THE CORRESPONDENCE OF ROBERT R. LIVINGSTON.

ORGANIZATION OF A FOREIGN DEPARTMENT.

In Congress, January 10th, 1781.

Congress took into consideration the report of the committee appointed to consider and report a plan for the Department of Foreign Affairs, wherein they state,

That the extent and the rising power of these United States, entitle them to a place among the great potentates of Europe, while our political and commercial interests point out the propriety of cultivating with them a friendly correspondence and connexion;

That to render such an intercourse advantageous, the necessity of a competent knowledge of the interests, views, relations, and systems of those potentates, is obvious;

That a knowledge, in its nature so comprehensive, is only to be acquired by a constant attention to the state of Europe, and an unremitted application to the means of acquiring well grounded information;

That Congress are moreover called upon to maintain with our Ministers at foreign Courts a regular correspondence, and to keep them fully informed of every circumstance and event, which regards the public honor, interest and safety;

That to answer those essential purposes, the committee are of opinion, that a fixed and permanent office for the Department of Foreign Affairs ought forthwith to be established, as a remedy against the fluctuations, the delay and indecision to which the present mode of managing our foreign affairs must be exposed; whereupon,

Resolved, That an office be forthwith established for the Department of Foreign Affairs, to be kept always in the place where Congress shall reside;

That there shall be a Secretary for the despatch of business of the said office, to be styled "Secretary of Foreign Affairs;"

That it shall be the duty of the said Secretary to keep and preserve all the books and papers belonging to the Department of Foreign Affairs; to receive and report the applications of all foreigners; to correspond with the Ministers of the United States at foreign Courts, and with the Ministers of foreign powers and other persons, for the purpose of obtaining the most extensive and useful information relative to foreign affairs, to be laid before Congress when required; also to transmit such communications, as Congress shall direct, to the Ministers of the United States and others at foreign Courts, and in foreign countries; the said Secretary shall have liberty to attend Congress, that he may be better informed of the affairs of the United States, and have an opportunity of explaining his reports respecting his Department; he shall also be authorised to employ one, or, if necessary, more clerks to assist him in the business of his office; and the Secretary, as well as such clerks, shall, before the President of Congress, take an oath of fidelity to the United States, and an oath for the faithful execution of their respective trusts.

APPOINTMENT OF A SECRETARY OF FOREIGN AFFAIRS.

In Congress, August 10th, 1781.

Congress proceeded to the election of a Secretary of Foreign Affairs; and, the ballots being counted, Robert R. Livingston was elected, having been previously nominated by Mr Floyd.

TO MAJOR GENERAL NATHANIEL GREENE.

Philadelphia, October 20th, 1781.[20]

Dear Sir,

Congress having done me the honor to appoint me their Secretary of Foreign Affairs, and made it my duty to collect and transmit such intelligence as may be useful to our Ministers, I take the liberty to open a correspondence with you. From the past, I have reason to hope, that your future operations will furnish the most agreeable and useful information at foreign Courts; for nothing is more incontrovertibly true, than that splendid victories and a wise Administration at home, are the best negotiators abroad.

Give me leave, Sir, to congratulate you upon your success. We have reason to hope, that it will be attended with the most important consequences, more especially, if as we may expect, the Commander in Chief should be enabled to make a considerable addition to the brave corps you command.

The enemy have sailed from New York with twentysix ships of the line, including three of fifty guns, having on board their ships of war five thousand land forces, in order to attempt the relief of Cornwallis. For that, happily, they are too late; but as sympathising friends afford consolation to the distressed, he may possibly derive some comfort from their sharing, at least in part, his fate.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

FOOTNOTES:

TO GOVERNOR GEORGE CLINTON OF NEW YORK.

Philadelphia, October 22d, 1781.

Dear Sir,

Give me leave to congratulate your Excellency, and through you the Legislature of our State, on the success of our arms at the southward. Cornwallis surrendered his army on the 17th of October. Count de Grasse was employed on the 18th in taking his marines on board, which I hope, by the blessing of Heaven, will be the prelude to a second victory.

My removal being far from having in any manner lessened my attachment to New York, I shall be anxious to hear that the present attempt of the enemy upon our frontiers, has only added to their disgrace, and enabled my countrymen to increase the reputation they have so justly acquired. Your Excellency will do me the honor to give me the earliest intelligence of the movements of the enemy.

I am, Sir, with the greatest respect and esteem, &c.

ROBERT R. LIVINGSTON.

TO THE PRESIDENT OF CONGRESS.

Philadelphia, October 29th, 1781.

Sir,

The business of the department in which Congress have been pleased to place me, rendering it necessary to have recourse to the Secret Journals, and other books and papers in the possession of their Secretary, I take the liberty to request them by their order, to enable Mr Thomson to admit me to examine, and copy from such books of a secret nature in his possession, as may in anywise relate to the department of Foreign Affairs.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

CIRCULAR TO THE GOVERNORS OF THE STATES.

Philadelphia, November 12th, 1781.

Sir,

Congress some time since, called upon the different States to make returns of the damage done by the enemy within each of them, by the wanton destruction of property, and no measures, that I can learn, have as yet been taken to ascertain such damage, though as your Excellency will easily conceive, it may become an important object of inquiry, whenever a treaty shall be set on foot for a general pacification, or be made to answer valuable purposes during the war, by showing our enemies in their true light to the nations of Europe.

In this view, I think it my duty to endeavor to collect them, and you will, Sir, I am persuaded, take the necessary measures to send as soon as possible, returns from the State over which you preside. I could wish to have the damages, (particularly that to real property,) ascertained by the affidavits of people of known characters, and duplicate copies of such affidavits transmitted to my officers, under the great seal of your State, and, if possible, accompanied with a short recital of each transaction, so that it may at once appear, whether the injuries were such as the laws of war justified, or whether they originated only in the malice and cruelty of the enemy.

Your Excellency will oblige me, and serve the public, by transmitting to me accounts of every occurrence, in which the United States are materially interested, which may arise within your government, or which you may derive from your correspondents abroad.

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

ROBERT R. LIVINGSTON.

TO THE PRESIDENT OF CONGRESS.

Philadelphia, November 18th, 1781.

Sir,

The subject mentioned in the letters of Mr Adams, and their enclosures, requiring their express direction, I humbly submit to the consideration of Congress.

In Dr Franklin's letter of the 6th of August to Mr Adams, he informs him, "that he cannot depend on receiving any more money in France applicable to the support of the Ministers of Congress, and that what aids are thereafter granted, will probably be transmitted by the government directly to America." Congress need no arguments to convince them of the disgrace and danger of permitting their most confidential servants to be necessitous in a foreign country.

I will with their approbation, concert with the Superintendent of Finance, the means of supplying our Ministers, Agents, and Secretaries. But to facilitate these means, and convince the powers to whom we are indebted for money, that we know the value of their aids, I would humbly submit to Congress the propriety of practising the strictest economy, as far as it may be consistent with their honor, and the justice due to those they employ. That Congress may determine the more readily whether their establishment will admit of any reduction, or devise the most effectual means of defraying the expense of it, I take the liberty to lay before them the annual amount of the salaries of their servants now abroad.

If I am well informed, it is usual to distinguish the allowances to Ministers by the expenses of the country in which they live, and the character they are obliged to support. Such a rule would be productive of great saving to us, whose policy it is to have agents without any acknowledged public characters, at Courts which refuse to receive our Ministers. How far so important a station as that of Secretary to an Embassy might be supplied by private secretaries with moderate salaries, at least till the existence of the Embassy was acknowledged, must be submitted to the wisdom of Congress. Certain it is, that foreigners who may not be acquainted with the dignified characters of those we employ abroad as secretaries, will be surprised to find their emoluments equal, if not exceeding those allowed by the richest potentates in Europe, and that too, when the great object of the mission is to represent our wants, and solicit supplies for civil and military establishments at home.

Perhaps, too, from the ground on which the successful issue of this campaign has placed us, Congress may see it improper to solicit Courts, who are so little disposed to serve us as those of Petersburg and Lisbon, or to expend additional sums of money on agencies to Russia or Portugal.

Another part of the despatches referred to me, are those that relate to John Temple, to which Congress alone are competent to give directions. The reports currently circulated in England relative to his first mission, his coming by way of New York, his return to England, his abode there, his present visit to America, render him an object of attention, not only to the people of this country, but to those of Europe, and give weight to those suspicions of attachment to England, which, as it is her policy to keep up, it should be ours on every occasion to discourage. Congress will judge how far it is proper to suggest any measures to the State of Massachusetts. I take the liberty to submit to them, whether at least it would not be expedient to adopt such resolutions as would leave the Executive of that State uninfluenced in their conduct towards him, by his being the bearer of public despatches. Congress will observe, that I have no personal acquaintance with Mr Temple, nor any knowledge of facts, which would lead me to suspect his principles, other than the matters, which are above stated and publicly known.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO THE PRESIDENT OF CONGRESS.

Philadelphia, November 25th, 1781.

Sir,

I enclose to Congress the heads of the communication, which I had the honor to make to them on the 23d, as far as I could obtain permission from the Minister of France to reduce them to writing. There is but one omission, the reason of which was assigned at the time I made the verbal communication. I also enclose an extract of a letter from the Count de Vergennes to the Minister of France, as translated and communicated to me by him, which I have thought it necessary to submit to the perusal of the Superintendent of Finance.

I am at a loss to judge whether Congress intended in their reference of General Duportail's letter, that I should report to them, or write to Dr Franklin on the subject myself; supposing the latter to have been the case, I have accordingly written; but lest I may have been mistaken, I submit my letter to their inspection, and if it is not conformable to their intentions, I beg to be honored with their further direction.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

GENERAL GREENE TO ROBERT R. LIVINGSTON.

Camp Round O, South Carolina,

December 13th, 1781.

Dear Sir,

Your favor of the 22d of October came to hand a day or two since.

I shall be happy to communicate anything from this quarter, that may be useful to you, or to our affairs abroad, and I have the pleasure to inform you, that we have complete possession of all the Southern States, Charleston and Savannah excepted.

Civil government is established in Georgia, and the Assembly of South Carolina will set the 1st of next month, at Camden. We are making preparations for the siege of Charleston, and are not altogether without hopes of obliging the enemy to abandon the place, even if our good ally should not be able to co-operate with us. The tyrant of Syracuse was never more odious than the British army in this country. Even the slaves rejoice, and feel a kind of freedom from oppression, in the return of their masters.

I beg leave to congratulate you upon our late glorious success in Virginia, and upon your own appointment of Minister of Foreign Affairs.

I have the honor to be, &c.

NATHANIEL GREENE.

TO THE PRESIDENT OF CONGRESS.

Philadelphia, January 18th, 1782.

Sir,

I do myself the honor to submit to the inspection of the United States, in Congress, an affidavit made by Mr Marshall on the subject of Mr Deane's letters, and have directed copies of the letters and affidavit to be made out for the Minister of his Most Christian Majesty, and the Superintendent of Finance. Measures have long since been taken to put our Ministers upon their guard against Mr Deane. I shall add to them, as opportunities offer, the new proofs which these letters furnish of his defection. Copies will also be sent to the Governor of Connecticut, unless the Representatives of that State, in Congress, who propose to make them the ground of judicial proceedings, should prefer taking copies to be examined and compared with the original, by a person who could prove such examination, or to authenticate them in any other way, which will ensure their being received as evidence conformably to the practice of their Courts.

I had proposed to mention them in my correspondence with the first Magistrates of the respective States, as affording proofs of the distant prospect of peace, and the necessity of relying only upon our own exertions to procure it, but am deterred from this measure, by the weight which it might possibly give to Mr Deane's ill founded assertions.

I shall endeavor to conform to the views of the United States, in any further direction with which they may please to honor me.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO GOVERNOR JONATHAN TRUMBULL OF CONNECTICUT.

Philadelphia, January 22d, 1782.

Sir,

I do myself the honor to enclose certified copies of two letters from Silas Deane, which serve in some measure to authenticate those that have been published in his name, and strongly mark such a change in his sentiments and principles as is worthy of the attention of the State of which he is a citizen. The originals are lodged in this office, to which your Excellency may at any time apply, if such copies should be required, as would amount to legal evidence; I have also enclosed a copy of an affidavit of Mr Marshall to prove the identity of the letters, and his having received them from Silas Deane.

I some time since did myself the honor to write to you, relative to the damage done by the enemy in your State, to that letter I have not been as yet favored with an answer. Your Excellency will easily see the propriety of keeping up a correspondence with this office, since there are so many inferior objects, which escape the general attention of Congress, which it may be extremely useful to detail in our negotiations. Such, for instance, as an authentic account of the cruelties committed by the British at New Haven. Nor is it of less moment to be minutely informed by every State of the resources for carrying on the war, the means used to call out those resources, the temper and disposition of the people with respect to them. With a view of obtaining these from you at your leisure, I have taken the liberty to open this correspondence with your Excellency. I persuade myself you will not put the trouble it may give you in competition with the slightest advantage, that our country may obtain from it. I shall in return give you from time to time, such European news as we may receive here, which I conceive will contribute either to your amusement or the advantage of your State.

And as I have nothing positive at present, let me inform you, what I would wish every State to know, that we have not as yet any intelligence, that leads to a speedy peace, so that we have every reason to expect another campaign, and a campaign too, that will call for our greatest exertions.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO THE PRESIDENT OF CONGRESS.

Philadelphia, January 25th, 1782.

Sir,

In the first organization of a new Department, some things are frequently omitted, which experience will show ought to be inserted, and many inserted which might be omitted; it becomes the duty of those, who are placed at the head of such Departments, to mention the difficulties that may arise from these causes, and leave it to the wisdom of Congress to alter them, or to judge whether they can be changed without introducing greater inconveniences. Upon this principle, Sir, I am induced to offer the following observations.

The Secretary of Foreign Affairs is to correspond with the Ministers of the United States at foreign Courts, and with the Ministers of foreign powers. This correspondence must necessarily detail such sentiments as the sovereign wishes to have known, and lead to such inquiries as they choose to make. An intimate knowledge of their sentiments is, therefore, absolutely necessary to a discharge of this duty; and we accordingly find, that the Minister of Foreign Affairs is, in monarchical governments, considered as the most confidential servant of the Crown. In Republics, it is much more difficult to execute this task, as the sentiments of the sovereign sometimes change with the members, which compose the sovereignty. It is more frequently unknown, because no occasion offers, on which to call it forth. It is never perfectly expressed but by some public act. Waiting for this time, the advantages of embracing a favorable opportunity are frequency lost. There are numberless minutiæ, upon which no act is formed, and about which, notwithstanding their sentiments should be known to their Ministers, there are even occasions, in which their Secretary should speak a sentiment, which it would be improper for them to declare by a public act.

Congress, sensible of the inconveniency, that the officer intrusted with the management of their foreign affairs must labor under in the execution of his duty, without a more perfect knowledge of their sentiments, than can be obtained from their public acts, have been pleased to admit him to attend Congress, that (as the ordinance expresses it,) he may be better informed of the affairs of the United States, and have an opportunity of explaining his reports respecting his Department; but here it stops short, and does not say in what manner he is to gain the sentiments of Congress, when he does himself the honor to attend upon them. It is true they may in part be collected from an attention to the debates, but it often so happens, that the debate does not take the turn that he would wish, in order to satisfy a doubt, and he goes away, after hearing a subject largely discussed, ignorant of the only point upon which he wishes to be informed, when perhaps by a single question, his doubt might be removed, or by a word of information, which he has the best means of acquiring, a debate might be shortened.

It is true the power of explaining his reports given by the ordinance, seems to imply a permission to offer his sentiments when they are under consideration, but as I do not wish to assume a liberty which is not expressly given, I must beg the sentiments of Congress on this subject. The ordinance is also deficient, in not affording a power to the Secretary of Foreign Affairs to take order upon the application either of foreigners, or subjects, relative to matters not of sufficient moment to engage the attention of Congress; as for instance, applications for aid in procuring the release of an American, taken under particular circumstances in English ships, and confined in the French West Indies or elsewhere; claims upon prizes carried into the French Islands, &c., which cases occur every day, and are attended with long memorials, which would take up much of the time and attention of Congress.

As I have hitherto taken the liberty to transact business of this kind with the Minister of his Most Christian Majesty, and the Governors or Generals of the French Islands, I wish to be justified in so doing by the orders of Congress. As a check upon myself, I keep a book, though it is attended with much labor, in which all such applications, and the steps taken in consequence thereof, are inserted at length.

The organization of this office will, too, I presume, render some alteration necessary in matters of form and ceremony as heretofore settled by Congress in conformity to the practice of other nations, and to enable us to avail ourselves of the advantages they sometimes afford in creating useful delays, and concealing for political reasons the views of the sovereign.

Congress having vested me with the power of appointing clerks, I have appointed two gentlemen, in whose integrity and abilities I can confide. These are barely sufficient to do the running business of the office, which is much greater than I imagined it would be, five copies, besides the draft being necessary for every foreign letter or paper transmitted. To copy all the letters, which have hitherto been received, with the Secret Journals and other extracts from the books and files of Congress, though absolutely necessary, both for order and security, will be impossible, without further aid for at least one year. Congress have not, indeed, limited the number I may employ, nor have they fixed their salaries, upon both of which I could wish for their direction. An interpreter is so necessary, both for this Department and the Admiralty, that I cannot but recommend to Congress the appointment of one, from whom, if a man in whom I could confide, I might receive assistance as a Secretary when hurried with business.

It may possibly be expected, Sir, that I should close this long letter by a report on the matters it contains, but as it is a delicate subject to point out a mode for extending my own powers, I only beg leave to recommend the enclosed resolve.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO MAJOR GENERAL GREENE.

Office of Foreign Affairs, Philadelphia,

January 31st, 1782.

Dear Sir,

I was this day favored with yours of the 13th ultimo. I need not tell you, that the intelligence it conveyed, and the spirit in which it was written, afforded me the most sensible pleasure. The idea it holds forth of an attempt upon Charleston, and the prospect of success in it, is one that we dare not indulge here, more especially as troops have sailed from New York, and as we presume to Charleston, but you have taught us rather to measure your success by your genius than by your means.

I wish it were in my power to tell you, that our accounts from Europe were proportionate to our expectations. The combined fleets, as you know, have returned and separated, without having effected anything. The British are again masters of the ocean. Gibraltar is a rock, on which all the exertions of Spain seem to split, and the siege of fort St Philip seems to be carried on in the most energetic manner. We have no prospect of forming an alliance, either with Spain or Holland, who both appear to sigh for peace. Our loan on the guarantee of France with the last, is nearly completed. But what is not a little unsatisfactory, it is also nearly expended by advances, which France has made us on the credit of it. From Spain we are likely to get nothing.

The negotiations for a peace are entirely, at a stand; the mediating powers have no interest in wishing it, and the belligerent nations are neither of them sufficiently weakened to request their interposition. The Count de Vergennes assures us, that Britain will still make the most vigorous exertions. I mention these circumstances not only for your information, but that you may make the proper use of them in animating the exertions of the Southern States. It is the misfortune of America to presume too much upon each dawning of success, and to believe that peace must tread upon the heels of every little advantage, instead of being taught by her own struggles and difficulties, that every nation has resources, that surpass the expectations of its enemies.

Would to God that you could be enabled, by the animated efforts of the Southern States, to expel the enemy from them without the aid of our allies. This would re-establish our character for activity in Europe, where I am sorry to say, it has for some time past been upon the decline, and I do sincerely believe, that co-operating with the brilliant successes of the last fall, it would incline the enemy to peace, without which I have no expectations of it. But I fear this is rather to be wished for than expected.

Domestic news we have none, but what Colonel Ternant will give, or you may collect from the enclosed papers.

If anything turns up worth your notice, you shall hear from me. I flatter myself that you will think with me, that our distance is too great to wait for the ceremony of answer and reply, and favor me with a line as occasion offers.

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

ROBERT R. LIVINGSTON.

CIRCULAR LETTER TO THE GOVERNORS OF THE STATES.

Philadelphia, February 18th, 1782.

Sir,

I do myself the honor to transmit to your Excellency several resolutions of Congress, which having a reference to the Department of Foreign Affairs, are in course to go through this office. The necessity of carrying them into effect is too obvious to need observations.

While we hold an intercourse with civilised nations, we must conform to laws, which humanity has established, and which custom has consecrated among them. On this the rights, which the United States or their citizens may claim in foreign countries must be founded.

One of the resolutions passed Congress in consequence of a convention about to be concluded between his Most Christian Majesty and the United States of America, which affords an additional reason for paying it the earliest attention. Your Excellency and the Legislature will see the propriety of rendering the laws on these subjects as simple, and the execution of them as expeditious, as possible, since foreigners, who are the great object of them, are easily disgusted at complex systems, which they find a difficulty in understanding, and the honor and peace of a nation are frequently as much wounded by a delay as by a denial of justice.

Another resolution relates to your boundaries, and is designed as one means of ascertaining the territorial rights of the United States collectively, which can only be accurately known by each State's exhibiting its claims, and the evidence on which they found them. Your Excellency will therefore be pleased to direct, authentic copies from your records of all grants, charters, maps, treaties with the natives, and other evidences, to be transmitted to this office, as soon as you can conveniently collect them. I could wish, that the copies might be proved, by having the great seal of your State annexed.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO GOVERNOR RUTLEGE OF SOUTH CAROLINA.

Office of Foreign Affairs, Philadelphia,

February 19th, 1782.

Dear Sir,

I wish to avail myself of the opportunity Colonel Ternant affords me, to convey the agreeable intelligence contained in the enclosed letter from Mr Harrison, our agent at Cadiz. Many other objects present themselves, on which I would write could I do it without detaining Colonel Ternant, who only waits for this.

I propose to have the honor of writing more at large by the next safe conveyance. In the meanwhile, I should consider it as a favor, which might be rendered useful to the public, as well as agreeable to me, if your Excellency would open a correspondence with this office, in which an exact state of affairs in the government, over which you preside ought to be detailed, which could not fail to have some influence in the direction of our foreign affairs.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

CIRCULAR LETTER TO THE GOVERNORS OF THE STATES.

Philadelphia, February 19th, 1782.

Sir,

Where a Government is composed of independent States, united not by the power of a sovereign but by their common interest, the Executive Departments form a centre of communication between each State and their Chief Council, and are so far links of the chain, which should bind them together, as they render to each similar views of great national objects, and introduce uniformity in their measures for the establishment of general interests. A mistaken idea of our own importance to other nations, of their attachment to us, and of the weakness of our common enemy, having lulled us into a very imprudent security, I beg leave to state to your Excellency the information last received from Europe. Our success in this important war, under the favor of Heaven, must be built upon the weakness of our enemy, the strength and perseverance of her foes in Europe, and our own exertions.

It is an undeniable fact, that Britain has not, in the course of the last campaign, gained any advantage of her enemies, but, on the contrary, has seen their fleets ride triumphant in the seas, she proudly called her own, and an army, in which she placed her fondest hopes, made captive. But, on the other hand, we are compelled to admit, that she has met with no such reverse of fortune as materially to debilitate her, or weaken her resources for another campaign. Her trade has, for the most part, returned in safety. Her fleets have blocked up those of the Dutch, and, upon the separation of the combined fleets, recovered the superiority in the European seas. The army taken in America is only so far decidedly ruinous to her affairs here, as we know how to avail ourselves of the advantage it affords.

That her pride is not humbled, that she did not wish for peace prior to this advantage, is obvious, 1st. From her refusing to make a separate treaty with the Dutch, who, under the mediation of the Empress of Russia, seemed anxiously to wish it; 2dly. From her neglect to notice the last proposals of the mediating powers, which yet remain unanswered; so that if any alteration is made in their sentiments oh this subject, they must originate in their ill success in America, for in every other quarter their defensive war seems to have been supported with advantage. How far this will operate admits of a doubt, which prudence directs us not to rely upon. Money, the great support of modern wars, has been raised with more facility in England, than in any country in the world; and we find the minority last year censuring Lord North for giving the advantage of lending to his friends. Their losses may indeed render subscriptions more expensive to the public; but there is no well grounded room to suppose they will not fill up; and still less reason to believe, if the means for carrying on the war are attainable, that the vindictive spirit of the King and his ministry, and the overweening pride of the nation, will soon yield to make a peace, which involves their disgrace and humiliation. But as strength or weakness are mere comparative terms, we can form no judgment of the measures of Britain but by attending to the force and disposition of her enemies.

The United Provinces were evidently dragged into the war, and have prosecuted it as if they momentarily expected a peace. The Colonies in the West Indies have been taken, without being in a state to make the smallest resistance, and the active interposition of France alone saved those in the East from sharing the same fate. Our last letters from Holland place the distress of their commerce in a strong point of view. They are unhappily rent by parties, which clog the wheels of government; though it is said the party opposed to England are the most numerous and growing in strength, so that at some future day we may reasonably hope they will assume the entire ascendency; yet we can build very little on this, till the close of another year. This much is certain, they are not yet allied to us, nor have they given us reason to believe, that they intend to be so. They wish for peace, and will take no measures that can obstruct it. They have lent us no money, nor are they likely to do it; from whence we may presume, either that they doubt our success, or do not much interest themselves in it.

Our expectations from Spain are scarcely more flattering. Some little aids of money have been received after long solicitation, hardly so much as paid the expense of soliciting. We have reason to suppose that no more will be granted. They are still cold with regard to our alliance; nothing but brilliant success can bring it to a conclusion. Nor have we the smallest reason to expect any pecuniary aid from her, even if she should confederate with us in time to be of use for the next campaign. She has at this moment very many and very expensive operations on hand; and, till she has allied herself to us, we have no certainty that she will choose to continue the war for the attainment of our independence, if Britain should be sufficiently humbled to sacrifice to her the objects which led her into the war.

To France, then, we turn, as the only enemy of Great Britain, who is at the same time our ally, who will persevere in the war for the attainment of our independence. She has already done so much for us, in order to afford us the means of doing something for ourselves, that she may reasonably hope to find the effects of her benevolence. Her fleets have protected our coasts, her armies have fought our battles; she has made various efforts to restore our finances, by paying the interest of our loans, by obtaining credit in Europe on our account for clothing, arms, and necessaries; by advancing money, and by opening and guaranteeing a loan for us, to a considerable amount in Holland, when, by the abolition of paper, our finances were totally deranged. These sums are nearly expended, and another campaign is about to be opened. France assures, that it is not in her power to make us any further grants of money, her ministers repeat this to us in every letter, in a tone that persuades us of their determination on that point.

What then is to be done? Are we to relinquish the hopes, which the present debility of the enemy affords us of expelling them by one decided effort, and compensating all our losses by the enjoyment of an active commerce? Are we to return to the wretched, oppressive system we have quitted? Are we to carry on a weak defensive war with an unpaid army, whose precarious subsistence must depend upon what can be torn by violence from the industrious husbandman? Shall we vainly, and I think disgracefully, supplicate all the powers of Europe for those means, which we have in our own hands, if we dare call them forth, and which, after all, must be called forth if we continue the war, (and upon that subject there can be no doubt, till the end for which we took up arms is attained.) The only question is, whether each State shall fairly and regularly contribute its quota, or whether that which happens to be the seat of war shall (as has too often been the case) bear the whole burden, and suffer more from the necessities of our own troops, than the ravages of the enemy. Whether we shall drive the enemy from their posts with a strong body of regular troops, or whether we shall permit them to extend their devastations, while, with our battalions and fluctuating corps of militia, we protract a weak defensive war, till our allies are discouraged, and some unfavorable change takes place in the system of Europe.

Your Excellency, I am persuaded, will pardon the freedom with which I write. You see the necessity which dictates my letter, and were it in my power to communicate all that our friends in Europe think of our inactivity, I am persuaded you would urge your State to exertion in much stronger terms than I dare venture to use.

When Congress call upon a State for supplies, they are usually answered by pleas of disability, urged, too, by the State with good faith, and a firm persuasion that they speak their real situation, a recurrence to facts, that have passed under their own observation, will convince them that they are deceived.

From the time that the depreciation of the Continental bills of credit began, till they were no longer current, the States that received them paid a tax equal to all the expenditures of the army, and a very considerable one beyond it; for if we suppose ten millions of dollars, in specie, a year, to be necessary for their support, then the expense, till the close of the campaign of 1779, must have amounted to upwards of fifty millions, exclusive of the supplies from Europe; and yet, in March, 1780, the whole national debt contracted in America did not, in fact, amount to five millions; so that forty five millions were paid by the United States in those five years of the war, when they had the least commerce and agriculture, and when they were most distressed by the enemy; and this tax, too, was the most unjust and partial that can be conceived, unless we except that, by which we have since raised much more from the people, without giving so much to the public; I mean the laws for impressing, &c., which placed the greatest burden of the war upon the shoulders of a particular order of men in particular States only.

Now surely, if by partial and unjust measures, for which necessity alone can plead, we have been able to draw from every State, a tax more than equal to the present demand, no State can say, that it cannot afford its proportion of a more equitable tax. Those who have hitherto borne the weight of the war, must warmly espouse a measure, which is so greatly calculated for their relief. Those who have hitherto been eased from the burden, must be more able to take it up at this time, when they have the most promising expectation of relinquishing it soon.

It is certain, that if we put ourselves in a state to take advantage of circumstances early in the ensuing spring, we have the best grounded reason to hope, that a few months will remove the war from our doors. Whereas if we delay to enable Congress to say to their allies, "we are ready for an effectual co-operation with any force you may send," they will turn their attention to other objects, and leave us to lament in vain the opportunities we have lost. Every motive then, national honor, national interest, public economy, private ease, and that love of freedom, which pervades every Legislature on the Continent, call loudly not only for a compliance with the requisitions of Congress, but for so early a compliance as to render it effectual.

It is true we are at present in such a situation as to have no apprehensions for the final establishment of our independence; but surely it is a matter of some moment to us, whether we shall obtain it, or at least be freed from the ravages of the enemy and the burden of the war in the course of six months at the expense of eight millions of dollars, or whether we shall wait for it till a general and perhaps a distant peace, and be subject in the meanwhile to infinitely more expense, and all the distress that attends a country which is the seat of war.

But, Sir, it is time to dismiss a subject, which wants no arguments to illustrate it. I am confident that you will use every means to convince the State over which you preside, of the danger which will result from relying more upon the weakness of the enemy than their own strength, more upon the aid of their allies than their own exertions, more upon unjust, partial, hazardous, and expensive expedients, than upon an equal and regular support of the measures, which Congress, upon the most mature deliberation have recommended to their attention.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO THE PRESIDENT OF CONGRESS.

Office of Foreign Affairs, February 21st, 1782.

Sir,

I do myself the honor to lay before Congress the enclosed note from the Minister of France, a letter from the Marquis de Bouillé with translations of both, and the proceedings of the Council of Assembly of Dominique; all of which relate to the case of the ship Resolution's cargo, part of which was adjudged lawful prize by the sentence of the Court of Appeals; and the case of the brigantine Eeirsten and her cargo, which was also adjudged lawful prize by the said Court.[21]

The case of the ship Resolution, as far as I have been able to learn, was simply this, she was a Dutch vessel, freighted on account of capitulants at Dominique, and bound for Holland, agreeably to the seventh Article of the capitulation. She was taken by a British ship, retaken by one of our privateers, and condemned by the Court of Admiralty of this State, whose decree was reversed and the ship and cargo acquitted, except a small part of the latter, on the principle of its not being the property of capitulants, and because, as was alleged, it was not protected by the ordinances of Congress, approving the principles of the armed neutrality, Great Britain and Holland being at open war; from whence it was inferred by the Court, that the Dutch vessel could not be considered as sufficiently neutral to protect the property of an enemy. The papers referred to in the memorial of the Minister of France serve to show, that the whole cargo belonged to capitulants.

The other vessel, the Eeirsten, was purchased in London by a company of Imperial subjects residing at Ostend, freighted in England with British property for the use of the capitulants at Dominique. The vessel sailed from London, and on her way to Dominique touched at the port of Ostend, for the purpose of converting her English papers into German. In the passage from Ostend to Dominique, this brigantine was taken by an American privateer, carried into Boston and acquitted, with her cargo; but the Judges of Appeals have condemned as lawful prize, both vessel and cargo. They consider the cargo as unprotected by the capitulation of Dominique. They consider the vessel as carrying on a trade advantageous to the enemy, in contravention to the seventeenth Article of the capitulation; that she forfeited the right of neutrality by not showing an exact impartiality to the belligerent powers; and because she had false and colorable papers on board, with a view to give the cargo the appearance of neutral property. They allow, that a vessel under their circumstances is to be considered as an enemy's, and that by the law of nations, they should be subject to seizure and confiscation. They consider the cargo as unprotected by the laws of Congress, because (as they affirm) this vessel cannot be thought to be strictly neutral, that Congress meant to pay a regard to right of neutrality, that the right of neutrality only extends protection to the effects and goods of an enemy in neutral bottoms, not engaged in the violation of this right. I have sent the seventh and seventeenth Articles of the capitulation for the information of Congress.

From this statement Congress will judge of the expediency of directing a rehearing in both cases. In the first, it seems to be dictated by a regard for justice upon the new proofs. And in the second, the reasoning, which determined the Court, does not appear to be so conclusive as to render it improper in so intricate a case, more particularly as our situation with respect to the Emperor is peculiarly delicate; from which consideration, as well as from the respect which is due to the representation of the Minister of his Most Christian Majesty, I am humbly of opinion that a rehearing ought to be granted, and that in the meanwhile the officers of the Court should be directed to retain in their hands the proceeds of the vessel and cargo.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

FOOTNOTES:

REGULATIONS FOR THE DEPARTMENT OF FOREIGN AFFAIRS.

In Congress, February 22d, 1782.

On the report of a committee, consisting of Mr Ellery, Mr Randolph, and Mr Eveleigh, to whom was referred a letter of the 25th of January, from the Secretary of Foreign Affairs respecting his department,

Resolved, that the Department of Foreign Affairs be under the direction of such officer as the United States, in Congress assembled, have already for that purpose appointed, or shall hereafter appoint, who shall be styled, "Secretary to the United States of America for the Department of Foreign Affairs," shall reside where Congress, or the Committee of the States, shall sit, and hold his office during the pleasure of Congress.

That the books, records, and other papers of the United States that relate to this department, be committed to his custody, to which, and all other papers of his office, any member of Congress shall have access; provided that no copy shall be taken of matters of a secret nature without the special leave of Congress.

That the correspondence and communications with the Ministers, Consuls, and Agents of the United States in foreign countries, and with the Ministers and other officers of foreign powers with Congress, be carried on through the office of foreign affairs by the said Secretary, who is also empowered to correspond with all other persons from whom he may expect to receive useful information relative to his department; provided always, that letters to Ministers of the United States, or Ministers of foreign powers, which have a direct reference to treaties or conventions proposed to be entered into, or instructions relative thereto, or other great national subjects, shall be submitted to the inspection, and receive the approbation of Congress before they shall be transmitted.

That the Secretary for the Department of Foreign Affairs correspond with the Governors or Presidents of all, or any of the United States, affording them such information from his department as may be useful to their States or to the United States, stating complaints that may have been urged against the government of any of the said States, or the subjects thereof, by the subjects of foreign powers, so that justice may be done agreeably to the laws of such state, or the charge proved to be groundless, and the honor of the government vindicated.

He shall receive the applications of all foreigners relative to his department, which are designed to be submitted to Congress, and advise the mode in which the memorials and evidence shall be stated, in order to afford Congress the most comprehensive view of the subject; and if he conceives it necessary, accompany such Memorial with his report thereon.

He may concert measures with the Ministers or officers of foreign powers, amicably to procure the redress of private injuries, which any citizen of the United States may have received from a foreign power, or the subjects thereof, making minutes of all his transactions relative thereto, which have passed on such occasions.

He shall report on all cases expressly referred to him for that purpose by Congress, and on all others touching his department, in which he may conceive it necessary. And that he may acquire that intimate knowledge of the sentiments of Congress, which is necessary for his direction, he may at all times attend upon Congress; and shall particularly attend when summoned or ordered by the President.

He may give information to Congress respecting his department, explain and answer objections to his reports when under consideration, if required by a member, and no objection be made by Congress.

He shall answer to such inquiries respecting his department as may be put from the chair by order of Congress, and to questions stated in writing about matters of fact, which lie within his knowledge, when put by the President at the request of a member, and not disapproved of by Congress. The answers to such questions may, at the option of the Secretary, be delivered by him in writing.

He shall have free access to the papers and records of the United States in the custody of their Secretary, or in the offices of finance and war and elsewhere. He may be furnished with copies, or take extracts therefrom, when he shall find it necessary.

He shall use means to obtain from the Ministers and agents of the United States in foreign countries, an abstract of their present state, their commerce, finances, naval and military strength, and the characters of Sovereigns and Ministers, and every other political information, which may be useful to the United States. All letters to sovereign powers, letters of credence, plans of treaties, conventions, manifestoes, instructions, passports, safe conducts, and other acts of Congress relative to the Department of Foreign Affairs, when the substance thereof shall have been previously agreed to in Congress, shall be reduced to form in the office of Foreign Affairs, and submitted to the opinion of Congress; and when passed, signed, and attested, sent to the office of Foreign Affairs, to be countersigned and forwarded. If an original paper is of such a nature as cannot be safely transmitted without cyphers, a copy in cyphers, signed by the Secretary for the Department of Foreign Affairs, shall be considered as authentic, and the Ministers of the United States at foreign Courts may govern themselves thereby in the like manner as if the originals had been transmitted. And for the better execution of the duties hereby assigned him, he is authorised to appoint a Secretary, and one, or if necessary more clerks, to assist him in the business of his office.

Resolved, That the salaries annexed to this department shall be as follows;

To the Secretary of the United States for the Department of Foreign Affairs, the sum of four thousand dollars per annum, exclusive of office expenses, to commence from the first day of October last.

To the Secretary, one thousand dollars per annum.

To the clerks, each five hundred dollars per annum.

Resolved, That the Secretary for the Department of Foreign Affairs, and each of the persons employed under him, shall take an oath before a Judge of the State where Congress shall sit, for the faithful discharge of their respective trusts, and an oath of fidelity to the United States, before they enter upon office.

Resolved, That the act of the 10th of January, 1781, respecting the Department of Foreign Affairs, be and hereby is repealed.

TO THE PRESIDENT OF CONGRESS.

Office of Foreign Affairs, February 23d, 1782.

Sir,

The resolution passed by Congress on the 22d of February, for the more perfect organization of the Department of Foreign Affairs, having no reference to the time past in fixing the salaries of the secretaries or clerks, I am left without a rule for that purpose, but presume as I have had two gentlemen employed for some time, without any distinction of rank, that no objection will lie to my giving them orders for the time that they have served at the rate of seven hundred and fifty dollars a year each.

I am sorry to be the means of taking up a moment of the time of Congress, but find myself embarrassed by their present arrangement, which fixes one secretary, and reduces the other gentleman in the office to the rank of a common clerk. If no material objection should lie against the measure, I would propose, as the business of the office naturally divides itself into two branches, foreign and domestic, that instead of a secretary there should be two under secretaries, whose rank and pay shall be settled according to their merit and abilities by the Secretary of Foreign Affairs, provided that the pay of both taken together shall not exceed the sum of fifteen hundred dollars; this will not only be an incitement to diligence and attention, but possibly enable me to procure two persons, in whose integrity and abilities I can confide, instead of a common clerk, without increasing the expense of the department.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO THE PRESIDENT OF CONGRESS.

Office of Foreign Affairs, February 26th, 1782.

Sir,

I am somewhat at a loss to determine upon what principle the petition of John Jordan and others, was referred to me, but presume, that it was with a view to obtain from me such information relative to the distribution of the prize money arising from the prizes taken by the Bon Homme Richard, as the papers in this office can afford.

There were no papers relative to this transaction in this office; but among those of the Board of Admiralty, I find a letter from Dr Franklin to Francis Lewis, dated the 17th of March last, covering some inquiries on this subject, and a copy of a Concordat entered into by John Paul Jones, commanding the Bon Homme Richard; Pierre Landais, captain of the Alliance; Dennis Nicolas Cottineau, captain of the Pallas; Joseph Varage, captain of the Cerf; and Philip Nicolas Ricot, captain of the Vengeance; by which, among other things, they agree to divide their prizes, agreeably to the American regulations, as they sailed under American colors and commissions; and constituted M. Chaumont their agent to receive and distribute the prize money in behalf of the crew of each ship, and to be answerable for it in his own private name.

From Dr Franklin's letter, it appears that the whole of the prizes belonged to the captors; that the King offered to purchase the ships of war they had taken, according to an established rate; that the seamen objected to it, and chose they should be sold at vendue; that this occasioned a delay in the sale; that he does not know the amount of the value of the prizes, nor whether they were distributed, which he considers as a private transaction between the officers and crews of the ships and M. Chaumont.

From this state of facts, Congress will judge if anything more can be done relative to the claim of three of the petitioners to their share of the value of the prizes, (the fourth being out of the question) than to assist them in the mode of authenticating the evidence of their being entitled thereto, and to forward it with powers of attorney to the Consul of the United States in France. This I will readily do for them, and write to Mr Barclay on the subject, without any express direction from Congress, when the petitioners shall call at this office.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO ROBERT SMITH, COMMERCIAL AGENT AT HAVANA.

Philadelphia, February 26th, 1782.

Sir,

Your letter to the Superintendent of Finance was received, and referred by Congress to this office, when upon mature deliberation it was determined for various political reasons, not to recommend the issuing of any commissions for letters of marque, or reprisals from any of the Spanish Islands. Congress having considered these reasons, came into this view, and passed the resolution, which I enclose in pursuance of their orders.

It is expected, that the several Consuls and agents of Congress, wherever settled, will keep up a regular and constant correspondence with me, in order that the United States, in Congress, may have the fullest information of every transaction in which they may be materially concerned. This task I dare say you will readily impose upon yourself, when you reflect on the advantages that may result from it. The points on which I shall chiefly trouble you for information, are the naval and military strength of the Island at the time you write, not merely as to the number of ships and men, but their actual state of preparation for defensive or offensive operations, their stations, their prospects and designs, as far as you can learn them. At your leisure, I wish to have an account of the population, militia, commerce, husbandry, and revenue of the Island, the sentiments of the people with respect to this war, and everything else you may deem curious or interesting.

If a paper is printed at the Havana, you will be pleased to send it to me by every opportunity. I need not suggest to you the necessity of preparing your letters, so that they may be sunk in case of danger, when they contain anything which may be of use to the enemy.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO DON FRANCISCO RENDON.[22]

Philadelphia, March 6th, 1782.

Sir,

I will with pleasure give you such information on the subjects you write upon, as I can with propriety mention to a gentleman of whose attachment I entertain no doubt, but who has, nevertheless, given me no reason to think, that his inquiries have any farther object than his personal satisfaction.

1. In answer to the first question, I can only inform you, that Congress have voted thirtysix thousand infantry, which, with the cavalry and artillery, will amount to about forty thousand men. It is not probable, however, that the whole of this number will be raised; I think it would be prudent to make a deduction of about one fourth. But you have been too long in this country to form any judgment of the strength of our army from the regular establishment, since it has been, and always will be increased (more particularly in the Northern States) by large bodies of militia, when their apprehensions, or the hope of splendid advantages shall call them forth. Of this, the events of the year 1777, among others, afford the most striking evidence.

2. It is not expected, that in the present situation of the country, the whole sum of eight millions of dollars can be raised in time. What the deficiency will be, must depend on the motions and strength of our enemy early the next spring; the success of our commerce; the remittances that shall be made to this country by our allies, which, being expended here, may, by frequent taxes, be brought into the public treasury, and repeatedly applied to public use.

3. The resources of the next campaign lay in taxation, in the strictest economy, and in the assistance which we may reasonably hope to receive from the enemies of Great Britain, while we are making every exertion in the common cause. We flatter ourselves, that those powers who wish for peace, and who see America as the great object in Britain, in carrying on the war, will not suffer it to be lengthened out beyond the present year, when, by a moderate supply to us, they can terminate it in the course of one campaign. We form some expectations from the wisdom and generosity of Spain; and as we know she has the means, so we cannot suppose she can want the inclination to promote her own interests, and insure the esteem and gratitude of a rising nation, whose commerce and alliance cannot but be important from the situation of her Colonies.

4. This question is answered above, only it may be proper to observe, that if, in this reasonable expectation, America should be disappointed, she will still find resources in herself, not indeed to expel the enemy, but to preclude them from extending their conquests, and to compel them to offer her such terms as are necessary for her security, though perhaps short of her wishes.

5. The commercial connexion between the United States and Spain, will naturally be very extensive, if it meets with the least encouragement. The Spanish Islands will be supplied with provisions from them, at such easy rates as must give them great advantages in the cultivation of sugars, for which America will afford a considerable market; fish, lumber, and iron will also be exported to them if it should be permitted; and salt, as well as sugar, brought back in return, if the duties should be lowered, or a drawback allowed on the exportation. Our trade with Spain will consist chiefly in naval stores, masts, iron, furs, fish, and tobacco; in return for which we shall take the produce and manufactures of Spain of almost every kind.

6. It is impossible for the United States to use means to prevent an illicit commerce with the Spanish Colonies, without interfering in their internal regulations. All they can do, is, to consider the regulations made for that purpose as binding upon their subjects, and not to demand satisfaction if they suffer by the penalties, which the laws attempted to be infringed, may impose. To this they will not object, while the punishment is reasonable, and not confined to crimes committed within the jurisdiction of the power imposing it. If it is extended further, such further extension must depend upon treaties between the United States and Spain, and will be the subject of discussion whenever such treaty shall be set on foot.

7. Spain will be allowed, without the least difficulty, either to purchase vessels built in America, or to appoint agents of her own for building vessels of any kind, as well as for arming them, if she thinks proper, from the iron founderies, which are lately erected here, and which will continue to increase in proportion to the encouragement which shall be given them.

The last question must be referred to a general treaty, and is of such a nature as not to be properly answered here.[23]

I am, with great regard and esteem,

ROBERT R. LIVINGSTON.

FOOTNOTES:

TO JOHN PAUL JONES.

Philadelphia, April 17th, 1782.

Sir,

I enclose an extract from a protest made by Captain A. de Neef, commanding the brigantine Berkenbosch, which has been transmitted to Congress, and by them to me, in order that I might inquire into the facts therein alleged. I must beg the favor of you to state them to me as far as they come within your knowledge, that measures may be taken to vindicate your reputation, and that of the American flag, if, as I presume, the charges are ill founded, or to repair any injury, which you may undesignedly have occasioned him.

Complaints have been made to Congress by officers and men, who formerly belonged to the crew of the Bon Homme Richard, and the Alliance frigate, of their not having yet been able to obtain the share of prize money due to them; in consequence of which Congress have directed me to draw a memorial to the Court of France, praying its interposition, in obtaining justice for them. As this whole business, as far as I can collect from the Concordat entered into by you and the gentlemen commanding the other vessels under your command, appears to have been a private transaction, I am at a loss upon what to ground an application to the Court, more particularly as neither of the parties have as yet called upon this office with proof of their having applied to M. Chaumont, or been denied justice by him. You will oblige me by giving me all the light in your power upon this subject, if possible, by the next post.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

THOMAS S. LEE TO ROBERT R. LIVINGSTON.

Annapolis, in Council, April 19th, 1782.

Sir,

We have been duly honored with your several letters of the 12th of November, 1781, and the 18th and 19th of February, 1782, which shall be laid before our Assembly, at their meeting the 25th of the present month, when, we doubt not, their very important contents will meet with the consideration they so well deserve.

Whenever we are possessed of anything, in which the United States are materially interested, we shall with great pleasure communicate it.

The document you require, in consequence of the resolution of Congress, enclosed in the letter of the 18th of February, shall be properly authenticated, and transmitted as soon as the whole can be collected.

We have the honor to be, &c.

THOMAS S. LEE.

ROBERT MORRIS TO ROBERT R. LIVINGSTON.

Office of Finance, April 27th, 1782.

Sir,

His Excellency, the Minister of France, having informed on the part of his Court, that no extraordinary sums will be paid to the Ministers of the United States in Europe, I must request that you will furnish me with an account of their several salaries, payable to the foreign Ministers and their Secretaries, and I will make out bills in your favor on the banker of the United States in Paris for the last quarter, commencing with the present year. I must at the same time pray, you will require of those gentlemen, the state of their several accounts with the public for salaries, that the whole may be adjusted, and all future expenses of that sort be classed under the proper head of the Department of Foreign Affairs.

I have the honor to be, &c.

ROBERT MORRIS.

CIRCULAR LETTER TO THE GOVERNORS OF THE STATES.

Office of Foreign Affairs, Philadelphia, May 2d, 1782.

Sir,

The enclosed resolution of Congress will explain the cause of this letter. The information it refers to, is an assurance that Britain had absolutely declined any interference of the mediating powers between them and what they call their rebel subjects. They persist on every occasion in representing us as a divided people, who anxiously wish to return to our connexion with England. In this they have two objects equally important to them. 1st. They encourage England to continue a war, which they expect to see terminated by our own weariness and languor; and 2dly. They put such a face upon their affairs as will entitle them on a negotiation to make demands at our expense, which they would not presume to think of, if the mediators were acquainted with our firm resolution never to return to our obedience to their Government. Besides which, they cast a degree of odium upon the conduct of France, representing it as the support of a discontented faction, rather than as the generous ally of an oppressed nation.

There is reason to apprehend, that in order the better to secure the advantages of this deceitful policy to themselves, they will make proffers to each of the United States. If any of them should listen to them, (which cannot, however, be presumed,) they will urge this, as a proof of their assertions, even if they should decline receiving their proposals and refer them to Congress, as from the nature of our Union they undoubtedly must; still as the result of the experiment cannot be known for some time in Europe, they will avail themselves of it in part, if negotiations should open.

This artifice of the enemy may be counteracted in two ways, both of which deserve the serious attention of your Legislature. The first and most important is, by making such exertions to procure a respectable army early in the season, that the mediators casting their eyes upon the muster rolls, may there read a full refutation of all that British artifice can suggest. I need not observe, that this measure must go hand in hand with taxation, since an army without the means of supporting it, would only increase our evils. The second is to anticipate the attempt of Great Britain by such resolutions as the information contained in this letter suggests, resolutions which strongly mark a spirited determination in the Legislature of each State to listen to no negotiations, except through the intervention of Congress, which manifest their attachment to the independence of their country, and inviolable regard to the faith they have pledged to each other, and to their allies. These may either prevent the attempt I apprehend, or arrive in time to counteract this effect, which the false expectations built thereon might otherwise have in Europe.

I mention this to your Excellency without any express direction from Congress. It is more than probable, that your judgment, and the zeal and wisdom of the Legislature, may improve these loose hints to the general advantage of the United States. I have the pleasure of assuring your Excellency and the Legislature, that the fairest prospects are now before us of terminating the war by a single exertion, though I am not at liberty to say, that the plan of the ensuing campaign is absolutely determined on, yet I have great reason to believe, that we shall receive such powerful military aid, as, with becoming exertions on our part, will free every State in the Union from the grasp of the enemy.

Here, Sir, I might pause, and suffer my imagination to dwell upon the animating prospect before us; but reasoning from the past to the future, I dare not indulge the pleasing idea. We have at no period been in a situation to second fully the endeavors of our ally to serve us; we either neglected to assemble our army in time, or to provide the means for supporting or moving them; a feather would have turned the balance last year, notwithstanding the powerful aid we received from abroad. Providence blinded our adversaries; to their temerity we owe our success.

But, Sir, let me ask, whether any State did then, or has even now, done all in its power to enable our Generals to prosecute this victory? Or rather let me turn to what is more within our line, by observing, that the inferiority of our army in point of numbers to that of our ally while they acted at Yorktown, has been considered in Europe as a proof of the assertions of Britain, and has been urged as an argument of our weakness, our weariness of the war, or our internal divisions. A moment's reflection will show the advantages, that this affords our antagonist in a negotiation. How much it weakens the claims we make, and how many important benefits may be lost forever by our appearing in Europe to receive our independence rather as a gift, than to have established it by our exertions!

But, Sir, it is still in our power to repair these errors. Let us avail ourselves of this favorable moment for expelling the enemy, and recovering our diminished credit among the nations of the earth.

I make no apology for the liberty I take. Your Excellency, I am persuaded, is too sensible of the truth of these observations, to think they could be delivered with less earnestness by one, who feels their importance, and I am confident that you will bring them before the Legislature of your State in such manner as will best serve to ensure them their attention.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO ROBERT MORRIS.

Philadelphia, May 8th, 1782.

Dear Sir,

I enclose the list of salaries you requested. The charges of those who act as secretaries to Dr Franklin and Mr Adams are not yet settled. I shall lay the list before Congress and make them some propositions on the subject. It will be necessary to afford a small sum to each of the Ministers to enable them to defray contingent expenses, which are continually happening, particularly to Dr Franklin, who is at the centre of all our communications. I will converse with you on this subject, and endeavor to form an estimate of what this ought to be.

I am, Sir, &c.

ROBERT R. LIVINGSTON.

TO THE PRESIDENT OF CONGRESS.

Office of Foreign Affairs, May 8th, 1782.

Sir,

The enclosed account of the annual expense of the Department of Foreign Affairs, exclusive of contingent expenses, was made out at the request of the Superintendent of Finance, that measures might be taken to discharge the salaries of the gentlemen in Europe, who express great uneasiness on the subject; but as it is incomplete till the allowance to the private secretaries of Dr Franklin and Mr Adams are ascertained, I have thought it proper to lay the whole before Congress, for their direction thereon.

Congress were pleased to order by their resolution of the 2d of January last, that the Secretary of Foreign Affairs should lay before them an estimate of the expenses, which will probably be incurred by the foreign Ministers of the United States respectively, and their secretaries. I find myself under great embarrassments in preparing a report agreeably to their order, from not being able to enter fully into their views. I should presume, that the expense of foreign Ministers ought to be regulated by their salaries, though I feel that the desire of supporting the dignity of an office, to which the salary is incompetent, often urges men to quit the line, how much soever they may be embarrassed thereby. Justice and policy suggest, that the salaries of officers, who are engaged in so delicate and difficult a department as that of Foreign Affairs, should have such appointments as to free them from embarrassments with respect to their private affairs. I believe Congress had this in view when they settled those of their foreign Ministers, none of whom complain of their being inadequate, unless it be Mr Jay, who has given us some reason to think his salary, in his opinion, is barely sufficient for his support, and that his manner of living is not equal to what he conceives the dignity of the United States requires. With respect to the salaries of the secretaries to the Embassies, it is in my opinion, (founded upon the practice of other nations) at least the double of what it ought to be.

If, as I presume, Congress intended by their resolution, that I should lay before them an account of the manner in which our foreign Ministers live at present, that they might themselves be enabled to judge of the proportion it bore to their appointments, I can only say, that the result of inquiries on this head must necessarily be extremely uncertain. I submit them as far as they have come to my knowledge.

Dr Franklin has a part of M. Chaumont's house at Passy; he keeps a chariot and pair, and three or four servants, and gives a dinner occasionally to the Americans and others; his whole expense is, as far as I can learn, very much within his income.

Mr Adams lives in lodgings, keeps a chariot and pair, and two men servants; he has hitherto retained a private secretary in the absence of Mr Dana, who will, if is to be presumed, be paid by Congress. I have lately heard that Mr Adams was about to take a house.

Mr Dana's salary, even if he should assume a public character, in a country where the relative value of money is so high, that, if I am well informed, an elegant house may be had for fifteen guineas a year, is very ample.

Of Mr Jay's manner of living, I have been able to obtain no account, but should conclude from the price of the necessaries of life, in the part of Spain in which he lives, from the port the Court and the people about it maintain, and above all, from its sitting in different parts of the kingdom, that to live in the same style with Dr Franklin or Mr Adams, his expenses must amount to nearly double of theirs.

But as every conjecture of this kind must be very uncertain, all I can do is to lay before Congress the relative expense, as far as I can learn it, between the different places at which our Ministers reside, taking Philadelphia for the common standard.

Paris, if wine, clothing, and the wages of servants are included, is about twenty per cent cheaper than Philadelphia; Amsterdam ten, and at Madrid the expenses of a family are somewhat higher than at this place. But the unsettled state of those who follow the Court, their travelling equipage and charges must greatly enhance this expense.

Congress will make their own deductions from these facts, after allowing for their inaccuracy. I would, however, take the liberty to submit the enclosed resolutions to Congress; the first is founded upon the propriety of supplying Dr Franklin with a secretary, which his age and the dignity of his employment render necessary. As Mr Jay is not yet acknowledged, Mr Carmichael's services in Spain may be dispensed with.

The second, third, fifth, and sixth, are designed to make a reform in the article of expense.

The fourth to prevent the claim which any gentlemen, who may be appointed to any of the Northern Courts, may have to the salary settled by Congress on the 5th of October, and to adapt the character to the allowance.

The sixth to enable Congress, without injuring the dignity of their Ministers, to proportion the allowance to the expense of the Court they reside at, as well us to the port which they would wish them to maintain.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

Office of Foreign Affairs, May 9th, 1782.

The Secretary of Foreign Affairs humbly submits the following resolutions to the consideration of Congress.

ROBERT R. LIVINGSTON.

Resolved, That Mr Carmichael be appointed Secretary to the Embassy from the United States to the Court of Versailles, with a salary of four thousand dollars per annum.

Resolved, That Mr Jay be empowered to appoint a private secretary, with a salary of one thousand dollars per annum.

Resolved, That Mr Laurens, when he enters upon his mission to the United Provinces of the Low Countries, be empowered to appoint a Secretary with a salary of one thousand dollars per annum.

Resolved, That the Commissioners for negotiating a peace, in case Mr Dana shall not return, appoint a Secretary to the Commission, with a salary of one thousand dollars per annum.

Resolved, That the commission of Minister Plenipotentiary from the United States of America to the Court of Petersburg be revoked, and that a commission issue to Francis Dana, constituting him Resident at the said Court.

Resolved, That when he shall have been received in that character, he be empowered to appoint a private secretary, with a salary of eight hundred dollars per annum, who shall remain in office till Congress think it proper to make another appointment.

Resolved, That the appointment of no Secretary to any of the Northern Courts in future, shall exceed a thousand dollars per annum, and that the appointments of a Secretary to the Embassy in France, Spain and Holland, shall in future be twelve hundred dollars, excepting such Secretaries have been heretofore appointed.

Resolved, That the salary of a Minister Plenipotentiary from the United States, from the 1st day of January next, shall not exceed five thousand dollars, or that of a Resident three thousand, but that an allowance be made for household expenses, at and after the following manner;

To the Minister Plenipotentiary at the Court of Versailles,

To the Minister in Spain,

To the Resident in the United Provinces, (a Minister being unnecessary,)

To the Resident at the Court of Petersburg, and each of the other Northern Courts.

CHARLES THOMSON TO ROBERT R. LIVINGSTON.

May 9th, 1782.

Sir,

The United States in Congress assembled, having appointed Monday, the 13th instant, at twelve o'clock, for giving a public audience to the Minister of France, and having resolved, that a place be assigned to the principals in the three Executive Departments under Congress,

I have the honor to inform you, that the place assigned to those gentlemen, is within the bar to the right, and next to the members of Congress on the left of the chair.

The United States in Congress assembled have further resolved, That the assistants and principal secretaries in each of the departments, be admitted without the bar of the house. The Messenger of Congress has orders to furnish you with tickets for such of the gentlemen in your department, as come within the above description.

I have the honor to be, &c.

CHARLES THOMSON, Secretary.

TO THE COMMANDER IN CHIEF, AND MAJOR GENERAL GREENE.

Philadelphia, May 13th, 1782.

Sir,

I have the honor to inform you, that the Minister Plenipotentiary of France this day announced to the United States in Congress assembled, at a public audience, the birth of a Dauphin, and that Congress received this annunciation of an event, in which the happiness of their ally was so deeply engaged, with the most lively marks of satisfaction. It is their wish, that your Excellency, and the troops under your command should partake in this pleasure. I have their orders to inform you of this event, to the end, that you may cause the same to be published in the army, until such demonstrations of joy as you shall direct.[24]

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

FOOTNOTES:

TO THE PRESIDENT OF CONGRESS.

Philadelphia, May 13th, 1782.

Sir,

The late change in the measures and in the administration of Great Britain, and the arts that are daily practised to infuse a belief in Europe, that the most perfect harmony does not subsist between the United States and their ally, induce me to wish that Congress would embrace the opportunity, which this day's audience affords, to declare their attachment to the alliance in such terms, as will serve fully to defeat every expectation of sowing the seeds of division between the United States and France.

For which purpose I humbly submit the following addition to the answer proposed to be given to the address of the Ministry Plenipotentiary of France.

I have the honor to be, with the greatest respect,

ROBERT R. LIVINGSTON.

Office of Foreign Affairs, May 13th, 1782.

The following addition to the answer to the address proposed to be made by the Minister of France, is humbly submitted to the approbation of Congress, by the Secretary of Foreign Affairs.

ROBERT R. LIVINGSTON.

"A union, the mutual advantages of which become daily more conspicuous, and which has derived new lustre and additional force from every effort of the common enemy to dissolve it; Congress do not enlarge upon the subject, but satisfy themselves with the representations, which your own observations will enable, and your regard to the interests of both countries will induce you to make of the affectionate attachment, which every rank of people within these United States manifest to your Sovereign, and of their inviolable fidelity to the principles of the alliance."

TO THE PRESIDENT OF CONGRESS.

Philadelphia, May 15th, 1782.

Sir,

In order to have the sense of Congress upon Mr Jay's request, contained in his letter of the 6th of February last, I do myself the honor to submit the enclosed resolve; for though I do not see any advantage, which would at present result from his leaving Madrid, yet as cases may arise, which would render it proper, it may safely be left to his discretion.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

Office of Foreign Affairs, May 15th, 1782.

The following resolution is humbly submitted to the consideration of the United States in Congress, by the Secretary of Foreign Affairs.

ROBERT R. LIVINGSTON.

It having been represented to the United States in Congress, that certain circumstances might render it expedient to permit Mr Jay to leave the Court of Madrid, and repair either to the United Provinces or to Versailles,

Resolved, that such permission be granted him, provided he shall conceive, that such absence will be attended with important advantages to the United States, and that it does not exceed three months.

TO RICHARD HARRISON OF CADIZ.

Philadelphia, May 21st, 1782.

Sir,

You have probably heard of Colonel Livingston's misfortune, which deprived me of the pleasure of bearing from you by him. Our ports have been so closely blocked up for some time past, that it is with great difficulty we can get any vessels in or out. He shared the common fate, and was carried into New York, from whence he is come out with Mr Vaughan upon parole. He destroyed all his letters, and his parole closing this month, we have been able to learn nothing of importance from him.

The new system, which England seems to be about to adopt, with respect to America, has not yet discovered itself here, except in general professions, which the present Commander in Chief, Sir Guy Carleton, is continually making of his kindness and the affection, that still subsists in England towards the people of this country. This has produced not the least effect here; all ranks of people consider it rather a proof of their imbecility, than of their good will, and the Legislatures of the several States will I imagine enter into resolutions, similar to those passed by Maryland, which you will find in the enclosed papers. I direct them to you; after you have read them, I wish you to enclose and send them to Mr Jay as soon as possible, I commit to your particular care the several packets, that go with this; trusting that you will send them in such way as to escape inspection. They contain very important papers, as well those that go to Mr Adams as to Mr Jay.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO THE PRESIDENT OF CONGRESS.

Philadelphia, May 21st, 1782.

Sir,

I have the honor to enclose for the inspection of Congress, the draft of a letter to Mr Dana, together with a quadruplicate copy of one written the 2d of March, that Congress by seeing both may judge whether any further directions are necessary. I must take the liberty, Sir, to request you to turn their attention to this subject, and to the draft, which I had the honor to lay before them, of a letter to the King, as soon as possible. Unless Congress decide upon them today, I shall lose a favorable opportunity of transmitting them to Europe.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

GEORGE WASHINGTON TO ROBERT R. LIVINGSTON.

Head Quarters, May 22d, 1782.

Sir,

I have been honored with your favor of the 13th, communicating to me the formal annunciation to Congress, by the Minister of France, of the birth of a Dauphin.

Measures are ordered to convey to the army the news of this happy event, which will be celebrated with such demonstrations of joy as the occasion requires, and our circumstances will admit.

This information will be transmitted to General Greene, that the army under his command may participate in the general joy.

I have the honor to be, &c.

GEORGE WASHINGTON.

GOVERNOR TRUMBULL TO ROBERT R. LIVINGSTON.

Hartford, May 23d, 1782.

Sir,

I do myself the honor to enclose you copies of a letter, which I received some time since from Mr Deane; as he appears to be somewhat knowing in the counsels of Great Britain, I thought it not improper to return him an answer; you will find copies of what I have written likewise enclosed, and it is my duty to acquaint you, that upon being laid before the General Assembly of the State, this answer was approved by both houses nemine contradicente.

You will be pleased to lay both papers before Congress and the Minister of France, and you will judge of the propriety of sending a copy likewise to Dr Franklin, or our other Ministers in Europe.

I beg leave also to recommend to your care for conveyance, the letter covered for Mr Deane, and am, Sir, with the sincerest sentiments of esteem, &c.

JONATHAN TRUMBULL.

TO THE PRESIDENT OF CONGRESS.

Office of Foreign Affairs, June 5th, 1782.

Sir,

I have the honor to submit to Congress, the enclosed letter from Mr Lee with his accounts. As Congress were pleased to give no directions relative to the brigantine Berkenbosch, I presume it was their intention, that I should transmit to Dr Franklin a state of the information I had collected on that subject, which I have accordingly done. If Congress have any further commands, I wish to be honored with them as soon as convenient.

I am, Sir, with the highest respect, &c.

ROBERT R. LIVINGSTON.

TO ROBERT MORRIS.

Office of Foreign Affairs, June 6th, 1782.

Sir,

I have the honor to enclose the translation of a letter from the Minister of France to me, on the subject of an interest due on Loan Office certificates, as this relates peculiarly to your department, you will do me the honor to enable me to return some answer to this application, which has been several times reiterated.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

TO ROBERT MORRIS.

Office of Foreign Affairs, June 6th, 1782.

Sir,

I have the honor to enclose the translation of a correspondence between the Count de Vergennes and Dr Franklin, on the subject of complaints contained in the Memorial accompanying the letter from the Count, a translation of which is also enclosed. You will be pleased to cause an inquiry to be made into the facts, and to favor me with such information, as will enable me either to show, that the complaint is ill founded, or that it will be treated with the attention it merits.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

ROBERT MORRIS TO ROBERT R. LIVINGSTON.

Office of Finance, June 7th, 1782.

Sir,

I received this morning the letter you did me the honor to write on the 6th. Congress have asked from the several States a five per cent duty on goods imported, and on prizes and prize goods, as a fund for paying the principal and interest of their debts, this fund when granted will not be sufficient, and it is not yet granted by all. I expect, however, the requisition will speedily be complied with. I shall not cease urging it, and also such further revenues as may be sufficient for the purpose. When they shall have been obtained, they will be duly applied in liquidation of the public debts; but until that period arrives, neither the principal nor the interest of such debts can be paid.

I have the honor to be, with very great respect,

ROBERT MORRIS.

TO GOVERNOR TRUMBULL.

Office of Foreign Affairs, June 12th, 1782.

Sir,

I was honored with your letter of the 23d of May, with both the enclosures, which I laid before Congress, and furnished copies to the Minister of France. The spirit in which your answer to Mr Deane's letter is written, is such as must bring him to some sense of the disgraceful and contemptible part he is acting, and awake in him that remorse, which is the severest punishment of guilt. I shall avail myself of the permission you give me to transmit it to Dr Franklin, since I see that important advantages may result from declaring to Europe your sense, and that of so reputable a body as the Legislature of Connecticut, upon the important points it discusses.

I have the honor to be, &c.

ROBERT R. LIVINGSTON.

GOVERNOR GREENE TO ROBERT R. LIVINGSTON.

Newport, June 15th, 1782.

Sir,

I had the honor of receiving your address of the 14th of May past, informing me, that the Minister Plenipotentiary of his Most Christian Majesty, had announced to the United States in Congress assembled, at a public audience, the birth of a Dauphin of France, which I laid before the General Assembly, who were pleased to request me to transmit the enclosed letter of congratulation upon that happy event to his Excellency the Minister of France, which I request may be delivered to him in the name of the Governor, Council, and Representatives of the State of Rhode Island and Providence Plantations, in General Assembly convened.

I have the honor to be, &c.

W. GREENE.

ROBERT MORRIS TO ROBERT R. LIVINGSTON.

Office of Finance, June 20th, 1782.

Sir,

I do myself the honor to request that you will be pleased to make out accurate estimates for your Department during the year 1783, that I may form those general estimates for the service, which it is my duty to lay before the United States in Congress.

I am, with perfect esteem and respect, &c.

ROBERT MORRIS.

ROBERT MORRIS TO ROBERT R. LIVINGSTON.

Office of Finance, June 20th, 1782.

Sir,

The copy of a Memorial from the Minister of France, of the 25th of last month, which you handed me, has been laid before the Controller of the treasury, who has examined the resolutions of Congress, and reported to me. I am now, therefore, to observe, that if the gentlemen mentioned in that Memorial, or their representatives, have any claims against the United States, they must form accounts thereof, and state them in the usual manner to the Controller of the treasury, with the vouchers, who will cause them to be examined, according to the rules and regulations in that behalf established, and any balances which may appear due will be by him certified to me, at which time, and not before, I can decide on the subject.

I have the honor to be, &c.

ROBERT MORRIS.

THE GOVERNOR OF NORTH CAROLINA TO ROBERT R. LIVINGSTON.

North Carolina, June 24th, 1782.

Sir,

Your letters of the 18th and 19th of February, covered the resolutions of Congress, dated November 28th, January 25th, and February 11th, I was favored with in May last, which I did myself the honor to lay before the General Assembly.