Part 12

I am willing, that whatever charge of levity may arise from this resuming the negotiation may be wholly visited on me. Though, indeed, as I think we are treating with gentlemen of sense and candor, I am under no apprehension, that they will view in any such light an anxiety to act with the utmost circumspection in a business of great moment and doubtful effect.

As this is a matter that admits of no delay, I must beg, Gentlemen, an immediate consideration of what I propose; and that you will do me the favor of apprizing me of your determination as soon as you have made it.[24]

I have the honor to be, &c.

ARTHUR LEE.

[24] A particular account of the 11th and 12th articles of the treaty, and the manner in which they were proposed and adopted, will be found above, in Silas Deane’s Correspondence, Vol. i. p. 155.

MESSRS FRANKLIN AND DEANE TO ARTHUR LEE.

Passy, February 1st, 1778.

Sir,

We have maturely considered your letter of the 30th past, and though we cannot see the mischievous consequences of the 12th article which you apprehend, yet, conceiving that unanimity on this occasion is of importance, we have written to M. Gerard this morning, that we concur in desiring that article and the preceding to be omitted, agreeable to his first proposal.

We have the honor to be, &c.

B. FRANKLIN, SILAS DEANE.

MESSRS FRANKLIN AND DEANE TO M. GERARD.

Passy, February 1st, 1778.

Sir,

Mr Lee having signified to us, that on further consideration he has changed his sentiments relating to the 12th article, and that he cannot join in signing the treaty if that article remains in, and as unanimity on this occasion is of some importance, and the articles 11th and 12th seem not perfectly consonant with the declared spirit of the treaty, which is to leave each party free in its regulations of commerce, we concur in requesting (if it can be done without occasioning delay) that these two articles be omitted, agreeable to your own first proposition.

We have the honor to be, &c.

B. FRANKLIN, SILAS DEANE.

M. GERARD TO THE COMMISSIONERS.

Translation.

Versailles, February 2d, 1778.

Gentlemen,

I have acquainted his Majesty’s Ministers with the fresh demand respecting the 11th and 12th articles of the Treaty of Commerce. The king having approved these two articles, agreeable to your unanimous wishes, they cannot be submitted to a new examination without inconvenience and considerable delay.

I am, therefore, charged to send you the French copies of the two treaties, that you may have them transcribed side by side with the English translation, and when this is done, I trust you will give me notice.

The only remark, which I have to offer, is on the 6th article of the Treaty of Alliance. It stands the same as when it was read, with the addition of the Bermudas, concerning which there was a question in our last conference. I have found another change in one of the sheets of observations, which have been sent to me. I should wish that the object of this addition should be treated in a conference. I have been charged to explain to you the reasons, which prevent the Ministers from agreeing to it, and I am ready to fulfil this object.

I have the honor to be, &c.

GERARD.

_P. S._ The translation of the two treaties appears to me well made, and I have no remarks to add in regard to it.

TO BARON DE SCHULENBURG.

February 2d, 1778.

Sir,

I was honored with yours of the 16th of January some few days since, and have delayed an answer in hopes that despatches from America would have enabled me to give your Excellency some acceptable intelligence. But in this I am disappointed, so that we have nothing but the relations of the enemy to direct our judgment of the present situation of things in and near Philadelphia. There is one thing, however, that must strike your Excellency in General Howe’s narration, which is that in attempting to make his forward movement, he was constantly attacked instead of attacking, and however well he might have defended himself, he was obliged to measure back his ground, and put his army into winter quarters. His tranquillity, or even safety there, will depend much upon the mildness of the winter, and the equipment of the army of the United States for a campaign in that rigorous season. If the winter is severe, and General Washington’s army tolerably provided, it seems to me that General Howe’s situation will be far from being that of security.

Congress have approved of the Convention with General Burgoyne. The enemy is driven back entirely into Canada, after blowing up the works of Ticonderoga; and New York is pressed on all sides.

The 4th and the 11th were the letters I referred to, and I have had the honor of receiving those your Excellency mentions.

I hope the period for executing his Majesty’s most gracious purpose towards us is not remote, as well as that of the reduction of the British power within the limits of due respect for other powers.

I thank your Excellency a thousand times for the facilities you have procured us in the supplying of ourselves with arms. But I find things must be more arranged before we can avail ourselves of your goodness. The enemy’s preparations are more sounding than substantial. They mark a radical weakness, and will certainly be impotent when we are fortified with alliances.

I have the honor to be, &c.

ARTHUR LEE.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, February 10th, 1778.

Gentlemen,

The enclosed Memorial and letter to Count de Florida Blanca,[25] will inform you particularly of my proceedings in Spain, with the reasons of the cautious conduct of that Court, which I did not think it safe to communicate before. France is now prepared, the war with Portugal is happily concluded by her accession to the family compact, and there remains only the hazard of the treasure at sea, which is expected in April next. When that arrives, I have no doubt of their acceding to the treaties signed here, and joining in the war, which it seems probable will be declared before that time between France and England.

From the enclosed accounts you will also see what has been sent from the house of Gardoqui, in pursuance of orders from the Spanish Court, and what by my order, which I am to pay for out of the fund remitted me from Spain of 170,000 livres. This fund would have been applied in time to have had the blankets, &c. with you for the winter’s campaign, but for the following reason. On my return from Germany in August, I found that from various expensive purchases, not only all our funds from our friends here had been exhausted, but we also involved in a considerable debt, and not half of your orders fulfilled, nor any fund to answer your draughts. It was therefore thought prudent to retain that sum, till we were sure of an additional supply from hence. The moment this was secured, I sent orders for the shipping of blankets and stockings, which are certainly cheap, and I hope will be of use. Upon this mercantile subject, I must beg leave to observe, that I have had nothing more to do with the proceedings of that kind here, but signing my name to contracts made by my colleagues, or rather by Mr Deane. You will, I presume, be able to judge, by the manner in which near five millions of livres have been expended, whether it is wise to unite the political and commercial characters.

I am given to understand, that Spain will wish to have the possession of Pensacola secured to her in the treaty. I shall hope to receive the commands of Congress upon that point as soon as possible. Perhaps Congress may think that circumstances are materially changed, since the passing the Resolve on this subject, December 30th, 1776;[26] and that the Mississippi is likely to be the only permanent boundary between the two people.

I beg the favor of having my duty recommended to Congress and have the honor to be, &c.

ARTHUR LEE.

[25] For this Memorial and the letter, see p. 41 and p. 45 of the present volume.

[26] Secret Journal, Vol. II. p. 38.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, February 15th, 1778.

Gentlemen,

I have before written to you the reason I had to conceive, that M. de Beaumarchais’ demands of payment for the supplies furnished in the Amphitrite, Mercury, and Flammand are unjust. The following testimonial from Count Lauragais will corroborate what I informed you, relative to his having himself proposed the supplies to me as a subsidy from the Court. Mr. Wilkes knows it more accurately, but his situation prevents him from giving it under his hand. The ministry, as you will see by our joint letter, have often given us to understand that we are not to pay for them, yet still M. de Beaumarchais, with the perseverance of such adventurers, persists in his demand. He alleges some promise or agreement made with Mr Deane. I should suppose Mr Deane would have apprized you of it, if any such exists. But certainly Doctor Franklin and myself are kept so much in the dark about the existence of such agreement, as to expose us to much unnecessary plague from this M. de Beaumarchais, who I cannot think has any right, to make the demand in question.[27] A copy of the following declaration has been given to Count Maurepas, but I have not heard his sentiments upon it.[28]

I have the honor to be, &c.

ARTHUR LEE.

_Testimonial of Count Lauragais_.

I was present in Mr Arthur Lee’s chamber in the temple, London, some time in the spring of the year 1776, when Caron de Beaumarchais made offers to Mr Lee to send supplies of money and stores through the Islands to the Americans, to the amount of two hundred thousand louis d’or, and he said he was authorised to make those proposals by the French Court.--Paris, February 8th, 1778.

[27] Mr Lee seemed to be somewhat less certain afterwards, having in the mean time conversed repeatedly with M. de Beaumarchais on the subject. Writing to Mr Pringle, July 4th, 1779, he says, “I absolutely do not know whether Beaumarchais is right or wrong, and while it is doubtful, one would not impeach his character.”

[28] See also on this subject p. 98 of the present volume; and for some further particulars respecting Count Lauragais, see Vol. 1. p. 150.

TO MESSRS FRANKLIN AND DEANE.

Chaillot, February 26th, 1778.

Gentlemen,

The return of our despatches by Mr Simeon Deane appears to me to be an event, from which great public consequences may flow. I therefore feel it the more extraordinary, that you should have taken any steps in it without a consultation with me. And this more especially, after I have so lately remonstrated against a similar conduct. I was silent upon it today, when Dr Franklin mentioned that Mr Deane was gone upon this business to Versailles without my knowledge, not because I did not feel the impropriety of it, but because I do, and have always wished, to avoid the indecency of a personal altercation.

In my judgment, the failure of our despatches is an event which will warrant our desire to be immediately acknowledged by this Court, and such acknowledgment will have a powerful effect in preventing the success of the overtures from England, and securing the peace and independency of America. The strong impression of the unfavorable disposition of this Court towards us, which former proceedings made on every mind, will reach America by a thousand channels. Our contradiction of it being unfortunately frustrated, will possibly commit our countrymen into measures, which a knowledge of the true state of things would have prevented. A public acknowledgment of us would reach America by numberless ways, and give them a decided proof of the sincerity and determination of France. Our despatches are a private and single channel, and may fail or arrive too late. With respect to us, the covert proceedings of France leaves them too much at liberty to renounce us, on any unfortunate event, and is a situation in which I think it neither for our honor nor safety to remain. These are sentiments which I submit to your better judgment, and beg we may have a consultation on the subject as soon as possible.

I have the honor to be, &c.

ARTHUR LEE.

MESSRS FRANKLIN AND DEANE TO ARTHUR LEE.

Passy, February 27th, 1778.

Sir,

The greater the public consequences that may flow from the return of our despatches, the more necessary it seemed the Court should be immediately acquainted with it, that the miscarriage might as soon as possible be repaired. It was near nine at night when the news arrived, and Mr Deane set out immediately. If we could have imagined it necessary to have a consultation with you on so plain a case, it would necessarily have occasioned a delay of that important business till the next day. He has been at Versailles, and obtained an order for another and larger frigate, and an express to be immediately sent off, carrying that order, that she may be ready. We think that Mr Deane deserves your thanks, and that neither of us deserves your censure. We are at present both engaged in copying the treaties, which will employ us closely till Sunday. After they are gone we shall be ready to enter into the consultation you propose, relating to our being publicly acknowledged here.

We have the honor of being, &c.

B. FRANKLIN, SILAS DEANE.

TO THE COMMITTEE OF FOREIGN AFFAIRS.

Paris, February 28th, 1778.

Gentlemen,

Our joint despatches of the 28th of December, 1777, informed you, that Spain had promised us three millions of livres, to be remitted to you in specie, through the Havanna. This information we had through the French Court. We have since been informed through the same channel, that it would be paid to our Banker here in quarterly payments. Of this I apprized you in my letter of the 15th of January, 1778. Finding however that no payment was made, I applied lately to the Spanish Ambassador here for an explanation. From him I learned, that by order of his Court, he had informed the Court of France, that such a sum should be furnished for your use; but in what manner he was not instructed, nor had he received any further communication on the subject. He promised to transmit my application to his Court without delay.

The balancing conduct, which these Courts have until very lately held towards us, has involved us inevitably in continual contradictions and disappointments. It is in this respect fortunate, that so many of our despatches have miscarried, otherwise you would have been equally vexed, embarrassed, and disappointed.

The chief reason that induced Spain to temporise subsists still; except the war with Portugal, which is happily concluded by her accession to the family compact. Our general despatches will convey to you the bills, as they are now passing in the Parliament of Great Britain, for appointing Commissioners to negotiate with _their deluded subjects, and declaring in what manner they will be graciously pleased to exercise in future_ their right of taxing us. It would not be doing justice to these bills to attempt any comment upon them; they speak for themselves, and loudly too. But the ministers of England give out, that they have despatched half a million of guineas to pave the way to a favorable acceptance of their propositions. And I know from the best authority here, that they have assured Count Maurepas of their being secure of a majority in Congress. By such arts do they endeavor to sustain their desperate cause. France has done us substantial benefits, Great Britain substantial injuries. France offers to guaranty our sovereignty, and universal freedom of commerce. Great Britain condescends to accept of our submission and to monopolise our commerce. France demands of us to be independent; Great Britain, tributary. I do not comprehend how there can be a mind so debased, or an understanding so perverted, as to balance between them.

The journies I have made, both north and south, in the public service, have given me an opportunity of knowing the general disposition of Europe upon our question. There never was one in which the harmony of opinion was so universal; from the prince to the peasant there is but one voice, one wish--the liberty of America and the humiliation of Great Britain.

The troubles, which the death of the Elector of Bavaria was likely to excite in Germany, seemed to have subsided, when, of late, the movements of the king of Prussia threaten to excite a general war. Great Britain, whose expiring hope sustains itself on every straw, finds comfort in the expectation, that this will involve France, and divert her from engaging in our war. But in my judgment, it is much more likely to operate against her in Russia, than against us in France.

I beg the favor of having my duty laid before Congress, and have the honor to be, &c.

ARTHUR LEE.

TO THE PRESIDENT OF CONGRESS.

Paris, March 19th, 1778.

Dear Sir,

I congratulate our country on your filling so distinguished and important an office in her service. Her prosperity will always depend upon the wisdom of her choice.[29]

Before this can reach you, the treaties concluded here must have arrived. I am sensible they will admit of very useful additions. But we were bound by the plan given us for the one; and by the critical situation of affairs, admitting of no delay, in the other. These things being considered, I hope what defects are found will be excused.

It is altogether uncertain when it will be convenient for Spain to accede to the alliance; and I am apprehensive that the war, which is likely to break out in Germany, will prevent the king of Prussia from declaring so soon, and so decidedly, as he promised. The Court of Spain will, I apprehend, make some difficulties about settling the dividing line between their possessions, and those of the United States. They wish to have the cession of Pensacola. I have written for, and hope to have the instructions of Congress on this head. If anything should strike you on the subject, the communication of it will infinitely oblige me. The high opinion I have of your abilities, and zeal for the public good, will always render your advice a favor to me; and the acquaintance I have had the honor of having with you, makes me hope I may ask it without offence. I beg to be remembered to your son, and have the honor to be, with the greatest esteem and respect, dear sir, your most obedient servant,

ARTHUR LEE.

_P. S._ Tomorrow we are to be presented to the king of France, and the English ambassador quits this Court without taking leave. War must immediately be the consequence, as these movements have been determined on, from the treaty of amity and commerce, which we have concluded with this Court, having been announced in form to that of London. The consequence of this, in relieving our country from the chief weight of the war, cannot but follow, and therefore I congratulate you upon it most sincerely. In my judgment, a year or two must reduce Great Britain to any terms the allies may think proper to demand.

[29] This letter is directed to Henry Laurens, who had recently been chosen President of Congress.

TO BENJAMIN FRANKLIN.

Chaillot, March 27th, 1778.

Dear Sir,

In consequence of what you mentioned to me relative to the German Courts, I consulted the Spanish Ambassador, whether it could be determined with any degree of certainty, how long it would be before the business I am pledged for with his Court would require my presence. His answer was, that it was altogether uncertain. In this situation, it appeared to me, that under my present engagements I could not venture to so great a distance. My brother has, therefore, set out on his original plan that was settled at Versailles.

Mr Grand has not yet returned me the account completed. The moment I receive it, I will wait upon you to settle the business of the loan bills.

I have the honor to be, &c.

ARTHUR LEE.

TO MESSRS FRANKLIN AND DEANE.

March 31st, 1778.

Gentlemen,

The reports I hear of Mr Deane’s intending soon to leave Paris, oblige me to repeat the request I long ago and repeatedly made, that we should settle the public accounts relating to the expenditure of the money intrusted to us for the public. And this is the more absolutely necessary, as what vouchers there are to enable the Commissioners to make out this account are in Mr Deane’s possession. I therefore wish that the earliest day may be appointed for the settlement of these accounts; which appears to me an indispensable part of our duty to the public and to one another.

ARTHUR LEE.

JAMES GARDOQUI & CO. TO ARTHUR LEE.

Bilboa, April 1st, 1778.

You will see by this invoice, that agreeable to what you are pleased to communicate to us in your very esteemed favor of the 6th instant, we have reduced our commission to 3 per cent. But, dear Sir, besides our being allowed 5 per cent by all the American friends we have worked for in the present troublesome times, several of whom have been, and actually are, eye witnesses of our troubles, as those blankets must be collected in the country round about Palencia, and the money must be remitted in specie there long beforehand for the purpose, we are not only obliged to pay the freight thereof and run the risks of it, but also to make good to the persons employed in their collection, their expense and trouble; the whole out of our commission, so that at present we reckon that half of it will be our profit.

We are, &c.

JAMES GARDOQUI & CO.

_Invoice of seventyfive Bales of Merchandise shipped on board the George, Captain Job Knight, for Cape Ann, consigned to Elbridge Gerry, on Account of Arthur Lee._

No. 1 to 75.----75 bales containing 1926 fine large Palencia blankets, at 27 riales, 52,002,00

_Charges._ To 413 vares of wrappers, at 2 riales, 826 To packing, lighterage, &c. 750 1,576,00 --- --------- 53,578,00 Commission, 3 per cent, 1,607,11 --------- Riales of V. 55,185,11

Placed to the debit of Arthur Lee. Bilboa, the 28th of March, 1778. _Errors excepted._ J. GARDOQUI & CO.

April 1, 1778.%--Number of blankets sent from Bilboa for Congress, since January, 1778. 1586 615 550 1695 2296 1926 ------ Total, 8668

M. GERARD TO ARTHUR LEE.

Translation.

Versailles, April 1st, 1778.

Sir,

I called at your house, to have the honor of your commands to the country where you know I am sent. Not having the honor of finding you at home, and my time pressing me, allow me the honor of taking my leave by writing, and requesting the favor of your commissions for America. You will truly oblige me, Sir, if you will charge me with letters for some of your connexions or friends, especially those who are members of Congress.

My acknowledgments shall equal the considerations of regard with which I have the honor of being, &c.

GERARD.

TO M. GERARD.

April 1st, half past one o’clock, 1778.

Sir,