The Diplomatic Correspondence of the American Revolution
Chapter 44 : TO THE AMERICAN PRISONERS IN PLYMOUTH, OR ELSEWHERE IN GREAT BRITAIN.Pa.s.sy, September

TO THE AMERICAN PRISONERS IN PLYMOUTH, OR ELSEWHERE IN GREAT BRITAIN.

Pa.s.sy, September 20th, 1778.

Gentlemen,

Although we have not written to you directly for some time, you may be a.s.sured we have not been unmindful of your interests, your comfort, or your liberty. We have been engaged a long time in negotiating a cartel of exchange. This work we found attended with many difficulties, but at last have obtained a.s.surances from England, that an exchange shall take place. We have also obtained from the government of this kingdom, a pa.s.sport for a vessel to come from England to Nantes, or L'Orient, with American prisoners, there to take in British prisoners in exchange. We now sincerely hope that you will obtain your liberty.

We cannot certainly say, however, that all will be immediately exchanged, because we fear we have not an equal number to be sent to England. Those that remain, if any, will be those who have been the latest in captivity, and consequently have suffered the least.

While the British government refused to make any agreement of exchange, the Commissioners here never discouraged their countrymen from escaping from the prisons in England, but on the contrary have lent several sums of money, sufficient with great economy to bear their expenses to some seaport, to such as have made their way hither.

But, if the British government should honorably keep their agreement to make a regular exchange, we shall not think it consistent with the honor of the United States to encourage such escapes, or to give any a.s.sistance to such as shall escape. Such escapes, hereafter would have a tendency to excite the British administration to depart from the cartel, to treat the prisoners remaining with more rigor, and to punish those that escape, if retaken, with more severity.

On the other hand, we have now obtained permission of this government to put all British prisoners, whether taken by continental frigates or by privateers, into the King's prisons, and we are determined to treat such prisoners precisely as our countrymen are treated in England, to give them the same allowance of provisions and accommodations and no other. We, therefore, request you to inform us with exactness what your allowance is from the government, that we may govern ourselves accordingly.

We have the honor to be, with much respect and affection, your countrymen and humble servants,

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

M. DE SARTINE TO THE COMMISSIONERS.

Translation.

Versailles, September 21st, 1778.

Gentlemen,

I have had the honor of receiving your note of the 17th instant. I have no doubt that my observations on the necessity of a perfect reciprocity between the two nations, in regard to recaptures at sea, appear to you just. I am sorry that you have not at hand a copy of the laws of the United States relative to this subject. Many difficulties, which the distance of the two countries may render very frequent, might thus have been prevented. The laws of Ma.s.sachusetts Bay, referred to by Captain M'Neil, are different from those of England, and somewhat resemble the French. The English regulations seem to be more favorable to the interests of commerce, (which should never be lost sight of even in war,) by allowing half of the vessel in all cases to the original owner. But it is particularly important, that the different States should adopt some uniform and permanent system in regard to this subject, so that there may not be different regulations for each State, which the ignorance of the commanders of privateers will prevent them from applying to different circ.u.mstances, thus giving rise to difficulties, which might be avoided by uniform legislation.

With regard to the recapture of the Isabella by Captain M'Neil, I have merely indicated to you the grounds on which the owners rested their claims in their letter to me. It is not the province of the government to examine them; that matter comes under the jurisdiction of the courts; if their sentence should be unfavorable to the original owners, you will certainly agree that a third, or even a half, of the value of the vessel ought to be deposited in the hands of a public officer appointed for that purpose, until the two nations shall agree upon some reciprocal regulations concerning vessels recaptured from the common enemy.

I have the honor to be, &c.

DE SARTINE.

M. DE SARTINE TO COUNT DE VERGENNES.

Translation.

Versailles, September 21st, 1778.

Sir,

I have had the honor to receive your note of the 5th instant, informing me of the wish of the Commissioners of the United States of North America to engage your good offices with the king, that the necessary measures may be taken to fulfil his Majesty's engagements, under the 8th article of the treaty of February 6th of the present year, in reference to the Barbary Powers. I have examined the article, and find that the king promised to employ his mediation, with the Emperor of Morocco, and the other Barbary Powers, in order to provide as fully as possible for the interest and security of the citizens of the United States, and the protection of their vessels and effects against all violence, insult, attacks, or depredations by the said Barbary Powers or their subjects.

From the nature of this engagement, it appears to me proper to use all means to comply with it, notwithstanding any difficulties which seem to lie in the way; but before presenting any plan to his Majesty, it seems to me necessary to inform him of the actual dispositions of the United States, and of the measures they may deem desirable on the part of France.

Do the United States wish to conclude treaties with the Barbary Powers, or do they wish merely that our influence should be exerted to make their flag respected by those powers? In the latter case we should never succeed, or if we should obtain liberty of commerce for the United States from some of them, it would be an illusory, temporary, and precarious permission, and would infallibly expose us, without being of the least benefit to the citizens of the United States. The Algerines, in particular, would never acknowledge the flag of the United States, unless it were made for their interests to do so.

You know too well, Sir, the character of the Barbary States, and their policy, to be ignorant of the inefficacy and dangers of such a measure. It would probably be less difficult to induce them to acknowledge the independence of the United States, and to conclude treaties with this new power. It is necessary to know beforehand, what are the instructions of the Commissioners, and whether they are authorised to negotiate with the Barbary Powers, under the mediation of France. If Congress has this intention, then I could receive the orders of the king to give the Commissioners the information necessary for entering upon a negotiation with the Barbary Powers, and we should be able to concert effectual measures for succeeding in this object, without exposing our own interests for those of the United States. This negotiation will be long and arduous, but I will neglect nothing to a.s.sure its success, if the Congress determine to prosecute it, and you consider the king pledged to forward it. I shall wait for your reply before making any overtures.

I have the honor to be, &c.

DE SARTINE.

TO THE PRESIDENT OF CONGRESS.

Pa.s.sy, 22d September, 1778.

Sir,

This will be delivered to you by Mr Jonathan Loring Austin, who was sent the last year express to France, with the news of the convention of Saratoga. He has resided chiefly in this kingdom from that time, and has been employed in the service of the public a part of the time, and his behavior from first to last has given entire satisfaction to us. We think it our duty, therefore, to recommend him to Congress as a gentleman of merit, of ability and diligence in business, zealously attached to the cause of his country, and of exemplary prudence and decency.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

E. T. VAN BERCKEL TO M. DUMAS.

Translation.

Amsterdam, September 23d, 1778.

Sir,

I have the honor to transmit to you herewith the declaration, which I am authorised to make, in order to prevent any mistake as to the intentions of the burgomasters of the city of Amsterdam; since it will be made evident by the above mentioned declaration, that they have not the absurd design of concluding a convention independently of their High Mightinesses, but only to make such preparations as are possible to accelerate the conclusion of a treaty of commerce, when the opportunity shall present. It is plain, that a treaty of commerce cannot be concluded, unless the princ.i.p.al commercial city of the republic gives its consent thereto, and that it cannot give its consent without having examined the terms. This examination may as well precede, as follow the acknowledgment of the independence of America by the English, in which case we should gain much time.

With regard to the terms, I will explain my own views, Sir, in a very few words, viz. that, in general, we should grant each other mutually all the facilities necessary to render commerce as free as possible, and that for this purpose we should take the treaty between France and America as the basis, changing nothing except those provisions, which cannot be applicable in the republic.

If this principle accord with the views of Congress on this subject, I will have the above mentioned treaty examined by experienced merchants, and communicate to you their opinion with regard to the additions, or omissions, necessary to negotiate a treaty of commerce between the republic and the United States of America on that basis.

If you wish for any further explanations, I beg you, Sir, to give me information, but I think the views I have proposed so simple, that nothing further will be necessary.

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

E. T. VAN BERCKEL.

_Declaration of E. T. Van Berckel._

Translation.