THE CORRESPONDENCE OF C. A. DE LA LUZERNE.

CORRESPONDENCE CONTINUED.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, September 10th, 1781.

Sir,

The undersigned, Minister Plenipotentiary of France, has the honor of communicating to Congress the commission of M. Holker, as Consul General of France, in the States of Pennsylvania, New York, New Jersey, and Delaware. He requests Congress to pass an act, or four different acts, in order to procure for this Consul the exequatur in each of the States, to which his functions are to extend.

LUZERNE.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, September 18th, 1781.

Sir,

The undersigned, Minister Plenipotentiary of France, has the honor of informing Congress, that he has received despatches from his Court, containing important details relative to the communications, which have taken place between the belligerent and mediating powers. He wishes that Congress would be pleased to appoint a committee, to whom he shall communicate them, and with whom he shall confer upon the present state of affairs. He has also received orders from his Court, relative to the advances made on account of the Thirteen States, and concerning their finances; he will have the honor of communicating them to Congress through a committee.

LUZERNE.

COMMUNICATIONS OF THE FRENCH MINISTER TO CONGRESS.

In Congress, September 21st, 1781.

The committee, to whom was referred the Memorial of the Minister Plenipotentiary of France, dated the 18th instant, requesting a conference, report,

That they have this day held a conference with the said Minister Plenipotentiary, and received the following communications contained in sundry despatches from Count de Vergennes, Minister for Foreign Affairs to his Most Christian Majesty, viz.

From a letter of the 19th of April.—That Count de Vergennes had transmitted to the Minister the details respecting the proposed mediation of the Courts of Vienna and Petersburg. The Minister observed, that this had already been communicated to Congress through a committee. He repeated, for our recollection, that the acceptance on the part of France of the proposed mediation depended entirely, at that time, on the concurrence of the United States; and that with respect to Spain, its conduct would be determined by the dissolution of the negotiation with Mr Cumberland. That the Court of Spain had informed the Court of London, on the first proposal of the mediation of the Imperial Courts, that as a direct negotiation with the King of Great Britain was opened through Mr Cumberland, a mediation was unnecessary.

That affairs since that time had taken a different turn. Mr Cumberland has been recalled; and the Catholic King, being now entirely at liberty, has accepted the mediation of the two Imperial Courts. That the King, our ally, had done the same; but that both Kings had declared at the same time to the two mediators, that the mediation could not possibly have any activity, without previously establishing some fundamental preliminaries. Of this observation the two mediating Courts had already felt the propriety. That France was then (viz. the 19th of April) expecting the effect, which this communication would produce on the Court of London. That the first question proposed by France, related to the admission of an American Plenipotentiary; and that the object of the second was to know, upon what footing the King of England intended to treat with the United States. The Court of France, not knowing that the United States had agreed to accept the mediation, again invite us to it.

The Minister here observed, that Congress would judge by the questions proposed to the mediating powers, by the King his master, of the principles, by which his Majesty was actuated with respect to the United States. He assured us, that his Majesty is invariably resolved to abide by those principles, and will enter into no negotiation whatever before he shall receive a satisfactory solution of those two questions. He added, that the French Ministry trusted, that this conduct would more and more convince the United States, and would cause them to imitate the example of the King, and to feel that their honor and their interest call for their constant attachment, their friendship, and unreserved confidence towards him.

The Count de Vergennes observes, that it is plain from these circumstances, that the negotiation for peace will be full of difficulties, and that it will probably be necessary, in pretensions as well as proceedings, to be very cautious, and to act so as to remove those difficulties, and everything, which might increase the acrimony, to which the English Plenipotentiaries may be naturally inclined.

From another letter of the same date.—That when this letter was written, the Court had received information of the sentiments of the Court of London with respect to the United States. The Count de Vergennes mentions, that in the act, by which the Court of London accepts the mediation of Russia, and requests the mediation of the Emperor, she declares, that she is ready to make peace, as soon as the league between France and her revolted subjects shall be dissolved. That this pretension had met from the Court of France the contempt which it deserved. She on her part has declared, that if this proposition contained the last determination of England, it would be in vain to think of peace; and she has desired the English Ministry to give a positive answer on the two questions above mentioned. That this declaration had been exactly transmitted by the Court of Vienna to that of London; and the result of the answer made by that Court to the Imperial Majesty is, "that in all points to be agitated in a future Congress, England will behave with great equity and condescension; but the dependence of her rebel subjects in America must be pre-established, and that this matter must be left entirely to the care of Great Britain." That it is easily to be perceived, that while things remain in this situation there can be no possibility of a mediation or peace.

The Count de Vergennes remarks, that Congress will be finally convinced, that it is only by arms and the most vigorous exertions, that our independence can be extorted from the Court of London, and not at all by negotiation or persuasion. That the Court of France will transmit to the Court of Vienna the sentiments of the King on the British answer. That if these sentiments should be forwarded to the Court of London without any commentary, it is probable they would make but a slight impression; but it may be hoped from the justice of his Imperial Majesty, that they will be so supported by such reflections as to make a greater impression on the British Court; although it is not to be expected, that the Austrian Court will fully enter into the views of his Most Christian Majesty, until the matter shall be more perfectly explained. The Count, nevertheless, urges the necessity of sending forward proper instructions and powers for the mediation.

From a letter of the 11th of May.—That the affair of the mediation has made no progress; and that it is very probable, that the mediators will not be soon enabled to begin the negotiation. That the admission of an American Plenipotentiary presents the greatest difficulties. That the Count, however, will take every measure in his power to have this admission decided in favor of the United States, before the regular opening of the mediation. The Count urges the Chevalier de la Luzerne to observe to Congress, that the best manner of removing these obstacles would be a decisive victory, gained by the United States in the present campaign.

From a letter of the 27th of July.—Count de Vergennes observes on an opinion, which prevailed in America, respecting the friendly disposition of the powers of Europe towards the United States, that as yet, not one Court had taken the least step, which manifests their disposition towards the United States. That the Courts of Vienna and Petersburg, having assumed the character of mediators, cannot be too reserved. For by a different conduct they would become obnoxious to one or other of the belligerent powers, and lose the important and glorious part, with which they are intrusted. That it results from these observations, that the United States ought to look upon themselves as being still separated from all other powers; and that they have but one professed friend, which is France; and that the United States ought to rely principally upon their own resources.

The Count de Vergennes observes, that he has talked circumstantially with Mr Adams on these subjects, who appeared to be satisfied with what had been done in favor of his country. That he had communicated to Mr Adams the preliminary overtures made by the two Imperial Courts, as well as the intended answer of his Most Christian Majesty. That the great or only difficulty concerns America. That France will do all in her power to remove that obstacle, upon which depends the activity of the mediation. That as soon as it shall be removed, or proved to be insurmountable, proper instructions will be forwarded to the Chevalier de la Luzerne, concerning the conduct, which the state of affairs will require from Congress. That the Court of France had received, with great satisfaction, information, that Congress were disposed to trust their interest to the two mediating powers. The Chevalier de la Luzerne is directed to inform Congress, that no use shall be made of this disposition, in the present state of affairs; and that it shall be communicated only when it can be done consistently with the dignity of the United States.

From a letter of the 19th of April.—That Mr Dana has communicated to Count de Vergennes his appointment, and requested his advice concerning the conduct, which circumstances demanded on his part. That it gave the Count great pleasure to observe this proof of the confidence, which Congress and their Ministers reposed in the friendship and advice of his Court. That the Count informed Mr Dana, that he would run the risk of exposing his person, and the dignity of the United States, if he assumed any character whatsoever in Russia, while the Empress had not acknowledged the independence of the United States, and expected to act the part of a mediatrix, which demanded the most perfect impartiality. That Mr Dana felt the propriety of the observation; and proposed to the Count, that he should appear in Russia in the character of a common traveller, keep his commission a secret, and avoid with the greatest care to speak of business, unless requested so to do by the Russian Ministry. That the Count fully approved of this prudent scheme; and apprized Mr Dana of all the difficulties he would meet with. He had him recommended to the Marquis de Verac, Envoy Extraordinary at the Court of Petersburg; and the Chevalier de la Luzerne is directed to assure Congress, that the Marquis de Verac would do all in his power for Mr Dana's best reception, and with pleasure assist him with his counsels, as often as he should have recourse to them. That the Marquis de Verac had communicated to the Russian Ministry the resolution of Congress, concerning the principle of the declaration made by the Empress of Russia to the belligerent powers. That this Envoy informs the Count de Vergennes, that the contents of this resolution had afforded great satisfaction to Count Panin, Minister of Foreign Affairs, who intended to submit it without delay to the perusal of the Empress. That the Marquis de Verac did not doubt, but that she would be pleased with the readiness of Congress to adopt that principle; and that correspondent resolutions will have been taken respecting the navigation of the neutrals.

From a letter of the 29th of June.—That the accession of the State of Maryland to the general confederation, in the opinion of the Court of France, presents very great advantages; among which is this, that Congress having at last acquired that power, which the act of confederation has assigned them, it is to be expected, that their orders will be fully and exactly executed, and that they will take advantage of the resources of their country, to give to American patriotism new energy. The Minister is directed to inform Congress of the satisfaction the King has received on that account, and to tell them at the same time, that there is the most pressing necessity to take more effectual measures than heretofore to drive the British out of this continent. It is thought needless to enter into details about the circumstances, which render this measure necessary. The King entreats the United States, as his friends, not to lose a moment in acting as vigorously as possible against the common enemy. That Congress cannot be particularly acquainted with the different burdens, which France has upon her hands. She wishes to be in a situation to continue as effectual assistance to the United States as at this moment; but future events may happen in a manner different from what we may expect, though nothing can change her unalterable resolution to support the independence of her ally. The Count de Vergennes observes, that he shall not speak any more of the non arrival of the second division, having reason to believe from orders given to Count de Grasse, that the delay will be judged of greater utility to the United States, than if the announced reinforcement had been sent in the time expected. He adds, that the Chevalier de la Luzerne had been already informed of the causes, which had prevented a compliance with the expectation, which he had been authorised to give.

From a letter of the 11th of May.—That the Count de Vergennes had been informed by the Duc de la Vauguyon, Ambassador to the United Provinces, of the intention of Mr Adams to display his character as a Minister of the United States in Holland. That the Duke gave him no assistance on that occasion, knowing the application would have no favorable issue. The Chevalier de la Luzerne is directed to inform confidentially a committee, or Congress themselves, of these circumstances, in order, that they may transmit to their said Minister Plenipotentiary such instructions as they may think proper. France is too much interested in the fate of the United States not to give them such counsels as would have for a principal object their advantage and their dignity.

At a second conference, on the 24th of September, the following additional communications were made by the French Minister to the committee.

From a letter of the 19th of April, 1781.—That Count de Vergennes remarks, that on the application of Chevalier de la Luzerne, and his representation of the distresses of the United States, measures had been taken for our aid when Colonel Laurens arrived. That it being impossible for the King to comply with all Colonel Laurens's demands, he took the resolution to offer his guarantee for ten millions of livres tournois, to be borrowed in Holland, for account of the United States. That the King was sensible of the wants and distresses of Congress, and wished to relieve them; but that it ought to be considered, that the French squadron and troops are in America for our immediate assistance. That Count de Grasse's expedition to America will occasion great expense; and that all those things collected together, would go far beyond even the expectation of Congress. That the most essential manner of showing the gratitude of the United States would be, by making all the exertions in their power, to co-operate in a glorious and effectual manner with the King's forces for their own speedy deliverance.

The Count de Vergennes observes, that a part of the six millions of livres would be employed in purchasing the different articles, contained in a list delivered by Mr Laurens. That three millions would be given by instalments to Dr Franklin, for the payment of bills of exchange drawn by Congress. That a fourth million would be reserved for unforeseen emergencies, and particularly to pay for the supplies embarked in the ship Lafayette. That Count de Vergennes had been Dr Franklin's security for a part of those supplies, amounting to four hundred and seventeen thousand livres. That he is unacquainted with the measures, which had been taken to effectuate the loan of ten millions in Holland, that affair being in the province of M. Necker, who probably would settle that matter with Mr Laurens, or with Mr Adams, who at that time was still in Holland to fill up a loan of a million florins, which he had opened several months before.

From a letter of the 11th of May.—That Count de Vergennes informs the Chevalier de la Luzerne, that orders had been given by the King to have the loan of ten millions, on account of the United States, negotiated; that the Duc de la Vauguyon had received orders to propose it to the States of Holland, but met with insuperable difficulties, not only because the United States had no credit in Holland, but also because that Province was afraid of exposing itself; and that indeed granting a loan to the United States would be the same thing as countenancing their independence, which would be contrary to the obligations entered into by the republic with the neutral powers; that in order to remove this difficulty, the King had presented himself as a principal borrower, and as being alone accountable for the sums, which were to be furnished.

The Count adds, that he thinks these proceedings need no commentary; and that a mere exposition of them will be sufficient to excite the gratitude of the United States, and to engage them at last to make all the exertions in their power. The Count flatters himself, that the measures, which have been taken by his Court, will enable Congress to put their finances in the best order. That the Chevalier de la Luzerne had often written to him, that the most certain way to effectuate so happy an event would be, to put Congress for a while out of their distressing situation, and to enable them, by an external relief, to take internal measures without precipitation, and with solidity. That these considerations determined the King; and that from affection he has done more for his ally than mere prudence would, perhaps, have suggested to him. That the Council of the King have no doubt but this resolution will be productive of the good effects, which the Chevalier de la Luzerne had announced. The Count exhorts Congress to take hold of the present circumstances for the common advantage. He thinks it his duty freely and openly to declare, that the moment is come not to spend the time in expectation, deliberation, and useless exhortations; that though he would wish to avoid every disagreeable intimation, friendship and common interest oblige France to speak without reserve, and with perfect sincerity. That the King has done on this occasion what he can do no more; that Congress, if well informed of the situation of his Majesty's affairs, would be sensible that an exertion like the present cannot be repeated; and that the Court would feel the deepest concern, if it was under the disagreeable but indispensable necessity of refusing the demands of an ally, whose cause is now become its own.

From a letter of the 14th of May.—That Count de Vergennes observes, that Colonel Laurens had taken leave of the King, and that he ought to be satisfied with the success of his mission, although he had not obtained all that he demanded. That the Court of France hopes these demands will not be renewed; for how disagreeable soever to refuse allies whom the King sincerely loves, necessity would oblige him to reject pecuniary demands of any kind whatsoever.

From a letter of the 27th of July.—That the Chevalier de la Luzerne observed, that in March last he informed Congress, that the Court no longer pay the bills drawn upon France; upon which declaration he believes Congress stopped all drafts on Dr Franklin. That he informed the Court of that resolution of Congress. The Court in the meantime had resolved to grant a subsidy of six millions, to be employed in purchasing arms, ammunition, and clothing, to be sent from France to the United States; and the remainder of the sum to be employed in paying the drafts of Congress, or of any person they might appoint. Mr Morris being appointed Superintendent, the Minister according to his instructions authorised him to draw for half a million of livres, and informed M. Necker of this measure; accordingly funds were prepared for a regular payment. The Chevalier de la Luzerne had agreed with the Superintendent, that he might draw in the whole for a million and a half, including the half million above mentioned; of all which he had informed Count de Vergennes. Colonel Laurens being in the meanwhile arrived in France, it was found from his representation, that the mode of drawing was prejudicial to Congress, and that if the specie was imported, there would be no loss; and it was agreed, that he should bring over two millions and a half, out of the six millions, in specie. In consequence of this measure, Count de Vergennes acquaints the Chevalier de la Luzerne, that he hopes the Superintendent will not have drawn more than the before mentioned half million of livres. He wishes it the more earnestly, as bills for a greater sum would embarrass the finances of France in a great degree, the goods delivered to Colonel Laurens exceeding already the sum remaining out of the six millions, and the goods taken on board the Marquis de Lafayette being not yet replaced.

For a fuller explanation, the Chevalier de la Luzerne communicated to the Committee an account of the sums already furnished, and to be furnished from this time to the end of the present year for the service of the United States. That he had orders to take hold of this opportunity to repeat to Congress, that the King for the next year cannot continue any supplies to the United States, even of a much less nature. That it is time for them to relieve his Majesty from the heavy burdens in a war, which he had undertaken and carries on for their sakes. That the Count de Vergennes expects that Congress will not have drawn more bills of any kind after the 1st day of April last; that firmly relying on this, he had engaged the King to procure the necessary sums to answer the bills drawn before that period, and desired Dr Franklin to accept no more, if he had no other means of paying them; that this resolution could not be altered by any circumstances whatever.

The Count de Vergennes proceeds to state, how far the abuse of the King's benevolence had been carried, he supposes against the will and instructions and without the knowledge of Congress. That the bills drawn upon Mr Jay, Mr Adams, and Mr Laurens, had been sent back to Dr Franklin, that is, in effect to the Court of France. That the Republic of Holland had been unwilling to hear of any loan, even under the guarantee of the King, when it was known that the money was intended for the use of the United States; and that to remove this obstacle, as he had before observed, the King was induced to present himself as the principal borrower. The Court was still unacquainted with the effect of that proposition.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, September 24th, 1781.

Sir,

The undersigned, Minister Plenipotentiary of France, has the honor of communicating to Congress a Memorial, which has been sent to him by Don Francisco Rendon. He entreats Congress to take it into consideration, and he has no doubt that the resolution, which that body shall pass upon the subject, will be as advantageous to the subjects of his Catholic Majesty as justice will allow.

LUZERNE.

MEMORIAL OF DON FRANCISCO RENDON TO THE MINISTER OF FRANCE.

Translation.

May it please your Excellency,

Don Francisco Rendon, resident in this city, Encargado de Negocios for the Court of Spain, with all due respect, informs your Excellency that in consequence of the articles of capitulation granted to the troops and inhabitants of his Britannic Majesty at the reduction of Pensacola, by Don Bernardo de Galvez, commander in chief of the forces of his Catholic Majesty, permission was granted by the Governor of the place to Captain Jahleel Smith, with his vessel called the Sally, her crew and passengers contained in the passport, to go to New York, six of the passengers being prisoners on parole, to be exchanged for an equal number of Spanish prisoners; that in his passage the said flag was captured by an American vessel, called the Betsy, Captain Enos, belonging to the State of Pennsylvania; that in consequence thereof, the said J. Smith has presented to me a petition and an account, which I herewith enclose, praying me to obtain for him an indemnification and payment for the damages he has sustained, and that liberty may be granted him by the supreme authority to pass freely to the place of his destination, agreeable to the permission of the Generals of the King, my master.

I therefore entreat, that your Excellency would be pleased to present this Memorial, with the documents accompanying it, to the Honorable Congress, and pray them to order payment to be made to the Captain of the flag, for the delay and damages occasioned by this capture, and grant the said prisoners of his Catholic Majesty mentioned in the passport, free permission to go to New York, in order to discharge their parole and obtain their exchange. I am induced by your Excellency's goodness to hope for this favor, and am, &c.

FRANCISCO RENDON.

CONGRESS TO THE MINISTER OF FRANCE.

Philadelphia, September 25th, 1781.

Sir,

The United States in Congress assembled, ever desirous to observe good faith and maintain the rights of neutrality, and sincerely disposed to cultivate the friendship of his Catholic Majesty, have referred the Memorial presented by your Excellency, in favor of Jahleel Smith, master of the schooner Sally; to a committee of Congress, who now have it under consideration.

To form a right judgment of the transaction it is conceived necessary, that an authentic copy of the capitulation granted by his Catholic Majesty's General to the British officer lately commanding at Pensacola, and referred to in the Memorial of Don Francisco Rendon, residing in this city, Encargado de Negocios for the Court of Spain, should be communicated to the United States. In the meantime it requires no deliberation to assure your Excellency, that the laws of the land are competent for redressing every injury perpetrated by vessels of war commissioned by the United States, or under their authority, although the security for the good behaviour of the officers and crews may not be adequate to the damages claimed.

THOMAS M'KEAN, President.

FROM 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 feel an additional obligation to your Majesty, for your friendly reception of our late special Minister Lieutenant Colonel John Laurens. By him we received your Majesty's letter, containing new assurances of what the United States have been long convinced, your Majesty's affectionate patronage of American independence. His report, while it proves that our attachment has not been misplaced, will increase our gratitude. We have charged our Minister Plenipotentiary at your Court to render to your Majesty more particular acknowledgments for your zeal for the re-establishment of peace, upon principles coinciding with the liberty and sovereignty of the United States, and for the important succors lately administered to our necessities. We shall also instruct him to inform your Majesty of the arrangements, which have taken place for calling forth the resources of the United States with decision and effect against the common enemy.

We pray God, that he will keep your Majesty, our Great, Faithful and Beloved Friend and Ally, in his holy protection.

Done at Philadelphia, the eighteenth of October, in the year of our Lord one thousand seven hundred and eighty one, and in the sixth year of our independence. By the United States in Congress assembled.

Your faithful friends and allies.

THOMAS M'KEAN, President.

Attest, Charles Thomson, Secretary.

THE KING OF FRANCE TO CONGRESS.

Translation.

Very Dear and Faithful Allies,

Satisfied of the interest you take in every event which affects us, we are anxious to inform you of the precious mark, which Divine Providence has just given us of his goodness, and of the protection he has granted to our kingdom. We do not doubt that you will partake in the joy we feel on the birth of our son, the Dauphin, of whom the Queen, our most dear spouse, is just now happily delivered.

You will easily be convinced of the pleasure, with which we shall receive every proof that you may give of your sensibility upon this occasion. We cannot renew at a period more affecting to us, the assurance of our affection and of our constant friendship for you. Upon which we pray God, that he would have you, very Dear, Great Friends and Allies, in his holy keeping.

Written at Versailles, the 22d of October, 1781.

Your Good Friend and Ally,

LOUIS.

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Philadelphia, October 24th, 1781.

Sir,

I do myself the honor to transmit you a copy of the resolution, by which Congress have been pleased to appoint me their Secretary of Foreign Affairs. They have annexed to this department the agreeable duty of receiving and making those communications, which the reciprocal interest of the allied nations may render necessary.

I need not tell you, Sir, with what pleasure I enter upon that task, when (by the direction of Congress) I enclose an account of the signal success obtained by the united arms of America and France. The cement it so happily affords to their connexion may justly be numbered among the important advantages, that will result from it to both countries.

I have the honor to be, Sir, with the highest respect and esteem, &c.

ROBERT R. LIVINGSTON.

TO ROBERT R. LIVINGSTON, SECRETARY OF FOREIGN AFFAIRS.

Translation.

Philadelphia, October 25th, 1781.

Sir,

I have received the letter, with which you honored me on the 24th instant, and it is with the most sincere satisfaction, that I see in it your determination to accept the office, to which Congress have appointed you. It will give me great pleasure to address myself to you, in sending to Congress those communications, which I shall have it in my power to make; and I shall be no less flattered to receive through you every communication, which that body shall think proper to make to me. I can assure you, Sir, that the choice now made by Congress will give great satisfaction in Europe, where your patriotism, your past services, and your wisdom have long been known.

I have the honor to be, &c.

LUZERNE.

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, November 2d, 1781.

Sir,

It is with peculiar pleasure that I obey the directions of Congress in making communications, which show their sense of the exertions of their ally, and of the merit of the officers he employs. The confidence inspired by the first, and the esteem excited by the last, form new bands of union between nations, whom reciprocal interests had before connected. In this view I flatter myself the enclosed acts of Congress will be agreeable to you, and that you will with pleasure communicate to his Most Christian Majesty their desire, with his permission, to present to the Count de Grasse two pieces of field ordnance, taken from the enemy at York, with inscriptions calculated to show that Congress were induced to present them from considerations of the illustrious part, which he bore in effectuating the surrender.[1]

I have the honor to be, with the greatest respect and esteem, &c.

ROBERT R. LIVINGSTON.

FOOTNOTES:

TO GEORGE WASHINGTON.

Translation.

Philadelphia, November 4th, 1781.

Sir,

I have received the letter, which you did me the honor to write on the 29th ultimo, and the papers from Count de Grasse, which you had the goodness to send to me, and for which I beg you will accept my thanks.

We are encouraged to hope for your arrival here. I shall be extremely happy to be able to testify to you in person the joy, which I have received from your success. That joy is universal, and it can but increase the attachment and esteem of all orders of citizens, and of my own countrymen, to your Excellency.

I have the honor to be, &c.

LUZERNE.

TO THE SECRETARY OF FOREIGN AFFAIRS.

Translation.

Philadelphia, November 4th, 1781.

Sir,

I have received the letter, with which you honored me on the 2d instant, with the resolutions of Congress of the 28th of October, which accompanied it. I have no doubt that they will be most agreeable to his Majesty, and that he will learn with great pleasure, that the remembrance of the success obtained by the allied arms is to be preserved by a column, on which a relation of this event will be inscribed, and mention made of the alliance.

I shall be glad, before any farther resolutions are taken on this subject, to communicate to you some ideas relative to this monument. It is so honorable to the two nations, and so well adapted to perpetuate the remembrance of their union, that we ought to be mutually desirous of giving it all the solidity and durability of which the works of man are susceptible. Besides, Sir, I observe that the United States are named before the King in these resolutions. This is the second time within my knowledge, that this form has been adopted. I remarked on it the first time; and was then positively assured, that it was an error, which should be corrected on the journals. I entreat you to be pleased to let me know distinctly what usage Congress intends to adopt on this subject, in order that I may make it known to my Court.

I have the honor to be, &c.

LUZERNE.

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, November 6th, 1781.

Sir,

Having been honored with your letter of the 4th instant, I remark with pleasure, that the mode in which Congress propose to perpetuate the success obtained by the allied armies at York, is such as will in your opinion be agreeable to his Most Christian Majesty. As Congress must concur with you in wishing to render this monument of the alliance, and of the military virtues of the combined forces as lasting, if possible, as the advantages they may reasonably hope to reap from both, they will, without doubt, pay all due deference to any ideas you may think proper to suggest relative to the manner of carrying the resolutions of the 28th of October into effect. I shall receive, Sir, with pleasure, and submit to Congress any communications, that you will do me the honor to make on this subject.

I am sorry to find, that you consider the order, in which the allied nations or their Sovereigns are placed in the resolutions, as anywise exceptionable. This mode of expression might perhaps be justified by the absolute equality established between sovereign powers, and the common practice of independent nations to recognise no superior in acts to be executed by themselves, within their own limits. But, Sir, I am so well satisfied that Congress wish to avoid discussions, which must be treated with great delicacy by nations situated as ours are, where every demand on the one part, not strictly authorised by the law of nations, might derogate from the generous protection, which we make it our boast to have received, and the denial of just rights on the other subject us to the imputation of ingratitude, that I think you may safely rely upon their practice, when some future occasion shall present, to evince that the order in which the allied nations are mentioned did not originate in any settled rule, and above all, that no want of respect for his Most Christian Majesty dictated the resolution to which you object. Be persuaded, Sir, that regardless as the United States are of form and ceremony, in matters that relate to themselves alone, they will think their endeavor to support France in the high rank which her extent, wealth, and power have given her, a small return for the wise and generous use she makes of these advantages.

I have the honor to be, with sentiments of the greatest respect and esteem, &c.

ROBERT R. LIVINGSTON.

ROBERT R. LIVINGSTON TO THE PRESIDENT OF CONGRESS.

Office of Foreign Affairs, November 6th, 1781.

Sir,

I do myself the honor to submit to Congress a letter to the Minister of France, which covered their resolutions of the 28th of October, his answer thereto, and the draft of a letter in reply to his. As the last implies a promise on the part of Congress, I did not think myself authorised to send it without their approbation.

Congress will observe, that I endeavor to wave a question, which perhaps it might have been imprudent to answer by a direct avowal of the propriety of the resolution, or in the present circumstances to yield in express terms. By seeming to slight matters of mere ceremony, we may avoid troublesome discussions in future, and teach the old world by the example of the new to get rid of a clog, which too often fetters the most important transactions. I take the liberty to submit to Congress the propriety of directing in the next vote, which they shall have occasion to pass, in which France and America, or their Sovereigns, are mentioned, the preference to be given to the first, and so that we may seem to have established no rule on a subject of so little moment as rank or precedence.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, November 21st, 1781.

Sir,

Finding by frequent applications from the French Islands, that their Courts of Admiralty are not fully acquainted with the resolutions of Congress, passed the 14th of October, 1777, which vest in the captors the property of such of the enemy's vessels as are taken by their mariners; and being called by the letter, a copy of which I do myself the honor to enclose, to attend particularly to the case of Captain Jones and his crew, I must beg, Sir, that you will do me the favor to recommend it to the notice of the General and Commander in Chief of the French Leeward Islands, for whose use I enclose a certified copy of the above mentioned resolutions of Congress, presuming that the Court of Admiralty will pay some respect to them in their decisions, though they may not be strictly agreeable to the rules they have adopted, since it would be highly disadvantageous to both nations to have that considered as lawful prize in one port, which is not so in another. But should the Court think they are not warranted in condemning the vessel, she should at least be restored to Captain Jones or his agent, that she might, by being brought to a port of the United States, become lawful prize.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

HEADS OF A VERBAL COMMUNICATION MADE TO THE SECRETARY OF FOREIGN AFFAIRS BY THE MINISTER OF FRANCE.

In Congress, November 23d, 1781.

The Secretary of Foreign Affairs laid before Congress the following heads of a verbal communication made to him by the Minister of France.

The Minister of France informed the Secretary of Foreign Affairs, that the Count de Vergennes, in a letter to him of the 7th of September, 1781, assured him that the King of France had received with great pleasure, an account of Mr Adams, Mr Franklin, and Mr Jay's appointment to the place of Ministers for the negotiation of peace; and after expressing favorable sentiments of them and of Mr Jefferson, from his general reputation, adds, that they have little reason to hope for the assistance of Mr Laurens, since the enemy will probably continue his captivity during the war. That the King accepted with pleasure the proofs, which Congress have given him of their confidence, when they intrusted to his care the interests of the United States. That he would use his influence and credit for the advantage of his allies, whenever a negotiation should render their interests a subject of discussion. That if he did not obtain for every State all they wished, they must attribute the sacrifice he might be compelled to make of his inclinations, to the tyrannic rule of necessity. That, however, he had no reason to believe, that the events of the campaign would make an unfavorable change in the situation of affairs; and that from the present view of them, he had no cause to dread a disadvantageous peace.

The Count adds, that he presumes Mr Adams has communicated to Congress his Majesty's refusal to accede to the terms of the mediation of the Imperial Courts, until they should agree to acknowledge the American Plenipotentiaries in the manner most conformable to the dignity of the United States; and observes thereon, that if the King was so attentive to a matter of form, though it might indeed in our present situation be considered as important, he would not be less tenacious of our more essential interests, which he will be zealous to promote, as far as circumstances will allow. But that if notwithstanding this, Congress, or even a considerable part of its members, should regret the confidence they had placed in his Majesty, or wish to free their Ministers from this restraint, his Majesty would not disapprove the measure; provided they made their Ministers answerable, as in justice they should be, in proportion to the powers, with which they invested them. He expresses his satisfaction at the extensive powers, with which the Ministers are invested as to the matter of boundary, and the truce, which he says, the interests of France as well as of us, require to be as long as possible.

With respect to the statu quo, he says, that though from the number of their conquests it would be beneficial both to France and Spain, yet it has not entered into their system so far as it regards America, and that his Majesty accordingly refused to accede to the plan of negotiation proposed by the mediating powers, which held up that idea. He exhorts the Minister to recommend to Congress the most vigorous exertions, and to assure them, that the expulsion of the enemy from this continent depends in a great measure on the exertion of the United States; that France would be able to afford us very little assistance; and that Britain, so far from discovering any inclination to peace upon reasonable terms, absolutely refused the plan of negotiation proposed by the mediating powers; so that arms alone could compel her to it. He mentions, that the King being apprehensive, that the capture of the Marquis de Lafayette might reduce us to some difficulties, had ordered her cargo to be replaced immediately; and that in consequence of applications from the States of Virginia and Maryland, he had ordered a number of arms and military stores to be shipped to them, subject however to the order of Congress. That this and the cargo designed to replace that of the Marquis de Lafayette, were to be paid for out of the loan negotiated in Holland, which he had occasion to think would be completed. He expresses a desire, that the plan for the appointment of Consuls should be digested and adopted, as the Court of France wished to make it the basis of some commercial arrangements between France and the United States.

The Secretary for Foreign Affairs further informed Congress, that the Minister of France had communicated to him the following extract of a letter from the Count de Vergennes, which he had transmitted to the Superintendent of Finance.

Extract of a letter from the Count de Vergennes, September 7th, 1781.

"We think that since the arrival of Colonel Laurens, you have stopped the bills of Mr Morris on Messrs Le Couteulx. If the Superintendent has not followed your advice, he will cause us some embarrassment, as we have not destinated any fund for that article. We have peremptorily declared to Dr Franklin, that we will not in future discharge any bills, that had not been drawn with your consent. As to you, Sir, we cannot but repeat our former instructions on this subject; and we direct you to authorise no draft even for a small sum."

No. 1.

The Answer of his Most Christian Majesty to the Articles proposed by the two Mediating Courts.[2]

Translation.

The mediators are too well satisfied of the moderation of the King, and his constant wish for the re-establishment of peace, not to be previously assured, that his Majesty will receive with as much gratitude as warmth the Preliminary Articles they have communicated. The King, the more fully to convince the two high mediators of his frankness and of the purity of his intentions, as well as of the unreserved confidence, that he places in the justice and impartiality of their High Imperial Majesties, believes he ought to make some confidential observations upon these Preliminary Articles. His Majesty flatters himself, that this will be more acceptable to them as its sole objects are to prevent discussions, which are equally mischievous and complicated, and to facilitate the much wished for success of their generous interposition.

"Article i. There shall be a negotiation at Vienna, by the united care of the two Imperial Courts, embracing all the objects for the re-establishment of peace, which the belligerent parties, who intrust them with the mediation, shall judge proper to be there proposed. A negotiation shall in the meantime be entered into between Great Britain and her Colonies for the re-establishment of peace in America, but without the intervention of either of the other belligerent parties, or even of the two Imperial Courts, unless their mediation shall be formally demanded and accorded, for this object."

According to the verbal observations, the expressions in the first part of this Article have been used merely to place the King of Spain in a situation to propose the cession of Gibraltar, and this turn has been judged necessary because the Court of London had previously declared, that it ought to be made without reference to this cession, while the Catholic King demands it as a preliminary; as this part of the Article immediately affects the Court of Madrid, the King cannot but refer himself to it for the answer that shall be made thereto. His Majesty is content to observe, that having united himself in the same cause with the King, his uncle, he neither can nor will separate his interests from those of that Prince, and that he regards the satisfaction he claims as a condition, without which he cannot personally treat of those matters.

As to the second part of the Article, the two Imperial Courts cannot flatter themselves with the hopes of bringing their mediation to a happy issue, if they do not prevent the subterfuges, the subtelties and false interpretations, which either of the belligerent powers may avail themselves of to explain according to their views the preliminary propositions, which will certainly happen if they do not previously ascertain the sense of the expressions, which relate to America.

The Court of London will elude as much and as long as she possibly can, the direct or indirect acknowledgement of the independence of the United States, and will avail herself of the terms, that are used in speaking of them, to maintain, that she is not obliged to treat with her ancient Colonies as with a free and independent nation. That she is consequently not reduced to admit a Plenipotentiary on their part, and that she is at liberty to view the American representative as a deputy from a part of her subjects who demand a favor. From whence it will follow, that when the mediation is in force, and they shall be about to enter upon the negotiation, that they will dispute the character, in which the American Plenipotentiary shall be received. The King of England will consider him as his subject, while Congress will demand, that he shall be received as the representative of a free people, by means whereof the mediation will be stopped at the first outset.

To prevent this inconvenience it should seem, that previous to any other measure, the character of the American agent ought to be determined in the most precise and positive manner, and Congress should be invited to confide its interests to the mediation. This invitation is so much the more interesting, as the negotiation relative to America should go hand in hand with that of the Courts of Madrid and Versailles, and by consequence, the negotiations although separate should commence at the same time.

But who will invite the Congress to treat with England? The King cannot, since the First Article excludes him from the negotiation. This task then can only be executed by the mediators themselves; all that the King can do, and that he will do with zeal and fidelity, is to invite the Americans to the peace, and to facilitate it by every means that they believe compatible with their essential interests. But that the King may take this step with safety, and the hopes of success, and with the certainty of not rendering himself suspected by the Americans, it is necessary that he should first know the determination of the mediators upon the observations now made to them, and that this determination should be such as to secure to the American States their political existence.

The two high mediators and their Ministers are too enlightened not to perceive, that without this preliminary measure the Congress will send no person to Vienna, and that the King can make no attempts to engage them thereto, without incurring the danger of involving himself, by means whereof, and for the reasons already urged, the mediation will be stopped at its first outset. These reflections appear to merit the most serious attention of the two mediating Courts.

"Article ii. This separate peace cannot, however, be signed, except conjointly, and at the same time with that of the powers whose interests shall be treated by the mediating Courts. Although neither peace, notwithstanding they are treated separately, shall be concluded without the other, yet care shall be taken to inform the mediators constantly of the progress of that, which regards Great Britain and the Colonies, to the end, that the mediation may be able to regulate the measures intrusted to it according to the state of the negotiation relating to the Colonies, and both of the pacifications, which shall have been separately concluded at the same time, shall be solemnly guarantied by the mediating Courts, and by every other neutral power, whose guarantee the belligerent powers may think proper to claim."

When the United States shall have been duly called to the Congress at Vienna, and shall have commenced their separate negotiation with England, this Article will make no difficulty with his Majesty.

"Article iii. To render the negotiations of peace independent of events of war, always uncertain, which may arrest, or at least retard their progress, there shall be a general armistice between the two parties, during the term of one year, reckoning from —— of the month of —— of the present year, or reckoning from the month of —— of the year 1782. Should it happen, that a general peace should not be re-established during the first term, or whilst the duration of either of these terms continues, everything shall remain in the same state, in which it shall be found at the signing of these preliminaries."

This Article includes two objects equally important; an armistice and a statu quo. The mediators have already acknowledged, that without this preliminary basis, they cannot enter upon a serious negotiation for a peace; and, for still stronger reason, these preliminaries should be established before a truce can be spoken of.

The two mediating Courts are themselves of this opinion, since they do not propose the armistice, but in consequence of the acceptation of the first and second Preliminary Articles. The King thinks, that before they can agree to an armistice, it is necessary that the belligerent parties should have established preliminaries; and it cannot be denied, that the basis, which the high mediators have proposed, may lead to a delay of those preliminaries, which should serve as the pledge and security for the re-establishment of peace, when, in fact, they really afford none.

But when these preliminaries shall be invariably established, it may be of consequence to determine what duration should be given to the suspension of arms. The plan of the mediators proposes one year; but this term appears too short not to be illusory. In fact, it should be observed, that the fire of war being kindled in the four quarters of the world, one part of the year will have revolved before the orders can be received by the respective commanders; so that tranquillity will be established in Europe, while hostilities continue in America and in the Indies. Besides, all the powers remaining armed, the slightest circumstance may occasion a violation of the truce.

In fine, it is in vain to flatter ourselves with the hope of concluding a definitive peace in the short space of one year; as, exclusive of the variety of subjects, that must necessarily be discussed, the two mediating Courts are at a great distance from each other; nor is there less between the belligerent powers; and we should deceive ourselves, if we supposed, that all the propositions, which will be made on the one part, and on the other, will not give room for much debate and altercation; or, that they will not, consequently, consume much time.

To these considerations we ought to add, that an armistice for one year would be very burdensome, because the powers at war will be obliged to remain in arms, to their manifest loss, as it will be impracticable to disarm, as well from the dispersion of the troops, as from the enormous expense, if, (which is highly probable) it should become necessary to renew hostilities. If, then, the mediators wish sincerely to establish the peace they propose, they should prefer a truce of many years to a simple armistice for one year. This expedient is better adapted to consolidate their work, than a suspension of arms for a short time. But a truce will have the same inconveniences, and be equally dangerous with an armistice, if the belligerent powers remain under arms. Thus it seems necessary to agree at the same time reciprocally to disarm.

But supposing these two points settled, there remains another equally important, that is the statu quo. Neither France nor Spain have any reason to reject it, so far as they are individually concerned. This is not the case with the Americans. To be satisfied of this, we need only cast our eyes upon the points, that the British troops actually occupy upon the continent of North America. The question, then, will be to obtain the consent of the United States, and this consent can only be demanded by the two Courts that offer their mediation, for the reasons that have already been urged.

"Article iv. This plan of negotiation being adopted by all the parties, the belligerent powers shall request the mediators to open the conferences of the Congress, and shall without delay give their respective plenipotentiaries such full powers and instructions, as they shall judge necessary for the success of the negotiation."

The King will conform himself, with as much pleasure as earnestness, to this Article, as soon as the preliminary basis shall be irrevocably established, agreeably to the observation above mentioned. And the King will then authorise his plenipotentiaries to treat immediately of the Preliminary Articles, which should lead to a cessation of hostilities; and, as soon as these Articles shall have been agreed to, to labor with zeal and assiduity for the early conclusion of a definitive treaty. The high mediators may be assured, that his Majesty will facilitate this double task by every means, which he shall deem compatible with his dignity, with his interest, and with those of his allies; and that as far as depends upon him, they will acquire the glory of having established, upon a solid and unalterable basis, the peace and tranquillity of every part of the world.

FOOTNOTES:

No. 2.

The Answer of the Court of London to the Preliminary Articles proposed by the Mediating Courts.

I am authorised to return an answer to the paper, which, by order of your Court, you delivered me, and of which I have given an account to his Majesty.

The answers marked A and B,[3] which I have the honor to submit to you, explain the unalterable sentiments of the King, upon points essential to his dignity, and demonstrate the reasons, that obliged his Majesty to decline the plan proposed, so far as it relates to his rebellious subjects. The King knows the justice and the impartiality of the mediating Courts, and he considers the plan with that spirit of conciliation which they give birth to. But his Majesty cannot but see it in a very different point of view, from that in which it appeared to the august mediators when they supposed it admissible in all points.

The King persuades himself, that after having considered it again, they will not entertain the same judgment relative thereto as heretofore; and that they will even cease to wish that it should be admitted, since, from their intention, as well as from the principles, which they have laid down with so much wisdom, and which the King adopts altogether, it necessarily results, that everything inconsistent with the dignity of his Majesty, the essential interests of his nation, and the rights of his crown, is inadmissible. A just and honorable peace with the belligerent powers, under the mediation of the two Imperial Courts, is the first object of his Majesty's wishes. The King knows, that the two august mediators will pursue the great work, that they have undertaken, with the same sentiments, which induced them to engage therein, the desire of being useful to the belligerent powers; and his Majesty hopes, that their generous care will be crowned with success, and that they will serve to reconcile all the sovereigns at war, by a safe and honorable peace, which it shall be the interest of all parties to accept, and which shall not wound the dignity of either of them.

The sincere desire of peace, the gratitude due to the august sovereigns, who have been willing to charge themselves with the mediation of it, and the sentiments with which the King will always receive whatever shall be proposed to him by them, would dispose his Majesty to accept the proposed Articles, if that acceptation could be reconciled to his dignity, the interests of the empire, and the rights of his crown.

1st. On every occasion, in which there has been a question of negotiation, since the commencement of the war with France, the King has constantly declared, that he could never admit in any manner whatsoever, nor under any form, that there should be any interference between foreign powers and his rebellious subjects.

2dly. The resolution of his Majesty upon this important object is founded upon what the King owes to his own dignity, upon the essential interests of his people, and upon the incontestible right, which every Sovereign has to determine at his pleasure, that which is clearly within his jurisdiction. This resolution is as immutable, as the foundation upon which it rests. From the application of this principle to the different points of the first, second, and third articles, results the melancholy, but indispensable necessity of declining all that is proposed in these different articles relative to the rebellious subjects of his Majesty.

The King invariably entertains the desire, which he has so often manifested, of terminating the war in which he is engaged with the belligerent powers, by a just and honorable peace, under the mediation of the Imperial Courts, and for this purpose his Ministers shall be furnished with instructions and full powers, necessary to treat of all objects directly relative to the said powers. They shall be ordered to pursue the negotiation conformably to the principles explained therein, with all possible zeal, and to contribute on their part every suitable means to conduct it to a happy end.

FOOTNOTES:

No. 3.

The verbal Answer of the King of Great Britain to the to the verbal Observations made by the Count de Belgiojoso, Austrian Ambassador in London.

Since the King finds himself under the necessity of declining a plan proposed by the two mediating Courts, he should think himself wanting in that respect, which is due to them on so many accounts, if he did not give some details of the reasons, which have rendered it indispensable for him to take this step. His Majesty is persuaded, that when the two august mediators shall have considered them with that spirit of justice and impartiality, which characterises them, they will become sensible of their weight.

The King would derogate from his rights of sovereignty, should he consent in any manner to the admission of any person whatever, delegated to the Congress by his rebel subjects; this admission being absolutely incompatible with their quality of subjects. For the same reason, conciliatory measures employed to put an end to a rebellion, ought not to be intermixed, either in their commencement or in their conclusion, with a negotiation between sovereign States.

In consequence of the same principle, his Majesty can never enter into any engagements, nor adopt any plan, which may limit or suspend the incontestible right, which every Sovereign has, to employ all the means in his power to terminate a rebellion kindled in his dominions, either by the progress of his arms, or by conciliatory means employed in the country itself. If, instead of taking advantage of the present disposition of a great part of his rebellious subjects to return to their allegiance, he was to stop the effect and progress of that disposition by stipulating a suspension of arms, he would retard the instant of that reconciliation, which he wishes so much to hasten, and would furnish the leaders of the rebels with the means of fostering and strengthening their rebellion, and oppressing the well-affected by the weight of their usurped authority; he would put it in the power of his enemies to prolong the troubles, if he made the return of peace in America to depend on the success of a negotiation with a belligerent power, a negotiation which it would always be in their power to render fruitless.

The favorable intentions of the King towards his rebellious subjects, and his desire to make them experience the effects of his clemency, and restore to them the happiness, which they enjoyed before their rebellion, are generally known, but whatever may be the arrangements, which his Majesty will make to restore and ensure the quiet of his Colonies, and link the happiness of his American subjects to that of the metropolis, they will be in their nature as all things are, which are merely national, arrangements of internal policy, and as such, they cannot properly be the object of the mediation or guarantee of any foreign power. When the King availed himself of the dispositions of the two Imperial Courts and employed their mediation, his Majesty gave it plainly to be understood, that he aimed at the restoration of peace between the belligerent powers, to which alone it appeared to him that a mediation could be applied. Persisting invariably in the same sentiments, the King wishes that the mediation, at the same time that it confines itself to this particular object, may comprehend it in its full extent, and that the war between Great Britain and the Republic of Holland may be included in it.

If the negotiation is opened, agreeably to these principles, and directed solely to this salutary end, if the other belligerent powers bring to it the same conciliatory spirit which his Majesty will show, the generous care of the mediating powers will meet with a success the most complete, and the most conformable to their views.

No. 4.

Reply of the Mediators to the Belligerent Powers.

Translation.

The Courts of Versailles and Madrid having transmitted to the two Imperial Courts their respective answers[4] to the Articles proposed to serve as a basis to the negotiation, which had been communicated to them, as the Court of London had done on the 15th of June last, the two Imperial Courts think, that they must not delay to communicate their reply reciprocally to the three respective Courts, as necessary to their mutual direction, and they have directed in consequence their Ambassadors and Ministers with the said Courts, to present copies of them to their respective Ministers.

Their Imperial Majesties have seen with the greatest satisfaction, in that which was transmitted to them by his Most Christian Majesty, the assurance of the grateful sentiments and real pleasure, with which his Majesty has received the said Articles, but they could not but be so much the more affected by the exposition of the motives, which have appeared to his Britannic Majesty sufficient to prevent his acceptation of them. It appears convenient to them in the actual state of things to refer to another time, and other circumstances the observations, which they might produce, and which it would probably be useless to expose in the present moment, but what cannot be so either at present or in future, is that the belligerent powers may see in their proper light the Articles, which have been proposed to them, and may in consequence appreciate them properly.

The mediating powers could not allow themselves to make any propositions, which might wound the dignity or delicacy of either of the parties, or any of those, which might in the first instant have obliged them implicitly or explicitly to decisions, which can only be the result of a consent obtained by the way of negotiations. They must consequently have confined themselves to seeking and finding out some proper means to enable the belligerent powers to assemble their respective Plenipotentiaries, at the place where the Congress shall sit, to endeavor, under the mediation of the two Imperial Courts, to settle amicably all the differences, which are the causes of the present war, and when once they have met, and are provided with instructions for all possible cases, to be continually at hand, to seize one of those happy moments, which circumstances sometimes bring on, and which are often lost forever, or at least for a great while, when one has not been at hand to take advantage of them.

They have found at the same time no other inconveniency in this, but that perhaps the progress of the negotiation might not be altogether so rapid as it would undoubtedly be wished. The suspension of arms and of the statu quo by itself, independent of the remaining part of the proposition, can either be adopted or rejected; and after having weighed with the greatest impartiality the inconveniencies and advantages, which may result from the acceptation of their propositions, it has consequently appeared to them, that nothing could better suit the respective interests of the belligerent powers, as well as their general and particular circumstances. They still persist in that opinion, and from the sincere interest, which they take in the circumstances of all the belligerent parties, they cannot but wish, that they might still admit between themselves, with such modifications as they should think proper, the Articles, which have been proposed to them, and which, as his Most Christian Majesty well observes, are not Preliminary Articles, as in the nature of things they could not be such, but which can no less be the means, not only of bringing on at one moment or other the conclusion of a preliminary treaty, but perhaps even that of peace, a speedy return of which is so much to be wished for.

The two Imperial Courts have thought, that in return for the confidence, with which his Most Christian Majesty has expressed himself in his answer, they ought to show as much in exposing to him the light, in which they have seen the step they have taken in proposing the Articles, which they have caused to be communicated to him, and which they still persist in holding out, that the belligerent parties may still be able to adopt what has been proposed to them, or if not, to communicate some other idea, which may be productive of the same good effects, or of happier ones if possible. His Most Christian Majesty may be persuaded beforehand, that in that case they will with the greatest zeal make such use of it as they shall think most useful and convenient. Nothing can certainly add to the sincerity, with which they will take care to justify on every occasion the confidence, which the high belligerent parties have shown in accepting their mediation.

FOOTNOTES:

No. 5.

Answer of the Court of France to the Reply of the Mediators.

Translation.

The King has received, with equal sensibility and gratitude, the answer of the two mediating Courts; his Majesty regards it as a new proof of their friendship for him, of the just estimate which they form of his confidence in their impartiality, and of the true interest which they take in the prompt re-establishment of peace.

The King has not changed, and will not change, in his desire to second views so salutary; and the two high mediating powers may be assured, that so far as concerns his Majesty, it will not be owing to him, if they are not soon in a situation to give full scope to their beneficent zeal.

But the Court of London deprives the King of every expedient and every hope, on this subject, by its invariable resolution to regard and treat the Americans as its subjects. Such a resolution renders abortive every exertion, that may be made for obtaining peace. It utterly destroys the plan of the two mediating powers, since it decides, in the most peremptory manner, the question which is the subject of dispute, and the direct or indirect decision of which should be the preliminary basis of the future pacification.

In this state of things the King thinks, that the conferences, proposed by the two mediating Courts, would at present be without effect, and that the meeting of the respective plenipotentiaries would be but a vain pretence, which would not diminish nor abridge the horrors of war, and which might compromise the dignity of their Imperial Majesties.

The King is truly sorry to see, that things have taken a direction so contrary to his wishes, and to the expectations of their Imperial Majesties; and, if it were in his power to change it, he would do it with an eagerness, which would show to them the purity of his intentions; but his Majesty thinks it his duty to observe, that he has allies with whom he has inviolable engagements, that he should betray them by abandoning the American cause, and that he should betray this cause, if he consented to negotiate a peace separate from and independent of the United States. The high mediating powers have perceived the impossibility of such a proceeding, since they have themselves proposed to place the negotiation of the King, and that of the United States, upon an equal footing.

But even admitting, that the King should lay the affairs of America out of the question, that he should be content to act only for his own personal interest, and that he should leave to the Americans the care of coming to an accommodation with their mother country, what would be the result of this mode of proceeding?

The result would be, that the peace would be deceptive; that it would have a merely speculative existence. In fact, if, as appears from the strongest evidence to be probable, the Americans should persist in their refusal to return to their obedience to the British crown, the war between Britain and her former colonies would still continue. The King would then be obliged, as at present, to assist them; the King of Spain, on his part, would be under the necessity of assisting his Majesty; so that France and Spain, after the signature of their private treaty, would be in the same situation as they now are.

These considerations seem to the King to be most forcible, and his Majesty has too just an idea of the wisdom and penetration of the two high mediating powers, not to be convinced, that they will regard them in the same point of view, and that they will wholly approve the cautious course which they oblige him to pursue.

The King is earnestly desirous to be able to change this course, and it is in consequence of this desire, that he invites the high mediating powers to employ all their influence at the Court of London to induce that Court to show dispositions, which may convince us, that it is at last resolved to unite, in good faith, in a prompt and equitable peace.

The King thinks, that he ought to inform the high mediating powers, that his Ambassador at Vienna is at present authorised to attend to all overtures and all expedients, which tend to this object, whether they come from the Court of London, or are proposed by their Imperial Majesties; and he is also authorised to join in the negotiation, if sufficient grounds are presented to him, for conducting it safely to a happy conclusion, under the auspices of their Imperial Majesties.

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, November 23d, 1781.

Sir,

I have the honor of sending to you a letter, which I wrote to the commanding officer of St Domingo, in consequence of that with which you honored me yesterday.

Be pleased to send the two despatches to those interested, in order that they may send them to their Fondé de Procuration by safe opportunities.

I have the honor to be, &c.

LUZERNE.

CONGRESS TO THE KING OF FRANCE.

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

Great, Faithful, and Beloved Friend and Ally,

At a period so glorious to the arms of France, both by sea and land, and so favorable to the fortunes of America, it is with particular satisfaction that we congratulate the Monarch, whose wise counsels and generous support have so largely contributed to events, illustrious in themselves, and promising consequences truly important.

We wish to convey to your Majesty our sense of the victory obtained by the Count de Grasse over the enemy's fleet on our coast, and the subsequent reduction of the British armament in Virginia; and we repeat our grateful acknowledgments for the various aids so seasonably extended to us. From the benevolence and magnanimity, which has hitherto interested your Majesty in the welfare of these States, we are convinced, that you will on this occasion feel an equal pleasure with ourselves, whose immediate advantage is the result of such fortunate exertions.

We mention with great pleasure the zeal and ability manifested by the Count de Rochambeau, commanding your Majesty's forces in the allied army. His conduct, and that of his officers under him, merit our fullest approbation; and we are made further happy by the perfect harmony and affection, which has subsisted between the troops of the two nations.

The distress occasioned to the common enemy by combined operations will, we trust, point out to both nations the utility of similar measures in future; and whilst it induces your Majesty to supply that naval force, which the situation of our country renders necessary, will urge the United States to every effort which their particular interests, added to their desire of seconding your Majesty's views, can call forth to ensure the complete success of attacks upon the enemy's strong holds.

It is with great pleasure, that the United States continue to number some of your Majesty's subjects amongst their most able, spirited, and faithful officers. It affords the world a striking proof of the intimate connexion, which subsists between the allied nations, at the same time serves to cement the union which it manifests.

Major General the Marquis de Lafayette has in this campaign so greatly added to the reputation he had before acquired, that we are desirous to obtain for him, on our behalf, even notice in addition to that favorable reception, which his merits cannot fail to meet with from a generous and enlightened Sovereign; and in that view, we have directed our Minister Plenipotentiary to present the Marquis to your Majesty.

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

Done at Philadelphia, the twentyninth day of November, in the year of our Lord one thousand seven hundred and eightyone, and in the sixth year of our independence. By the United States in Congress assembled. Your faithful Friends and Allies.

JOHN HANSON, President.

Charles Thomson, Secretary.

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, December 11th, 1781.

Sir,

I have received the letter, with which you yesterday honored me. I have, consequently, the honor of sending you triplicate copies of a letter, which I wrote to the Count du Durat, Governor of Grenada. Be pleased to send it to the persons whom it concerns, and at the same time to advise them to annex to it copies of their memorial in French. I hope that it may prove satisfactory to them. I can do nothing else in affairs of this kind, except to invite the Admiralties of our Islands to take them into consideration.

I have the honor to be, &c.

LUZERNE.

TO COUNT DU DURAT, GOVERNOR OF GRENADA.

Translation.

Philadelphia, December 11th, 1781.

Sir,

I have the honor of sending you a copy of a memorial presented to the State of New Hampshire, and sent by that State to Congress, relative to a ship carried to Grenada by some American sailors, whom the English had compelled to serve on board of her. I do not know what are the rules or usages, to which the Admiralty of Grenada conform in such cases, I merely inform you, Sir, that by the laws of Congress, when insurgent sailors bring an English vessel into the ports of the United States, it is adjudged as a prize to them. The Admiralty of St Domingo, knowing these laws, have not hesitated, in a similar case, to restore the prize to the Americans, who had conducted it into port, after deducting the expenses of the proceeding.

I have the honor to be, &c.

LUZERNE.

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, December 21st, 1781.

Sir,

I do myself the honor to enclose an extract of my letter to Dr Franklin, on the subject of the late ordinance of Congress, relative to captures. Though in it I suggest a mode, by which the identity of goods captured and shipped may be authenticated, yet I have not thought it prudent to give it the preference to any other, which Dr Franklin, upon communicating with the Minister, may think more proper. I have only to request, that you will by your representations second his, and urge the Court of France to adopt the regulation above suggested, or any other that will best guard against this illicit commerce on the one hand, or the injury of innocent dealers on the other.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, January 19th, 1782.

Sir,

I do myself the honor to enclose two letters from Mr Deane, which were delivered with his own hand to a Mr Marshal, who has sworn to their identity. These add so much weight to the suspicions already entertained against him, that they may probably be of use to your Court in justifying any measure, which they may deem it proper to adopt, to prevent the ill effects of the principles he endeavors to disseminate, and to invalidate the ill-founded assertions he makes.

I beg to be informed whether you think it probable that the Hermione has sailed yet, and if not, whether you have any express going down to her.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, January 20th, 1782.

Sir,

I thank you for communicating to me Mr Deane's two letters. I shall transmit them to my Court. I am not at present, sending any express to the Chesapeake, but I shall probably send one as soon as I shall have received the letters, which should have been brought by the Sybil. It is still possible that the Hermione may be charged with them.

I proposed to have the honor, at the first opportunity, of conversing with you upon a circumstance, which it is desirable that Congress should alter. In the State of Massachusetts there is no Marshal of the Court of Admiralty. The custom in that State is, to put into the hands of the agent of the libellant the effects libelled, and the proceeds of their sale, if it has taken place. This practice has already been attended with great inconveniences, as it respects French merchants, and particularly as it respects a Spanish vessel, the owners of which, it is thought, have lost from twentyfive to thirty thousand pounds sterling, merely because the contested property had not been put into the hands of a responsible public officer. You will be better able, Sir, than I am, to judge by what means these inconveniences may be remedied.

I have the honor to be, &c.

LUZERNE.

ROBERT R. LIVINGSTON TO M. DE LA LUZERNE.

Office of Foreign Affairs, January 24th, 1782.

Sir,

Reflecting that our not communicating the resolutions of the 22d to you, when we send them to Dr Franklin, might appear to the Count de Vergennes to betray a want of confidence in you, which I am persuaded Congress do not entertain, I am led to consider my not having received instructions to communicate them as a mere accidental omission, and accordingly take upon me to enclose a copy of them. You will, I presume, put them in cypher before they are sent off. To give you leisure to do it, I have not sent them to your house, but have ordered my servant to find you at the Assembly.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, January 25th, 1782.

Sir,

I have the honor of sending back the resolution of Congress of the 22d instant, and of thanking you for this communication. The letters which I have had to write to France, in answer to those which I received by the Sibyl, being now finished, I shall have the honor of communicating to you, before the end of the week, the news which I have received.

I have the honor to be, &c.

LUZERNE.

TO THE PRESIDENT OF CONGRESS.

Translation.

Philadelphia, January 28th, 1782.

Sir,

The undersigned, Minister Plenipotentiary of France to the United States, has the honor of informing Congress that a great part of the loan of ten millions of livres tournois, opened in Holland on account of the United States, was taken up in October last, and that the interest on it has been fixed at 4 per centum. It is now proper that Congress should be pleased to send to Mr Franklin, the instructions and the authority necessary for performing the acts required to bind the United States, in their engagements with his Majesty on account of this loan, as well as of the interest and expenses which it has occasioned. The undersigned has informed the Superintendent of the Finances, that after deducting the money advanced by his Majesty for this loan, there would remain about four millions of livres, at the disposal of the United States when the loan is entirely taken up.

LUZERNE.

THE SECRETARY OF FOREIGN AFFAIRS TO THE PRESIDENT OF CONGRESS.

Philadelphia, January 29th, 1782.

Sir,

The Minister of France informed me, that he was desirous of making some communications from letters received by the Sibyl. Ten o'clock this day was appointed to receive them. He accordingly came, and read to me passages of a letter of Count de Vergennes to him, dated October 17th, 1781, which contained in substance,

That France wished (as was evident, from her going into the war on our account) to obtain every advantage for us. That powers at war must often be governed by circumstances. That if events would enable her to command them, we might depend on everything she could obtain. That her political system depended not only on America, but on the other powers at war. That if France should continue hostilities merely on account of America, after reasonable terms were offered, it was impossible to say what the event might be. That his Majesty was, however, at all events, determined to adhere to the true principles of the alliance, and would farther endeavor to obtain for us whatever we demanded, as far as events would justify.

He observed, that people in America appeared to be greatly deceived with respect to the disposition of the belligerent and mediating powers, and to imagine that all were anxious for a peace; that this was so far from being the case, that Great Britain had not yet returned any answer to the overtures of the Imperial Courts, nor had any reply been made by the latter to the answer given them by France, from which delay it might be easily imagined peace was far distant. That from the present situation of Spain, there was strong reason to suppose she could not spare us any money, her own operations requiring all she had. That he hoped France would not be called upon to make up her deficiencies, as they were in no situation to make new grants. Besides, that in order to rid us of our embarrassments, they had already made efforts in our behalf, which they had reason to believe exceeded our expectations, and that what they had done for America this year, entitled them to an exemption from further demands.

In a letter of October 20th, 1781, from the Count de Vergennes to the Minister of France, it is observed, that the United Provinces would not embarrass themselves at present by an alliance with us; that in this they will follow the example of Spain; that, however, it will be prudent to keep an agent in Holland, and direct him to advise constantly with Dr Franklin, that we may observe some consistency in our politics. That he fears America founds hopes on the aid of Russia; that nothing can be more groundless; that though he believes she is not averse to the independence of America, yet we ought not to expect that she will move a step in our favor; that she has no particular interest in terminating the war; that as she means to assume the character of a mediator, she must preserve that of justice and impartiality; that nothing, therefore, can extort from her measures that are favorable to us, but a conviction, that we cannot be brought back to the dominion of Great Britain. That this should lead us to think (a sentiment which he desires the Minister to inculcate) that our success depends upon our exertions, and upon our relinquishing the inactivity into which false hopes, excited by success, do sometimes plunge us.

He repeated, that France could lend us no more money; that the ten millions borrowed upon our account in Holland, were greatly sunk by advances made in France; that no bills would be paid in France, which the Minister did not authorise us to draw; that he hoped our officers would have too much prudence to risk the credit of the United States by drawing; that the negotiations are still inactive, and will remain so, till events oblige one or other of the parties to sue for peace. That the success of the expedition against Portsmouth (that being the supposed post of Cornwallis) might possibly have some effect. That the great object of England is America; that she will not cede it while she can carry on the war; that she will certainly make great exertions the ensuing campaign; that equal exertions are therefore necessary on our part. That Spain and Holland view America as the great obstacle to a peace, from which consequences may flow, which people of judgment may easily foresee.

ROBERT R. LIVINGSTON.

COUNT DE VERGENNES TO ROBERT R. LIVINGSTON.

Translation.

Versailles, January 31st, 1782.

I have received, Sir, the letter with which you honored me on the 20th of October of last year. I heard of your appointment as Minister of Foreign Affairs of the United States, with the greater pleasure, as I already knew the extent of your knowledge and your zeal for the interests and the glory of your country.

I am convinced, Sir, that it will be the dearest object of your cares and labors to support the cause for which the United States are contending, and to maintain the principles, which serve as the basis of the union between them and his Majesty. Be assured, Sir, that I shall omit nothing that lies in my power, effectually to second your good intentions. My confidence in your zeal and patriotism is equal to the sentiments of respect, with which I have the honor to be, Sir,

Your most obedient and humble servant,

DE VERGENNES.

TO ROBERT R. LIVINGSTON.

Translation.

Philadelphia, February 1st, 1782.

Sir,

I have received the letter, with which you honored me on the 31st ultimo, and the affidavit enclosed in it. I have the honor of sending it back to you, and I also annex a letter for the commanding officer of the Island of St Domingo. It will be necessary, that Mr William Marshall should be charged to prosecute this affair himself.

I have the honor to be, &c.

LUZERNE.

Instructions to Dr Franklin.

In Congress, February 5th, 1782.

On the Report of the Secretary of Foreign Affairs, to whom was referred the note (dated January 28) from the Minister of France,

Resolved, That the following powers and instructions be given to the Minister Plenipotentiary of the United States of America at the Court of Versailles.

Whereas, the Minister of his Most Christian Majesty has informed the United States in Congress assembled, that the loan of ten millions of livres tournois, opened in Holland on account of these United States, was in a great measure completed in October last, and requested in consequence thereof, that full powers might be expedited to bind these United States to discharge the principal and interest of the said loan, agreeably to the terms thereof, with such expenses as might have accrued in making such loan; you are, therefore, hereby authorised, directed, and empowered, to enter into such engagements with his Most Christian Majesty, with the States General of the United Provinces, with any particular State or Province, or with any man or body of men whatsoever, with whom you may find it necessary to enter into engagements, for the purpose of binding these United States to discharge the said loan, with interest, agreeably to the terms thereof; and also for the repayment of such expenses as have arisen, or may arise by reason of the said loan. And the said United States of America do hereby pledge their faith to confirm what you shall execute in pursuance of the above power.

JOHN HANSON, President.

RESOLVES OF CONGRESS RESPECTING THE COMMUNICATIONS MADE BY THE MINISTER OF FRANCE.

In Congress, February 8th, 1782.

On the Report of the Secretary of Foreign Affairs, to whom was referred the communication made to him by the Minister of France, (November 23d) containing, among other things, an opinion of Count de Vergennes, that his Catholic Majesty will not have it in his power to advance any money to the United States; and expressing in strong terms the Count's hopes, that the United States will not imagine that France should make up the sums they expected from Spain, after the assistance they have already derived from France;

Resolved, That Congress are fully sensible of the frequent, friendly and generous interposition of his Most Christian Majesty in their behalf, and are led from thence to hope a continuation of his assistance, since nothing has been wanting on their part, so to apply the aid he generously affords, as to distress the common enemy, and lead to the great object of their alliance, a safe and honorable peace.

Resolved, That Congress cannot, without injustice to themselves and their ally, withhold from him a knowledge of their present circumstances, or neglect to mention the ruinous consequences that may attend a refusal of those aids, which as well the friendly dispositions of his Most Christian Majesty, as the success that has attended his interposition in their behalf, gave them reason to hope would be continued till the States, which have lately been ravaged by the enemy, had so far recovered their commerce and agriculture, as to be able more effectually to contribute to the general expense; and that his Majesty may be assured, that their applications for this purpose shall not exceed what may be absolutely necessary for the support of the common cause.

Resolved, That the Secretary of Foreign Affairs, consulting with the Superintendent of Finance, explain to the Minister of the United States at the Court of Versailles, the extensive advantages, which have resulted from moneys supplied by his Most Christian Majesty to these United States, and the engagements, which have been entered into with a view to render the next campaign decisive, the consequence of failing in those engagements, and the little prospect there is of fulfilling them without an additional loan or subsidy, for the year 1782, of at least twelve millions of livres tournois, in order that the said minister may present a memorial on this subject to his Most Christian Majesty, and at the same time lay before him the several resolutions lately passed by the United States in Congress assembled, which evidence their unalterable resolution to make every exertion, for a vigorous campaign, which their present situation will allow.

Resolved, That the Minister Plenipotentiary of the United States of America at the Court of Versailles be, and he is hereby instructed and empowered to borrow, on account of these United States, the sum or twelve millions of livres tournois, and to enter into engagements on the part of the United States for the repayment of the same, together with the interest, which is not to exceed the terms allowed or given on national security in Europe.