THE CORRESPONDENCE OF C. A. DE LA LUZERNE. (continued 2)

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, February 18th, 1782.

Sir,

The Minister Plenipotentiary of France has the honor of communicating to Mr Livingston a letter from the Marquis de Bouillé, commanding officer of the Windward Islands, and a memorial presented to that General by the Council and Assembly of the Island of Dominica. One of the two cases mentioned in them, that of the Dutch vessel, the Resolution, has been decided by the Court of Appeals, and the sentence of the Court of Admiralty of Philadelphia, has been amended in almost every point. The case of the Eeirsten has been decided at Boston in the first instance, and recently by the Supreme Court of Appeals. As the annexed papers seem to contain means for the revision of the first case, and proofs which were not known to the Judges when the decision was made, the undersigned has the honor of communicating them to Mr Livingston, and requests him to be pleased, after reading them, to send them back to him.

The agent of the merchants at Dominica designs to solicit the said revision, with a view to have all the cargo, without exception, acquitted. The undersigned Minister flatters himself, that Congress will be pleased to enable the said agent to avail himself of the new proofs, which he says that he has obtained. The letter of the Marquis de Bouillé, and the request of the Council and Assembly of Dominica, may hereafter serve to determine the true meaning of the capitulations of the English Islands, taken by the forces of his Majesty; and it is for this reason also, that the undersigned requests that they may be laid before the Tribunal of Appeals. This letter and this request, leave no room to doubt, that the Ostend ship Eeirsten sailed under the faith of the capitulation, and that her owners ought to participate in the advantages secured by it to the capitulators.

The undersigned Minister appeals to the justice of Congress, and of the American tribunals, in favor of those inhabitants or capitulators of the Island of Dominica, who are interested in the cargo of this ship, as subjects of the King, his master, and in favor of those people of Ostend who are interested, as subjects of his Imperial Majesty, who is allied to the King, his master, both by blood and by treaties.

LUZERNE.

THE MARQUIS DE BOUILLÉ TO M. DE LA LUZERNE.

Translation.

Without date.

Sir,

I have the honor to transmit you a Memorial from the Council and Assembly of the Island of Dominica, who lay claim to the Dutch ship Resolution, Captain Waterburg, which has been retaken from an English privateer from Carolina, by the American privateer Ariel, belonging to Messrs Robert Morris, Samuel Inglis, and William Bingham, brought into Philadelphia, and condemned there as a legal prize.

This neutral ship, employed in the exportation of the produce of Dominica by virtue of the proclamation of his Britannic Majesty in favor of neutral ships bound for the British Colonies, conquered by France in the course of this war, would not have been condemned as a legal prize, had it remained in the power of the British privateer, and been brought into a port belonging to his Britannic Majesty. She could not, then, be condemned by the Admiralty of Philadelphia, since that Court could not consider her otherwise than as a neutral vessel, sailing under the faith of his Britannic Majesty's proclamation, which the commander of the English privateer was no doubt ignorant of, and after which she could no longer be considered as a recapture.

This affair, Sir, deserves all your attention, and the particular protection which I request you to grant it, that the owners of this vessel may obtain, from the Council of Prizes of the United States the justice due to them.

It is feared at Dominica, lest the Ostendian ship Eeirsten, Captain Thomson, which sailed for the said Island, and was taken by an American privateer and brought into Boston, may likewise have been condemned; and should this have been the case, I also request your interposition in favor of the owners of the said vessel.

I have the honor to be, &c.

BOUILLÉ.

MEMORIAL OF THE COUNCIL OF DOMINICA.

To his Excellency the Marquis de Bouillé, Marshal of the King's Camp and Armies, Lieutenant General and Governor General, in and over the Islands of Martinico, Dominica, Grenada, and St Vincent, Tobago, &c. &c.

The Memorial of the Council and Assembly, representing the capitulants of this Island.

By virtue of the 17th Article of the capitulation signed by your Excellency, the capitulants of this Island were authorised to ship the produce of their estates, in neutral ships, to neutral ports in Europe, and to receive from them the necessary supplies of provisions and plantation stores.

Annexed to the oaths of the respective shippers of produce on neutral vessels, his Excellency the Marquis du Chilleau, his Majesty's Governor in this Island, granted to the master of each vessel his certificate, that such shippers were capitulants, and the produce laden in such vessel was the growth of their estates, and therein recommended those vessels and their cargoes to the protection of all his Majesty's subjects, those of his Most Catholic Majesty and to the Americans in alliance with France. These certificates were always respected till now, and in consequence such neutral vessels, although detained and examined at different times, arrived at their destined ports.

To the infinite surprise of your memorialists, they have received advice from Philadelphia, that the Dutch ship, the Resolution, Captain Waterburg, was retaken from an English privateer, belonging to Carolina, by the Ariel, an American privateer, belonging to Messrs Robert Morris, Samuel Inglis, and William Bingham of Philadelphia, carried into that city, and was there condemned and sold with her cargo, without respecting either the capitulation, or the certificate and recommendation of his Excellency the Marquis du Chilleau. This ship was loaded at Dominica and regularly cleared there for Amsterdam within the time limited by his Britannic Majesty's Proclamation in favor of Dutch vessels, loading in the conquered Island, the commander of the Carolina privateer, unacquainted with the Proclamation, had detained her as a Dutch ship. That this ship would certainly have been released in Carolina cannot even be doubted, as she had before been carried into the Island of Nevis on the same voyage, and released with a compensation after her papers were examined.

Your memorialists have received further advice, that another American privateer has taken and carried into Boston, the Ostend brig Eeirsten, Captain Thomson, bound from that port to this Island, and laden with provisions and plantation stores for the estates of your memorialists, where we fear she will have the same fate.

If the Americans should persist and be authorised to take and confiscate neutral vessels, loaded with the produce of capitulants' estates under the authority of the French government, and those who in return are loaded with the provisions essentially necessary to them, what is the trade of this Island? This must put an effectual end to it; what resources are then left to us?

The inhabitants of this Island are capitulants, and they dare flatter themselves, that under their present government they have the merit of having constantly manifested the most uniform propriety of conduct; the Americans should not only have respected, but protected their property. Bound to do so by their treaty of friendship with France, by the capitulation, and by the certificate and recommendation of the French Governor.

Your memorialists do therefore most earnestly entreat, that your Excellency will be pleased to take this Memorial into consideration.

Council Chamber, in Roseau, the 23d day of November, 1781.[5]

ABRAHAM SHAW, President in Council.

House of Assembly, Roseau, this 23d day of November, 1781.

J. MORSOU, Speaker of the House of Assembly.

FOOTNOTES:

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs. February 20th, 1782.

Sir,

I was yesterday honored with your note, covering the papers, which relate to the ship Resolution's cargo, and the brigantine Eeirsten's. With respect to the first, I believe there is little doubt, that that part of the cargo, which is condemned would be acquitted upon a rehearing, and proving, that it was the property of capitulants. The case of the brigantine is much more intricate, and carries strong marks with it of a fraudulent design to protect British property, contrary to the spirit of the capitulation. One of the Judges who condemned this vessel assures me, that there was strong proof, that the cargo belonged to British owners, even after she parted from Ostend, nor was there any evidence that the bottom was neutral. The capitulation does not certainly tend to cover any other property of the capitulants, but that which should be shipped from the Island, or to the Island from a neutral port, otherwise its trade with Britain would stand upon the same footing as it did before the capture. However, I have not had such a view of facts, as will enable me to give an opinion upon the subject, and if I had it would not fall within my department to determine upon it.

The line in which justice will most speedily be done, will be for the parties who conceive themselves aggrieved to petition Congress for a rehearing. If, Sir, you shall approve it, I will lay before them your note, with the papers annexed, and my opinion thereon. I doubt not, that they will readily adopt such measures as are most consistent with justice, and the respect they will feel for your recommendation.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, March 8th, 1782.

Sir,

I have the honor of informing your Excellency, that I am about to take a journey to Virginia, and shall probably be absent some weeks. M. de Marbois will remain here during this interval, as Chargé d'Affaires of his Majesty. Be pleased to honor him with your confidence, in case that circumstances shall render it necessary for him to make any communication to Congress.

If your Excellency has any commissions, with which to intrust me, for Virginia, I entreat you to be assured of my punctuality in performing them.

I am, Sir, respectfully, &c.

LUZERNE.

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, April 17th, 1782.

Sir,

I have repeatedly applied to the Department of War, to have a settlement made of the accounts of M. de la Radière, an officer of Engineers, and General Baron de Kalb, both of whom died in the service of the United States.

I have been answered, in the absence of General Lincoln, that the demands, which I made by order of my Court, for the benefit of their heirs, were just, but as yet no money has been paid to me, and I therefore entreat you to be pleased to procure it as soon as possible. I have received several letters from the family of Baron de Kalb, and I wish to be able to send them a satisfactory answer. General Lincoln having returned, I hope that these two affairs will suffer no delay.

The Count de Barras also demanded, in the month of July of last year, the payment of the sums due to the volunteers, who have served on board the Ariel, Captain Paul Jones; and on leaving the Chesapeake he has renewed his demands, in order that this money may be sent to France, where it will be paid to those to whom it belongs. This debt amounts to four thousand one hundred and ninetyseven livres tournois, not including the sum of one thousand one hundred and fiftyone livres, which has been paid to Joseph Caron, François Marais de Tulipe, Joseph Powaruce, and Paterne Jean, who were on board the Hermione. Congress, by a resolution, the date of which I cannot recollect, last year ordered the whole of this sum to be paid. I entreat you, Sir, to be pleased to persuade the Board of Admiralty to bring this affair to a close, and to transmit this sum to his Majesty's Consul, that he may send it to those to whom it is due.

I have the honor to be, &c.

LUZERNE.

TO GEORGE WASHINGTON.

Translation.

Philadelphia, April 13th, 1782.

Sir,

I embrace the first moment after my return from Virginia, to comply with the request of the principal officers of our army, in tendering you their sincere respects.

I have already forwarded to your Excellency a letter from Count de Rochambeau; on my return here, I found letters from my Court, dated in February last. They do not announce anything pacific, on the part of our enemies. No progress is made in the mediation of the Courts of Vienna and Petersburg, and the Court of London seems determined to risk the event of another campaign, in which they will employ all the strength they have left. The plan for the campaign was not yet finally decided, it depending on some arrangements, which were yet to be made with the Court of Madrid, and on some advices, which were expected from the Antilles. It nevertheless seemed to be the intention to act vigorously for the assistance of the United States, and though no particular assurances could be given me on this head, yet from what they write me, it is probable that New York or Charleston, or perhaps both, will be the object of their efforts next campaign.

I think it, however, proper to inform you, that at the same time they announce to me their general views, they observe, that it is an unhappy circumstance, that the American army is so weak as it is; and they seem to fear, that it will not be in a condition to second their efforts, when it shall be necessary to strike, a decisive stroke, or to undertake operations, in which such extensive means are required as in a siege.

I beg your Excellency would enable me to give my Court the necessary information on a matter so important as this is. I am not curious to know any of the particular details relative to your army, which it may be necessary to keep secret, but the military operations of France and America are so intimately connected, that it is indispensable for us to know what is the actual force and means which you have, in order to calculate with any degree of probability what enterprises can be undertaken. Our ignorance in this respect cannot but be very prejudicial to our affairs, because, if from false information we consider your army as weaker than it really is, it will prevent our forming plans, which it would be possible to execute; and if, on the contrary, we are led to believe it stronger than it really is, we run the risk of forming plans impracticable in their execution. It is from these considerations, that I beg of you to confide to me such information on this head as you may think proper, both with respect to the actual force you have at the different parts of the continent, and what it will probably be in the course of the campaign. It is equally interesting to know the force of the enemy, both in regulars and militia. I beg you to rest assured of the discretion, with which I shall make use of these communications.

I cannot refuse myself the pleasure of communicating to you the sentiments, with which our Court and the nation at large are inspired, from the reports of the French officers, respecting your Excellency, on their return to Versailles. Their testimony could add nothing to the universal opinion of the great services you have rendered your country, but to the esteem and admiration of the French are now added a sentiment of affection and attachment, which are the just return for that attention which our military experienced from you, and the progress they made in their profession by serving under your orders.

I have the honor to be, &c.

LUZERNE.

COUNT DE ROCHAMBEAU TO M. DE LA LUZERNE.

Williamsburgh, April 16th, 1782.

I send you under a flying seal, my dear Chevalier, the letter I have written to M. de Guerny, commanding the Emerald frigate. You will observe, that I am yet in a state of ignorance, not having received my ministerial despatches. It is of the greatest consequence, that this letter should be forwarded by a safe route, through the hands of General Washington, that it may be despatched as quick as possible.

Our last news from Edenton is of the 8th of April, by a captain of a vessel, who left Georgetown the 25th of March. The enemy employ all the wagons of Charleston in transporting their stores on board the empty vessels, which came from New York.

I think General Washington would do well to have all the works levelled, which we made at Rhode Island round Newport, and even the fort on Butts' Hill, if he has not troops vigorous and firm to keep possession of it.

The plans of the enemy seem to give their marine all the superiority they can in these seas. I think they must have it much at heart to re-occupy the port of Rhode Island. The port of New York being precarious, the entry depending on the tides, they run the greatest risks in their naval combats, in not having a port where they can take refuge at all times.

I have not time to translate this into English; I beg you to transmit it to our General, as well as that for M. de Guerny, that he may forward it with the greatest despatch.

I submit, with reason, all my reflections on Rhode Island to him. I have always in mind Lord North's speech, and the news which seemed to follow, of the pretended evacuation of Charleston.

Count Ferson sets off to meet my despatches; he tells me that there is a detachment of about one hundred men, which might be employed jointly with the militia in levelling the works.

ROCHAMBEAU.

TO GEORGE WASHINGTON.

Translation.

Philadelphia, April 18th, 1782.

Sir,

On my return to this place, Count Beniowsky delivered to me a plan, which he wished to have communicated to your Excellency before your departure from Philadelphia, but as he was particularly recommended to me by my Court, he deferred taking that step till my arrival. He will not make any proposition to Congress without first consulting your Excellency and obtaining your approbation, and it is with this view he now goes to the army.

I need not recall to your Excellency's mind, the services and actions, which have recommended Count Beniowsky. His fervor you are acquainted with, and I am persuaded, that if you think he can be useful to the United States, no one will more sincerely support him in carrying into execution those views, which brought him to this continent.

I have the honor to be, &c.

LUZERNE.

GEORGE WASHINGTON TO M. DE LA LUZERNE.

Newburgh, April 28th, 1782.

Sir,

I receive with much gratitude the remembrance and compliments of the principal officers of the French army in Virginia, and thank your Excellency for the trouble of being the bearer of them to me, and the letter from Count de Rochambeau.

With equal sensibility and pleasure, I received and do now acknowledge my obligations to your Excellency for the communications from your Court, which, though not decisive, are nevertheless important. The late instance of their generous aid, hinted at by your Excellency and particularised by Mr Morris, is one among a variety of important considerations, which ought to bind America to France in bonds of indelible friendship and gratitude, never I hope to be sundered. Induced by that entire confidence, which I repose in your Excellency, and a full conviction, that a nation, who combines her force with ours, for purposes of all others most interesting to humanity, ought not to be deficient in any information I can give to point objects to means, that an accordance with them may be inseparable, I shall, without hesitation, give you the state of our present force, and my ideas of the increase of it by recruits, from the best view of it which is before me.

It can scarcely be necessary to inform your Excellency, that our military establishment for the present year consists of one regiment of artillery, four legionary, and two partisan corps, and fifty regiments of infantry, beside the corps of invalids; or that Congress have called in pointed terms upon each State to complete its regiments to the establishment, the aggregate of which, if complied with, would amount to thirtyfour thousand three hundred and eight men, exclusive of commissioned officers, sergeants, and music, Hazen's regiment, and the corps of invalids. Of this force, one legionary corps, two regiments of artillery, and twentytwo of infantry, besides Hazen's regiment and the invalids, compose the northern army; but as Hazen's regiment is fostered by no State, discouraged from recruiting by all, and without funds if the case were otherwise, it must soon dwindle to nothing, being now very weak.

The present totality of the rank and file, exclusive of sergeants, of those regiments which compose the northern army, amounts to nine thousand one hundred and fortysix. From this number the sick men, in different branches of the staff department, and such as are employed on other extra duties, which the peculiarity of our circumstances compels me to furnish from the army, being deducted, will reduce the efficient operating force of these corps to seven thousand five hundred and fiftythree rank and file, and I should be uncandid if I were not to acknowledge, that I do not expect it will be increased by recruits in the course of the campaign, to more than ten thousand fit for duty in the field. This, Sir, in my opinion will be the full amount of the established regiments of the States east of Pennsylvania. To ascertain the number of militia, who may be assembled for occasional offensive operations, is more than I can do. The general opinion is, that there will be no want of militia for my enterprise we can have in view. Be this as it may, this one thing is certain, that this class of men are not only slow in their movements, but undertaking to judge also of the propriety of them in point of amount, will wait till the necessity for it strikes them, which, in most cases, is as injurious to the service as inability or want of inclination; disappointment being the consequence of delay. This observation I could not refrain from making, because in all combined operations, especially those which may depend upon the season or a limited period for their execution, it is of the utmost importance to be known.

The enclosed return, which is a copy of the last state of the force under the order of Major General Greene, which has come to my hands, will give your Excellency every information in my power, respecting the state and condition of that army; which was to be augmented by the partisan corps of Colonel Armand, consisting of about two hundred horse and foot. Independent of those, there are two small regiments at Fort Pitt. One from the State of Pennsylvania, the other from Virginia, which are included in the general establishment of the army; but no particular return is here given of them.

What measures are adopted by the States of Georgia and North and South Carolina, to recruit their battalions, I know not. Virginia marched about four hundred men the latter end of February for the southern army; and by an act of the legislature, passed at their last session, resolved to raise more; but in what forwardness they are, or what is to be expected from the act, I am equally uninformed. Maryland and Pennsylvania depend upon voluntary enlistments, and are proceeding very slowly in the business of recruiting.

This, Sir, is an accurate state of the force we have at present, and my expectation of what it may be, independent of militia.

The enemy's force, from the best information I have been able to obtain of it, may stand thus at New York;

Rank and File.

Regulars, including their established corps of Provincials, 9,000

Militia of the city, refugees, and independent companies, 4,000

Sailors and marines, according to the number of ships which may be in the harbor;—this being uncertain no number is given,

Now in New York, 13,000

Charleston, about 3,300

Savannah, about 700

In Canada, including British, German, and established Provincials, 3,000

Penobscot, about 500

Halifax and its dependencies, uncertain, but say, 3,500

In all, 26,000

The above estimate, so far as it respects New York, Charleston, and Savannah, is, I believe, to be depended upon. The force of Canada by some accounts is more, by others less, than five thousand. The regular British and German troops in that country cannot exceed four thousand; but in addition to these, are the corps of Sir John Johnson and others, which I am told have been considerably increased by the disaffected of this, and other States, who have fled to Canada. But it is to be observed, that this force, be it what it may, is employed in the occupation of posts from Quebec to Michillimackinac, and on Lake Champlain, through an extent of not less than seven or eight hundred miles, and that all these posts are dependent upon the former for provisions and supplies of every kind. I am less certain of the enemy's force in Nova Scotia than elsewhere. The number here given is not from recent intelligence, or strengthened according to circumstances. Cumberland, Windsor, Annapolis, St John's River, &c., are posts dependent upon Halifax, and included in the three thousand and five hundred men here mentioned.

If this state of matters can be satisfactory to your Excellency, or useful in the formation of any plans against the common enemy, I shall be happy in having given it.

Permit me now, Sir, to express the high sense I have of the honor you have done me, in communicating the favorable opinion entertained of my conduct by the Court and nation of France, and to acknowledge my obligations to those officers who have inspired these sentiments. To stand well in the eyes of a nation, which I view as one of the first in the world, and in the opinion of a Monarch, whom I consider as the supporter of the rights of humanity, and to whom I am personally indebted for the command he has been pleased to honor me with, is highly flattering to my vanity, at the same time it has a first claim to all my gratitude.

It is unnecessary I hope to add fresh assurances of the respect and esteem, with which I have the honor to be, Sir, &c.

GEORGE WASHINGTON.

COMMUNICATION OF THE FRENCH MINISTER TO THE SECRETARY OF FOREIGN AFFAIRS.

In Congress, May 1st, 1782.

The Secretary of Foreign Affairs having laid before Congress the following minutes of a communication, made to him the 28th of April, by the Minister of France, from letters of the Count de Vergennes, dated the 24th of December and the 22d of January last, viz.

"After expressing his satisfaction in the success of our arms in Virginia, he laments the weakness of our army, and the incapacity in which it leaves us of pursuing so important a blow, before England can recover from it, he says, though the plan of the ensuing campaign is not yet determined on, he has reason to believe, that means will be used to aid us in the exertions we shall make to expel the enemy from this continent; and he wishes that this consideration, and the obstinate adherence of the British to their plan of subduing this country, evidenced by their answer to the mediators, may rouse the United States to an early and animated exertion. He observes, that the British are much embarrassed with respect to the measures they ought to pursue; that they still continue to represent us as a weak and divided people, in the hope, that this may have some effect upon the powers of Europe, more particularly upon the mediators. He is of opinion, that England will endeavor to make proposals to the several States separately; and though he does not apprehend, that they will succeed in their attempt to detach them from the alliance, yet he presumes, while the issue is unknown, that they will avail themselves of it to induce a belief, that they have a considerable interest in this country, and that the people at large wish to be connected with them. He hopes the wisdom of Congress will devise some means to frustrate this design. He expresses in strong terms the resolution of his Majesty to adhere to the principles of the alliance, and to form no treaty of peace, which does not secure to the United States the objects of it."

And this communication having been referred to a committee, and the committee having reported thereon, it was

Resolved, That the Secretary of Foreign Affairs be, and he is hereby directed to make a confidential communication to the several States of the intelligence received by Congress on the 29th of April last through his department, in order that the States may be more fully impressed with the necessity of such united and determined exertions, as, with the co-operation of our generous ally, will expel the enemy from their remaining posts within the United States, and display to the world the falsehood of the assertions of the British Court, that the people of these States are neither united nor determined in support of their national independence.

DECREE OF THE KING'S COUNCIL IN FRANCE.

Translation.

Decree of the King's Council of State, prescribing the formalities to be observed on the exportation, from the ports of the kingdom, of merchandise obtained from prizes.

Extract from the records, of the Council of State.

"The King having been informed, that the facility granted by the Fourteenth Article of the decree of his Council of the 27th of August, 1778, concerning merchandise obtained from prizes, has been abused, so that merchandise of English origin is taken on board, when under sail, or in foreign countries, and is imported under the character of merchandise taken as prize, into nations in alliance with his Majesty, he has thought proper to explain his intentions. Wishing to remedy this evil, and having heard the report of M. Joly de Fleury, one of the Common Council of State, and of the Royal Council of Finance, the King in Council has commanded and commands, that all the merchandise named in the said Fourteenth Article of the regulation of August 27th, 1778, and the adjudication of which is made only upon condition of its re-exportation to a foreign country, cannot be exported from the ports of his kingdom, unless it be accompanied with the copy of the procés-verbal of the sale made by the Admiralty, or by the Intendant or the Director of the Marine, duly certified by the register, or by the Controller of the Marine, and examined by the Receiver and Controller of the Bureau des Fermes, which, conformably to the Eighteenth Article of the same decree, must mention, that the goods have actually been taken from the mart, and embarked on board of the vessel designated. His Majesty forbids the clerks and overseers of the Adjudicataire de ses Fermes, under penalty of being deprived of their offices, and subjected to the severest punishment if it should be done, to allow any of the merchandise in question to be exported, without the previous formalities having been observed.

"Done, at the King's Council of State, his Majesty being there present, held at Versailles, the 4th of May, 1782.

LA CROIX CASTRIES."

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, May 7th, 1782.

Sir,

I have the honor of sending you the commission, by which the Chevalier d'Annemours has been appointed his Majesty's Consul in the five southern States. Be pleased to have the kindness to lay it before Congress, that they may pass an act for the recognition of his character, and that the necessary letters may in consequence be despatched to the different legislatures. I will myself see that they are forwarded, if you will send them to me. The representatives of Maryland and Virginia being now assembled, you will confer a particular favor on me, by bringing this affair to a termination as soon as possible.

I have the honor to be, &c.

LUZERNE.

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, May 8th, 1782.

Sir,

I was yesterday honored with yours of that date. I have this day presented the commission, with a draft of the necessary resolutions thereon to Congress, and I doubt not that they will immediately pass, when the letters and papers you request will be put into your hands.

I do myself the honor to enclose a letter from Mr Morris to me in answer to one I had written him on the subject of the volunteers, who served on board the Ariel. You will see by that a state of the accounts, and that the balance is ready to be paid to their order. I have requested the Paymaster General to make up the accounts of the late Baron de Kalb, and M. de la Radière, and shall endeavor as soon as possible to enable you to give a satisfactory answer to their representatives on that subject. You will be pleased to return me the enclosed letter, after having made such use of it as you may think proper.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, May 9th, 1782.

Sir,

Several different bearers of certificates of the different loans obtained by the United States, have applied to me to induce Congress to pay them back their capitals, or to pay the interest stipulated. Their claims are supported by recommendations from his Majesty's Ministers. I entreat you to be pleased to enable me to inform them of the measures taken on this subject. They have now suffered for a long time on account of the suspension of the payments, and it is a long time since I asked for the information, which has been successively promised to me.

I am, Sir, respectfully, &c.

LUZERNE.

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, May 9th, 1782.

Sir,

I have the honor to enclose resolutions of Congress, settling the ceremonial for the public audience on Monday.[6]

Mr Morris will deliver you the commission of the Chevalier d'Annemours; when you shall have made the alterations and returned it, I will immediately lay it before Congress.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

FOOTNOTES:

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, May 12th, 1782.

Sir,

The undersigned, Secretary to the United States of America for the Department of Foreign Affairs, has the honor to notify to the Minister Plenipotentiary of his Most Christian Majesty, that Congress have determined, by a resolution of the 20th of July, 1778, that the style of address to them should be in future "Gentlemen of the Congress."

The undersigned hopes, that the Minister Plenipotentiary of France will be pleased to make use of this form, in the address which he proposes to make to Congress tomorrow, as well as on every future occasion.

ROBERT R. LIVINGSTON.

TO GEORGE WASHINGTON.

Translation.

Philadelphia, May 17th, 1782.

Sir,

I write only to acknowledge the receipt of the letter your Excellency did me the honor to write on the 28th ultimo. I feel myself extremely obliged by the freedom, with which you have been pleased to furnish me with the information I requested, and I beg you to be persuaded, that I shall make use of it only to contribute to the success of our common operations.

The reports of the action between the fleets in the West Indies are so vague, that I can form no certain judgment thereon. I presume, however, that the handbill published at New York, the 12th of this month, is at least partly false. They write me from Martinique the 13th of April, that Count de Grasse has beaten the English.

I am, with the most respectful attachment, &c.

LUZERNE.

CONGRESS TO THE KING OF FRANCE.[7]

The United States in Congress assembled, to their Great, Faithful Friend and Ally, Louis the Sixteenth, King of France and Navarre.

Great, Faithful, and Beloved Friend and Ally,

Among the many instances that Divine Providence has given us of his favor, we number the blessings he has bestowed on your Majesty's family and kingdom. Nothing was wanting to the happiness of the first, but a son to wear the honors, which the father had earned; or, to the prosperity of the latter, but the prospect of seeing the Crown transmitted to an heir, who would find in the example of his parent, a powerful incitement to promote the happiness of his people. This example, we presume to hope, will also influence his future conduct towards these United States. When, in the history of the present day, he shall read your Majesty's generous interference in their behalf, their firm and affectionate attachment, and the blessings with which both were crowned, he will be studious to preserve to his kingdom and these States, the reciprocal advantages of the alliance, which your Majesty has formed, and to emulate his ancestor in adding to his titles the glorious appellation of Protector of Mankind.

We receive with the most lively pleasure your Majesty's renewed professions of friendship. You will easily believe, that the attachment, which we have so often and so truly professed for your Majesty, could suffer no diminution, when every day afforded us new instances of your magnanimity, and of your affectionate interference in our behalf.

We pray God, Great, Faithful, and Beloved Friend and Ally, always to keep you in his holy protection.

Done at Philadelphia, the 20th day of May, in the year of our Lord one thousand seven hundred and eightytwo, and in the sixth year of our independence. By the United States in Congress assembled. Your Majesty's Faithful Friends and Allies.

JOHN HANSON, President.

FOOTNOTES:

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, May 25th, 1782.

Sir,

The Baron de Holzendorff, Major in the service of his Majesty, came to America in 1776, to offer his services to the United States. He was obliged by circumstances, which it would take too long to mention in detail, to return to France in 1778. Congress, before his departure, had adopted the annexed resolutions in relation to him; but the departure of this officer took place before he could procure the execution of them, which he now solicits, Dr Franklin having told him that the settlement of this business belonged to Congress. The undersigned Minister, requests Mr Livingston to be pleased to take measures to forward to this officer a decision of Congress, or of the Department of War.

The Chevalier de la Luzerne takes the liberty of renewing his solicitations respecting the money to be paid to the heirs of Messrs De Kalb and De la Radière, and also respecting the reasons, which have suspended the payment of the interest on different classes of certificates.

LUZERNE.

VERBAL COMMUNICATION OF THE FRENCH MINISTER TO THE SECRETARY OF FOREIGN AFFAIRS.

In Congress, May 28th, 1782.

The Secretary of Foreign Affairs laid before Congress the following verbal communication made to Mr Livingston.

The Minister of his Most Christian Majesty has the honor to inform Mr Livingston of several particulars relative to the negotiation, that the Court of London appeared disposed to open in Europe. The first steps were taken under the former administration. This remark is essential, because it is possible that the new Ministers may take others more decisive; or it is equally possible, that they may entirely change the system, and continue the war still longer.

Emissaries have been sent to Paris and to the Hague, to sound, on the one hand, Mr John Adams, in the hope that his connexion with some independent members might facilitate an accommodation; and, on the other side, in the hope that very advantageous offers might seduce his Majesty, and engage him to make a separate peace to abandon his allies. The Chevalier de la Luzerne is not informed of the steps that have been taken at Madrid, or by the States General.

The proposition made secretly to France tended to a partial peace. It offered France the possession of their conquests in the West Indies, the suppression of an English Commissary at Dunkirk, and advantages in the East Indies. These offers were certainly satisfactory to his Majesty; and he would have had no reason to reject them if he had had no allies. But his engagements marked out another line of conduct. He replied, that how sincerely soever he was disposed to peace, he would commence no negotiations to this end without the participation of his allies. The emissary easily comprehended, that this answer related as well to the United States as to Spain; and pretended that the condition was inadmissible; that England, in treating upon this foundation, would acknowledge the independence of her colonies, which made no part of her system. The Minister of his Majesty replied, that their independence was considered by the King as an indispensable point, and that it made the basis of his system.

The English Agent then demanded, if there were no means to avoid treating with us of the affairs of America. The Count de Vergennes replied, by referring him to the answer given to the first overtures of pacification made by the mediators, and communicated to Mr Livingston.

It should be observed, that whether England treats of the affairs of the United States with the Court of Versailles, or whether she opens a direct communication with the United States, she cannot avoid treating with the American negotiators sent by Congress. In either case she will be under the necessity of acknowledging that body.

The conduct of his Majesty on this occasion being strictly conformable to justice and his engagements, his Minister confines himself to a simple communication of it to Mr Livingston. He confides also to him, that the Count de Vergennes, in declaring to the English Agent, that his Majesty could not listen to any negotiations of peace if the Court of London did not treat at the same time with his allies, added verbally, that the King did not attend to his own satisfaction till that of his allies was procured.

Besides this, the effects of these steps taken by the Court of London, have been to engage France to pursue, with redoubled vigor, the measures that have given birth to these appearances of peace, but which would certainly not terminate in it, if England perceived that her enemies relaxed their efforts in any manner. It is above all things indispensable, that the United States should, in the course of this campaign, be in a situation to co-operate in vigorous enterprises, which may be formed. It appears that the design of the Court of London, pointed out by the debates in Parliament, is to reduce, by a defensive war, their operations upon this continent. The Minister of his Most Christian Majesty has at present no information relative to the plans of the approaching campaign. But whatever they may be, it would be useful to be enabled to inform his Court, that the United States will not adopt an inactivity, which would be equivalent to the truce required. But that their design is to trouble the repose, that the enemy wish to deliver themselves to, and that the operations, whether combined or separately undertaken by the United States, will be pushed with activity during the ensuing campaign.

As to the place of the negotiations, Congress knew in 1779, when they named a Plenipotentiary, and in 1781, when they gave him three Colleagues, that it could only be in Europe, and that this was the most effectual means of preventing delays and jealousy, and of maintaining the confidence and harmony, which has so happily subsisted hitherto between the allies. It would be important, that the Minister of his Majesty could inform his Court, that Congress persists in these dispositions; and, that in case Commissaries offer to treat upon this continent, they should be referred to the Ministers of the United States, who are provided with instructions on this subject in Europe; that the Court of London should address itself to them; and that it is impossible that the seat of negotiation should be in America. When these overtures were made to the Court of Versailles, the agent made no mention of those that were to be made in America, or to the American Ministers in Europe. It is obvious, that the design of this conduct is to inspire reciprocal distrust; and the Chevalier de la Luzerne conceives it can in no way more effectually be prevented, than by a full communication of every circumstance, which shall relate to the pacification and to the interests of the alliance, which shall come to his knowledge.

GEORGE WASHINGTON TO M. DE LA LUZERNE.

Head Quarters, June 5th, 1782.

Sir,

I have the honor of conveying to your Excellency the enclosed address of the officers of the American army under my immediate command, on the auspicious event of the birth of a Dauphin.

Happy in this opportunity of presenting to you this united testimony of respect and veneration for your royal Master, I pray you to believe, that I enjoy the highest satisfaction in having such an occasion of manifesting to your Excellency the very particular pleasure I feel in every event, which affects the happiness of his Most Christian Majesty, especially in one which is so interesting and important to his domestic felicity and that of his people.

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

GEORGE WASHINGTON.

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, June 7th, 1782.

Sir,

I have the honor to enclose you an account of the moneys received by Baron de Kalb and Lieutenant Colonel La Radière, as extracted from the Paymaster's books. By this it will appear, that both have received more than the amount of their pay, even if the depreciation is allowed. If their friends have furnished you with vouchers to account for the expenditure of still further sums upon the public account, the whole, when stated, will be liquidated at the treasury offices, and the balance paid.

I have applied to Congress for direction on the subject of the Baron de Holzendorff, though it would appear to me, that if he had received the thousand dollars directed to be paid him, there can be nothing further due to him, since the resolution itself implies, that there would probably be a balance to be repaid in bills of exchange. You must see, Sir, the extreme difficulty of settling these accounts, unless the gentlemen, who have demands, will be at the trouble of stating their accounts precisely, and produce vouchers for the money, which has passed through their hands. This is never dispensed with in the case of our own citizens. I shall, however, do myself the honor to lay before you the determination of Congress in this case.

I have written to Mr Morris on the subject of the interest due on the loan office certificates, and shall transmit to you his answer as soon as I shall receive it.

I enclose for your perusal a very extraordinary letter from Mr Deane to Governor Trumbull, together with his reply, which was unanimously approved by the Legislature of Connecticut. You will please return them after you have read, or, if you think proper, taken copies of them.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, June 9th, 1782.

Sir,

I have the honor to enclose the copy of a letter from the Superintendent of Finance in answer to one I wrote him on the subject of the loan office certificates. I am sorry for the necessity which dictated it, and look forward with some degree of impatience to the period when ample justice shall be done to all the public creditors. In the meanwhile foreigners will not feel themselves hurt when we make no distinction between them and our own citizens.

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

ROBERT R. LIVINGSTON.

TO GEORGE WASHINGTON, COMMANDER IN CHIEF, AND OTHER OFFICERS OF THE AMERICAN ARMY, ON HUDSON'S RIVER.

Translation.

Philadelphia, June 10th, 1782.

Gentlemen,

I shall transmit to his Majesty the address you have been pleased to send me on the birth of an heir to his crown.

It will afford him infinite satisfaction to find with what joy this event has inspired you, and he will see with pleasure, that the same army which has given so many proofs of courage and patriotism, and which has in the most perfect harmony and concert with his own troops fought the common enemy, now hastens to show, that nothing which affects the French nation can be indifferent to them.

The young Prince, whose birth is the object of your congratulations, will, from his infancy, hear recounted the glorious actions, by which you have effected the independence and happiness of a vast continent; and when there shall be cited to him examples of disinterestedness, constancy, courage, and every other military virtue, there will be repeated the names of illustrious chiefs.

He is born at a moment when victory has crowned both our nations. This circumstance is a happy presage of his future glory, and promises, that he will one day be the support of your independence as well as of the alliance, which unites France with the Thirteen United States.

The veneration that your actions and virtues have inspired me with, Gentlemen, augments the pleasure I have in conveying your sentiments to the King, my master.

I beg you to be persuaded, that no one is with more sincere respect, Gentlemen, your very humble and obedient servant.

LUZERNE.

CONGRESS TO THE KING OF FRANCE.

The United States in Congress assembled to their Great, Faithful, and Beloved Friend and Ally, Louis the Sixteenth, King of France and Navarre.

Great, Faithful, and Beloved Friend and Ally,

We learn with extreme grief, an event which has disturbed your Majesty's felicity, and unite with you in offering that tribute of sorrow to the memory of your most dear and beloved aunt, the Princess Sophia Philippina Elizabeth Justina of France, which is due, as well to the eminent virtues she possessed, as to the relation in which she stood to your Majesty. We trust that our sensibility on this occasion, will be considered as a fresh proof of the interest we take in every event, which may affect your Majesty, and that our sincere condolence, when such afflictions as are the lot of humanity put it out of our power to offer more effectual consolation, will evince our earnest desire on every occasion to contribute to your Majesty's happiness.

We pray God, Dear, Great, Faithful Friend and Ally, always to preserve and keep you under his holy protection.

Done at Philadelphia, the 13th day of June, in the year of our Lord one thousand seven hundred and eightytwo, and in the sixth year of our independence. By the United States in Congress assembled. Your Majesty's Faithful Friends and Allies.

JOHN HANSON, President.

TO COUNT DE ROCHAMBEAU.

Translation.

Philadelphia, June 14th, 1782.

My Dear General,

I have just received your letter of the 8th of this month, and the packets which accompanied it. I have not now time to reply to it, as I profit by an express on the point of departure, and whom I cannot detain.

The movements of the English troops at New York, indicate an intention of sending off detachments from that garrison. It is even possible, though not very probable, that they propose to evacuate that place, either to reinforce the English Islands, or to act offensively against the conquered Islands, which will not be in so good a state of defence as our ancient possessions. This last supposition cannot take place, unless they retain their superiority, and although I hope that this will not be the case, it is, however, but prudent to be in readiness against every event.

The most sure means of preventing the enemy from making any detachment from New York, is to approach that place, and to give a jealousy to General Carlton, of a combined attack. Congress regard the matter in this light, and think that General Washington will make a movement towards New York, in case such a measure is agreeable to his designs, or to the intelligence he may have. I am ignorant what steps he will take in this conjuncture. It is possible that he may think it proper not to quit his present station, till he hears that you approach. In all cases the enemy will be cautious of weakening themselves, if they hear that you are on the march to form a junction.

I submit these ideas to you, my Dear General, and am persuaded that you will take such measures as are most advantageous.

We have news, which I have no reason to believe that M. de la Motte Piquet is not far distant from these coasts.

I have the honor to be, &c.

LUZERNE.

GEORGE WASHINGTON TO M. DE LA LUZERNE.

Head Quarters, Newburgh, June 24th, 1782.

Sir,

I was in the moment of sending off a despatch to Count de Rochambeau, of which I have the honor to enclose a copy, when your Excellency's letter of the 14th instant arrived.

I have only to refer you to my letter of the 20th of April, for a perfect statement of matters in this quarter; and as little alteration has taken place since that period, your Excellency will readily perceive the impracticability of the movement expected by Congress, (and mentioned in your letter to Count de Rochambeau,) especially too, when you consider how unprepared we are to encounter any expense, that can possibly be avoided.

My ideas on this head, the removal of the French army in our present state of uncertainty, the consequent call of the militia to occupy the posts they would leave, and cover the stores, shipping, &c. which must necessarily remain, were communicated fully to the Secretary of War, when he was here, with a request that he would unfold them to your Excellency, as I could not commit them to paper without a cypher.

The enemy, from the best intelligence I get from New York, has made no detachment. Things remain there in statu quo. They seem to be suspended and are waiting for orders from their Court, which I hear they anxiously expect. As I am just stepping into a boat for Albany, and dare not commit more to paper, I have only to give a fresh testimony of the respect and esteem with which I have the honor to be, &c.

GEORGE WASHINGTON.

TO GEORGE WASHINGTON.

Translation.

Philadelphia, July 3d, 1782.

Sir,

I received a letter yesterday from Count de Rochambeau, dated on the 24th of last month, wherein he informs me, that he had come to a determination to move on the 27th towards the head of the Bay, where he will be at hand to take such measures as you may judge proper, as soon as we receive news from Europe. He desires me to communicate this to your Excellency, till he can write you himself. As he does not go any distance from the Bay, and as he will always be ready to turn off to the southward if necessary, I hope it will meet your approbation.

I wait his answer respecting the interview, which you have proposed to him, and which I sincerely desire may take place here. It seems to me impossible, that we should not have some news from France towards the middle of this month.

From the last intelligence from Europe, up to the 1st of May, we learn nothing important, except the general disposition of the Dutch to ally themselves with the United States. But it is probable, that Mr Adams will open the negotiation by demanding the acknowledgment and guarantee of your independence, and this circumstance may prevent the conclusion of a treaty of commerce, which seems to be the point that has most influence with the States General. But as the inclination of the people seems absolutely towards the alliance, I hope the difficulties will be successively got over.

I have the honor to be, &c.

LUZERNE.

TO GEORGE WASHINGTON.

Translation.

Philadelphia, July 8th, 1782.

Sir,

You will receive by M. de Vauban a letter from Count de Rochambeau, informing your Excellency that he will be here on the 13th or 14th of this month. I hope for the honor of seeing you here by the 15th at farthest, and I felicitate myself, that matters will concur to bring you here precisely at the time, when I shall celebrate the birth of the Dauphin. Your presence, and that of Mrs Washington, will render the festival complete, and I hope the gentlemen, who compose your family, will accompany you. I do not send any written invitations to them, nor to the Generals and other officers of your army, but your Excellency knows, that nothing would be more agreeable to me, than their participation in celebrating an event, which is so interesting to us, and which I know is so to all our allies. Everybody, whom your Excellency may bring with you, will be welcome.

I have the honor to be, &c.

LUZERNE.

COUNT DE VERGENNES TO GEORGE WASHINGTON.

Translation.

Versailles, July 29th, 1782.

Sir,

It is not in quality of a King, the friend and ally of the United States, (though with the knowledge and consent of his Majesty,) that I now have the honor to write to your Excellency. It is as a man of sensibility, and a tender father, who feels all the force of paternal love, that I take the liberty to address to your Excellency my earnest solicitations in favor of a mother and family in tears. Her situation seems the more worthy of notice, on our part, as it is to the humanity of a nation, at war with her own, that she has recourse, for what she ought to receive from the impartial justice of her own Generals.

I have the honor to enclose your Excellency a copy of a letter, which Lady Asgill has just wrote me. I am not known to her, nor was I acquainted that her son was the unhappy victim, destined by lot to expiate the odious crime that a formal denial of justice obliges you to revenge. Your Excellency will not read this letter without being extremely affected; it had that effect upon the King and Queen, to whom I communicated it. The goodness of their Majesties' hearts induces them to desire, that the inquietudes of an unfortunate mother may be calmed, and her tenderness reassured. I felt, Sir, that there are cases where humanity itself exacts the most extreme rigor; perhaps the one now in question may be of the number; but allowing reprisals to be just, it is not less horrid to those who are the victims; and the character of your Excellency it too well known, for me not to be persuaded that you desire nothing more than to be able to avoid the disagreeable necessity.

There is one consideration, Sir, which, though it is not decisive, may have an influence on your resolution. Captain Asgill is doubtless your prisoner, but he is among those whom the arms of the King contributed to put into your hands at Yorktown. Although this circumstance does not operate as a safeguard, it however justifies the interest I permit myself to take in this affair. If it is in your power, Sir, to consider and have regard to it, you will do what is agreeable to their Majesties; the danger of young Asgill, the tears, the despair of his mother, affect them sensibly; and they will see with pleasure the hope of consolation shine out for those unfortunate people.

In seeking to deliver Mr Asgill from the fate which threatens him, I am far from engaging you to seek another victim; the pardon, to be perfectly satisfactory, must be entire. I do not imagine it can be productive of any bad consequences. If the English General has not been able to punish the horrible crime you complain of, in so exemplary a manner as he should, there is reason to think he will take the most efficacious measures to prevent the like in future.

I sincerely wish, Sir, that my intercession may meet success; the sentiment which dictates it, and which you have not ceased to manifest on every occasion, assures me, that you will not be indifferent to the prayers and to the tears of a family, which has recourse to your clemency through me. It is rendering homage to your virtue to implore it.

I have the honor to be, with the most perfect consideration, Sir, yours, &c.

DE VERGENNES.

LADY ASGILL TO COUNT DE VERGENNES.

[Enclosed in the preceding.]

London, July 18th, 1782.

Sir,

If the politeness of the French Court will permit an application of a stranger, there can be no doubt but one in which all the tender feelings of an individual can be interested, will meet with a favorable reception from a nobleman whose character does honor, not only to his own country, but to human nature. The subject, Sir, on which I presume to implore your assistance, is too heart-piercing for me to dwell on; and common fame has, most probably, informed you of it; it therefore renders the painful task unnecessary.

My son, (an only son) as dear as he is brave, amiable as he is deserving to be so, only nineteen, a prisoner under the articles of capitulation of Yorktown, is now confined in America, an object of retaliation. Shall an innocent suffer for the guilty? Represent to yourself, Sir, the situation of a family under these circumstances; surrounded as I am by objects of distress, distracted with fear and grief, no words can express my feeling, or paint the scene. My husband given over by his physicians, a few hours before the news arrived, and not in a state to be informed of the misfortune; my daughter seized with a fever and delirium, raving about her brother, and without one interval of reason, save to hear heart-alleviating circumstances.

Let your feelings, Sir, suggest and plead for my inexpressible misery. A word from you, like a voice from Heaven, will save us from distraction and wretchedness. I am well informed General Washington reveres your character; say but to him you wish my son to be released, and he will restore him to his distracted family, and render him to happiness. My son's virtue and bravery will justify the deed. His honor, Sir, carried him to America. He was born to affluence, independence, and the happiest prospects. Let me again supplicate your goodness; let me respectfully implore your high influence in behalf of innocence; in the cause of justice, of humanity; that you would, Sir, despatch a letter to General Washington, from France, and favor me with a copy of it, to be sent from hence.

I am sensible of the liberty I have taken in making this request; but I am sensible, whether you comply with it or not, you will pity the distress that suggests it; your humanity will drop a tear on the fault, and efface it. I will pray that Heaven may grant you may never want the comfort it is in your power to bestow on

ASGILL.

TO GEORGE WASHINGTON.

Translation.

Philadelphia, August 5th, 1782.

Sir,

This letter will be handed you by M. de Cloisy, who will inform you particularly of the motives of his journey to the northward.

I address myself with freedom to your Excellency, for a service, that no one has it more in their power to render than yourself, and which is of the greatest importance to the naval army commanded by M. de Vaudreuil. It is not to be doubted, that a large naval force will arrive at New York, either from the West Indies or from Europe. It is essential that our naval commanders should have the most exact and most frequent intelligence in this respect, respecting the number of vessels, their names, their destination, the time of their arrival, of their departure, the number of troops they embark, or artillery; in fact, not a single movement can be known with too much precision. And I must request, that you will take the necessary measures to give M. de Vaudreuil regular information on all these points. It could be wished, that you would station regular expresses to facilitate the communication between you and him.

I ought to be well convinced of your goodness to take so much liberty, but the object is of such importance to the common cause, that I have no doubt of your excusing me.

If the communication between you and M. de Vaudreuil is regular and sure, you might, I should think, correspond without cypher; if not I must beg you to furnish M. de Vaudreuil with a cypher to make the matter more secure, and if your Excellency will from time to time give me the same information I shall be exceedingly obliged.

The procuring of the necessary intelligence must be attended with extraordinary expense; I must beg that your Excellency will charge some one to acquaint me of the sums necessary for the purpose, and to whom I shall pay it. These expenses being wholly for the service of our fleet, must be charged to the Department of the Marine, and I have taken the necessary measures that they may be exactly paid.

By our last accounts from France the Duc de Lauzun, and many other officers who had sailed, were obliged to put back, having met with a storm. It is supposed they may have sailed again towards the last of June.

I am, &c.

LUZERNE.

TO GEORGE WASHINGTON.

Translation.

Philadelphia, August 14th, 1782.

Sir,

A cartel will probably have arrived at Boston with American sailors from England. One is arrived here with two hundred and forty sailors, whom England has set at liberty. One of the Captains, with whom I have conversed, tells me that a fleet of two hundred sail was to leave Portsmouth a few days after the cartels; they were to separate into three divisions, one for Charleston, one for New York, and one for Quebec; they are to be convoyed by frigates only; and they assure me the last division is the most important, having soldiers on board, and many articles necessary for the defence of Quebec, and for the subsistence of the inhabitants.

From the different accounts I can collect, it seems to be the design of England to make a general peace, but the demands on one side and the other will render a conclusion extremely difficult, and in such a case, that power will spare nothing to effectuate a peace with the United States, and turn all her efforts against France. As to a separate peace with the United States it will not take place. I am certain that they will not make peace but in concert with France.

I am, &c.

LUZERNE.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, September 1st, 1782.

Sir,

The undersigned, Minister of France, has the honor of informing Congress, that he will transmit to his Court the resolution, by which Congress offers the ship of the line America, to replace the ship the Magnifique, which ran ashore at Boston, and which there is little hope of relieving. The Chevalier de la Luzerne cannot anticipate the determination of his Majesty, with regard to this offer, but as the desire of Congress to substitute immediately the America for the Magnifique cannot be accomplished if the undersigned Minister waits for the orders of his Court on this subject, he will, without delay, inform the Marquis de Vaudreuil of the resolution adopted by Congress on the 4th instant. This General will judge for himself, whether the fleet of the King will be stationed on the coast long enough to allow time for launching this vessel, arming her, and transporting on board of her the crew, artillery, and rigging of the Magnifique. In that case, the America will immediately join the fleet, in conformity with the wishes of Congress.

But whether circumstances shall allow this vessel to join his Majesty's fleet, or render it impracticable, the undersigned Minister can assure Congress, that his Majesty will behold with great pleasure, the eagerness with which the United States, his allies, have made this offer, and that this new mark of their attachment and friendship will be infinitely agreeable to him.

LUZERNE.

TO ROBERT. R. LIVINGSTON.

Translation.

Philadelphia, September 5th, 1782.

Sir,

A resolution of Congress of the 3d instant, has been communicated to me, containing the offer which that Assembly has been pleased to make of the ship America, to be joined to his Majesty's fleet. I have the honor of sending you a note, in answer to this communication. Whatever may be the result of this offer, I entreat you, Sir, to be persuaded, that my Court will be very sensible of the kindness of it, and as an individual, I am very desirous that this vessel should join the fleet of the King.[8]

I am, with the most sincere respect, Sir, &c.

LUZERNE.

FOOTNOTES:

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, September 12th, 1782.

Sir,

I have been honored by your favor of the 4th instant.[9] I have taken measures to obtain from the State of Pennsylvania the law you mention, which may be necessary to give validity to the eleventh Article of the treaty of amity and commerce.

The demand upon the State of Georgia shall be transmitted as soon as possible, and I doubt not, that they will see that full justice is done to the gentlemen in whose behalf you make the representation.

As it appears clearly from the state of facts transmitted by Count de Durat, that the vessel taken by Mr Clintock and his associates is lawful prize, agreeably to the marine laws of this country, I shall renew my instances upon this subject, and direct Dr Franklin to apply to your Court for redress; I must, therefore, again request your aid in promoting this claim in that channel, in which you observe, that it ought in future to be made.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

FOOTNOTES:

THE MARQUIS DE VAUDREUIL TO M. DE LA LUZERNE.

Translation.

Boston, September 20th, 1782.

Sir,

I have received with the greatest satisfaction the letter, with which your Excellency honored me on the 5th instant, with the copy of the resolution of Congress relative to the present, made by Congress to the King's navy, of the ship America. The eagerness of the United States to replace the Magnifique, which was lost without hope of being relieved, and the cordial manner in which they have offered the America, induce me to accept this vessel with much gratitude. I shall take care that she is promptly armed, and that she joins his Majesty's squadron. M. de Macarty de Marteigne, who will command her, will go to Portsmouth today for that purpose, and I have given orders to the vessels in that port, to furnish him with all the assistance that he may need.

I shall enjoy the honor, with which I feel much flattered, of numbering among my ships, this mark of the friendship and regard of our allies.

I have the honor to be, &c.

VAUDREUIL.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, September 23d, 1782.

Sir,

The undersigned, Minister Plenipotentiary of France, has received orders to communicate to Congress, many details relative to the negotiation for peace. He is desirous, that a committee should be appointed to receive these communications, and he will, at the same time, have the honor of informing Congress of some circumstances, which concern the common cause, and relate to the actual situation of affairs in Europe.

LUZERNE.

GEORGE WASHINGTON TO M. DE LA LUZERNE.

Head Quarters, September 24th, 1782.

Sir,

Sundry accounts from New York having reached me, informing me that the British were more than meditating an enterprise against the squadron of the Marquis de Vaudreuil, which they have learned is at present in two detachments in Boston and Portsmouth harbors, and that preparations were making for that purpose, I have made the Marquis acquainted with this intelligence, and the probability of such an event.

At the same time that I gave this information to the French Admiral, I have written a letter to Governor Hancock, requesting that arrangements may be made with the militia of his State, in such manner as to give immediate and effectual support, in aid and protection of his Most Christian Majesty's ships, in case an attempt should be made upon them.

The like information I shall give to the Governor of the State of New Hampshire, and request similar assistance from him, in case of the enemy approaching near Portsmouth.

With the highest regard and esteem, &c.

GEORGE WASHINGTON.

COMMUNICATION OF THE FRENCH MINISTER TO A COMMITTEE OF CONGRESS.

In Congress, September 24th, 1782.

The committee appointed to hold a conference with the Chevalier de la Luzerne, Minister of France, in pursuance of his note to Congress of the 23d, report;

That yesterday your committee held a conference with the Minister of France, agreeably to the said appointment, the substance of which consisted in the communication of advices lately received by the said Minister of France, from his Excellency the Count de Vergennes, as follows.

The Minister informed the committee he had received several despatches from his Court, of which he thought it his duty to communicate an extract to Congress.

The first was dated 9th April last. It expressed the opinion of the Count de Vergennes, that the Court of St James had formed a design to make a separate peace with one or more of the powers at war with it. That France was perfectly easy with respect to the disposition of Congress; and that the uniformity and steadfastness of their conduct did not leave the least doubt with regard to the part they would take in this circumstance. That the steps the King had taken on a similar occasion, and the disappointment of several British emissaries, was already known to Congress. That they had met with the same reception at Madrid; and there was the greatest probability, that their intrigues would not be more successful at the Hague. The Minister of France observed, that the glory and honor of the present confederacy, of which his Majesty was the centre, would be their having been inaccessible to artifice; and this extraordinary instance would be crowned with success, if the four powers persisted invariably in a firm attachment to their union, and if, on the one hand, making the greatest exertions to procure the completest satisfaction, they, on the other hand, confined themselves within such bounds of moderation as would give no umbrage to any one of the powers at war with Great Britain.

That the King had, in different circumstances, taken the proper measures to deprive the enemy of all hopes, which they might have formed of introducing dissensions between his Majesty and his allies. That it was to be wished, that the Court of London was fully convinced of the impossibility of treating separately with America. That this had always been the chimerical and favorite idea of England; and that so long as it subsisted, there would perhaps be no possibility of treating seriously about the conditions of a peace. That their negotiations would only be an artifice to scatter divisions among the allies, and retard their exertions for continuing the war. That the shortest way to put a stop to their intrigues, would be to let it be known publicly in the most explicit manner, that the United States neither can nor will make any peace without the concurrence of their ally; and that if England has any overtures of peace to make to them, the American Plenipotentiaries are sufficiently empowered to receive them, and to negotiate a peace, if those overtures are admissible.

That this peremptory language would free Congress from all the embarrassments, which the English Ministers could throw in the way; that it would bring them to a sincere disposition to make peace; put an end forever to their machinations with the mediating powers; deprive them of the means of feeding the Parliament and people of England with the hopes of a separate peace; and finally save the Americans from all the difficulties, which would infallibly take place if England were allowed to negotiate in America. It would convince England, that the United States are not less attached to their engagements with their ally than sensible of the respect due to the Courts of Vienna and Petersburg, whose mediation Congress have accepted.

The Minister added, that though the situation of the belligerent powers, the distance of America, and the slowness and difficulty of communication made it advantageous that the seat of negotiation should be in Europe, and that the enemy should be informed of this resolution, yet Congress had the fullest liberty to follow the system which France had pointed out in her answer to the mediating powers, in consequence of which the American Ministers might negotiate immediately and directly, conformably to the instructions they had received from Congress; but the negotiations of France and America would be carried on in an equal progression, a continual and reciprocal communication would be given, and the two treaties signed at the same time, and one be ineffectual without the other.

The Count de Vergennes in the same despatch, gave information of the Dutch having acknowledged the independence of America, of which Congress are already informed.

The letters of May 2d and June 28th, urged the same point of referring the British negotiators in America to the American Plenipotentiaries in Europe, with this addition in the letter of May 2d, that it was now evidently the object of Great Britain to lessen their exertions on this continent as much as in their power, and to adopt a defensive mode of carrying on the war; that being unable to support a double war by land and by sea, she proposed to suspend the one in order to carry on the other more effectually; and in case of success, to return against the United States with redoubled efforts.

The Minister mentioned the attempts, that had been alternately made at the Court of Versailles, and with the American Plenipotentiaries, for a separate peace, and said, that Dr Franklin had communicated his and Mr Adams's answers, to the British emissaries; that the King thought them firm and consistent with the principles of the alliance, and wished that Congress might be informed of the satisfaction they afforded him. That to remove forever such expectations, it behooved the wisdom of Congress to declare, that no peace but a general one would be attended to; that when negotiations are entered into with sincerity, the King would most readily employ his good offices in support of the United States, in all points relating to their prosperity; that Congress were themselves sensible of the distinction between the conditions of justice and rigor, and those of convenience and compliance, which depended on the good or bad situation of affairs; that though the circumstances of the allies were very promising, such events might happen as might make it advisable to adopt the part of moderation.

But the best way to obtain every possible advantage, was to preserve a perfect connexion, and to let them know, that the United States would not only reject a separate peace, but that they would continue the war against the common enemy by all manner of ways, until their allies should also conclude a peace; that this declaration would convince the British Ministers, that they would not get rid of the Americans by merely acknowledging their independence; and that though they removed their troops from the continent, they would be attacked wherever found.

The despatch of the 28th of June dwelt chiefly on the negotiation; and contained details, which the Count de Vergennes directed the Minister to make to Congress, but which have in a great measure been already transmitted to them by their Ministers in Europe. These details related to the emissaries sent to Dr Franklin and Mr Adams, and their satisfactory answers. Mr Oswald, in an interview with the Count de Vergennes, hinted to him the desire of the Court of London, and the necessity it was under to make peace; and received for answer, that the King was equally disposed to make an honorable and solid peace. Mr Oswald went to London to carry this information; returned soon, and was immediately followed by Mr Grenville, the intimate friend of Mr Fox.

Mr Oswald repeated to Dr Franklin the assurances of the disposition of the Cabinet of St James; and Mr Grenville, in answer to his overtures to the Count de Vergennes respecting the disposition of the King of Great Britain, was informed by the express order of the King, that his Majesty was disposed to negotiate for peace, provided it was a general one, and the allies and friends of his Majesty were satisfied. This answer was just given when the news of the action of the 12th of April reached Europe. Nevertheless, the King of Great Britain sent full powers to Mr Grenville to negotiate the peace with his Majesty. In communicating them the English Agent declared, that the King of England, in order to facilitate peace, was disposed to treat of the independence of the United States with his Majesty, provided all other matters were put upon the footing of the treaty of 1763.

To this the King answered, 1st. That the powers of Mr Grenville were insufficient, as they did not mention the allies of his Majesty. 2dly. That his Majesty could not himself negotiate for the interests of America, having no powers to this purpose; and that it became the dignity of the King of England and of the United States to open a direct negotiation on this subject. 3dly. That in order to conclude a solid and lasting peace, it ought not to be founded upon the treaty of Paris, but upon justice and the dignity of all the contracting powers.

The British Ministry adopting these observations, sent new powers to Mr Grenville, authorising him to treat with all the belligerent powers. Mr Grenville presented to the Count de Vergennes a copy of these powers, and declared, that the King of England, being disposed to acknowledge and declare directly the independence of America, it would no longer be a conditional article of peace. And as to France, the English Plenipotentiary proposed to take the treaty of Paris for the basis, not of the peace itself, but of the negotiations which were to be entered into.

The Count de Vergennes, on the 21st of June, communicated to Mr Grenville the answer of the King. In this communication his Majesty declared his wishes for the restoration of peace, and his satisfaction, that the King of Great Britain was disposed to treat with all the belligerent powers, and that he intended to make a direct acknowledgment and declaration of the independence of the United States of America, and that this point would no longer be a conditional Article of a general pacification. That the King consents to adopt, according to the proposition of the King of England, the treaty of Paris for a basis of the negotiation, not as a confirmation of all its stipulations, but with exceptions and alterations respecting the East Indies, Africa, the fisheries of Newfoundland, and commercial regulations in Europe to mutual advantage. Restitution and compensation to be treated of, when the negotiation shall be established, with respect to which the King will be governed by the principles of justice and moderation, which are the basis of his policy. If these overtures are agreeable to the King of England, his Majesty will explain himself precisely on the different points. His Majesty expects, that his Britannic Majesty will make to all the belligerent powers and states, without delay, such overtures as he may think conducive to promote the negotiation as far as it respects their interests. That no doubt may be left with respect to his Majesty's sentiments, he declares anew, that he will neither treat nor terminate any negotiation, unless the interests of his allies and friends shall be conjointly discussed and determined, or separately, according to the wishes of his Britannic Majesty and the allied and friendly powers of his Most Christian Majesty.

Such was the state of affairs on the 28th of June, at which time there appeared some obstructions to the negotiation, owing, as it was believed, to the misunderstanding which prevailed among the British Ministers. Tergiversations were discovered on the part of the British negotiator. The bill authorising the King of England to treat with the Colonies of America had not then passed. These uncertainties made it essential to guard against British emissaries on the continent of America; and to prevent with all care their admission; and to recommend the same measure to the several Legislatures.

The Minister finished the conference by informing the committee of the fortitude of the King on receiving the news of the action of the 12th of April. He immediately gave orders for constructing twelve ships of the line, the greater part of the first rate. The city of Paris and several other cities and corporations had offered some others, and it was expected, that the King would, in the course of the next campaign, have twenty new ships to oppose the enemy. His Majesty was resolved not to make the least alterations in his plans for the future negotiation; and he exhorted his allies to the same resolution and the same exertions.

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, September 27th, 1782.

Sir,

I have the honor of sending to you a decree of his Majesty's Council of State, made in consequence of the measures taken by Congress for preventing the fraudulent importation of English merchandise into this country. I desire that you would be pleased to communicate it to Congress, in order that it may be published under the seal of authority, and that American merchants and sailors may be informed, that it is in their own power to procure in the ports of France, the papers necessary for making it certain, that the English merchandise, which they take on board, is obtained from prizes. This decree agrees very well with the laws passed by several States, and particularly with that passed by the Assembly of Pennsylvania during its last session, to prevent commerce and all communication with the enemy. I have also the honor of sending to you, Sir, the copy of a letter from the Marquis de Vaudreuil, which I request you to be pleased to transmit to Congress.[10]

I have the honor to be, &c.

LUZERNE.

FOOTNOTES:

TO GEORGE WASHINGTON.

Translation.

Philadelphia, September 29th, 1782.

Sir,

I have received the letter, which your Excellency did me the honor to write to me on the 22d of this month, with the news which accompanied it. I beg you to accept my sincere thanks.

I have the honor to transmit you the extract of an answer, made by express order of the King, on the 21st of June, to Mr Grenville. I pray you to be pleased to keep it a secret; all that I can add is, that the negotiations were still in agitation the beginning of July, but there had been in the conduct of the British Minister many circumstances, which led to doubt his sincerity; I believe, that even if there had been a sincere disposition to treat, the death of the Marquis of Rockingham had occasioned a change.

I have just received your Excellency's letter of the 24th; I cannot but thank you for the goodness, which you have had in transmitting me the detail, which it contains. I doubt not but M. de Vaudreuil will profit by the advice, and put himself in a posture of defence.

I have the honor to be, &c.

LUZERNE.

TO GEORGE WASHINGTON.

Translation.

Philadelphia October 1st, 1782.

Sir,

I send to New York M. Barbe, who has the honor to be known to your Excellency. The principal objects of his journey, are some arrangements relative to the French prisoners carried into New York, and of some Spaniards, who have been carried there also. I have charged him to see M. de la Touche, and to give him such consolation as depends upon me. I would at the same time wish to repurchase in New York some effects, which I had coming from France in the Eagle, and which I cannot replace here. I could wish you, Sir, to give all the assistance in your power to M. Barbe's gaining admission into New York and returning.

I am, &c.

LUZERNE.

REPORT OF A COMMITTEE OF CONGRESS ON COMMUNICATIONS MADE BY THE FRENCH MINISTER.

In Congress, October 3d, 1782.

The committee, to whom were referred the notes of the communication made by the Minister of France to a committee of Congress, on the 24th of September, brought in a report, which was agreed to, as follows;

That the Minister Plenipotentiary of his Most Christian Majesty be informed, that the communication made by the said Minister on the 24th of September last, is considered by Congress as an additional proof of his Majesty's magnanimity, and has confirmed those sentiments of affection and confidence, which his wise, steady, and liberal conduct in every stage of the war has so justly inspired.

That his Most Christian Majesty's declaration to the British Minister at Paris, that he will neither treat nor terminate any negotiation unless the interests of his friends and allies shall be considered and determined, is entirely correspondent to the part, which these United States are resolved to take in any negotiation for peace.

That Congress, with the utmost satisfaction embrace this opportunity to renew their assurances, that in every event these United States will inviolably adhere to their alliance with his Most Christian Majesty, which they consider to be equally essential to their interest and their glory.

That they will hearken to no propositions for peace, which shall not be discussed in confidence and in concert with his Most Christian Majesty, agreeably to the declaration made to his Minister Plenipotentiary on the 31st day of May last.

That upon this principle, Congress did not hesitate a moment, to reject the proposition made by the British General and Admiral, as Commissioners of Peace, for admitting Mr Morgan, their Secretary, to an interview at Philadelphia.

And that they are resolved to prosecute the war with vigor, until a general peace shall be obtained, in which their allies shall be comprehended.

That Congress place the utmost confidence in his Majesty's assurances, that he will readily employ his good offices in support of the United States in all points relative to their prosperity; and considering the territorial claims of these States as heretofore made, their participation of the fisheries, and of the free navigation of the Mississippi, not only as their indubitable rights, but as essential to their prosperity, they trust that his Majesty's efforts will be successfully employed to obtain a sufficient provision and security for those rights. Nor can they refrain from making known to his Majesty, that any claim of restitution or compensation for property confiscated in the several States, will meet with insuperable obstacles, not only on account of the sovereignty of the individual States, by which such confiscations have been made, but of the wanton devastations, which the citizens of these States have experienced from the enemy, and in many instances from the very persons in whose favor such claims may be urged. That Congress trust, that the circumstances of the allies at the negotiation for peace, will be so prosperous as to render these expectations consistent with the spirit of moderation recommended by his Majesty.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, October 16th, 1782.

Sir,

The undersigned, Minister Plenipotentiary of France, requests Congress to be pleased to appoint a committee, to which he proposes to communicate some measures which are provisional, and which are to remain secret till the moment of their execution.

LUZERNE.

GEORGE WASHINGTON TO THE PRESIDENT OF CONGRESS.

Head Quarters, October 25th, 1782.

Sir,

I have the honor to transmit to your Excellency the copy of two letters[11] from the Count de Vergennes, which were sent out in the packet from England, and have just come to my hands by a flag of truce from New York. They contain a very pathetic and affectionate interposition in favor of the life of Captain Asgill.

I lose no time in forwarding them by a special messenger to Congress, without any observations, being persuaded that Congress will not fail to give a very early decision respecting his further treatment.

The enclosed newspaper contains all the information I have been able to obtain since the arrival of the packet.

I have the honor to be, &c.

GEORGE WASHINGTON.

FOOTNOTES:

TO GEORGE WASHINGTON.

Translation.

Philadelphia, October 25th, 1782.

Sir,

I have received the letter your Excellency did me the honor to write me on the 10th instant, with the amount of expenses incurred by the expresses, which formed the communication with the Marquis de Vaudreuil. The treasurer of our army will pay to your Quarter Master General the five hundred and thirtyseven dollars he has been so kind as to advance for that purpose. I beg also, that you will please to send me the amount of expenses incurred in procuring the intelligence from New York, and that you will accept my thanks for the trouble you have had in these details.

I will be exceedingly obliged to your Excellency to inform me where the seventyfifth regiment of grenadiers actually is.

I have the honor to be, &c.

LUZERNE.

GEORGE WASHINGTON TO M. DE LUZERNE.

Head Quarters, October 25th, 1782.

Sir,

The enclosed letter, which I have the honor to transmit to your Excellency, was received this moment by a flag of truce from New York. It was accompanied by one addressed to me from the Count de Vergennes, on the same subject.[12]

The case of Captain Asgill having, before the receipt of these letters, been submitted to Congress, I have immediately transmitted to that body, copies of the Count's letters to me, and have permitted myself to solicit from them, an early decision of his fate, which, judging from my own feelings, I persuade myself cannot be an unfavorable one.

I send your Excellency a transcript of intelligence, which I have this day forwarded to the Marquis de Vaudreuil.

I am, &c.

GEORGE WASHINGTON.

FOOTNOTES:

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, October 28th, 1782.

Sir,

The undersigned, Minister Plenipotentiary of his Most Christian Majesty, has had too frequent opportunities of satisfying himself, that Congress fully perceives how intimately the interests of the two nations are connected, not to be convinced that they will learn with pain, that very considerable quantities of provisions have been sent by the Raritan to New York, and along the river opposite to Staten Island. The undersigned Minister cannot enter into the details of this proceeding, which he knows only by reports, though by reports upon which he has the strongest reasons for believing that he can depend. This trade is, moreover, carried on in the most open manner, and he is convinced, that by inquiries, instituted with promptness and secrecy, he shall be able to obtain proofs of it, and to procure the means of putting a stop to it. Cattle of all kinds have served to furnish with provisions the enemy's fleet, which has just sailed down to the Hook. It is asserted, that the quantities sent from the Jerseys are immense, but the Chevalier de la Luzerne thinks it unnecessary to attempt at present, to determine them exactly, and contents himself with observing, that the nineteen vessels thus supplied, will not, perhaps, depart immediately, and that it will be necessary to shut up the channels by which these provisions have reached them.