successes of the American arms had produced here. Nothing could have happened more seasonably. Our affairs were in a very unpromising state, and had our military operations failed, our Commissioners would not have found themselves more acceptable here than at St James’s. This, however, affords a very satisfactory reflection to every American who loves his country; which is, that she owes her liberty and happiness to her own virtuous exertions.

The Commissioners will by this opportunity send to Congress the treaty of commerce, which was signed here a few days ago. This treaty has not been much altered from the one agreed upon by Congress, in September, 1776, and transmitted to the Commissioners to be proposed to the Court of France. The principal alteration is that respecting molasses. The 12th article in the original treaty requires, that “no duty shall be imposed on the exportation of molasses from any of the Islands of The Most Christian King, in the West Indies, to any of the United States.” When this proposition was made to the French Ministry, it was objected, that this would be laying the king under a disagreeable restraint, and would be in fact making him not master in his own dominions; but that the States might be perfectly easy on that point, as it was inconsistent with the policy of France ever to lay a duty on molasses. One of the Commissioners still discovered a great inclination to have the article inserted in the treaty, and the Ministry believing from this circumstance, that Congress had made a point of it, thought it a good opportunity to secure an exemption of all duty upon tobacco exported to every part of the French dominions, and proposed it as an equivalent. The Commissioners objected to any particular article being selected, lest it might be complained of as a partiality, and offered to exempt from duty not only tobacco but every other production of the United States, that should be exported to the West Indies, provided molasses should be exempted from duty. This was so advantageous a proposal, that it was immediately accepted by them.

While this matter was depending, it appeared to me, that a very disadvantageous bargain was about to be made on our part, and I did every thing in my power to prevent it. Mr Lee, and his brother, who is Commissioner for the Court of Vienna, agreed with me perfectly in opinion. The execution of the treaty being left entirely to the Commissioners at this Court, neither Mr William Lee nor I had any vote in the business. Dr Franklin and Mr Deane continuing determined to have the molasses exempted from duty, the article was agreed to, and now forms part of the treaty. I understand, however, that if Congress objects to it, there is a verbal promise on the part of France, that it shall be expunged.

Mr Lee has received a commission for the Court of Madrid; and the successes of America have once more put the French Ministry into good humor, so that our affairs will I hope now go well. My gout, which has been very severe, is a great deal better, and as soon as the weather grows a little milder, I intend setting out for Italy.

Ships have been despatched to America, without the least notice given to me, that I might get my letters ready; intelligence received from Congress, whatever the nature of it, has never been communicated to me but by report, and when the important news of General Burgoyne’s surrender was received, Dr Franklin and Mr Deane did not think proper to give me any information about it, though I was confined to my bed. It did not seem decent, that such an event should be communicated to me from any other quarter. These circumstances you will allow to be not very agreeable. I was determined, however, not to quarrel; it seemed to me better to bear with them, than to risk an addition to those animosities, which I have already mentioned, and which I am convinced have been very prejudicial to our public affairs. That there might, however, be no excuse for the continuance of such conduct, I wrote a note to Dr Franklin, appointed an interview, and with studied moderation, mentioned such parts of his conduct as I disapproved of. He acknowledged everything, apologized for everything, and promised, that in future I should have no reason to complain. He has not thought proper to be so good as his word, and his proceedings since have been more exceptionable than before. As far as he and Mr Deane have had it in their power, they have concealed from Mr William Lee and me every proceeding respecting the treaty of commerce, which has for some time been negotiating, and I heartily wish they had carried it through without my having occasion to interfere. I thought it my duty so to do, and have sent you my letter to Dr Franklin on the subject, with his trifling answer, and my reply.[64] This is all that has passed between us on the business, and the only satisfaction that I have in the matter is, that the French Minister has, in consequence of this correspondence, given the verbal promise already mentioned.

Should Congress be informed by either of the Commissioners, that there would have been danger of the miscarriage of the treaty if this article had not been inserted, you may depend upon it, that is not true. The Ministry were very willing to have the article respecting the molasses left out, and likewise that, which has been agreed to by the Commissioners as an equivalent. The instructions from Congress, which accompanied the treaty, did not authorise them to offer any equivalent. Congress seemed not to be much interested in the fate of the article, and the Commissioners, instead of being empowered to offer such a sacrifice in favor of the New England Provinces, were expressly enjoined to give up the article, if any objection was made to it, taking it for granted, I suppose, that it never could enter into the heart of a Frenchman to lay a duty on a commodity, that without the American market would be totally useless to them. These are the words of their instructions. “The twelfth and thirteenth articles are to be waved, if you find that the treaty will be interrupted by insisting on them.” How those gentlemen could take it upon them to act so directly in opposition to this instruction, I cannot conceive. It is true, they were both born in New England, but it is not to be supposed, that they could be so forgetful of their duty to the public, as to suffer themselves to be biassed by any such motives.

I understand they mean to exert themselves in support of what they have done, and that they expect their arguments will prevail upon Congress to approve of the article. For my part I am convinced, that the article is injurious to America, and, therefore, I have not only given myself but you a great deal of trouble about it, and bespeak your attention to it, and hope, that if you agree with me in opinion, you will not only oppose it yourself, but likewise make all the interest you can to get it expunged.

If you are acquainted with Mr Duer, I should be glad that you would communicate the contents of this letter to him, as I shall not be able to write to him by this opportunity. Every thing seems to bear the strongest appearance of war in this country, and every Frenchman seems to be desirous of it. England on her part is making great preparations, and in all likelihood there will be a very bloody contest, as the two nations are exasperated against each other to a great degree. England entered foolishly into this business at first, and she does not yet seem perfectly convinced of her error, as she is going to plunge deeper into misfortune, without men, money, or allies. Russia and Portugal are the only connexions that she has. One of these powers is in such a state as rather to require than afford assistance, and the other will have enough upon her hands from the Turks. Holland has manifested very unfriendly dispositions towards her, and the King of Prussia has given the most explicit and unequivocal assurance, that he will be the second power in Europe to acknowledge the independence of America.

The death of the Elector of Bavaria was a circumstance, that occasioned some alarm here, as it was feared that France might be forced into a continental war, in support of the succession of the Elector Palatine. This, however, in some degree has passed over, and I hope the German Princes will be left to settle their differences by themselves.

In one of my letters I informed you, that Congress had neglected to furnish Mr William Lee and me with funds to support us in the characters they had done us the honor of investing us with. We were informed, that the Commissioners at this Court were possessed of a very large sum of money belonging to Congress, and therefore applied to them for a letter of credit on their banker, to the amount of two thousand louis d’ors, each of us, on the public account, which they gave us.

You will see how improper it will be for me to depend upon these gentlemen for information respecting the proceedings of Congress, and the state of affairs in America. You will I hope take care, that they be regularly transmitted to me, as it will be of great importance to me not to be neglected.

I am, dear Sir, with great regard, &c.

RALPH IZARD.

BENJAMIN FRANKLIN TO RALPH IZARD.

Passy, March 27th, 1778.

Sir,

The bearer says he is a native of Charleston, South Carolina, and he wants a pass to go into Italy. I do not well understand the account he gives of himself. He seems to be lost and to want advice. I beg leave to refer him to you, who will soon be able to discover whether his account is true.

I have the honor to be, &c.

B. FRANKLIN.

TO BENJAMIN FRANKLIN.

Paris, March 29th, 1778.

Sir,

I have seen the person you referred to me, and who is desirous of my recommending him to you for a passport to go into Italy. He says that he was born in South Carolina, but has been so long out of it, that he neither knows anybody there, nor does anybody know him. He left London with an intention of going to Italy, and came to Paris to see the world, before he settled with a merchant, to whom he is engaged as a clerk, at a place he hears is called Livorno. As this account did not appear very satisfactory, I desired him to excuse my troubling you with any recommendations, until he put it in my power to do it with propriety.

You will give me leave to remind you, that I had the honor of addressing you on the 30th of January, in reply to yours of the 29th, and requested the favor of you to reconsider the article in the treaty then negotiating, respecting the exports of North America, which had given me much uneasiness, and in which I think myself greatly interested. From your letter of the 29th I had reason to hope, that in a few days you intended to give me an explanation on certain points, wherein I thought myself injured, and to show me that I was mistaken. In vain have I expected this satisfaction. I am very desirous of receiving it, and when the dates referred to are considered, I hope I shall not be thought too importunate, in requesting that it may be soon. At the same time, you will be so good as to inform me, why no answer has been given to my letter to you, and the other Commissioners at this Court, of the 5th of this month, and whether I am to expect any.

I have the honor to be, &c.

RALPH IZARD.

BENJAMIN FRANKLIN TO RALPH IZARD.

Passy, March 30th, 1778.

Sir,

From the account you give me of the man who pretends to be of Carolina, as well as from my own observation of his behavior, I entertain no good opinion of him, and shall not give him the pass he desires.

Much and very important business has hitherto prevented my giving you the satisfaction you desired, but you may depend upon my endeavoring to give it to you as soon as possible. An answer was written to your letter of the 5th of this month, and signed by us all, which I thought had been sent to you till Mr Lee informed me that having communicated to you the contents, you told him it would not be satisfactory, and desired it might be reconsidered, and he had accordingly stopped it for that purpose. We have not since had an opportunity of reconsidering it, and as the end is now answered by the communication of the treaty, perhaps it is not necessary.

I condole with you sincerely on the great loss sustained in Charleston by the fire in January last, said to have destroyed six hundred houses, valued with the goods at a million sterling.

I have the honor to be, &c.

B. FRANKLIN.

TO BENJAMIN FRANKLIN.

Paris, March 31st, 1778.

Sir,

I received yesterday the treaty of alliance, and the alterations that have been made in the treaty of commerce proposed by Congress, from the hands of your grandson, and likewise a letter from you, which informs me that much and very important business has hitherto prevented your giving me the satisfaction respecting your conduct which I desired, but that I might depend on your endeavoring to give it to me as soon as possible. While you were engaged in settling the treaty, I avoided giving you any additional trouble, especially as I am persuaded that the satisfactory explanation you have promised will require no uncommon exertion of your abilities. I conceive you have acted unjustifiably; you think that I am mistaken, and I shall be heartily rejoiced to find myself so. You will excuse my requesting that the explanation I have desired may be given soon.

I have the honor to be, &c.

RALPH IZARD.

TO HENRY LAURENS.

Paris, April 1st, 1778.

Sir,

I am but this moment informed by report, that Mr Gerard, who is appointed Minister Plenipotentiary from this Court to Congress, is immediately going to set out for America. It would have been improper that this should have been publicly known, as the Court of England might have endeavored to intercept him. Dr Franklin and Mr Deane were, however, acquainted with it, and as usual concealed it from Mr Lee and myself.[65] I shall make no comment on this behavior. If it does not upon the bare recital of it strike you as unjustifiable, and disrespectful to Congress, in not acquainting us whenever they knew of proper opportunities to write, nothing that can be said will make you think so.

I congratulate you most heartily on the presentation of the three Commissioners at this Court, as representatives of a sovereign and independent State. This happened on the 20th of March. I should immediately after have left this city for Italy. My inclinations lead me most strongly to do it, but I am sorry to inform you that a little longer delay is become absolutely necessary. I am assured from Florence, of the favorable dispositions of the Grand Duke towards us, and I had no doubt but immediately after the acknowledgment of our independence here, the example would have been followed in Tuscany.

Most unfortunately the death of the Elector of Bavaria has thrown all Germany into convulsions. The claims of the House of Austria to part of that Electorate, and the coldness lately shown by France towards the Emperor on that account, are likely to dispose the latter towards England in the approaching war. I say likely, for nothing is certainly known yet respecting these matters. My letters, however, from Florence give me reason to fear, that my reception there in a public character will depend upon the proceedings of the Court of Vienna. I have acted hitherto without paying the least regard to my own inclinations, in perfect conformity to what I have thought the wishes of Congress, and I shall continue to act in the same manner to the best of my judgment. It will make me very happy to be assured of the approbation of Congress.

Mr Deane, I understand, accompanies Mr Gerard, and has received a present from the French Ministry. This is a thing of course; he may, however, make use of it with Congress as a reason why he should return. I shall avoid entering into particulars respecting this gentleman, and shall only in general give you my opinion of him, which is, that if the whole world had been searched, I think it would have been impossible to have found one on every account more unfit for the office into which he has, by the storm and convulsions of the times, been shaken.[66] I am under the fullest persuasion, that the Court of France might long ago have been induced to stand forth in our favor, if America had had proper representatives at this Court. I must repeat what I have done in some former letters, that whatever good dispositions were shown by Mr Lee, they were always opposed and overruled by the two eldest Commissioners.

If Congress are desirous of having a representative in Italy, it may be proper to send a commission for the Court of Naples. It would be agreeable to me to have such a commission, so that I might be either there or in Tuscany, as occasion might require. This I only mention to you in case of such a thing being thought of. I wish not to solicit any thing for myself, neither do I desire my friends to trouble themselves much about me. Whenever they think of me without any application on my part, I look upon myself as the more obliged to them.

I am, dear sir, &c.

RALPH IZARD.

TO BENJAMIN FRANKLIN.

Paris, April 4th, 1778.

Sir,

It is with reluctance, that I find myself compelled to be again troublesome to you. Your conduct has given me great uneasiness. I have repeatedly complained to you, and you have several times verbally and by letter promised me an explanation of it. It is of great importance that I should have this satisfaction, and that it should be no longer delayed; you will therefore be so good as to write me by the gentleman, who is the bearer of this, when I may expect you to comply with your promise. I must also request that you will give me in writing the reasons, which at Chaillot you told me induced you to think, that Congress did not intend I should have the alterations proposed in the treaty of commerce communicated to me. This you assured me, at the time, should be done within a day or two, and though several weeks have elapsed, I have heard nothing from you on the subject. I mention this matter to you now, because I believe my conversation with you has been misrepresented. If this has been done by mistake, I am desirous of having it corrected.

I am, Sir, &c.

RALPH IZARD.

BENJAMIN FRANKLIN TO RALPH IZARD.

Passy, April 4th, 1778.

Sir,

If I continue well, and nothing extraordinary happens to prevent it, you shall have the letter you so earnestly desire some time next week.

I am, Sir, &c.

B. FRANKLIN.

TO HENRY LAURENS.

Paris, April 11th, 1778.

Dear Sir,

I send copies of my letters whenever I hear of an opportunity, in hopes of some of them getting safe to your hands.

Mr Adams arrived in Paris two days ago, and it is no small disappointment to me, that he has brought me no letters from you. I was at first afraid that my despatches by the Benjamin, which Mr Folger had the charge of, had been stolen, as well as Mr Lee’s, but am very glad to find, by a letter from Mr Lovell to Dr Franklin, that all my letters got safe. What a very extraordinary piece of villany this must have been. I have the strongest suspicion who the person is that was at the bottom of it, but will not take upon me to mention his name. I most sincerely hope, whoever he is, that he may be discovered and brought to light. It is much to be feared, that this will prove a difficult matter, as the person, who could be capable of it, must be sensible how dangerous it must be for him to be discovered, and, therefore, without doubt, the utmost cunning and precaution have been employed to conceal himself.

I think myself much obliged to my friends in Congress, who have assigned me the department of Tuscany; I prefer it to any of the Courts except France or England. The former, it is probable, will be filled by one of the present Commissioners. Should England in two or three years acknowledge the sovereignty and independence of the States, it would be very agreeable to me if Congress thought me worthy of being their representative at that Court. I flatter myself with the hopes of having your approbation; at the same time, I must repeat what I have mentioned in a former letter, that I would wish to be as little troublesome to my friends as possible.

It is particularly distressing to me, as I am living at the public expense, to be obliged so often to inform you, that it still continues improper for me to go to Florence. I have consulted this Court on the subject, and they are of opinion, that I should wait here until a more favorable opportunity offers. In following this advice, I think that I am acting according to the wishes of Congress, and you may depend upon it, that I shall upon all occasions continue to do so to the best of my judgment. I have not written lately to the Committee of Foreign Affairs. As I have written to you by every opportunity, I thought it unnecessary, and I should be obliged to you if you would give that reason to them. I have never had any instructions on this point from Congress, and whenever you receive anything from me, which you think necessary to be laid before those gentlemen, I should be obliged to you if you would be so good as to communicate it to them. You will be so good as to let me have your opinion on this point, whether it will be necessary for me to write to the Committee, or if it will be sufficient for me to write to you only.

The Commissioners at this Court have not yet been received into the Corps Diplomatique, because they have not had proper letters of credence from Congress. When those letters are sent to them, you will be so good as to let them be sent to me and also to Mr William Lee. The title of Commissioner is not at present used, as formerly, at the Courts of Europe. I will venture to give you my opinion privately on this subject, which is, that the representatives from the States of America at the Courts of France and Spain should be Ambassadors, and at the others Ministers Plenipotentiary. The last title is in general use; the persons possessed of it take rank below envoys, and therefore I would prefer it because it will probably prevent all disputes. I mention this solely to yourself, and you will either make use of it or not, as you think proper.

Mr William Lee has a commission not only to the Emperor, but likewise one to the King of Prussia. This is a very unlucky circumstance, as those two princes are, in all probability, on the point of going to war with each other. Mr Lee is gone into Germany, without being fully determined which Court he should present himself at first. I am inclined to think, that it will be that of Berlin. Congress, in the commission which was sent out for the Court of Vienna, forgot to mention the Empress Queen. This was a great mistake, as she is during her life the sovereign of all the hereditary dominions of her family, and the Emperor is only head of the German Empire. I do not know whether Mr Lee has mentioned this in his letters to Congress, but it is of considerable importance, and should be attended to whenever a new commission is sent out.

I have the honor to be, &c.

RALPH IZARD.

P. S. The seal, that I shall make use of in all my letters to you, will either be my coat of arms, which is on this; or a rattlesnake with this motto, “don’t tread on me.”

TO BENJAMIN FRANKLIN.

Paris, April 25th, 1778.

Sir,

It is with the utmost astonishment, that I find myself so often obliged to remind you of your engagement to me. You have repeatedly given me the strongest assurances, that you would justify your conduct to me in writing, but you have not kept your word. Dr Bancroft and your grandson have both told me, that this justification has long ago been begun, and you have several times been employed about it.

The cautious manner in which you concealed the departure of M. Gerard, the French Plenipotentiary, and Mr Deane, from those who have complaints against you, manifest on your part no inclination to discontinue the causes of them. The losses of the public despatches to Congress, by accident at sea, by the capture of the enemy, and by the villany or negligence of those to whose care they have been intrusted, ought to have deterred you from concealing so safe an opportunity from those, whose duty requires them to write. It might have been very proper, that the port from which they were to sail should have been concealed, as well as the manner of their going, but it appears to me to have been your indispensable duty to inform those gentlemen, who have the honor of holding commissions from Congress, whenever you know of a safe opportunity of writing to America.

It may not be necessary to discuss this point with you, as it will probably be laid before Congress, and they will form a proper judgment, both of the fact and your motives. My business with you at present respects your conduct previous to the departure of M. Gerard and Mr Deane, and I wish that neither your attention nor mine may be drawn from it. Mr Lloyd has informed me, that you told him there would be an opportunity of writing soon to America. I must request, that you will no longer attempt to amuse me with promises and excuses, but that you will give me the explanation, which you have so often bound yourself to give that it may be laid, by that opportunity, if necessary, before the representatives of my country, or that you will let me know in writing, that you will not give it me.

I am, Sir, &c.

RALPH IZARD.

JOHN J. PRINGLE TO RALPH IZARD.

Paris, April 26th, 1778.

Sir,

In compliance with your request I waited on Dr Franklin and delivered to him your letter; he had scarcely read it when he said, “Mr Izard has written me a very angry letter; please to tell him, that he has only made use of general assertions of my having done wrong, which I cannot otherwise answer than by denying. If I have given him any causes of offence, he should let me know what they are.” To this I replied, “that you had been kind enough to form so good an opinion of me, as to admit me into a share of your confidence, therefore I could take upon me to say, that you were persuaded you had clearly stated, in the several letters he had received from you, circumstances affording sufficient grounds of offence.” He said, “he should be glad to know what those circumstances were.” I answered in the first place, “that conceiving it your duty as a member of the States, having a considerable fortune there, and intrusted with a commission from Congress, to communicate as occasion offered all the intelligence you could, you found this communication greatly obstructed by a concealment on the part of Dr Franklin of proper opportunities, when it was quite unnecessary, or when the end of secrecy might be answered, though you had been intrusted with the knowledge of them.” Upon which Dr Franklin told me, “that you had only complained of this in the present letter, and as to the particular opportunity you mentioned by Monsieur Gerard, or Mr Deane, he had not himself looked upon it as a good or proper one, and had not himself made use of it to write.”

As another ground of complaint I observed, “that while the commercial treaty was on the carpet, you considered one article as highly unreasonable and inexpedient, and therefore expressly objected to it; you had in a letter fully specified the reasons upon which your disapprobation was founded, and had sent this letter to Dr Franklin, in hopes of his removing your scruples, and setting you right if you were wrong, or letting your reasons and objections, if they were just, produce some good effect before the conclusion of the treaty, but you had never been favored with any answer on the subject, though you had repeatedly requested it.” Dr Franklin alleged, “that he would have given a full and satisfactory answer, but he had been prevented by business and various avocations, that he was still willing to give one, but could not conceive why you should be so impatient. Suppose he could not give it for a month hence, what great inconvenience would it occasion?” I observed, “that the sooner you had it, you might be the better prepared to guard against any misrepresentation.” Dr Franklin assured me, that he had not been, nor would he ever be, guilty of any misrepresentation; so far from it, that he had not even written anything concerning the matter. I told him, perhaps you might choose to lay it before Congress, and his answer might enable you to do it more fully and satisfactorily. Dr Franklin said you should have an answer, but you must be patient, for he really was very much engaged by other business, and interrupted by people continually coming in upon him, though some upon frivolous errands, as was the case with the two Frenchmen, just gone away, who came only to ask him to buy cloth.

I suggested as a third ground of complaint, that you had been directed by the Congress to propose to the Court of Tuscany a commercial treaty similar to the one concluded with this Court, which you therefore required as necessary for your regulation, in pursuance of the instructions of Congress, who directed you should have, not only the original treaty, but also the alterations which might be proposed; both were nevertheless withheld from you by Dr Franklin without the least regard to your applications. Dr Franklin replied, “did he go into Tuscany? Has not the treaty been sent to him?” I said, you had good reasons for staying; that the treaty was kept from you till the other day, when perhaps it was necessary for you to have had it as early as possible, even previous to your departure, to give it the maturer consideration, and because there might be explanations you would like to have made here, or observations might occur to you, which you might think it advisable to communicate to Congress, to have their further instructions as soon as you could.

I do not recollect, that Dr Franklin made any direct reply to this. He observed, that he was clear he had not given you any just cause of offence, or reasonable grounds of complaint, that he was studious to avoid contention; he acknowledged that he owed you an answer, but though he was in your debt he hoped you would be a merciful creditor; he would say, as the debtor in the Scripture, “have patience and I will pay thee all;” that you certainly ought to give him time, as you had urged so much matter as would require a pamphlet in answer. I told him, that I was sure it was far from your disposition to court quarrels, that if the reasons he gave in his answer to you were just and satisfactory, you would undoubtedly allow them their full weight; that satisfaction you were desirous of having, and were anxious to have the affair ended. He said he should endeavor to do it as soon as possible; in the mean time, he hoped to have no more such angry letters from you; his answer he promised should be a cool one, and that people who wrote such angry letters should keep them, till they sufficiently reflected on the contents, before they sent them.

The above is nearly, to the best of my recollection, the substance, if not for the most part the words, of the conversation, which passed between Dr Franklin and myself, upon delivering him your letter today.

I have the honor to be, &c.

JOHN JULIUS PRINGLE.

COMMITTEE OF FOREIGN AFFAIRS TO RALPH IZARD.

York, May 14th, 1778.

Sir,

Your favor of December the 18th came to hand the 2d of this month, with the despatches of our Commissioners at the Court of Versailles, from whom we had received nothing regularly for about a whole year.

The decisive part, which His Most Christian Majesty has at length taken in our cause, must greatly influence other crowned heads in Europe, not immediately allied to Britain, to desire a portion in our friendship and commerce, and must prepare the way for your welcome reception at the Court of Tuscany. We are pleased to find, that you have formed a connexion with one, who promises to be so friendly to your Commission as your correspondent, the favorite Minister of the Grand Duke, and we think you could not have done better than in following his past advice.

The enclosed resolve of Congress of the 7th inst will remove any doubts about your support, which may have arisen in your mind from an omission on our part, which did not occur to us until we received a hint of it from the gentlemen at Paris, in their letter of February the 16th.

Other papers herewith sent will convey to you a general idea of our affairs, and we hope you will be particularly industrious to expose those attempts of our enemies, which are calculated to lead Europe to think we are not thoroughly fixed in our plan of independence. You may observe, that we proceeded on the draughts only of two intended bills, which had been sent to America by the British Ministry. We should not have done this, but from a conviction of insidious intentions founded upon former attempts to hurt our character abroad. We were so well satisfied of the spirit of these States to persevere in a noble cause, that we should have waited for the bills themselves, if we had not been anxiously attentive to the good opinion of Europe and the rest of the world. We were altogether strangers to the happy state of our affairs in France, accident and knavery having suppressed the despatches of our friends, as our former letters will prove, if any attempts shall be made to attribute our late determined conduct to a knowledge of our new alliance. Congress unanimously ratified the treaties on the 4th, and the people have showed their satisfaction, wherever the knowledge of the proceeding has reached. The army also, which is daily increasing in strength, has expressed its joy, and is now prepared either for honorable peace, or a continuation of the just war.

We shall endeavor to procure an enlargement of your powers, and shall immediately forward them to you. There can be no danger of any clashing of future treaties with those now made, provided the plain principles of mutual benefit, without any exclusive privileges, are made the basis. We send you the first volume of the Journals of Congress, another will be out in a few days, and shall be forwarded also. We recommend to you the frequent communication of your proceedings, and we wish you every felicity, being, Sir, your affectionate humble servants,

R. H. LEE, JAMES LOVELL, ROBERT MORRIS.

P. S. You are to have Plenipotentiary Commissions, with instructions not limiting the terms of the proposed treaties of amity and commerce.

TO ARTHUR LEE.

Paris, May 18th, 1778.

Dear Sir,

The fifth article of the treaty of alliance has given me a great deal of uneasiness, as it seems to have been intended to exclude the United States of America from possessing themselves of the two Floridas. The article is as follows. “If the United States should think fit to attempt the reduction of the British power remaining in the northern parts of America, or the Islands of Bermudas, those countries or islands, in case of success, shall be confederated with or dependant upon the said United States.” I had the honor of stating my apprehensions to you and the other Commissioners at Passy, on the 3d instant.

Dr Franklin did not think they were well founded, nor that any such construction could possibly be put upon the article. North America, he said, strictly speaking, comprised all parts of the Continent north of the Equator, and the Floridas being in the latitude of thirty degrees north, would be comprehended within the meaning of the words “northern parts of America.” I thought it would be best to put it out of all doubt by getting that explanation of the words under the hands of the French Ministry, especially as they would at least admit of dispute, and might in future produce disagreeable consequences. Dr Franklin said, that Congress had given some instructions respecting the cession of part of Florida to Spain, and objected to making any application on the subject to the French Ministry, as it might be taken ill, and added, if my apprehensions were ever so just, it was too late for any remedy in France, but that the Commissioner for the Court of Madrid might guard against any bad consequences in the treaty, which he had to conclude with that Court.

The resolution of Congress of the 30th of December, 1776, to which Dr Franklin alluded, extends only to the town and harbor of Pensacola, and circumstances are much changed in America since that resolution was made. It declares, “that if His Catholic Majesty will join with the United States in a war against Great Britain, they will assist in reducing to the possession of Spain, the town and harbor of Pensacola.” Had Spain complied with the request, had she stood forth our friend in the day of distress, the offer made by Congress might with propriety have been claimed. She did not declare war against Great Britain, and I do not know, that she has done anything yet to entitle her to any great share of our regard. It appeared to me, that if the French Ministry understood the words, as explained by Dr Franklin, they could not take it ill, that such an explanation should be required of them, but if they intended to have them understood as I feared they did, this was the proper place to have the doubts cleared up. If the words were meant to exclude the United States of America from the acquisition of the Floridas, it must have been intended for the benefit of Spain, and therefore the less likely was it to obtain any satisfaction from that quarter.

North America, strictly speaking, according to Dr Franklin, comprises all parts of the Continent north of the Equator. By the same rule it may be said to extend to the ninetieth degree of latitude. Considered in this point of view, no parts to the southward of fortyfive degrees can with propriety be called the northern parts of America. But the article seems to have no relation to so extensive a signification, and expresses the intentions of the framers of it very clearly. “If the United States should think fit to attempt the reduction of,” not the northern parts of America, but “the British power remaining in the northern parts of America.” This power, without taking notice of an inconsiderable settlement on the Mosquito shore, or of Hudson’s Bay, may be said to have extended from the most southern point of Florida to the most northern part of Canada, and I am of opinion, that the United States of America will not be satisfied if any attempts are made to circumscribe their possessions within narrower limits.

The 9th article of the original treaty approved of by Congress in September, 1776, and transmitted by them to the Commissioners at this Court, not only confirms me in this opinion, but throws great light upon the intentions of the French Ministry. It is as follows; “The Most Christian King shall never invade, nor under any pretence attempt to possess himself of Labrador, New Britain, Nova Scotia, Acadia, Florida, nor any of the countries, cities, or towns on the Continent of North America; nor of any of the Islands of Newfoundland, Cape Breton, St Johns, Anticosti, nor any other island lying near to the said Continent in the seas, or in any gulf, bay, or river, it being the true intent and meaning of this treaty, that the said United States shall have the sole, exclusive, undivided, and perpetual possession of all the countries, cities, and towns on said continent, and of all islands near to it, which now are, or lately were under the jurisdiction of, or subject to the King or Crown of Great Britain, whenever they shall be united or confederated with the said United States.” These words admit of no mistake, no hidden meaning is concealed under them, nor could there be any possibility of contentions respecting the countries therein described, had they been inserted in the treaty.

With all due deference to Dr Franklin, I cannot help declaring, that I am firmly persuaded that the Court of France would not have substituted the 5th article in the place of the above, if they had not had some designs contrary to the intentions of Congress, so clearly expressed in their 9th article. His Most Christian Majesty, in the 11th article of the Treaty of Alliance, does not guaranty generally to the United States their possessions, and the additions or conquests that their confederation may obtain during the war, from any of the dominions now, or heretofore possessed by Great Britain in North America, but stipulates that the guaranty shall only be conformable to the 5th and 6th articles. The latter of these contains nothing but a renunciation on the part of France of the Islands of the Bermudas, and of the whole continent of North America. As France does not pretend to any claim upon the Floridas, this renunciation can in no respect affect those Provinces. Spain, who was at the peace in 1763 obliged to cede them to Great Britain, may be desirous of resuming them, and the 5th article in the Treaty of Alliance seems to lay the foundation of such a claim. Should that event ever take place, it would prove extremely prejudicial to the interests of the United States in general, but particularly to those of the South. Spain would by that means have a direct communication with the Indians on our frontiers, and have it in her power to disturb our settlements whenever she pleased.

Lieutenant Governor Moultrie, in his letter from Augustine, of the 4th of October, 1775, to General Grant, which was intercepted and published by Congress, among other reasons why General Gage should protect Florida, gives the following; “Consider, says he, that this is the best and only immediate communication between Great Britain and our red brothers,” the Indians. What a horrid use our enemies have made of this communication, you are well acquainted with. Florida was never of any advantage to Spain when in her possession, nor is it probable it ever would be, were it so again; but it will be of the greatest importance to the States of America, on account of security, which in all negotiations has been thought a sufficient reason for a claim, though no right existed, which is not the case in the present instance. In the 11th article, France guaranties to the United States, “their possessions and the additions or conquests, that their confederation may obtain during the war from any of the dominions now, or heretofore possessed by Great Britain in North America, conformable to the 5th and 6th articles.” In the 6th article, I observe, that “The Most Christian King renounces forever the possession of the Islands of Bermudas, as well as of any part of the continent of North America.” Nothing is said about Newfoundland, St Johns, Cape Breton, and the other islands on our coasts. Were they understood to be included in the renunciation and guarantee? Congress, in their original treaty, did not choose to trust to any future constructions, but mentioned each of these islands particularly by name. Whatever power may be in possession of them will in a great measure command the fishery.

This is a matter of great consequence, but, however just my apprehensions may be on this point also, I fear it is now too late to receive any satisfactory explanation respecting it at this Court, and we must again turn eyes towards you for relief. If the Court of Madrid could be prevailed upon to guaranty the Floridas, and these islands also to the United States, you would render an essential service to your country. I have upon many occasions experienced, that whenever her welfare has stood in need of your exertions, you have been ready to afford them, and, therefore, I cannot doubt but you will also do it in the business, which I have just laid before you.

I have the honor to be, &c.

RALPH IZARD.

ARTHUR LEE TO RALPH IZARD.

Chaillot, May 23d, 1778.

Dear Sir,

I have received your favor of the 18th, and remember well the conversation you mention. The 5th article stood originally thus. “Si les Etats Unis jugent à propos de tenter la conquête de la Canada, de la Nouvelle Ecosse, de Terrenueve, de St Jean, et des Bermudes, ces conquêtes en cas de succès appartiendront aux dits Etats Unis.” Even this did not appear to me adequate to the intentions of Congress; I therefore proposed that it should be as extensive and explicit, as was marked out to us in the 9th article of the plan proposed by Congress. My colleagues did not agree with me, and I remember perfectly Dr Franklin’s answer was, that Congress had receded from those claims since, by the concessions directed to be made to Spain. I submitted mine to the opinion of my colleagues.

I have already asked the commands of Congress, relative to conceding anything to Spain agreeably to the instruction of the 30th of December, 1776, which you mention, and you may be assured that I will never subscribe the cession of one inch of what Congress has claimed in the 9th article of their plan, without their express orders. I shall make no observations respecting the degree of gratitude to which Spain may be entitled, but the leaving of articles so loose as to occasion disputes, or making cessions which may plant a thorn in the side of any of the United States, is not the manner I should choose of showing it. How the 5th article came changed so much from what it was at first I never could learn. In my own justification I must observe, that from the conduct of one of my colleagues, and the intrigues of the other, I was furnished with a kind of half information, and secretly counteracted, so as to render it very difficult for me to be of any utility whatever in this negotiation.

I have the honor to be, &c.

ARTHUR LEE.

TO BENJAMIN FRANKLIN.

Paris, June 17th, 1778.

Sir,

Mr Pringle, who was the bearer of my last letter, has given me an account of his conversation with you on the subject of it. It would have been much more satisfactory to me, if, instead of speaking to him about the contents of it, you had done me the honor of writing an answer to it. Words which pass in conversation are sometimes forgotten and sometimes misunderstood. Misrepresentations are sometimes the consequence, which though produced by mistake, to a mind affected by ill treatment, of which neither the occasion can be learned nor the progress stopped, may pass from effects proceeding from either causes. I enclose you a copy of Mr Pringle’s letter. You will be so good as to correct any mistakes that may be found in it. Some there probably are; I do not, for instance, think it likely you could have said that you did not know what I complained of, at the same time that my complaints appear so numerous, that it would require a pamphlet to answer them. It is impossible that both these assertions can be true; and though I cannot agree with you in either, I shall not dispute about them, but refer you to the several letters which I have written since the receipt of your favor of the 29th of January.

I have requested to be informed of your reasons for withholding from me all communications respecting the treaty of commerce during the negotiation, contrary to an express instruction of Congress. You have constantly, in spite of every endeavor on my part to get your reasons in writing, wrapped yourself up with caution, and notwithstanding the repeated breach of your engagement with me, have not been ashamed to make promises of the same kind and break them again, to amuse me till Mr Deane had an opportunity of going privately away. I shall not examine your inducements for so carefully avoiding to commit yourself to paper on this subject, but only observe that this determination compels me to mention the reasons given by Dr Bancroft and your grandson, which it would have been more agreeable to me to have had under your own hand. Those gentlemen have informed me, that some proposals which Mr Lee had made to you and Mr Deane, respecting his brother and me, made you apprehensive, that it was intended to have us admitted into all consultations, and that every question should be carried by a plurality of voices; that this had determined your conduct with respect to communications to me; but that if you had been ever so well inclined to communicate anything relative to the treaty, you lay under such strong injunctions of secrecy from the French Ministry, that it was out of your power to do it.

With respect to the first of these reasons I shall observe, that if Mr Lee ever made any such proposal, it was entirely unknown to me. I have spoken to him on the subject, and he declares that he never said anything that could in the least justify such an apprehension. There does not indeed seem the least probability that such a proposal could have been made. The unfortunate dispute in which he was engaged with you and Mr Deane, and the decided majority of which you were possessed, would have made such an attempt on his part too weak for a man of common understanding. With regard to the injunctions of secrecy, which the French Ministry are said to have laid you under, I answer, that you had no right to lay yourself under any such injunctions. Before you can avail yourself of that excuse, you should show that you had reminded the French Ministry of there being at that time in Paris two other Commissioners of Congress, to whom your duty required you to communicate not only a copy of the treaty originally proposed by Congress, but also whatever subsequent alterations might be proposed on either side. Had this been done, and had they expressed a desire that those Commissioners also should be unacquainted with the transaction, rather than the smallest obstruction should have been thrown in the way of the negotiation, I should have been contented to have had it kept from me as long as you thought proper.

Having examined these reasons, and I hope at least shown the probability of their being only pretended ones, I shall proceed to state what appears to me to be the true cause of your conduct, and as it will be necessary to trouble you with a dull narrative, you will I hope excuse it on account of the importance of it. I received a letter in October last from Mr William Lee, one of the joint commercial agents for conducting the affairs of the Congress in this kingdom, desiring my attendance at your house at Passy, and informing me, that he had something of importance to lay before the Commissioners. I accordingly attended, and heard an account of some very extraordinary abuses and embarrassments in the commercial department, owing to the misconduct of Mr Thomas Morris, late one of the joint commercial agents, and to the claim which certain persons made to the management of the affairs of the Congress at Nantes. Mr Lee complained of great obstructions, which he had met with from these circumstances, that so far from receiving any assistance from the Commissioners, they seemed to have encouraged the persons who opposed him in the discharge of his duty, and that he had repeatedly written to the Commissioners for their support, without ever having been able to obtain the favor of an answer. He expressed his desire of returning to Nantes, and using his endeavors to prevent the repetition of such abuses as had been stated, and did not doubt but with the support of the Commissioners he should be able to render this material service to the public. The support which he required was a letter from the Commissioners, addressed to all such captains of ships as were in the service of the United States, informing them, that he was an agent properly authorised by Congress to manage their commercial concerns in this country, and that it would be proper for them to follow his instructions. This request, which appeared to me extremely reasonable, was to my astonishment rejected both by you and Mr Deane.

This appeared the more extraordinary to me, as you both acknowledged, that you were perfectly convinced of the truth of what Mr Lee had stated to you, and said you had laid these abuses before Congress, and complained in the strongest terms against Mr Thomas Morris, whose misconduct had occasioned some of them; that Congress had given you a tacit reproof, by taking no notice of the complaints you had made, and that Mr Robert Morris, a member of the committee for foreign affairs, had given you a rap over the knuckles for having made them. I begged you to consider that the silence of Congress, which you had construed into a reproof, might have been occasioned by the multiplicity of business they had to transact, or they might have attended to it, and their letter on the subject have miscarried. This you said could not have been the case, as the complaints to Congress against Mr Morris made but part of your letter; there were several other matters contained in it, which were all answered, and as the complaint against Mr Morris was the only part unnoticed, you considered it as a reproof to you for having written to Congress about it. You had attempted once to correct the abuses, which every body knew were practising at Nantes to a very scandalous degree. Mr Robert Morris had misrepresented your good intentions, and had insinuated in his letter to Mr Deane of June 29th, that your complaints against his brother were made from interested motives, and that you wished him removed to make way for your nephew. As your conduct had in one instance, relative to the abuses at Nantes, been thus misrepresented, you were determined it should in no other, by adhering to your resolution of not meddling with them.

Your reasons did not appear at all satisfactory to me, and I took the liberty of telling you so, which gave you very great offence. I was extremely sorry for it, but did not at that time, nor have I upon the most mature deliberation since been able to conceive how it could have been avoided consistent with my duty. I requested you to consider how unreasonable it was, to allow your resentment against the Committee for a supposed tacit reproof, and against Mr Robert Morris for what you called a rap over the knuckles, to operate to the prejudice, perhaps to the destruction of the commercial concerns of your country. Your answer was direct and positive; “If these consequences should happen, Mr Robert Morris and the Committee must be answerable for them, but you were determined not to meddle with the matter.” In this determination Mr Deane co-operated, and we parted without Mr Lee’s having been able to obtain any satisfaction on the subjects of his complaints, except a promise on your part to countermand an order you had given relative to the sale of one of the prizes at Nantes. This promise, however, I understand was not fulfilled. I most solemnly protest, that I believe this interview to have been the cause of your excluding me from all communications.

Perhaps it may be said, that you were not required by Congress to make those communications. This may be considered in the nature of those injuries against which no positive law can be produced, but which are, notwithstanding, known to be injuries by all the world. Had the directions of Congress, however, in these points, been as explicit as words could make them, I doubt not but you would have found the means of evading them, as you have in others, if it suited your purpose, and have drawn arguments for your justification from every source. I shall trouble you with my reasons for thinking so. I requested of you at Chaillot, to let me know why you had disregarded the instructions of Congress respecting the treaty; you expressed your doubts whether Congress intended to have anything communicated to me, except the treaty after it was concluded. I referred you to the words of the instruction itself, which I had quoted to you in my letter, and asked you if you thought it possible, that the gentlemen who had written them could have been so ignorant, as not to know the distinction between a proposition and a conclusion. Other doubts arose. If I had been at Florence, the department which was assigned me by Congress, it might have been inconvenient to have followed the strict letter of the instructions, by sending every alteration of the treaty, that might have been proposed on either side, on account of the danger of their being intercepted.

In this I agreed with you perfectly, and told you that if I had been at Florence, you would have had an excuse which at that time was of service to you. I am sorry to be obliged to refer to words spoken in conversation; I have wished to avoid it, but you have put it out of my power. Had you written down what I have just related, which you promised me to do, it might have been of service to you in one instance. You would have recollected having already given it as your opinion, that if I had been at Florence, it would have been improper to have sent me the alterations proposed in the treaty, and would probably not have mentioned to Mr Pringle a reason in your justification totally the reverse of this. As you have, however, done it, it will be necessary to remind you that my not having gone to Florence has been entirely owing to reasons given me by the Tuscan Minister at this Court, which I have informed Congress of. These reasons were also communicated to you and the other Commissioners, and you thought they ought to be complied with.

You observed to Mr Pringle, that I had written you an angry letter. When you reflect upon your proceedings towards me, that ought not to surprise you. Having considered myself injured by you, I make a complaint to you in writing; you deny that it is well founded, and promise me an explanation of your conduct. Relying upon your word, I suffer myself to be amused from time to time by promises and excuses, till Mr Deane, who has supported you in all your measures, sails for America. Would it not have been fair and honorable to have given me your reasons in justification of your conduct before that gentleman’s departure, that I might have had an opportunity either of being convinced by them or of refuting them, and that his verbal representations in America might not be made without having anything from me to oppose them.

I am very gravely told, that as a proof of your not having thought it a good opportunity, you had not yourself written by Mr Deane. Is there a man of common sense in the world, who will not see, that as Mr Deane is a party concerned in the contest, which has unhappily subsisted between us, and of course will be interested in your justification, there was no absolute necessity for your writing, but that the very reverse was the case with me? Having thus blown up a flame about me, you are unreasonable enough to be surprised at my being warmed by it. Does not this resemble the conduct of the tyrant Kouli Khan, who, having cut the tendons of a man’s legs with his sword, would afterwards have compelled him to dance? I must be very plain in telling you, that I envy not the feelings of that man, be his reputation ever so highly exalted, who can with coldness either offer or receive an injury.

I have been told by a gentleman, that the French Ministry had desired that Mr Arthur Lee and myself, expressly mentioned by name, might have certain matters concealed from us. I cannot take a step in this business without having some insinuation to encounter. My informant was not so explicit as I wished him to be. He did not acquaint me with the points intended to be concealed, whether they related to the treaties or to the departure of Mr Deane. I must beg the favor of you, therefore, to let me know if you were desired by the French Ministry to conceal either or both the matters from me by name, or whether, as I believe to be the case, you had no such injunctions at all. There is reason to believe, that the insinuation is injurious both to the French Ministry and to us. I have never, by any part of my proceedings, subjected myself to be refused admittance into their presence. I have never been compelled to have recourse to any person to soothe and deprecate their resentment, excited by transactions, which they thought obliged them to make use of expressions highly reflecting on the honor of my country, at the very time when perhaps the interests and even the safety of America might have been affected by that resentment. Will you undertake to make the same declaration? If you do, it shall appear, that I do not deal in insinuations; and if the Ministry were inclined to show any marks of their dissatisfaction, the world will judge who were the persons most likely to experience them.

If after having been made acquainted with the instructions of Congress relative to the treaty, the Ministry desired to have the proposed alterations concealed from me, and there was any danger of an obstruction to your negotiation if the directions of Congress were insisted on, I shall endeavor to learn what could have induced them to such a conduct. The mischievous tendency of some parts of the treaty might have been pointed out, had they been communicated to me before it was too late, and a troublesome and ineffectual application to the Court of Spain for relief might have been rendered unnecessary.

I am, Sir, &c.

RALPH IZARD.

TO HENRY LAURENS, PRESIDENT OF CONGRESS.

Paris, June 28th, 1778.

Dear Sir,

The treaties are expected to arrive soon in France, as Congress received them by the Sensible, a French frigate, in the month of April. In some of my letters I informed you of my sentiments on one or two of the articles in the treaty of commerce, and of the ineffectual steps, which I took in consequence of them. Whether Congress has been made acquainted with these sentiments, or whether they approve of them, I know not, as I have not received a letter from you, from the Committee, nor from any member of Congress, since my arrival in France. The treaties were not communicated to me till the 30th of March, when they were half the way over to America, and of course too late for any alterations to be made until they had undergone the inspection of Congress.

From the dispositions of the principal parties concerned in the negotiation, and from the manner in which my application respecting the eleventh and twelfth articles of the treaty of commerce was received, there is very little reason to think, that any objections, however justly founded, would have made any impression. I have, however, done every thing in my power, and I shall be very happy if any good effects should be produced by my endeavors. It has been my constant wish to avoid contentions of every kind; it has been particularly my desire to avoid them with Dr Franklin from every consideration. His abilities are great, and his reputation high. Removed as he is at so considerable a distance from the observation of his constituents, if he is not guided by principles of virtue and honor, those abilities and that reputation may produce the most mischievous effects. I send you by this opportunity some papers, which I desire may be communicated to my countrymen from South Carolina, who are members of Congress, and if it is your opinion, that they or any part of them should be laid before Congress, you will be so good as to do it. If, on the contrary, you think the situation of affairs will make it improper to trouble Congress with them, you will withhold them. It is my wish, however, that you may approve of their being communicated to Congress. Whatever may be your determination, I shall think I have acted right in communicating them to you. You will find from them with what caution the treaties were concealed from me, while they were negotiating, and even after they were signed. When Dr Franklin thought Mr Deane had been gone long enough to get to America, before any observations could be written on the contents of them, they were sent to me. The article respecting molasses, in the treaty of commerce, may be productive of considerable mischief.

I can, however, account for that transaction from natural causes. Two of the gentlemen engaged in it were born in New England. That part of America is possessed of very few articles of export, and the great use which is made there of molasses makes it a very desirable object, that it should be perpetually exempted from duty. The articles in the treaty of alliance, which I have complained of, are infinitely more mischievous, and when I attempt to account for the conduct of the gentlemen, who have concluded them, and at the same time set aside the clear and unequivocal article on the same subject, transmitted to them by Congress, I am utterly incapable of doing it without suspecting the most dishonorable practices, which I cannot think they have been guilty of.

It appears the more unaccountable, when the instructions, which were transmitted by the Congress to the Commissioners at the time the original treaty was sent, are examined. Congress judged, that some alterations might be found necessary, and explained their intentions in the following manner. “It is the wish of Congress, that the treaty should be concluded, and you are hereby instructed to use every means in your power for concluding it, according to the plan you have received. If you shall find that to be impracticable, you are hereby authorised to relax the demands of the United States, and to enlarge their offers, according to the following directions.” In these instructions, such articles as it was thought would admit of alteration are pointed out. But the ninth article is not among the number. It seems indeed essential to the safety of the United States, that the countries and islands therein expressly mentioned, should be in their possession. There is a most uncommon degree of effrontery in Dr Franklin’s declaring, that the fifth article of the treaty of alliance could not possibly admit of such a construction, as I apprehended might be put upon it. I have not the least doubt but it was intended to leave an opening for negotiating Florida into the possession of Spain, if the successes of the House of Bourbon against England should put it in the power of the former to dictate the terms at the conclusion of a general peace. It is more than probable likewise, that what I have hinted at in my letter to Mr Lee, respecting Newfoundland, and the other Islands on our coasts, and the fishery, may in future be productive of a great deal of trouble, if proper explanations are not obtained in time.[67]

If anything was necessary to make the effrontery, which I have just taken notice of, complete, it was Franklin’s observation, that if my apprehensions were ever so just, it was now too late for any remedy here. His tricks and chicanery put it out of my power to make any objections before the treaties were signed and sent to America, and then he gives that as a reason, why no remedy should be attempted against the evil, which is pointed out. In my conscience, I believe him to be an improper person to be trusted with the management of the affairs of America in this kingdom. If he were sent to the Court of Vienna he could not have an opportunity of doing any harm. No affront could be taken at this exchange, as that Court is in general looked upon to be the first in Europe, and it is improper for the same person to have a commission both for Vienna and Berlin.

The English newspapers have given us the proceedings of Congress on the 22d of April, respecting the conciliatory bills. I am very anxious to know what reception the Commissioners have met with, and the extent of their powers. It is much to be lamented, that they have not been enabled by Parliamentary authority to acknowledge the independence. The Ministry are fully convinced themselves, that nothing else will do, and yet they continue to act under the same dreadful infatuation, which has already produced so many calamities to their country, and refuse to adopt any measures, however salutary, till it is too late. I most ardently wish for peace, provided it can be obtained upon terms, which Congress may think proper to be accepted.

Mr William Lee has been some weeks at Vienna. He writes me, that the French Ambassador advises him “to wait there with patience, till the prospect of things open a little more than they do at present.” I have informed you in several of my letters, that my reception in Tuscany depends entirely upon the proceedings of the Court of Vienna. The Emperor and the King of Prussia are each at the head of a powerful army in Silesia, and within a few miles of one another. A negotiation has been for several weeks constantly carrying on with respect to the succession of Bavaria, and it is astonishing, that nothing is yet concluded. Each of those princes has two hundred and fifty thousand regular troops, and more are continually raising. The Emperor has, besides, the Hungarian nobility and their dependants, who may upon occasion be called upon to serve. They are supposed to form a body of about three hundred thousand men, and may be looked upon as militia.

The King of Prussia, although negotiating with the Emperor, is not idle in other matters. He is using his utmost endeavors to excite the northern powers to join him against the House of Austria, and if he succeeds in bringing about an accommodation between the Russians and the Turks, the Czarina will certainly afford him very powerful assistance. Whether either the Emperor or the King of Prussia will be connected with England does not yet appear. Neither of them seems inclined to offend her at present. The troubles in Germany have certainly produced this effect on the King of Prussia, for he made the clearest declaration before the death of the Elector of Bavaria, that he would be the second power in Europe to acknowledge the independence of America.

I am, dear Sir, &c.

RALPH IZARD.

TO HENRY LAURENS, PRESIDENT OF CONGRESS.

Paris, July 25th, 1778.

Dear Sir,

The treaties were received by the Spy on the 9th instant, I am glad to find that the 11th and 12th articles of the treaty of commerce appeared to Congress in the same light that they did to me. The Committee of Foreign Affairs, in their letters to the Commissioners here, of May 14th and 15th, made nearly the same observations that I did to Dr Franklin, in my letter to him on that subject.

I have not however the satisfaction of knowing whether the part I have acted has been approved of, or even whether any of my letters got to your hands, as I have not been favored with a line from you since your arrival in Congress. I shall not complain, but follow Dr Franklin’s maxim in his letter of January 29th, which is, “to suppose our friends right, till one finds them wrong, rather than to suppose them wrong, till one finds them right.” It is possible that my letters to you, and yours to me, may have been lost or stolen. The tricks that were played with Mr Lee’s letters, and the public despatches, that were sent by Folger, will justify any suspicion. I shall take it for granted, that if you have written, your letters have miscarried, or if you have not written, that you were prevented by business of greater importance. It is however very unfortunate, and you cannot but be sensible how mortifying it must be to me, who have been engaged in distress and trouble, in consequence of my doing my duty to the public, not to find attention and support from a quarter, where I had every reason to expect it.

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