The Diplomatic Correspondence of the American Revolution
Chapter 36 : FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.York, 14th May, 1778.Gentlem

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 14th May, 1778.

Gentlemen,

Our affairs have now a universally good appearance. Every thing at home and abroad seems verging towards a happy and permanent period. We are preparing for either war or peace. For although we are fully persuaded, that our enemies are wearied, beaten, and in despair, yet we shall not presume too much on that persuasion, and the rather, because it is our fixed determination to admit no terms of peace, but such as are fully in character with the dignity of independent States, and consistent with the spirit and intention of our alliances on the continent of Europe. We believe, and with great reason too, that the honor and fort.i.tude of America have been rendered _suspicious_ in Europe, by the arts, intrigue, and specious misrepresentations of our enemies there. Every proceeding and policy of ours have been tortured, to give some possible coloring to their a.s.sertions of a _doubtful disposition_ in America, as to her perseverance in maintaining her independency, and perhaps the speeches of many of the minority of both Houses in the English Parliament, who seem to persist in the probability of a reconciliation, may have contributed towards a continuance of that suspicion. But we, at this particular time, feel ourselves exceedingly happy in a proof, from the accidental arrangement of circ.u.mstances, such as we could neither foresee nor alter, that the disposition of America on that head was fixed and final. For this proof we desire your attention to what follows.

The English Ministry appear to have been very industrious in getting over to America, as soon as possible, their two conciliatory bills, even before they had been once read; the reason of which haste we did not then see; but the arrival of your despatches since, with the treaties, has unriddled that affair. General Howe was equally industrious, in circulating them by his emissaries through the country, and likewise sent them under a flag to General Was.h.i.+ngton, who immediately despatched them to Congress on the ---- of April. They were in themselves truly unworthy of the attention of that public body; but lest the silence of Congress should be misunderstood, or furnish the enemy with new ground for false insinuation, they were referred to a committee, whose judicious and spirited report thereon was unanimously approved in the House on the 22d, then published and circulated through the several States with all possible expedition.

The despatches, in charge of Mr Simeon Deane, did not arrive till the 2d of May, ten days after the said reports were published; and his expedition in bringing his papers to Congress prevented any intelligence from arriving before him. Enclosed are the reports referred to, which we recommend to your attention to make as public as possible in Europe, prefacing them with such an explanatory detail of the before mentioned circ.u.mstances, as shall have a tendency to place the politics of America on the firm basis of national honor, integrity, and fort.i.tude.

We admire the wisdom and true dignity of the Court of France, on their part of the construction and ratification of the treaties between us.

They have a powerful tendency to dissolve effectually that narrowness of mind, which mankind have been too unhappily bred up in. Those treaties discover the politician founded on the philosopher, and a harmony of affections made the groundwork of mutual interest. France has _won_ us more powerfully than any reserved treaties could possibly _bind_ us, and by one generous and n.o.ble act has sown the seeds of an eternal friends.h.i.+p.

It is from an anxiety to preserve inviolate this cordial union, so happily begun, that we desire your particular attention to the 11th and 12th articles of the treaty of amity and commerce. The unreserved confidence of Congress in the good disposition of the Court of France, will sufficiently appear, from their having unanimously first ratified those treaties, and then trusted any alteration, which may be proper to be made, to after mutual negotiations. We are apprehensive, that the general and undefined line of the 12th article may in future be misunderstood, or rendered inconvenient or impracticable, and so become detrimental to that good friends.h.i.+p, which we wish ever to subsist. To prevent this, you will herewith receive instruction and authority for giving up, on our part, the whole of the 11th article, proposing to the Court of France the rescinding, on their part, of the whole of the 12th article, those two being intended as reciprocal balances to each other.

It is exceedingly disagreeable to Congress, to find there has been misconduct in any of the commanders of armed vessels under the American flag. Every authentic information of that kind will be strictly attended to, and every means be taken to punish the offenders and make reparation to the sufferers. The chief consolation we find in this unpleasing business is, that the most experienced States have not been able to restrain the vices and irregularities of individuals altogether. Congress has published a proclamation for the more effectually suppressing and punis.h.i.+ng such malpractices. But we are rather inclined to hope, that as the line of connexion and friends.h.i.+p is now clearly marked, and the minds of the seamen thereby relieved from that inexplicable mystery respecting their real prizes, which before embarra.s.sed them, such irregularities will be less frequent, or totally cease, to which end the magnificent generosity of the King of France to the owners of the prizes, which for reasons of State had been given up, will happily contribute.

We are, Gentlemen, your very humble servants,

R. H. LEE, JAMES LOVELL.

TO M. DE SARTINE.

Pa.s.sy, May 14th, 1778.

Sir,

In the several cruises made by Captains Wickes, Johnston, Cunningham, and others of our armed vessels, on the coast of Great Britain, it is computed that between four and five hundred prisoners have been made and set at liberty, either on their landing in France, or at sea, because it was understood, that we could not keep them confined in France. When Captain Wickes brought in at one time near a hundred, we proposed to Lord Stormont an exchange for as many of ours confined in England; but all treaty on the subject was rudely refused, and our people are still detained there, notwithstanding the liberal discharges made of theirs, as above mentioned. We hear that Captain Jones has now brought into Brest near two hundred, whom we should be glad to exchange for our seamen, who might be of use in expeditions from hence; but as an opinion prevails, that prisoners of a nation with which France is not at war, and brought into France by another power, cannot be retained by the captors, but are free as soon as they arrive, we are apprehensive, that these prisoners may also be set at liberty, return to England, and serve to man a frigate against us, while our brave seamen, with a number of our friends of this nation, whom we are anxious to set free, continue useless and languis.h.i.+ng in their gaols.

In a treatise of one of your law writers, ent.i.tled _Traites des Prises qui se font sur Mer_, printed 1763, we find the above opinion controverted, p. 129, -- 30, in the following words; "Hence it seems, that it is not true, as some pretend, that from the time a prisoner escapes, or otherwise reaches the sh.o.r.e of a neutral power, he is absolutely free. It is true, he cannot be retaken without the consent of that power, but such a power would violate the laws of neutrality if it should refuse its consent. This is a consequence of the asylum of the s.h.i.+p in which the prisoner or hostage was contained."

We know not of what authority this writer may be, and therefore pray a moment of your Excellency's attention to this matter, requesting your advice upon it, that if it be possible, some means may be devised to retain these prisoners, till as many of ours can be obtained in exchange for them.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

FROM THE COMMITTEE OF FOREIGN AFFAIRS TO THE COMMISSIONERS.

York, 15th of May, 1778.

Gentlemen,

Your pressing request for five thousand hogsheads of tobacco, is a matter as embarra.s.sing to Congress as to yourselves. Their anxiety to get it to you is as great as yours to receive it. We have already lost vast quant.i.ties in the attempt, and thereby have furnished our enemies gratis with what was designed for the discharging of your contracts, and for promoting the interest and commerce of our friends. We request your particular attention to this information, as it is a matter of as high moment to our allies as well as to ourselves. In the present state of things it is very probable, that England will be unwilling to interrupt the trade of France in their own bottoms; and our desire is, as well for her benefit as ours, that France would open the trade from her own ports, so that the intentional advantages of the treaties may fully operate for both countries. We need not enlarge on this head, as your discernment will furnish you with all the reasons to be alleged in support of what we desire.

In addition to what is mentioned in our letter, respecting the 11th and 12th articles of the treaty, we observe, that the 12th is capable of an interpretation and misuse, which were probably not thought of at the time of constructing it; we mean, that it opens a door for all, or a great part of the trade of America, to be earned through the French Islands to Europe, and puts all future regulations out of our power, either by impost or prohibition, which, though we might never find it to our interest to use, yet by keeping it in our _power_, will enable us to preserve equality with, and regulate the imposts of the countries we trade with.

The general trade of France is not under like restriction, every article on our part being stated against the single article of mola.s.ses on theirs; therefore, Congress think it more liberal and consistent that both articles should be expunged.

We have no material military transactions to acquaint you with. The enemy yet remain in Philadelphia, but some late appearances make it probable they will not stay long. Our army is yet at the Valley Forge.

The enemy, through the course of the winter, have carried on a low, pitiful, and disgraceful kind of war against individuals, whom they pushed at by sending out little parties and revengefully burning several of their houses; yet all this militated against themselves, by raising an unquenchable indignation in the country against them; and on the whole, we know not which most to wonder at, their folly in making us hate them after their inability for conquest and their desires of peace are confessed, or their scandalous barbarity in executing their resentments.

You will see, gentlemen, by the contract which the Commercial Committee have signed with the agent of M. Beaumarchais, that Congress was desirous of keeping a middle course, so as not to appear to slight any determined generosity of the French Court, and, at the same time, to show a promptness to discharge honorably the debts, which may be _justly_ charged against these States by any persons. We depend upon you to explain the affair fully, as you seem to make a distinction between the military stores and the other invoices, while no such distinction appears in the letters of Mr Deane or M. Beaumarchais. In short, we are rather more undetermined by your late despatches, than we were during your long silence. Congress being at this time deeply engaged in a variety of business, and the Foreign Committee thin of members, you will be pleased to excuse us from being more particular in our answer to your several despatches, as well as in our information of the state of our affairs.

We are, gentlemen, &c.

R. H. LEE, JAMES LOVELL.

_P. S._ You will see what we have written to M. Dumas, and you will point out what will be our line of honor to him and justice to these States.

TO COUNT DE VERGENNES.

Pa.s.sy, May 16th, 1778.

Sir,

We had this morning the honor of receiving your Excellency's letter of the 13th instant, relative to the Boston frigate. We beg leave to a.s.sure your Excellency, that the frigate, called the Boston, now at Bordeaux, is a s.h.i.+p of war belonging to the thirteen United States of North America, built and maintained at their expense by the honorable Congress. We, therefore, humbly presume, that his Majesty's royal determination, on the representation of the Farmers-General, will be according to the usage of nations in such cases, and your Excellency may be a.s.sured that Captain Tucker will conform to that determination with the utmost respect.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO M. DE SARTINE.

Pa.s.sy, May 16th, 1778.

Sir,

Messrs Basmarine, Rainbeau, & Co. having represented to us, that they have applied to Government for a frigate, to be employed in defence of their commerce to and from America, and in making reprisals for the losses they have lately sustained by our enemies, we, the Commissioners of the United States of North America, hereby request that such a frigate may be granted; and in that case, we are ready to give a commission and letter of marque to such frigate, upon Messrs Basmarine & Co. giving bonds to us for the regular behavior of such frigate, according to the law of nations and the usage of the United States.

We have the honor to be, &c.

B. FRANKLIN, ARTHUR LEE, JOHN ADAMS.

TO MR JONATHAN WILLIAMS, AT NANTES.

Pa.s.sy, May 25th, 1778.